2018-325-E AMS - Bordeaux Construction Co. Northern Campus construction

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DocuSign Envelope ID: 04E136D1 -507C- 4219- BF16- 446F8D2192F8 21.8. The CMAR shall, at a minimum, adhere to the rules, regulations and interpretations of the North Carolina Department of Labor relating to Occupational Safety and Health Standards for the Construction Industry. 21.9. The CMAR shall designate a responsible member of its organization as safety inspector, whose duties shall include accident prevention on the Project. The name of the full -time onsite safety inspector shall be made known to the Project Designer and Owner at the time the Work is started. The CMAR will provide the Owner's Representative with the name of each Subcontractor's onsite safety officer. 21.10. In the event of emergency affecting the safety of life, the protection of Work, or the safety of adjoining properties, the CMAR is hereby authorized to act at its own discretion, without further authorization from anyone, to prevent such threatened injury or damage. Any compensation claimed by the CMAR on account of such action shall be determined as provided for under Sections 3 and 33 herein. 21.11. If reasonable precautions are inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance encountered but not created on the site by the CMAR or its Subcontractors, the CMAR shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner and Project Designer in writing. The Owner shall take responsibility for remediation of the material or substance from the site. If the CMAR claim's its progress in completing the Project is delayed because of the Owner's remediation of the site, the CMAR shall file notice and a claim in accordance with this Contract. 22. SEDIMENTATION POLLUTION CONTROL 22.1. Any land- disturbing activity performed by the CMAR in connection with the Project shall comply with all erosion control measures set forth in the Construction Documents and any additional measures which may be required in order to ensure that the Project is in full compliance with all state, federal, and local stormwater, erosion control, and sedimentation control laws, regulations, ordinances, rules, and regulations. 22.2. Upon receipt of notice that a land - disturbing activity is in violation of said act, the CMAR shall be responsible for ensuring that all steps or actions necessary to bring the Project in compliance with said act are promptly taken and shall incur the cost of any related fines. 22.3. The CMAR shall be solely responsible for defending any legal actions instituted pursuant to N.C.G.S. 113A -64. 22.4. To the fullest extent permitted by law, the CMAR shall, without limitation, indemnify and hold harmless the Owner, the Project Designer and the agents, consultants and employees of the Owner and Project Designer, from and against all claims, damages, civil penalties, losses and expenses, including, but not limited to, attorneys' fees, arising out of or resulting from the performance of Work or failure of performance of Work, provided that and only to the extent that any such claim, damage, civil penalty, loss or expense is attributable to the CMAR or its subcontractors and is a violation of the Sedimentation Pollution Control Act. Such obligation shall not be construed to negate, abridge or otherwise reduced any other right or obligation of indemnity which would otherwise exist as to any party or persons described in this Contract, including specifically paragraph 48. 23. INSPECTION OF THE WORK 23.1. It is a condition of this contract that the Work shall be subject to inspection during normal working hours by the Project Designer, designated official representatives of the Owner, and those persons Page 22 of 53 Revised 10/17