PROTECTION OF PERSONS AND PROPERTY

14.1 Public Convenience and Safety 14.1.1. The Contractor shall at all times conduct the Work in a manner that insures the public safety and convenience and the protection of persons and property. 14.1.1.1. Contractor shall perform the Work in a manner that will not cause unreasonable inconvenience to the general public. 14.1.2. The Contractor shall comply with all laws, rules, codes and regulations applicable to the class of work being performed pertaining to public safety and the protection of persons and property. 14.2 Laws to be Observed 14.2.1 It is the Contractor's responsibility to be fully informed of and comply with all Federal, Commonwealth and municipal laws, ordinances, safety codes and regulations, and all such orders or decrees presently in effect or that may be enacted prior to Final Acceptance or which in any way affect the prosecution of the Work. 14.2.1.1. The Contractor shall at all times observe and comply with all such laws, ordinances, safety codes, regulations, orders and decrees; and shall protect Owner and its representatives against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by himself, his employees, his subcontractors, his suppliers, his agents, or the employees of any of them or by anyone for whom Contractor is responsible. 14.2.1.2. When the United States Government pays all or any portion of the cost of the Work, the federal laws and the rules and regulations pursuant to such laws, if applicable, must be observed by the Contractor, and the Work may be subject to the inspection by any appropriate federal agency. 14.2.2. All costs related to compliance with all laws, rules and regulations enacted after bid opening date, shall be paid for by the Owner and any resulting adjustment to the Contract Price or the Contract Time shall be made by a Change Order to the Contract. 14.2.2.1. If Owner's Representative and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of any such adjustment, a Claim may be made therefore as provided in Article 11.5. 14.2.2.2. Payment under this paragraph is contingent to those situations not covered under Article 14.4.4. 14.3 Sanitary, Health and Safety Provisions 14.3.1. The Contractor shall comply with all Federal, Commonwealth and local laws, rules and regulations concerning construction safety and health standards and shall admit without delay any inspector from such health and safety agencies upon presentation of proper credentials. 14.3.2. Contractor shall provide and maintain in orderly sanitary condition such facilities as necessary for the use of his employees, in compliance with the Commonwealth Departments of Health and Labor and other bodies having jurisdiction. - 90 - UNIFORM GENERAL CONDITIONS FOR PUBLIC WORKS CONTRACTS 14.3.3. The Contractor shall not require work to be performed under unsanitary, hazardous or dangerous conditions. 14.4 Labor Relations and Wages 14.4.1. The Contractor shall comply with all the applicable Federal and Commonwealth laws, rules and regulations concerning fair labor practices including minimum wages, work hours, equal employment opportunities, nondiscrimination, civil rights, employment of minors, and other labor relation matters. 14.4.2. The minimum wage rates to be paid shall be according to the regulations of the Minimum Wage Board of the Puerto Rico Department of Labor as indicated in the latest issue of its mandatory decree at any time during the execution of the Project. 14.4.3. The Contractor shall pay weekly, in lawful money of the United States of America, including payment by check or direct deposit, the entire amount of wages, less legally authorized or mandated deductions, earned by each of the laborers and employees engaged in the Work. 14.4.3.1. The Contractor shall make available to the Owner for inspection the project payrolls and shall submit copies of such payrolls to the Owner when required. 14.4.3.2. Any irregularities noted will be brought to the attention of the Contractor by the Owner for appropriate corrective action and payment of any pending wages. 14.4.3.2.1. Should the Contractor fail to take the necessary action, he will be subject to such civil and criminal proceedings provided by law and regulations. 14.4.3.3. Payment of wages to laborers and employees of the Contractor for their work shall have preference over the payment of other debts of the Contractor, except as otherwise established by law. 14.4.4. If during the term of the Contract, federal minimum wages are increased and said increase is applied to Puerto Rico, or if labor costs and/or fringe benefits are increased by local legislation, the cost of the increase in the Work shall be considered as a Change Order and proven cost increases, including fringe benefits and insurance costs, shall be paid to the Contractor, unless those increases have been legislated, or included as part of a resolution, by either the Commonwealth or Federal Legislative chambers prior to the bid opening date. If after the bid opening date, new local legislation or regulation is imposed which directly increases Contractor's costs of materials or transportation, the Contractor may present a Claim under Article 11.5 for such increases. Such increases in costs must be evidenced and substantiated by the Contractor. 14.4.4.1. If Owner's Representative and Contractor are unable to agree as to entitlement, amount or extent, if any, of any such adjustment under Article 14.4.4, a Claim may be made therefore as provided in Article 11.5. 14.5 Environmental Protection 14.5.1. Contractor shall comply with all Federal, Commonwealth and local environmental laws and regulations. 14.5.1.1. Contractor shall take all necessary precautions to prevent pollution of streams, lakes, ponds, and reservoirs with fuels, oil, bitumen, chemicals, or other harmful materials and to prevent pollution of the 91 UNIFORM GENERAL CONDITIONS FOR PUBLIC WORKS CONTRACTS atmosphere with particulate or gaseous matter. 14.5.2. Unless otherwise approved in writing by the Owner, construction operations in rivers, streams, lakes and other bodies of water shall be restricted to those areas where channel changes are shown on the plans and to those areas which must be entered for the construction of temporary or permanent structures. 14.5.2.1. Rivers, streams, lakes and reservoirs shall be promptly cleared of all false work, piling, debris, or other obstructions placed therein or caused by the construction operations. 14.5.3. Frequent fording of live streams with construction equipment will not be permitted. Temporary bridges or other structures shall be used wherever an appreciable number of stream crossings are necessary. 14.5.3.1. Unless otherwise approved in writing by the Owner, mechanized equipment shall not be operated in live streams except as may be required to construct channel changes and temporary or permanent structures. 14.5.4. Contractor shall comply with all the requirements regarding soil erosion and water pollution control included in the Environmental Quality Board's regulations, the Owner's other standard specifications, the Plans and other Contract Documents. 14.5.5. If the Contractor should encounter or expose during construction operations any abnormal condition, which may indicate the presence of a hazardous and/or toxic waste, the Contractor shall proceed in accordance with Article 4.7. 14.5.5.1. Abnormal conditions shall include, but shall not be limited, to the following, presence of barrels, discolored earth, metal or wood; obnoxious or unusual odors; visible fumes; excessively hot earth; smoke; or any other condition which appears to be a possible indication of hazardous and/or toxic waste. 14.6 Construction Over or Adjacent to Navigable Waters 14.6.1. All Work and related activity, over, on or adjacent to navigable waters shall be conducted so that free navigation of the waterways will not be interfered with and that the existing navigable depths and clearances will not be impaired except as allowed by permit issued by the U.S. Coast Guard and/or the U.S. Army Corps of Engineers, as applicable. 14.7 Traffic Protection Devices 14.7.1. The Contractor, when applicable, shall provide, erect and maintain all necessary advance warning signs, barricades, suitable and sufficient lights, danger signals, signs, and other traffic control devices; shall provide a sufficient number of watchmen and flag persons, and shall take all necessary precautions for the protection of the Work and the safety of the public in accordance with the plans and other Contract Documents. 14.8 Use of Explosives 14.8.1. When the use of explosives is necessary for the prosecution of the Work, the Contractor shall comply with all the Laws and Regulations concerning the use, storage, transporting, handling and detonating of explosives. 14.8.1.1. The Contractor shall exercise the utmost care with the explosives SO as not to endanger life and - 92 - UNIFORM GENERAL CONDITIONS FOR PUBLIC WORKS CONTRACTS property and he shall be responsible for any and all damages that may result from his use of explosives. 14.8.2. Prior to initiating the use of explosives, the Contractor shall submit to the Owner evidence that his comprehensive general liability insurance required under Article 3 provides coverage for the use of explosives and blasting. 14.8.3. Blasting operations shall be conducted under the most careful and experienced supervision. The Contractor shall keep the Owner informed as to his drilling, blasting and demolition operations. 14.8.4. The Contractor shall furnish and erect special signs to wam the public of his blasting operations. 14.8.4.1. Such signs shall be placed at appropriate points within the Project limits, shall be maintained so as to be clearly evident to the public during all critical periods of the blasting operations and, if blasting is by means of electric detonators, shall include a warning statement to have radio transmitters turned off. 14.8.5. The Contractor shall notify each property owner and public utility company having structures in the proximity to the Site and the Work of his intention to use explosives. 14.8.5.1. Such notice shall be given sufficiently in advance to enable the parties being warned to take steps necessary to protect persons and property from injury. 14.9 Protection and Restoration of Property 14.9.1. The Contractor shall be responsible for the preservation of all public and private property, and shall carefully protect from disturbance or damages all land monuments and property marks until the Owner has witnessed or otherwise referenced their location, and shall not move them until directed. 14.9.2 When the Contractor's excavating operations encounter items of archeological interest such as remains of pre-columbine people's dwelling sites or artifacts of historical, paleontological or archeological significance, operations in the vicinity of such findings shall be temporarily discontinued and the Owner notified. 14.9.2.1. The Owner will contact the proper authorities to determine the disposition thereof. 14.9.2.2. When directed by the Owner, the Contractor shall excavate the site in such a manner as to preserve the artifacts encountered and shall remove them for delivery to the custody of the proper authorities. 14.9.2.2.1. Such specialized excavation and time delay costs, if any, will be considered and paid for as Extra Work unless the Owner elects to undertake such recovery work by other means. 14.9.2.2.2. If the Owner elects to perform this work by other means, he shall be responsible to the Contractor for costs associated with delay to the Work, only if said delay affects the critical path. 14.9.3 Contractor shall be responsible for all damages or injury to property of any character during the prosecution of the Work resulting from any act, omission, neglect or misconduct in the Contractor's manner or method of executing the Work, or at any time due to deficient work or materials. The Contractor's responsibility will not be released until the Project has been completed and accepted. 14.9.4 When any direct or indirect damage or injury is caused to public or private property by or on account of an - 93 - UNIFORM GENERAL CONDITIONS FOR PUBLIC WORKS CONTRACTS act, omission, neglect or misconduct in the execution of the work, or as a consequence of the non-execution thereof, by Contractor, such property shall be restored at the Contractor's expense to a condition similar or equal to that existing before such damage or injury was caused by repairing, rebuilding or otherwise restoring the same, or Contractor shall make good such damage or injury in a manner acceptable to owner. 14.9.5 Contractor shall comply with all necessary soil erosion and water pollution control measures, as indicated in the Contract Documents, and shall exercise due care in their implementation, to avoid causing erosion and drainage problems in all areas inside and outside the Project construction limits. 14.10 Forest Protection 14.10.1. In carrying out Work or related activity within or adjacent to Commonwealth or National Forests, the Contractor shall comply with all regulations of the Commonwealth Fire Service, Puerto Rico Department of Agriculture, United States Forest Service or other authority having jurisdiction, governing the protection of forests and the carrying out of Work within forests, and shall observe all sanitary laws and regulations with respect to the performance of work in forest areas. 14.10.1.1. Contractor shall keep all areas affected by construction related activities in an orderly condition, dispose of all refuse, obtain permits for the construction and maintenance of all construction camps, stores, warehouses, residences, latrines, cesspools, septic tanks, and other structures in accordance with the requirements of the agency having jurisdiction of the forest. 14.10.2 The Contractor shall take all reasonable precautions to prevent and suppress forest fires and shall require his employees and subcontractors, both independently and at the request of forest officials, to do all that is reasonably within their power to prevent and suppress and to assist in the prevention and suppressing forest fires. They shall make every possible effort to notify a forest official at the earliest possible moment of the location and extent of any fire seen by them. 14.11 Responsibility for Damage Claims 14.11.1. The Contractor shall indemnify and save harmless the Owner as follows: 14.11.1.1. The Contractor for itself, agents, employees, successors and assigns agrees to save harmless the Owner, its Officers, Agents, Employees and Architect/Engineer from and against any and all claims, demands and/or suits, except as stated below, whether judicial or extra judicial for any cost whatever arising out or related to the execution of the Contract, and it's insurers shall defend the Owner, its Officers, agents, Employees and Architect/Engineer from such claims, demands and/or suits and shall bear all the expenses for such defense contemplated within the coverage limits provided by the Contractor's general liability policy, except where such claims, demands and/or suits are due solely to the negligence of the Owner, its Officers, Agents, employees and negligence, errors and/or omissions of the work performed by the Architect/Engineer. In case that the amount to be paid exceeds the policy amount, then the Contractor shall be responsible for the exceeding amount. 14.12 Contractor's Responsibility for Work 14.12.1. Until the final written acceptance of the Work by the Owner, the Work shall be under the charge and care of the Contractor. He shall take every necessary precaution to protect it from injury or damage to any part thereof by the action of the elements or from any other cause whether arising from the execution or non-execution of the Work. 94 - UNIFORM GENERAL CONDITIONS FOR PUBLIC WORKS CONTRACTS 14.12.2. The Contractor shall rebuild, repair, restore and make good any damages to any portion of the Work occasioned by any of the causes indicated in paragraph 14.12.1, above, before its completion and acceptance, and shall bear the expense thereof, except damages to the Work due to unforeseeable causes beyond the control of and without fault or negligence of the Contractor, including but not restricted to acts of God, such as earthquake, hurricane, tidal wave, major flooding or other cataclysmic phenomenon of nature, acts of the public enemy or of the government. 14.12.3. In case of suspension of Work from any cause whatsoever, the Contractor shall be responsible for the Work under the Contract and shall take such precautions as may be necessary to prevent damage to the Project, provide suitable drainage and erect necessary temporary structures, signs or other facilities. 14.12.3.1. During such period of suspension of work, the Contractor shall properly and continuously maintain in acceptable growing conditions all living material in newly established plantings, seeding, and sodding furnished under his contract, and shall take adequate precautions to protect new tree growth and other important vegetative growth against injury. 14.12.3.2. All costs for the work described above attributable to a suspension by the Owner shall be reimbursed to the Contractor by the Owner. 14.12.3.3. If the temporary suspension of Work is caused by the Contractor, then he will bear the expenses in such event. 14.12.4. When Work is suspended by the Contractor without authorization from the Owner, or is suspended by the Owner due to the fault of the Contractor, the costs of providing the protective measures specified in paragraph 14.12.3, above, during the period of suspension shall be borne by the Contractor. 4 14.13 Emergencies 14.13.1. In any emergency affecting the safety of persons or property, the Contractor shall act at his discretion to prevent damage, injury, or loss. 14.13.1.1. Any additional compensation or extension of time claimed by the Contractor on account of emergency Work shall be determined as provided in Article 11. Additional costs incurred by the Contractor in a case of an emergency need not be authorized by the Owner's Representative when there is insufficient time to seek Owner's authorization. 14.13.2. If an emergency affects the safety of persons or property at the Site or property adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Either the Owner or the Contractor can declare an emergency. 14.13.2.1. Contractor shall give Owner's Representative prompt notice if Contractor believes that any significant changes in the Work or variations from what is provided by the Contract Documents have been caused by the emergency or are required as a result thereof. 14.13.2.1.1. If Owner's Representative determines that an amendment to the Contract Price or Contract Time is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive, a Change Order or an Extra Work Order will be issued. - 95 - UNIFORM GENERAL CONDITIONS FOR PUBLIC WORKS CONTRACTS