IMCO General Construction, Inc. 6/10/2024

provide them proper and safe conditions for such access and advise them of Contractor's Site safety procedures and programs so that they may comply therewith as applicable. 4.4.11. Emergencies In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Owner's Representative prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Owner's Representative determines that a change in the Contract Documents is required be- cause of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 4.4.12. Trench Excavation For all trench excavations that exceed a depth of four feet, the Contractor must use adequate safety systems that meet the requirements of the Washington Industrial Safety and Health Act, chapter 49.17 RCW. 4.4.13 'COVID-19 Requirements The Contractor shall be in compliance at all times with all governmental laws, regulations, requirements, and orders relating to COVID-19 applicable to the Work, including without limitation OSHA, L&I or other safety rules relating to COVID-19 and COVID-19 gubernatorial proclamations and orders. These laws, regulations, requirements, and orders are referred to as "COVID-19 Requirements." Contractor's Bid includes all costs necessary for the duration of the Work for compliance with COVID-19 Requirements. Contractor's Bid takes into account that COVID-19 Requirements may create direct and indirect costs, including inefficiency and delay. Contractor shall have no entitlement to an adjustment or other increase to the Contract Sum for any direct or indirect costs (including without limitation delay, cumulative impact, inefficiency or ripple costs) incurred by the Contractor to comply with COVID-19 Requirements. 4.5. OWNER -CONTRACTOR COORDINATION 4.5.1. Service of Notice Contractor agrees that any Notice, order, direction, request or other communication by the Owner's Representative or Owner to the Contractor shall be deemed received by the Contractor if left at any office used by the Contractor or delivered to any of the Contractor's officers, clerks or employees or posted at the site of the Work or mailed to any post office addressed to the Contractor at the address given in the Contract Documents or mailed to the Contractor's last known place of business. If mailed, any form of communication will be deemed to have been given to and received by the Contractor the day after the day of mailing. 4.5.2. Suggestions to Contractor Nothing in these Contract Documents requires the Owner's Representative to provide the Contractor with direction or advice on how to do the Work, construction practices, or means and methods. If the Owner's Representative approves, suggests or recommends any construction practice, means, method or manner for doing the Work or producing materials, the approval or recommendation shall not: (A) guarantee that following the method or manner will result in compliance with the Contract Documents; (B) relieve the Contractor of any risks or obligations under the Contract Documents; or (C) create any liability by the Owner to the Contractor. Suggestions as to the plans or methods of accomplishing the Work or Contract requirements by the Owner or the Owner's Representative to the Contractor but not specified or required, if adopted or followed by the Contractor in whole or in part, shall be used at the risk and responsibility of the Contractor. The Owner and the Owner's Representative assume no responsibility therefor and in no way Reservoir 3 Replacement Phase 1 Work Order No. UP3739 00 72 00 GENERAL CONDITIONS March 2024