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City of Everett 00 72 00 - 15 <br />Port Gardner Storage Facility – Facility Construction Package WO# UP-3525 <br /> <br /> <br />00 72 00 - 15 GENERAL CONDITIONS <br />4.4.8. Safety Standards <br />The Contractor shall comply with Section 107 of the Contract Work Hours and Safety Standards Act (40 <br />U.S.C. 327-330) as supplemented by Department of Labor Regulations (29 CFR, Part 5). Under this <br />section, the Contractor shall not require any laborer or mechanic to work in surroundings or under <br />working conditions that are unsanitary, hazardous, or dangerous to its health and safety as determined <br />under construction, safety, and health standards promulgated by the Secretary of Labor. These <br />requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the <br />open market, or contracts for transportation or transmission of intelligence. <br />4.4.9. Public Safety and Convenience <br />The Contractor shall conduct its work so as to ensure the least possible obstruction to Traffic and <br />inconvenience to the general public, business, organizations and residents in the vicinity of the Work and <br />to reasonably protect persons and property. No roads or street shall be closed to the public except with <br />the permission of the Owner's Representative and the proper governmental authority. Fire hydrants on or <br />adjacent to the Work shall be accessible to fire fighting Equipment. Temporary provisions shall be made <br />by the Contractor for the use of sidewalks, private and public driveways and proper functioning of gutters, <br />sewer inlets, drainage ditches and culverts, irrigation ditches and natural water courses. <br />4.4.10. Access to Work <br />Owner, Owner’s Representative, their consultants and other representatives and personnel of Owner, <br />independent testing laboratories, and governmental agencies with jurisdictional interests will have access <br />to the Site and the Work at reasonable times for their observation, inspecting, and testing. Contractor shall <br />provide them proper and safe conditions for such access and advise them of Contractor’s Site safety <br />procedures and programs so that they may comply therewith as applicable. <br />4.4.11. Emergencies <br />In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent <br />thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give <br />Owner’s Representative prompt written notice if Contractor believes that any significant changes in the <br />Work or variations from the Contract Documents have been caused thereby or are required as a result <br />thereof. If Owner’s Representative determines that a change in the Contract Documents is required be- <br />cause of the action taken by Contractor in response to such an emergency, a Work Change Directive or <br />Change Order will be issued. <br />4.4.12. Trench Excavation <br />For all trench excavations that exceed a depth of four feet, the Contractor must use adequate safety <br />systems that meet the requirements of the Washington Industrial Safety and Health Act, chapter 49.17 <br />RCW. <br />4.5. OWNER-CONTRACTOR COORDINATION <br />4.5.1. Service of Notice <br />Contractor agrees that any Notice, order, direction, request or other communication by the Owner’s <br />Representative or Owner to the Contractor shall be deemed received by the Contractor if left at any office <br />used by the Contractor or delivered to any of the Contractor’s officers, clerks or employees or posted at <br />the site of the Work or mailed to any post office addressed to the Contractor at the address given in the <br />Contract Documents or mailed to the Contractor's last known place of business. If mailed, any form of <br />communication will be deemed to have been given to and received by the Contractor the day after the day <br />of mailing.