9.  Nuisance, Trespass and Noisy Operations

9.1  The Contractor shall take all reasonable precautions to prevent:

9.1.1  trespass on any property;

9.1.2  entry on any part of the Properties not reasonably required at that stage to undertake any of the [Initial Refurbishment] Works; and

9.1.3  or (where not possible to prevent) minimise nuisance, inconvenience or disturbance to any person including the right of quiet enjoyment of the Tenants and the Leaseholders;

caused by the Contractor, or any Contractor Related Party.

9.2  The Contractor shall take all reasonable precautions to prevent any damage to any part of the Properties which is not the subject of the Works and to any Adjoining Property, including public or private roadways, fences, trees, shrubs, paths etc caused by the carrying out of the [Initial Refurbishment] Works on the Dwellings and/or Properties and shall be responsible for any damage resulting from the [Initial Refurbishment] Works.  The Contractor shall make good any damage caused to such items as a result of the [Initial Refurbishment] Works within a reasonable time scale.

9.3  The Contractor shall:

9.3.1  take all reasonable measures to minimise the noise levels produced by its operations on the Properties;

9.3.2  use all reasonable endeavours to ensure that in carrying out the [Initial Refurbishment] Works on the Dwellings and/or Properties:

(a)  mechanical plant where practicable is electrically powered;

(b)  noise from compressors used on the [Project Sites] is minimised, either by using only models fitted with effective exhaust silencers and properly lined and sealed with acoustic covers all to the design of the manufacturers of the compressors, or by the use of effective acoustic screens around the noise;

(c)  ancillary pneumatic percussion tools used on the Dwellings and/or Properties are fitted with silencers of a type recommended by the manufacturers of the tools;

(d)  all compressors, silencers or other contrivance is maintained in good and efficient working order, and shall not have been altered in such a way that the noise caused in operation is made greater by the alteration; and

(e)  it complies with section 72 Control of Pollution Act 1974 part (iii), so as to reduce noise and vibration levels to a minimum at all times, and have regard to BS 5228 - the BSCP for Noise Control on Construction and Demolition Sites and the Noise at Work Regulations 1989;

and any activities or plant which cause excessive vibration shall be identified and the Authority shall be informed prior to commencement of such activity or use of such plant; and

9.3.3  in relation to the following operations:

(a)  use of compressors, generators, pneumatic equipment and power tools;

(b)  drilling/chasing of structure;

(c)  repetitive noise-producing operations such as pile driving;

(d)  demolition/movement of debris; and

(e)  loading, unloading and movement of goods;

where the Contractor foresees that the carrying out of any part of any of these operations by or on behalf of the Contractor for the purpose of the [Initial Refurbishment] Works will be unreasonably noisy or cause excessive vibration, inform Tenants and Leaseholders prior to the commencement of the operation.  If the Authority becomes aware and is reasonably of the opinion that the carrying out of any such operation will result in unreasonable noise which would impact adversely on neighbouring properties then the Contractor shall take all reasonable measures to minimise the level of noise generated from the carrying out of the operation.  The Contractor shall also (where practical to do so) make minor alterations to the programme to lessen the impact and disruption to residents.