Site Specific Safety and Health Program

#1932 212 Stuart St. Residences

212-222 Stuart St.Boston, Massachusetts 02116

 

 

Emergency Response Plan

Consigli Project # 1932

ALL EMERGENCIES SHOULD BE REPORTED BY CALLING 911

SITE INFORMATION

This Emergency Response Plan (E.R.P.) is specifically developed for Consigli Construction work associated with the 212-221 Stuart street

SITE LOCATION

The construction site is located 212-222 Stuart Street. The location for the project field office will be a located within the Park Plaza hotel. When determined, the field office will become the Emergency Operations Center (EOC).

EMERGENCY TYPE

The following situations are considered emergency response actions and should be handled in accordance with the procedures outlined in this plan.

• Serious Injury/Fatalities
• Fire/Explosion
• Structural Damage/Collapse
• Weather or Geological Event Classified as an Act of God
• Environmental Incident
• Traffic Disruption
• Utility Damage
• Illegal Activity
• Bomb Threats/Military Ordinance Unearthing
• Acts of Terrorism

When reporting an emergency, please provide the following:

• Your location, phone number, and name;

• The location of the incident (building name, floor and room number);

• Nature and extent of the incident (injury, accident, spill, smoke/fire, damage, etc.);

• The safest route to the incident

Crisis Response Protocol:

• Attend to the injured
• Immediately contact Dan Della-Giustina (508) 686-6008
• Post person at front gate, only allow access to emergency responders
• Record names/addresses of witnesses
• Do not allow media on site
• Refer all media inquiries to home office (See “Crisis Response Cards”)

A Consigli designated individual shall wait at the building site entrance to escort Emergency Services personnel as they arrive.

The following is a list of the Chain of Command/Call Hierarchy on the project for establishing lines of succession during communication involving all emergencies.

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Emergency Contact Names and Numbers

1. First call:  911

2. CCC  Superintendent Kris Olsen (617)590-5166

3. CCC Project Manager: Brent Keyser  (774)217-8904

4. CCC General Superintendent: Gabe Mater (774)573-4892

5. CCC PX: Jim Hervol  (774)573-2747

6. Corporate Safety: Bryan Kingsbury (508)808-9359

7. Safety Manager: Colin Jette (508)686-6205

City of Boston

Boston Police Department: Non-Emergency (617)343-4200

State Police: South West Corridor: Non-Emergency (617)727-6781

Boston Fire Department: Non-Emergency (617)343-3415

National Grid Gas (800)572-9300

Eversource Electric (800)592-2000

Telephone-Verizon-(local) (800)870-9999

Greystar

OPM: Rob Eckert (508)934-9556

                                          

Back– End of Emergency Contact Names and Numbers

 

 

Medical Facilities

OccMed (Dr. Burress) (617)367-5002

10 Hawthorne Pl. Boston, MA 02114

Tufts Medical Center (617)636-5000

800 Washington St, Boston, MA 02111

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Site Safety Plan

Project Specific Loss Exposures and Controls

Scope of Proposed Operations: This project will be under a Contractor controlled insurance program. Please see Exhibit J attached to this Safety and Health plan. Along with Exhibit J; Code Reds NFPA 241 plan, and the RAM plan will also be attached.

The proposed 212 Stuart Street Residences project is located on an 8,800 square-foot parcel of land in the Bay Village neighborhood of Boston. The Project site is lined to the west by the Church Street plaza, a pedestrian thoroughfare, and beyond by the residential South Cove Plaza, which contains two mid-rise brick and masonry towers, composed of one- and two-bedroom apartments restricted to elderly and disabled households. The limestone and concrete Motor Mart parking garage is located to the North across Stuart Street. The site shares a property line with the pre-cast concrete Revere Hotel and above-grade parking garage to the east. A series of brick townhomes face the Project site across Shawmut street to the south.

This residential project includes the construction of a new 22-story cast-in-pace concrete building containing approximately 128 residential units with a mix of studios, one-bedroom, and two-bedroom apartments.  The total overall project square footage is approximately 146,000 square-feet with ground floor entry lobby and basement back of house spaces.  The foundation excavation will be approximately 20’ below existing grade and will supported by sheet piles, whalers, and internal cross lot bracing.  The building structure is composed of a cast in place concrete with a glass window wall and a precast concrete facade.  The proposed project roof is to be projected to be constructed of concrete construction with a half-floor mechanical penthouse integrated into the design of the north elevation. Adjacent to the mechanical penthouse on the southern side of the roof will be an outdoor amenity deck for use by the residents of the building. This space will be designed to be desirable to a diverse range of residents and will be a dedicated area for social gathering and relaxation. The southern exposure will allow for a variety of plants and other features that will make the space attractive and comfortable. The Project includes many important features that were also included in the previously proposed project, including:

The overall duration of this project is approximately 26 months

Purpose: The purpose of this Site-Specific Safety and Health Program is to illustrate Consigli’s approach to identifying project specific hazards and controls and how said risk is managed through a comprehensive Safety and Health Program.

S.A.F.E.: Staying Accident Free Every Day is the Safety Mission that forms the very foundation of the Consigli Safety Culture.  The S.A.F.E.  mission, which is supported by technology, (Predictive Solutions internal auditing instrument  which identifies and defines leading indicator related information); Leadership (Empowering our team members to assure safe projects); Humanization (Protect the ones you love by protecting yourself); Jobsite Gym (Morning warm-ups, stretch and flex); Training (Integrating sub-contractors into the Consigli Safety Culture); and Lean (nothing hit the ground), is the driving force behind Consigli’ s drive to our vision – ZERO.  ZERO is the philosophy that all accidents are preventable, and that no accident is acceptable.  The S.A.F.E. mission is the guiding force to achieving the Consigli Safety Vision which is ZERO.

Post Incident Review: Any incident that results in a recordable injury will require a post incident review. The worker who was injured along with their foreman/Safety Personnel/PM/Sup/etc. will need to fill out Appendix section R (Superintendent Report) and attend this meeting.  At this meeting they will re-emphasize their commitment to safety, determine chronology of events, identify contributing factors, identify root cause, provide improvement plan to prevent reoccurrence and discuss disciplinary actions taken (if any). Findings from this meeting will be shared/disseminated with all contractors on site to prevent reoccurrence.

Substance Abuse: As a condition of employment, ALL PERSONNELL on this project are required to submit to a urinalysis test for determination of the presence of illegal substances.  A positive result will disqualify the applicant for employment on this project.  (See substance abuse testing program at the end of this document)

IAQ (indoor air quality): This project is all new construction so an IAQ will not be necessary. If tenants occupy the building before construction complete and IAQ may be utilized.

If this is the case, the air will be tested for typical indicators such as but not limited to temperature, relative humidity, carbon monoxide, carbon dioxide, dust particulates and VOC’s (volatile organic compounds). Monitoring (frequency/duration) will be done in accordance with a written IAQ plan provided by a Certified Industrial Hygienist. This plan will ensure that adjoining areas have not been contaminated during abatement, demolition, and construction. Fire rated 6 mil poly barriers will be set up between any work areas and occupied spaces prior to the start of any work. Negative air machines will also be used to create a negative air flow from the occupied space to ensure that no dust and debris enter an occupied area. All equipment used on the inside to the building will be equipped with a scrubber or be of tier 4 type. Constant Co monitoring will be required if combustible engine is operated indoors.  Negative air machines will also be used to create a negative air flow into the workspace to ensure that no dust and debris enter non-construction areas. Kleen sweep will always be used  whenever sweeping is required. HEPA Vacs will be the only type vacuums allowed on site. Engineering controls will be taken to eliminate dust on site.

** Please review chapter 29 for additional details **

Identify the specific route in and out of the construction site (Approved CMP):

(Please see full Approved CMP for more details)

For this project all deliveries and waste removal shall enter using designated access point and be coordinated with the general contractor. Also, only permitted truck routes will be used, all contractors will be responsible for adhering to truck routes and restrictions plan which will be made available to all sub-contractors.

Personnel Protective Equipment (PPE):  All workers will wear hard hats, safety glasses, and hi-vis clothing/vests at all times. All personnel performing work with their hands shall be required to wear gloves that are appropriate to the task and with the proper cut resistance. A minimum of ANSI level 5 Cut resistance will be required at all times. When not performing actual work with their hand’s workers will be required to have them available for immediate use. Face shields will be required for all personnel who are performing overhead work, using metal chop saw or any type of metal grinding.  All welders will be required to have hard hats with integral welding shields.

Designated work hours (any work outside these hours must have prior CCC approval):  All material host related work shall take place during regular business hours of, Monday – Friday 7:00am to 3:30pm.  Any work which may need to take place outside of these hours will need to be approved by the CCC Superintendent. All deliveries must be coordinated with the CCC superintendent with at least 48 hours notice.

Emergency Management Response: In the event of an Emergency the construction workers shall leave the building immediately. Point of assembly/muster shall be located on Tamworth street. In the Event of a DISASTER, the Superintendent or Safety director shall instruct the construction workers to leave the site or remain in place and await further instruction.  The following steps should be taken in the event of an emergency

When reporting an emergency, please provide the following:

• Your location (212 Stuart street), phone number, and name;

• The location of the incident (floor and room number);

• Nature and extent of the incident (injury, accident, spill, smoke/fire, damage, etc.);

• The name and amount of the material spilled (if applicable); and

• The safest route to the spill (if applicable).

** Please review chapter 8 for additional details.  

Pretask Plans: A JSA shall be conducted for each work task to be performed on a weekly basis.  JSA’s shall be reviewed initially with all involved personnel performing that particular task, signed by all workers including their supervisor and filed on site. Tool box talk meetings will also be required to be done on a weekly basis and handed into Consigli.

Excavations: The foundation excavation will be approximately 20’ deep +/- and will supported by soldier piles/lagging.  Access will be provided via stair towers (once subgrade elevation/mud mat is established).  Before any work is started, Dig-Safe will be notified for location of all and any utilities that come through or are located on site.  The site contractor will assure that all utilities that enter site are cut and capped prior to any excavation activities.   All required permitting will be obtained before any excavating is to begin, tabulated data/engineering for shoring and shielding systems will be on site at all times when in use. Written excavation inspections will be done daily.

            1. Dig Safe Notification.

            2. City/town (dpw or town hall) or campus permits requirements if needed.

            3.  Jackie’s law permitting has been obtained.

            4.  All road plates the will be in pedestrian walkways will be slip resistant.

Demolition: There is existing power for the parking lot shack that will be disconnected by Eversource prior to demolition and excavation. Prior to the start of demo operations, the contractor performing demo will confirm, in writing that all utilities leading into the area have been made safe.  The electrician will disconnect and lock out all electrical, the plumber will do the same with any plumbing lines, and the HVAC subcontractor will do the same on the HVAC piping and duct work.  Lock out tag out will be reviewed during the pre-construction safety meetings to assure disconnect and responsibility for protection of existing utilities is safe for any construction activities to commence. In spaces where some electrical or mechanical must remain live, a color coding system will be utilized for easy identification of live utilities that must stay active and utilities that must be removed.  Any and all utilities spray painted Red are not to be touched and or need to be protected during all operations. Utilities spray painted Green are to be removed as part of the selective demolition process only after lock-out/tag-out has been confirmed and utilities tested.  If any utilities are unmarked, they shall be considered live.  The demo contractor will be responsible for completing CCC demo checklist prior to the start of any work in their target areas. During demolition and construction activities all personnel will wear all required protective equipment.  Engineering controls will be used for any activity which may create dust.

Fall Protection: All workers exposed to a fall of 6′ or greater shall be protected by guardrails safety nets or personnel fall arrest systems.  This include, but is not limited to, steel erection, roofing, scaffold erection and dismantling, overhand brick laying and pre-cast concrete related work. Wire guardrails will be used for all perimeter and shaft protection.  Holes greater than 2” will be covered with acceptable material (3/4 plywood ½ steel) which will be secured and marked hole (cover must be able to withstand four times the intended load).  Covers will stay in place until the hole/penetration has been filled.  Building perimeters will be protected with some form of fall protection if fall is greater them 6 feet. Cable guard rail system (if used) with turnbuckles to be installed for all straight runs and any straight run over 100 feet.  Holes greater than 2” will be covered with acceptable material (3/4 plywood ½ steel) which will be secured and marked hole (cover must be able to withstand four times the intended load).  Covers will stay in place until the hole/penetration has been filled. At no time are cross braces on scaffold allowed to be used as fall protection. The use of safety Monitors is prohibited.

Work on Ladders: All work on step ladders/straight ladders will be done correctly per manufacturer’s recommendations.  Any worker who is exposed to a fall greater than the height of their work on the ladder will be required to tie off.  Step ladders will not be used as a form of access to a walking /working level, also all straight ladders will be tied of when installed for use. Only ladders with a rating Type 1A or 1AA will be allowed on Consigli projects.

Roof Work:  Before any work is to begin on the roof it must be determined what sections of the roof will be worked on. A method of fall protection will be implemented at that time. (100% tie off, guard rails, flagging etc. the use of safety monitors is not allowed) Holes greater than 2” will be covered with acceptable material (3/4 plywood ½ steel) which will be secured and marked hole (cover must be able to withstand four times the intended load).  Covers will stay in place until the hole/penetration has been filled with duct or Pipe riser which extends above the deck.

 Scaffold and elevated work platforms/Material Hoist:  All scaffolds/material hoist supported frame, pipe staging and baker staging will be inspected daily before each shift by a competent person designated by each individual contractor who will be using it. It will be documented on Inspection tags located at the stair tower/access point to each section. if installed a scaffold/material hoist inspection checklist will be completed prior to the beginning of each shift and filed in the site office.  This will be completed by the designated person from each individual contractor. They must complete an inspection every day the scaffold/material hoist is used by his/her employees.  A scaffold inspection guide will be provided to each designated person (upon request) by Consigli Construction to aid them with their inspection. All contractors who will erect scaffolds will provide CCC with certification/Qualification of scaffold erection training as well as an erection/dismantling plan.  Fall protection is required 100% during erection/dismantling. Peery bakers are not allowed on this site. Overhead protection will be provided for all access points to any buildings located under any form of scaffolding/material hoist.

Aerial Lifts/Scissor lifts:  Area and ground conditions in the intended work area will be inspected for overhead power lines underground structures/sink holes, covers or any other unsafe condition which cause an unsafe incident.  Aerial lift platforms/scissor lifts will be inspected daily before each shift by a competent person designated by each individual contractor who will be using it, which will be documented on Inspection tags for each individual piece which will be filed in the site office. All contractors who will be performing work from an aerial lift will show documented proof of training for all workers who will be using the lift.  Steel plates or equipment mats will be placed on the ground above any utility/ steam tunnel/underground vault if there will be Aerial lifts operating on them. Workers will be tied off at all times when using an aerial lift!!

Global Harmonization:  All Materials and chemicals used on-site will have SDS provided before being brought onsite.

• SDS sheets on file in Consigli Construction’s Site Safety Plan
• SDS sheets shall be readily accessible.

Fire Protection: A temp stand pipe will be run through the core of the building and pressurized per conditions set forth by Code Red who has been hired as the consultant to write the project’s “Fire Protection Plan”.  The project will also utilize a temp fire alarm system with pull stations and AV devices located at the stairwells.  This plan will be incorporated into the SSSP. The hot work permit program will be implemented for all hot work to be conducted on the project on a daily basis.  This will be coordinated through the CCC as well as Fire Department (if needed).   All hot work will stop one hour before the regular end of the day work stoppage.  20lb extinguishers of ABC rating will be positioned accordingly through the project.  Flammables will not be stored inside the building or left overnight on the scaffold.  All combustible or flammable materials will be stored in an appropriately rated lockable cabinet located no closer than 50 feet from the nearest structure. Fire department access will be maintained and kept open for emergency responders. Workers will comply with NFPA 241 fire protection plan and NFPA hot work permit requirements at all times.

Electrical: The electrician will be responsible for all temp power and any temp lighting that may be needed.  They will coordinate all lock out tag out procedures with the buildings facility’s department to make safe the work area before demolitions begins.  There are no overhead power lines in any of the intended work areas. All electrical tools, cords and equipment must be in good working order. To that end, all electrical tools and components must be visually checked on a daily basis.  Any tools with damaged cords or damaged cords must be taken out service immediately. All cords must be equipped with a ground pin, flat three wire cords are not allowed. SJO and SJT or other similarly rated cords only shall be used.  Cords must be 12 gauge or better.  The electrician will be responsible for all temp power and any general temp lighting that may be needed.  Subcontractors will be responsible for task lighting in the event that lighting above the OSHA standard is required for a particular work task.  The electrician will coordinate all lock out tag out procedures. All temporary power for the project will be installed on protected and dedicated circuits with 100% GFCI protection.  GFCI will be tested by the electric contractor to assure proper function with a log book filed with CCC monthly.  No live electrical work will be conducted.

Crane : This project will be utilizing a Potain MR405 tower crane which will be located in the adjacent lot, northeast of the building.  All lifting operations will require that the operator and any involved contractors follow the steps listed below as well as in CCC Crane Safety policy

 1.Need to assure an assembly/disassembly director for the tower crane erection and dismantling. The director must be competent and qualified to direct both assembly and disassembly.

2.All Hoisting equipment will have an up to date 3rd party inspection certificate with the equipment which will be copied and filed in the office trailer.

3. All lattice boom cranes will have an independent 3^rd party inspection completed each time one is set up on the project.

4. All workers working with the crane shall have all appropriate signalmen/rigging qualifications.

5. All equipment operators will be required to have in their possession all appropriate licensing and training as required by OSHA and the State of Mass.

6. NCCCO certification will be required for all crane operators who will be operated on site along with an evaluation letter provided by the owner for the operator and the crane to be used on site.

7. All underground vaults and existing utilities will be marked before any excavation can begin as well as before any crane is set up.

8. Cribbing for outriggers shall be at minimum 3X the area width of outrigger floater. (Cranes only)

9. Operators must also be certified by their company to operate the specific crane that will be on site.

Confined Space:  A written plan will be needed to work in any tanks/vaults and crawl spaces during this project which have been designated permit confined spaces by CCC, this plan must include air monitoring.

** Please review chapter 21 for additional details. **  

Designated First Aid Plan: All injuries must be reported to Consigli Site Safety Manager, regardless of severity.  CCC will then report all injuries to the Consigli Safety Director and Claims Manager.  A fully stocked first aid kit and blood borne pathogens kit shall be maintained on the project site.  Only properly trained personnel will administer first aid.  A list of first aid trained personnel shall be posted in the office.

** Please review chapter 1 and 27 for additional details. ** 

Steel Erection: None anticipated, however because this is a cast in place concrete structure, all workers working above 6ft must be protected from fall hazards by utilizing PFAS, guardrails, or wire rope guard rails. Any subcontractor associated with the structural steel erection will comply with the following. Provide proof of training of subpart R training as well as fall protection training for all workers will be required before start.  Consigli will release documentation when column footings reach 75% of breaking strength.  Once this has been achieved, CCC will furnish to the steel erector the “approval to begin steel erection form”. 

The steel erection sub will be required to submit a detailed erection sequencing plan that illustrates crane locations and capacity of cranes at those locations.  Fall protection will be determined for connectors after pre-construction meeting with sub is held.  Fall protection will be required at 6’, at all times during steel erection

Once decking is complete and all required fall protection is installed, CCC will walk the area with the steel erection subcontractor.  Provided all required elements of fall protection are in place, CCC will complete and give a copy of the “custody of fall protection” form to the steel erection subcontractor.  Maintenance and overall responsibility of the fall protection system will fall to CCC.

Materials Management:

Materials management, getting materials into and out of the project, will be a challenge that needs to be adequately planned. An Activity Hazard Analyses shall be done on all materials that will be removed and lowered during demolition.

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Environmental Emergency Contact and Management Response

 Environmental Consultant

Consigli’s Identified Emergency Response Subcontractor;

Name: Cyn Environmental Services, Inc. (781)341-1777

100 Tosca Drive Stoughton, MA  02072. 

Review of any soils reports shall be conducted before excavation operations start. An initial soil pre-characterization was performed by Haley and Aldrich for this site. Please refer to this document for more information on the initial soil testing. The soil pre-characterization determined that lead, arsenic, and PCBs and was present in the soil which will require a RAM plan to be established and submitted to the DEP prior to excavating starting.  Appropriate dust control monitoring will also be required. Workers involved in excavation work will need to have lead awareness training prior to starting. Haley & Aldrich plans to conduct additional soil sampling during the site pre-clearing activities to be conducted by Welch. Additional testing requirements typically vary depending upon the receiving facilities proposed by the Contractor, and the Contractor needs to communicate these requirements to the Owner’s LSP.  Haley & Aldrich will conduct this testing after the requirements are communicated by the Contractor. Subcontractors must conduct exposure assessments for personnel that will be working in or near the contaminated soils.

Once the RAM plan is submitted it will be a separate tab within this site specific safety manual. 

Lead Paint: All paint located on the small existing structure exterior/interior will be classified as containing lead. Consigli workers may need to disturb this paint by drilling, sawing, demo, fastening, or carpentry. In doing so they will use saws, drills, screw guns, impact wrenches, sawzalls, hand wrenches, ads, crowbars, hammers, and other hand tools.  Consigli Construction does posses historical data to show that drilling, sawing, light demo, installation of hangers, hanging sheetrock, fastening, and carpentry do not put the employee above the action level. Despite this additional monitoring will be done. An exposure assessment will be done for any task on painted surfaces prior to the work taking place. This does not mean that lead could not still be found in/on other surface/areas, caution must be used when working and if any workers identify any potentially hazardous substances then they should stop and notify their supervisor immediately.  If at any time workers will need to work on the areas mentioned above, they will need to obtain Lead Awareness training.

 Dust Management

• National Primary Ambient Air Quality Standard as promulgated by the US Environmental Protection Agency and as referenced by the MassDEP, the acceptable limit for the project for fugitive dust concentration at the perimeter is considered to be a maximum 24-hour time weighted average (TWA) permissible concentration of 150 micrograms per cubic meter (µg/m3) and a real time 2-hour average of 200 µg/m3.  Perimeter dust monitoring will be required to comply with the National Primary Ambient Air Quality Standard and the MassDEP/MCP requirements.

Asbestos: IT IS THE RESPONSIBILITY OF ALL SUBCONTRACTOR FOREMEN TO REVIEW THE HAZARDOUS MATERIAL REPORT WITH THEIR WORKERS.  A copy of the hazardous Material report will be on site at all times and available to anyone request it. This does not mean that asbestos could not still be found in other areas.  Caution must be used when working and if any workers identify any potentially hazardous substances, then they should stop and notify their supervisor immediately, who in turn, will notify the CCC Superintendent. 

Asbestos has been found in locations involving Various roofing material. The complete table and “List of Asbestos-Containing Materials, Quantities, and Locations” can be found with the hazardous material report.  This list and complete Hazardous Materials Report will be available on site all times.   If at any time a worker come across a material, he/she cannot confirm as asbestos free or was previously hidden behind a wall they shall notify their supervisor immediately.  All asbestos containing material will be fully removed by a licensed and regulate contractor under an asbestos removal plan which must be submitted and approved, all abatement work will be completed by a licensed Asbestos abatement contractor. All disposals will be done in compliance with State and Federal Regulations. Any worker who discovers any suspect material which cannot be confirmed as non-asbestos containing based on the Hazardous Materials Report shall immediately notify CCC superintendent who will then secure the area (if needed) and have the suspect material tested and treated as needed.  Clearances will be provided to Consigli by WHCC Industrial hygienist prior to any workers entering the area.                                                                                    

Polychlorinated Biphenyl’s (PCBs):  Hazardous Materials report has been prepared by the building owner and is available for review at any time. Based on SWA observations as well as information provided by the owner, no materials or substrates being impacted within the project work area are considered to be suspect for PCBs. At no time shall a worker disturb any material he/she can not readily identify.  If they come across a material he/she cannot confirm as PCB free, they shall notify their supervisor immediately. If PCB’s are found in existing finishes which test for more than 50 ppm will be considered PCB containing material and will be disposed of in accordance with all local, state and federal regulations.

Light ballast may be found to contain PCB’s, All PCB containing material shall be removed and disposed of in accordance with all local, state (MEMEP Special waste management rules 06-096-CMR 400) and federal regulations and be coordinated with WHCC

A hand wash station will be established and maintained for the project duration

Mercury:  All fluorescent lamps/thermostats are presumed to contain mercury vapor, which is a hazardous substance. Mercury-containing lamps associated with fluorescent light fixtures in areas designated to be renovated will be treated accordingly.  All florescent bulbs removed during renovation will be collected, stored properly on site and giving to WHCC so as to be recycled or disposed of properly.

Freon/Glycol: All Freon/Glycol materials will be removed from equipment and stored per manufacturer’s recommendations before it is disturbed.  All workers who will be working with the above-mentioned materials must provide CCC with certifications or qualifications.  If not re-used, a disposal manifest will be provided to CCC.

Silica: Any activity which can produce silica dust will use engineering controls to keep dust to a minimum.  There will be no dry cutting of any masonry material allowed; if water can not be used then a dustless vacuum system consisting of a HEPA dustless vacuum system will be used in conjunction with an exposure assessment if table 1 cannot be complied with. Prior to the project going full scale an exposure assessment of a worker grinding ,demolition and cutting masonry while using HEPA system will be done so as to establish the silica exposure level if water cannot be used to eliminate or table 1 complied with.  No respirators will be issued to CCC workers without the express consent of the Consigli Safety department.  Nuisance mask like an N95 if used will be on a voluntary basis and at no time will these types of mask be issued to the workers. Any activity which can produce silica dust will use engineering controls to keep dust to a minimum.  A written exposure plan must be developed for all silica producing tasks that clearly defines the following:

1) A description of the tasks in the workplace that involve exposure to respirable crystalline silica.

2) A description of the engineering controls, work practices, and respiratory protection used to limit employee exposure to respirable crystalline silica for each task.

3) A description of the housekeeping measures used to limit employee exposure to respirable crystalline silica.

4) A description of the procedures used to restrict access to work areas, when necessary, to minimize the number of employees exposed to respirable crystalline silica and their level of exposure, including exposures generated by other employers.

Mold: Mold issues are not anticipated to be prevalent on this project, however if mold is discovered Consigli’s mold remediation policy will be implemented and followed.

Noise:  Noise exposure will also be a concern, so all deliveries must be coordinated with CCC Superintendent to limit their impact on the surrounding areas.  Normal working hours will be between 7am and 5pm; any contractor who may need to work late must first seek approval from the CCC Superintendent. Interior work will take place between 7pm -3am. Noise levels will be monitored if high levels of noise are found to exist or could be expected to assure that noise levels do not exceed acceptable OSHA levels.  Consigli permissible noise policy and procedures will be followed.

Equipment issues: All operators will be required to have in their possession all appropriate licensing and training as required by OSHA and the State of Mass.  All safety devices and warning alarms must be in good working order and all leaks are to be repaired immediately.  All equipment will be used in accordance with the manufacturer’s recommendations for safe usage and have its operator’s manual as well as an extinguisher with it at all times.

Exposure to the Visitors, Staff and Students: During all phases of this project the building will be unoccupied.  Access will be limited to the areas of the building in which work is taking place. Some areas of project will be opened for construction at different times; this plan must be followed by all workers.  Any means of access/emergency egress leading to or from the building which finds itself under any type of work will be provided with overhead protection.  At no time is any worker allowed to enter any of the buildings in which they are not scheduled to work in…  Non-fraternization with staff, visitors or students will be stressed with all subcontractor personnel during orientations. 

Adjacent Property: All steps will be taken to limit the effects of the project on the surrounding community.  Special attention will be paid to the access point of each building so as not to impede access.  An approved BTD Construction Management Plan is available upon request.

Exposure to Street Traffic: All deliveries will be made at a designated location unless otherwise directed by Superintendent.  Their will be exposure to live vehicular traffic and police details will be used when required. All speed limits will be obeyed, and deliveries will be made as to not coincide with other scheduled deliveries. All traffic control signage (if needed) will meet CCC and town requirements before being installed.  Coordination with CCC as well as its police will be required when any equipment will be set up/used in the street/parking lot. Fire department access will be maintained and kept open for emergency responders.

Utility Exposures: All utilities entering the site will be marked prior to the start of demolition. Written notification of this work will be provided to CCC prior to commencement of Demolition work. 

Planning: The project team as well as CCC safety department will meet with each subcontractor, before they start to review their Site-Specific Safety and Health Program and all project specific Job Hazard Analyses. The project team shall be an integrated mix of owner, architect, engineer and Consigli Construction personnel.  If, after reviewing programs and meeting with the individual subcontractor, the team is satisfied with the risk control direction, they will be permitted to begin work. 

Additional Controls: Prior to stat of any work, all personnel involved in the project, including project managers must be:

1. Trained and orientated by Consigli Construction.  Stickers will be issued and displayed on hard hats

2. All workers will provide Consigli with an OSHA 10 card.

3. All worker will complete mandatory drug screening.

The SDS sheets associated with any hazardous substances to be used will be maintained by the superintendent in a marked three ring binder.

Site Safety Meetings will take place at the beginning of the project and at least once every week thereafter. These meetings will consist of toolbox talks with Consigli Construction Co., Inc. personnel on site. Sub-contractors will be responsible for their own safety meetings. Superintendent will complete a daily site safety walk to identify and correct potential hazards.

All emergency telephone numbers will be posted in the superintendent’s office and throughout the site.

Safety Spot Recognition Plan:  The purpose of this plan is to instantly recognize workers “on the spot” for working safely and to reward those workers immediately. This will assist CCC reduce the complacency of workers on all projects. Members from the CCC and owner project team (Supers, PM, APM, PE,OPM, Architect, Owners, etc..) will be provided with 5$ Dunkin Donut gift cards prior to their walk on site. They are to present these cards to workers who are working safely and or those taking additional steps to work safely. After issuing the card, the name and hard hat sticker number of the worker as well as a brief description of what they were doing will be documented in a log that will be maintained in the field office. This shall be completed at a minimum of twice a week. It is required that different field staff take turns in issuing the cards to workers in the field. Also required will be the communication of who is be recognized to other sub-contractors/workers through foreman meetings and daily stand up’s. at the end of the project the sub-contractor who has had the most workers recognized will receive an appropriate acknowledgment from CCC as well as some type of reward that is to be determined by CCC field staff.

Management: Program implementation and management will be measured in Predictive Solutions Monthly Management Audit. Loss related exposures will involve, cuts, scrapes, and strains related to window and roof material installations.  Controls will involve use of gloves and materials handling equipment.  Fall protection related hazards will be limited to working on roofs, scaffold, window openings, aerial lifts and access upper elevations.  This will be controlled through use of well-maintained and inspected PFAS, scaffolding and ladders as well as training on proper Aerial lift use. 

Fraternization between construction employees and project owners, staff, or visitors will not be permitted.  Loud and profane language or clothing with offensive language will not be allowed on the jobsite. Extra efforts must be made to keep noise to a minimum.

Loss Exposures and Controls: Loss related exposures will involve, cuts, scrapes, and strains.  Controls will involve use of gloves and materials handling equipment.  Fall protection related hazards will be limited to working on roofs, scaffold, window openings, aerial lifts and access upper elevations.  This will be controlled through use of well maintained and inspected PFAS, scaffolding and ladders as well as training on proper Aerial lift use. 

Fraternization between construction employees and project owners, staff, visitors or public will not be permitted.  Loud and profane language or clothing with offensive language will not be allowed on the jobsite. Extra efforts must be made to keep noise to a minimum.

EXHIBIT “J” TO CONSIGLI CONSTRUCTION CO., INC. MASTER SUBCONTRACT AGREEMENT CONTRACTOR CONTROLLED INSURANCE PROGRAM

1.1  Overview:  Consigli Construction Co., Inc. (“Consigli” or “Contractor”) has arranged for the 212-222 Stuart St (Project”) to be insured under the Consigli Contractor Controlled Insurance Program (hereinafter “CCIP”).  Alliant Insurance Services, Inc. (the “CCIP Administrator”) is the Administrator for this CCIP.  The CCIP is more fully described in the “Insurance Manual” for the Project.   The CCIP will provide to Enrolled Parties (as defined below) Workers’ Compensation and Employer’s Liability insurance, Commercial General Liability insurance, and Excess Umbrella Liability insurance (the “CCIP Coverages”) in connection with the performance of the Work at the Project jobsite.  The terms and conditions of this Exhibit “J” and the Insurance Manual are hereby incorporated into and become part of the Subcontract Agreement between Consigli and Subcontractor.  The terms of this Exhibit “J” and the Insurance Manual shall supersede Article 3, Sections A through J, with respect to Subcontractor insurance requirements. 

 1.2  Enrolled Parties and Their Insurance Obligations:  The CCIP Coverages shall cover Enrolled Parties.  Enrolled Parties are those parties performing labor or services at the jobsite, who are eligible to enroll in the CCIP and who have been enrolled in the CCIP as evidenced by a written confirmation and certificate of insurance issued by the CCIP Administrator.  Enrolled Parties shall also include the Contractor, the Owner, the CCIP Administrator, and such other persons or entities as Contractor may designate at its sole discretion.  Each party insured under the CCIP is an “Enrolled Party.”

All Subcontractors who are Enrolled Parties shall obtain, maintain and shall require each of their Subcontractors of any tier to obtain and maintain, the additional insurance coverage specified in Section 1.9, below, and in the Insurance Manual.

 1.3 Excluded Parties and Their Insurance Obligations:  The CCIP Coverages do not provide coverage to “Excluded Parties.”  Excluded Parties are:

 (a) Hazardous materials remediation contractors, removal and/or transport companies and their consultants; (b) Any subcontractor performing structural demolition;  (c) Architects, surveyors, engineers, soil testing engineers, and their consultants;  (d) Vendors, suppliers, fabricators, material dealers, truckers, haulers, drivers and others who merely transport, pick up, deliver, or carry materials, personnel, parts or equipment, or any other items or persons to or from the Project site; (e) Any Subcontractor that does not perform any actual labor on the Project site; and (f) Any party or entity excluded by Contractor in its sole discretion, even if such party of entity is otherwise eligible.

Excluded Parties (and any other party not enrolled in or covered by the CCIP) shall obtain and maintain and shall require each of their Subcontractors of all tiers to obtain and maintain, the insurance coverage specified in Section 1.9 below and in the Insurance Manual. 

 1.4 CCIP Insurance Policies Establish the CCIP Coverages:  The CCIP Coverages and exclusions summarized in Exhibit “J” and in the other Contract Documents are set forth in full in their respective insurance policies.  The summary descriptions of the CCIP Coverages in Exhibit “J” or the Insurance Manual are not intended to be complete or to alter or amend any provision of the actual CCIP Coverages.  In the event that any provision of this Exhibit “J”, the summary below, the Insurance Manual, or the Contract Documents conflicts with the CCIP insurance policies, the provisions of the actual CCIP insurance policies shall govern. 

 1.5 Summary of CCIP Coverages:  CCIP Coverages shall apply only to those operations of each Enrolled Party performed at the Project site in connection with the Work.  CCIP coverages shall not apply to Excluded Parties, even if they are erroneously enrolled in the CCIP.  An Enrolled Party’s operations away from the Project site, including product manufacturing, assembling, or otherwise, shall only be covered if such off-site operations are identified and are dedicated solely to the Project.  CCIP Coverages shall not cover off-site operations until receipt by Subcontractor of any tier of written acknowledgment of such coverage from the CCIP Administrator.  The CCIP shall provide only the following insurance and only to Enrolled Parties: 

 Summary Only

 a. Workers’ Compensation Insurance and Employer’s Liability:  Carrier:  Zurich Insurance  

Part One – Worker’s Compensation     Statutory Limit

 Part Two – Employer’s Liability     Annual Limits Per             Enrolled Party   Bodily Injury by Accident, each accident    $1,000,000 Bodily Injury by Disease, each employee    $1,000,000 Bodily Injury by Disease, policy limit    $1,000,000

This policy does not cover off-site operations.     b. Commercial General Liability Insurance:  Carrier:  Zurich Insurance       Limits of Liability Shared           By All Enrolled Parties                   General Aggregate      $4,000,000 (Per Project)                              Products/Completed Operations Aggregate *   $4,000,000                                      Personal/Advertising Injury     $2,000,000 (Each Occurrence)   Bodily Injury & Property Damage     $2,000,000 (Each Occurrence)   Each Occurrence                                                                                        $2,000,000                                   All limits apply per project.  This insurance will NOT provide coverage for products liability to any insured party, vendor, supplier, off-site fabricator, material dealer or other party for any product manufactured, assembled or otherwise worked upon away from the Project Site.  This policy does not cover off-site operations of any Enrolled Party.  General Aggregate Limit will reinstate annually.  Six (6) Years or the statute of repose applicable to the designated project for Products & Completed Operations Extension beyond final acceptance of the entire Project, with a single non-reinstated aggregate limit for the entire construction term and extension.  The policy contains exclusions. Some of these exclusions are: Real & Personal Property in the care, custody or control of the insured; Total Asbestos; Total Lead; Fungus; Silica; EIFS; Owned & Nonowned Aircraft, Watercraft, and Automobile Liability; Nuclear Broad Form Liability, Pollution except hostile fire.

 c. Excess Liability Insurance: 

  A total of $175 million in limits of liability are provided under the CCIP for Enrolled Parties.    The $175 million dollar limit is shared by all Enrolled Parties.     Coverage is excess of primary or lower layer.  Limits apply per project.  This insurance will NOT provide coverage for products liability to any insured party, vendor, supplier, off-site fabricator, material dealer or other party for any product manufactured, assembled or otherwise worked upon away from the Project Site.  Other or Annual Aggregate Limits will reinstate annually.

 Six (6) Years or the statute of repose applicable to the designated project for Products & Completed Operations Extension beyond final acceptance of the entire Project, with a single non-reinstated aggregate limit for the entire construction term and extension.  These policies do not cover off-site operations of any Enrolled Party.

 1.6 Contractor’s Insurance Obligations:  Contractor shall pay the premium costs for the CCIP Coverages.  Contractor will receive or pay, as the case may be, all adjustments to such costs, whether by way of dividends, retroactive adjustments, return premiums, other moneys due, audits or otherwise.  Subcontractor hereby assigns to Contractor the right to receive all such adjustments and shall use its best efforts to ensure that each of its Subcontractors of every tier assigns to the Contractor the right to receive all such adjustments.  Contractor assumes no obligation to provide insurance other than that specified in Exhibit “J” and in the CCIP insurance policies.  Contractor’s furnishing of CCIP Coverages shall in no way relieve or limit, or be construed to relieve or limit, the Subcontractor of any responsibility, liability, or obligation imposed by the Contract Documents, the CCIP insurance policies, or by law, including without limitation, any indemnification obligations which Subcontractors have to the Contractor thereunder.  Contractor reserves the right at its option, without obligation to do so, to furnish other insurance coverage of various types and limits provided that such coverage is not less than that specified in the Contract Documents.

 1.7 Subcontractor’s CCIP Obligations:  Subcontractor shall:

   (a)     Incorporate the terms of this Exhibit “J” into all sub-subcontract agreements.

(b) Enroll in the CCIP within five (5) days of execution of the Subcontract (or no less than 45 days prior to mobilization) and maintain enrollment in the CCIP for the duration of the Subcontract.  Subcontractor shall also require each of its eligible subcontractors of every tier to enroll in the CCIP, within five (5) days of subcontracting (or no less than 45 days prior to mobilization) and to maintain enrollment in the CCIP for the duration of their respective subcontracts.

(c)  Comply with all administrative, safety, insurance, and other requirements outlined in the Subcontract, this Exhibit “J”, the Insurance Manual, the CCIP insurance policies, or elsewhere in the Contract Documents, including but not limited to the Contractor’s Standard Safety and Health Manual which is deemed incorporated by reference into the Subcontract.

(d)  Provide to each of its subcontractors of every tier a copy of the Insurance Manual and ensure subcontractor compliance with the provisions of the CCIP insurance policies, the Insurance Manual, this Exhibit “J”, and the Contract Documents, including but not limited to the Contractor’s Standard Safety and Health Manual which is deemed incorporated by reference into the Subcontract.  The failure of (a) Contractor to include the Insurance Manual in the bid documents or (b) Subcontractor to provide to each of its eligible subcontractors of every tier a copy of the same shall not relieve Subcontractor from any of the obligations contained therein. 

(e)  Acknowledge and require all of its subcontractors of every tier to acknowledge in writing that the Contractor and the CCIP Administrator are not agents, partners or guarantors of the insurance companies providing coverage under the CCIP (each such insurer, an “CCIP Insurer”), that neither the Contractor nor the CCIP Administrator are responsible for any claims or disputes between or among Subcontractors and any CCIP Insurer(s), and that neither the Contractor nor CCIP Administrator guarantees the solvency or the availability of limits of any CCIP Insurer(s).  Any type of insurance coverage or limits of liability in addition to the CCIP Coverages that Subcontractor requires for its own protection, or that is required by applicable laws or regulations, shall be the Subcontractor’s sole responsibility and expense, and shall not be billed to Contractor.

(f)   Cooperate fully with the CCIP Administrator and the CCIP Insurers, as applicable, in its or their administration of the CCIP. 

(g)   Provide, within five (5) days of Contractor’s or the CCIP Administrator’s request, information necessary for the administration of the CCIP, including but not limited to payroll records, certified 

copies of insurance coverages, declaration pages of coverages, certificates of insurance, underwriting data, prior loss history information, safety records or history, or OSHA citations.

(h) Comply and require all of its subcontractors to comply with the CCIP Administrator’s instructions for enrolling in the CCIP using “Alliant Wrap,” and for electronically reporting payroll using “AlliantWrap.”

(i) Pay to Contractor a sum of up to $2,500.00 for each general liability property damage occurrence caused by or attributable to the work, acts, or omissions of the Subcontractor or their sub-subcontractor or any other entity or party for whom the Subcontractor is responsible.  This fine will be issued through a nonnegotiable deduct change order or other means at the discretion of Consigli. 

 1.8 Bidding Instructions: Subcontractor shall fully and accurately complete Alliant Forms, which are set forth in Insurance Manual, and submit same to the Contractor or the CCIP Administrator with any bid submitted for the Project.  Subcontractor shall EXCLUDE the Costs of CCIP Insurance Coverages from its base bid for the Project.  The “Costs of CCIP Coverages” is defined as the amount of the reduction in insurance costs due to Subcontractor’s eligibility for CCIP Coverages, which includes Worker’s Compensation, General Liability & Umbrella Insurance Coverages.  The Costs of CCIP Coverages shall include insurance premiums, related taxes and assessments, markup on the insurance premiums and losses retained through the use of a self-funded program, self-insured retention (SIR) or deductible program.  The Cost of CCIP Coverages shall also include expected losses within any retained risk (first dollar cost).  Subcontractor shall require that its subcontractors of every tier also submit bids which exclude the Cost of CCIP Coverages from their base bid.  Subsequent change order proposals shall be submitted in the same manner, with the Cost of CCIP Coverages excluded from the base change order price. Notwithstanding any other provision of the Subcontract or this Exhibit “J,” in the event that a Subcontractor or any sub-subcontractor of any tier under the Subcontractor fails to provide to the Contractor or CCIP Administrator any documentation required by this Exhibit “J” or the Insurance Manual or any CCIP Policy, the Contractor may hold back from the Subcontractor as liquidated damages, a sum equal to ten percent (10%) of the Subcontract Price until such documentation is delivered to the Contractor or CCIP Administrator.

 1.9 Additional Insurance Required From Enrolled Parties and Excluded Parties:  Subcontractor shall obtain and maintain, and shall require each of its subcontractors of all tiers to obtain and maintain, insurance coverages as specified in this Section 1.9.  All insurance provided under this Section 1.9 shall be provided by carriers admitted in the state/location of the CCIP project and having an A.M. Best rating of A-/VII or better.  Certificates of insurance, including additional insured endorsements evidencing the coverages required under this Section 1.9 shall be filed with Contractor and Owner before commencement of Subcontractor’s Work.  

 Subcontractors that are Enrolled Parties shall obtain and maintain Worker’s Compensation, Employer’s Liability, General Liability, and Excess Liability insurance, as set out below, for off-site activities, and evidence of Automobile Liability insurance for all activities, both on-site and off-site.  Those parties that are Excluded Parties, or are not enrolled in the CCIP must provide evidence of all insurance set out below for both on-site and off-site activities.

 a. Commercial Automobile Liability Insurance covering all owned, non-owned, and hired automobiles, trucks, and trailers with a combined single limit of not less than $1,000,000 for bodily injury, $1,000,000 for property damage, and with a $1,000,000 policy limit.

b. Worker’s Compensation – in accordance with the laws of the State of the project including Employer’s Liability insurance with limits not less than the following:    Bodily Injury by Accident     $ 1,000,000,   each accident  Bodily Injury by Disease     $ 1,000,000 policy limit   Such Policy shall include a Blanket Waiver of Subrogation for those agreed to by written contract.

c. Commercial General Liability Insurance in a form providing coverage not less than the standard ISO Commercial General Liability insurance policy (“Occurrence Form”), including coverage from premises operations; independent contractors’ liability; products and completed operations; contractual liability; personal injury; and broad form property damage (including coverage for explosion, collapse, and underground hazards) with limits not less than the following:

          Limits of Liability

 General Aggregate     $2,000,000  Products/Completed Operations Aggregate      $2,000,000  Each Occurrence     $1,000,000  Personal/Advertising Injury    $1,000,000         – Aggregate Limits Must Be On a Per Project Basis – Coverage will apply away from the Project site for Enrolled Parties.  – Coverage will apply on-site and off-site for Excluded Parties.

d. Excess Umbrella Liability – Coverage will apply excess over the General Liability, Automobile Liability, and Employers’ Liability Coverages:

 Each Occurrence       $ 5,000,000  General Aggregate      $ 5,000,000

Coverage will apply both on and off the Project site.

e. Property Insurance.  Subcontractors must maintain physical loss or damage insurance on their  owned, leased, rented or borrowed equipment, tools, trailers, temporary structures, personal property.  This applies to all equipment or property located at the CCIP Project Site or in transit.  The CCIP excludes coverage for loss or damage to such property.  

f. Watercraft and Aircraft Liability.  The operator of any watercraft or aircraft of any kind must maintain liability insurance naming Consigli and the respective subcontractor as an additional insured with primary and non-contributory wording.  In addition, the limit of liability must be satisfactory to Consigli. Such project-specific insurance requirements will be determined as the need arises.

g. Professional Liability/Errors and Omissions.  All professional service firms must provide professional liability insurance appropriate for their profession. Architect and engineering firms must provide insurance covering liability arising out of design errors and omissions. Consigli will determine such project-specific insurance requirements as the need arises.

h. Pollution Liability.  A subcontractor whose Work involves removal or treatment of hazardous materials will provide and maintain Contractors Pollution Liability insurance.  Such coverage will specifically schedule the type of work defined in the Subcontract.  Such project-specific insurance requirements will be determined as the need arises.

 1.10 Subcontractor’s Representations and Warranties to Contractor:  Subcontractor represents and warrants to Contractor, and shall use its best efforts to ensure that each of its Subcontractors of every tier represent and warrant to Contractor that:

(a) All information submitted to Contractor or to the CCIP Administrator shall be current, accurate and complete.  (b) Subcontractor and its sub-subcontractors have had the opportunity to read and analyze copies of the CCIP insurance policies that are on file in Contractor’s office and that they understand the CCIP Coverages.  Any reference or summary in the Agreement, this Exhibit “J”, the Insurance Manual, or elsewhere in any other Contract Document as to amount, nature, type or extent of CCIP Coverages and/or potential applicability to any potential claim or loss is for reference only.  Subcontractor has not relied upon said reference, but solely upon their own independent review and analysis of the CCIP Coverages in formulating any understanding and/or belief as to amount, nature, type or extent of any CCIP Coverages and/or its potential applicability to any potential claim or loss. (c) Subcontractor has excluded the Costs of CCIP Coverages from its base bid and has identified its Cost of CCIP Coverages as a CCIP Add Alternate item.  Subcontractor’s Costs of CCIP Coverages will not be included in any change order or any request for payment for the Work or extra work.  (d) Subcontractor acknowledges that Contractor shall not pay or compensate Subcontractor or any subcontractor of any tier, in any manner, for the Costs of CCIP Coverages. 

 1.11 Audits:  Subcontractor agrees that the Contractor, the CCIP Administrator, and/or any CCIP Insurer may audit Subcontractor’s payroll records, insurance cost information, or any information that Subcontractor provides to Contractor, the CCIP Administrator, or the CCIP Insurers to confirm their accuracy, and to ensure that the Costs of CCIP Coverages are not included in any payment for the Work.

 1.12 Contractor’s Election to Modify or Discontinue the CCIP:  Contractor may, in its sole discretion, modify the CCIP coverages on the Project, including but not limited to discontinuing/terminating/expiring the CCIP, or request that Subcontractor withdraw from the CCIP upon thirty (30) days written notice.  Upon such notice, Subcontractor shall be obligated to obtain and thereafter maintain during the performance of the Work, all (or a portion thereof as specified by Contractor) of the coverages that were required under the CCIP.  The form, content, limits of liability, cost, and the insurer issuing such replacement insurance coverage shall be subject to Contractor’s advanced written approval.  The cost of any replacement coverage shall be at Subcontractor’s sole cost and expense.  It is assumed by Contractor that Subcontractor has accounted for this potential insurance modification in its Subcontract Price.  Subcontractor is required to include the CG 21 31 (05/09) endorsement to its CGL insurance.  Any failure by Subcontractor to strictly comply with the provisions of this Section shall be deemed a material default and Contractor shall be permitted to withhold payment until Subcontractor is compliant.  

 1.13 Withholding Payments:  Contractor may withhold from any payment owed or owing to Subcontractor the Costs of CCIP Coverages if they are included in a request for payment.  In the event of an audit of Subcontractor’s records and information as permitted in the Subcontract, this Exhibit “J”, or in other Contract Documents reveals a discrepancy in the insurance, payroll, safety, or any other information required by the Contract Documents to be provided by Subcontractor to Contractor, or to the CCIP Administrator, or reveals the inclusion of the Cost of CCIP Coverages in any payment for the Work, Contractor shall have the right to full deduction from the Contract Price/Contract Sum of all such Costs of CCIP Coverages and all audit costs.  Audit costs shall include, but shall not be limited to, the fees of the CCIP Administrator, and the fees of attorneys and accountants conducting the audit and review.  If Subcontractor fails to timely comply with the provisions of this Exhibit “J”, Contractor may withhold any payments due to Subcontractor until such time as they have performed the requirements of this Exhibit “J”.  Such withholding by Contractor shall not be deemed to be a default under the Subcontract or the Contract Documents.  

 1.14 Waiver of Subrogation:  Where permitted by law, Subcontractor hereby waives all rights of recovery by subrogation because of deductible clauses, inadequacy of limits of any insurance policy, limitations or exclusions of coverage, or any other reason against Owner, the Contractor, the CCIP Administrator, their officers, agents, or employees, and any other contractor or subcontractor performing Work or rendering services on behalf of Owner or Contractor in connection with the planning, development and construction of the Project.  Subcontractor shall also require that all Subcontractor maintained insurance coverage related to the Work, include clauses providing that each insurer shall waive all of its rights of recovery by subrogation against Subcontractor together with the same parties referenced immediately above in this Section 1.14.  Where permitted by law, Subcontractor shall require similar written express waivers and insurance clauses from each of its Subcontractors.  A waiver of subrogation shall be effective as to any individual or entity even if such individual or entity (a) would otherwise have a duty of indemnification, contractual or otherwise, (b) did not pay the insurance premium directly or indirectly, and (c) whether or not such individual or entity has an insurable interest in the property damaged.

1.15 Duty of Care:  Nothing contained in this Exhibit “J” or the Insurance Manual shall relieve Subcontractor of their respective obligations to exercise due care in the performance of their duties in connection with the Work, and to complete the Work in strict compliance with the Contract Documents.

 1.16 Conflicts:  In the event of a conflict, the provisions of the CCIP insurance policies shall govern, then the provisions of the Subcontract and its other related Contact Documents, then the provisions of the Insurance Manual. 

1.17 100% Six Foot Fall Protection:  Contractor has adopted a 100% Six Foot Fall Protection policy on this Project.  All work over six feet in height will have a fall protection system in place.  Instances where fall protection may create an unsafe condition will be dealt with on a case-by-case basis.  Subcontractors shall include in the scope of their work compliance with 100% Six Foot Fall Protection standards for all work activities as detailed in Contractor’s Site-Specific Safety Manual, which is incorporated by reference in this Subcontract.

 1.18 Drug Testing:  Prior to being allowed on-site, all on-site employees of any Subcontractor shall fulfill the requirements of the Consigli Construction substance abuse testing program.  The substance abuse testing program is subject to modification only to meet the requirements of a collective bargaining agreement to which any Subcontractor may be a party, in which case substance abuse testing will be conducted to the fullest extent allowed by such collective bargaining agreement.  All Subcontractors shall be responsible for the costs associated with the drug testing of their employees.  Should a drug test result in a failed or inconclusive finding, the Subcontractor will be responsible for any alleged wage loss or cost associated with the employee’s time taking the test and/or down time.     

 1.19 Jobsite Gym-Daily warm-up program:  Contractor has adopted a morning stretch warm-up program on this project.  All project personnel are required to participate in Consigli’s “Jobsite Gym” warm-up/stretch program.

 1.20   Return to Work Program:   The Subcontractor shall promptly return an injured worker to full or modified duty work as soon as it is advised by the employee’s treating physician or through an Independent Medical Exam (IME).  Upon such notification, the Subcontractor shall immediately return the injured worker to work whether or not a job is immediately available and whether or not such work is available at the CCIP project.  Failure to do so will result in a fine assessment to the Subcontractor of $500.00 per day until the worker is returned to work.  This fine will be issued through a non-negotiable deduct change order or other means at the discretion of Consigli.

 1.21  Activity Hazard Analysis (“AHA”):  Before beginning each work activity involving a type of work presenting hazards not experienced in previous project operations or where a new work crew or subsubcontractor is to perform the work, the Subcontractor performing that work activity shall prepare an AHA using the AHA Form attached as Exhibit J-1.  In addition, all operations, materials and equipment shall be evaluated to determine the presence of hazardous environments or if hazardous or toxic agents could be released into the work environment.  

a.           AHA shall define the activities being performed and identify the work sequences, the specific anticipated hazards, site conditions, equipment, materials and the control measures to be implemented to eliminate or reduce each hazard to an acceptable level of risk.

b.          Work shall not begin until the AHA for the work activity has been accepted by the Contractor and discussed with all engaged in the activity, including the other subcontractor(s).

c.           The names of the Competent/Qualified Person(s) required for a particular activity (for example, excavations, scaffolding, fall protection, other activities as specified by OSHA and this manual) shall be identified and included in the AHA.  Proof of their competency/qualification shall be submitted to the Contractor for acceptance prior to the start of that work activity.

d.           The AHA shall be reviewed and modified as necessary to address changing site conditions, operations or change of competent/qualified person(s).

(1)               If more than one Competent/Qualified Person is used on the AHA activity, a list of names shall be submitted as an attachment to the AHA.  Those listed must be Competent/Qualified for the type of work involved in the AHA and familiar with current site safety issues.

(2)               If a new Competent/Qualified Person (not on the original list) is added, the list shall be updated (an administrative action not requiring an updated AHA).  The new person shall acknowledge in writing that he or she has reviewed the AHA and is familiar with current site safety issues.

1.22 Designated Safety Representative:  Subcontractor shall designate an on-site safety representative to participate in the project safety committee, which will meet on a periodic basis.  This representative shall have authority to take corrective action on any safety-related issues deemed by the committee.

 1.23 Dedicated On-Site Safety Staff:   A full time safety manager shall be provided by the Subcontractor under the following circumstances:

 1) Any time that a Subcontractor (either by itself or in conjunction with a sub-subcontractor) has a headcount of thirty (30) or more workers on-site. 2) Any time that the Contractor’s Superintendent or Project Manager deems the subcontract work as high-risk. Under this circumstance, the Contractor shall meet with the Subcontractor prior to award and discuss actual requirements.  3) Any time the Contractor’s Superintendent or Project Manager deems it necessary.  4) Qualifications of the full time Safety Manager shall be submitted to the Consigli Project Team for review. 5) Any time a Subcontractor (by itself or in conjunction with a sub-subcontractor) reaches a          headcount of one hundred (100) or more workers on site, a second dedicated full time safety manager will be employed by the Subcontractor (or its sub- subcontractor) and be on-site full time.

 1.24 Weekly Safety Inspection:  Subcontractor’s designated safety representative shall conduct a weekly safety inspection which includes all of the Subcontractor’s work areas.  Documentation confirming completion of such inspections shall be forwarded within 24 hours to the Contractor’s Site Safety Manager and/or Project Superintendent.

 1.25 Personal Protective Equipment:

 Hard Hats.  All Subcontractor personnel on site shall wear hard hats at all times per ANSI Z89.1.

 Gloves.  All Subcontractor personnel performing work with their hands shall be required to wear gloves that are appropriate to the task.  When not performing actual work with their hands, employees will be required to have gloves available for immediate use.

 Footwear/Clothing.  At all times, on-site Subcontractor personnel shall wear sturdy work boots and appropriate clothing (shirts with sleeves and long pants). 

 Protective Eyewear.  All on-site Subcontractor personnel shall wear 100% eye protection per ANSI Z87.1.

 Hearing Protection.  All on-site Subcontractor personnel shall use appropriate hearing protection in areas where noise levels exceed 90 DBA, where exposure to 85-90 DBA exceeds eight (8) hours per day, or where posted.

 Respirators.   All on-site Subcontractor personnel must wear personal respiration equipment when required per OSHA standards.

 1.26 OSHA 30 Hour Training:  All of Subcontractor’s foremen/supervisory personnel shall have at a minimum an OSHA 30 Hour Construction Safety Outreach training certification and shall exhibit documentation of training.

1.27 OSHA 10 Hour Training:    All Subcontractor’s workers shall have at a minimum, an OSHA 10 Hour Construction Safety training certification and shall exhibit documentation of training.

 1.28 Incident Reporting:   Subcontractor or any sub-subcontractor must immediately report all known accidents and occurrences, however minor, to Consigli’s Site Safety Manager and Superintendent.  The Subcontractor shall submit a written Accident Report to the Consigli Site Safety Manager and Superintendent within 24 hours of the accident/incident/loss.  Failure by the Subcontractor or subsubcontractor will result in a  $2,500.00 fine assessment.  This fine will be issued through a non-negotiable deduct change order or other means at the discretion of Consigli. 

 1.29   Additional Safety Requirements:  Should a subcontractor have an Experience Modification Rating (MOD) of 1.20 or greater, the following will be required: 

A full time dedicated Safety Representative with no alternate duties will be required on site at all times. 

Subcontractor is to develop a written (2) Week Safety Look Ahead to be conducted by the subcontractor supervisor or designated safety representative.  The developed safety look ahead shall list all major work activities for the subcontractor’s scope of work for that 2-week time frame.

A written “Activity Hazard Analysis/Pre-task Plan” that identifies hazards and control measures for each of the major activities listed shall be developed. (This shall be submitted to the Consigli Superintendent and Safety Manager before starting work on site).

The subcontractor supervisor or designated safety representative shall conduct daily “Pre-Task Planning Sessions” with the field crew. The written Activity Hazard Analysis/Pre-task Plan shall be signed by the crew members after the review is completed. 

All Safety Responsibilities shall be assigned to an on-site supervisor or designated safety representative for the purpose of:  

a.       Conducting a daily documented safety inspection.  b.      Assigning corrective measures taken to dedicated subcontractor personnel.

 1.30   3rd Party Safety Inspections for Subcontractors with Experience Modification Ratings (MOD) between 1.01 to 1.19:  It is mutually understood that this Subcontractor has a lower than acceptable Consigli safety rating and/or experience modification rating (MOD).  Therefore, in order to better monitor the safety of the Subcontractor, the Subcontractor shall be required to hire a third-party safety consultant to make bi-monthly visits to the project site. This consultant shall be required to report their findings to the Subcontractor and Contractor in writing after these reviews are conducted. Any apparent safety deficiencies shall be addressed by the Subcontractor within 24 hours of the finding.  All cost associated with accommodating this requirement has been included in the Subcontract price.  Reports are due into the Consigli Construction Site Superintendent within 24 hours of the site visit.

Substance Abuse Testing Program

Consigli Construction Company Inc. (CCCI), and  all  subcontractors (“Parties”) to the CCCI Contractor Controlled Insurance Program(CCIP) for the major construction project at Archer/ Donahue will participate  in a Drug-Free Workplace Program, (the “Program”) which states that the use of illegal drugs or the abuse of alcohol, prescription or controlled substances on or off duty by persons working on/employed, or seeking employment, on this CCCI project, is inconsistent with a safe, healthy and productive work environment.

This Substance Abuse Program (“the Program”) is established by CCCI in response to the directive as recited above and supersedes any pre-existing ·programs.

CCCI project managers on the project covered by the CCIP will require that this Program be applied to all Contractor-employed personnel working on the project site and to all applicants for such positions.

The intention of this Program is to establish the 212 Stuart Street Residences project as a drug and alcohol free workplace with due regard for the personal privacy interests of project employees.  It is not the intention of CCCI project managers to intrude on off-duty activities of project employees away from the project site, unless those activities have a job-related impact.  The circumstances permitting alcohol and drug testing on the project have been carefully defined. The CCCI project managers will retain oversight over the Program and will monitor test procedures for consistency and policy compliance.

The Parties acknowledge and agree on the importance of appropriate education, assistance, and treatment for all employees to combat the potential or actual influence of illegal/controlled drugs and alcohol.   The Parties therefore encourage the utilization of the educational, assistance and treatment programs which have been established by Unions and/or Contractors as an important component of the overall Substance Abuse Program on Project sites.

The CCCI Construction Substance Abuse Program establishes minimum standards of testing on a consistent, standardized basis for the safety, productivity and economy of all parties and personnel working on this project. · The Program will apply to all project workers, employees and applicants for employment on this covered project site and to all project Contractors at all tiers. The Construction Manager CCCI will regularly review with all Parties concerned the effective implementation and enforcement of the Program, and will require appropriate action by any and all Parties who are not fully committed to and involved in the application of the Program.

This Program shall be subordinate to the Department of Transportation Regulations or any other federal or state drug testing mandates which shall prevail and apply only to those classes of employees and applicants subject to the mandatory drug test regulations currently in effect, as amended or established in the future by the Federal Highway Administration, the U.S. Coast Guard, the Research and Special Programs Administrative of the Department of Transportation or any other federal or state agency with appropriate jurisdiction.

THE POLICY

I.          212 Stuart Street Residences PROJECT WORKERS/JOB APPLICANTS

1.    Prior to commencing work, all 212 Stuart Street Residences Project workers, and job applicants for positions on the Project will be required to satisfactorily complete a drug test, unless such applicant provides acceptable documentation that he/she has tested drug free within the preceding six months by a NIDA/SAMSHA certified laboratory. Specimens will be collected during in-processing on the Project site or at a designated off-site location and tests will be conducted in accordance with Section III, herein and the Project Substance Abuse Prevention Program Implementation Procedure.  Applicants who report to the in-processing site who display reasonable cause to suspect they may be impaired by alcohol may be subject to alcohol testing as set forth in Section III.

2.        If the point of collection (POC) test results are inconclusive, the applicant will not be permitted access to the Project site, until test results have been verified in accordance with Section III-2.   If the POC test results are proven negative, the employee will be paid for orientation time as described below and will be paid straight time hours for the missed work on the 212 Stuart Street Residences Project, provided the employee is not referred to or is not engaged on an alternate work assignment while test results are pending. If the applicant tests positive, he or she will be barred from this 212 Stuart Street Residences construction project. However, such applicants shall be paid two hours of straight time for participating in the orientation program. If participation in the orientation program requires more than two hours of the applicant’s time, such applicant shall be paid a maximum of four hours of straight time. There shall be no pyramiding of orientation time and missed work payments under this section.

3.        Any applicant or conditional employee barred from this 212 Stuart Street Residences project under Section I-2 may be considered for reemployment on this project provided the employee satisfactorily completes a drug test conducted by a NIDA/SAMSHA certified laboratory or an approved drug rehabilitation program at the employee’s expense not less than sixty days following the initial disqualification.  Upon the successful completion of such a program, the applicant will be eligible for Project employment providing, as a condition of continuing employment, the employee voluntarily agrees in writing to submit to substance testing, at the 212 Stuart Street Residences project manager’s request, for a period of six months.

4.        Refusal on the part of any applicant to comply with the testing procedure will disqualify the applicant from consideration for employment on this CCIP until such time as the applicant certifies, in writing, a willingness to comply with this Program

II.         ACTIVE EMPLOYEES

1.        Disciplinary Rules:  This 212 Stuart Street Residences project does recognize that employees have a right to privacy and that any adverse action taken against an employee for off-duty conduct shall take into account the employee’s right to privacy and the impact of the employee’s conduct on his/her job performance and job site safety.  The 212 Stuart Street Residences Project’s disciplinary rules for drug related conduct will be as follows:

1. Possession of illegal drugs on the job or in a job status – Permanent bar from the project.
2. Use of illegal drugs on the job or in a job status – Permanent bar from the project
3. Selling, aiding and abetting the sale or conspiring to sell illegal drugs or prescription drugs on the job or conviction for such activity off the job -Permanent bar from the project
4. Bodily system presence of illegal drugs or alcohol on testing at a limit specified herein on the job -Immediate bar from the project.  The employee may be considered for reemployment on the 212 Stuart Street Residences Project after sixty days and certification as drug or alcohol-free as confirmed by a NIDA/SAMSHA licensed laboratory or an approved drug rehabilitation program, provided that as a condition for reemployment on the project the employee agrees to be subject to testing at the request of the 212 Stuart Street Residences Project’s project manager for a period of up to six months. Any second offense involving an on-the-job bodily system presence of illegal drugs or alcohol will result in a permanent bar from employment on the 212 Stuart Street Residences Project.
5. Possession, use or bodily system presence of prescription drugs without a valid prescription or alcohol on the job may result in a temporary or permanent project bar. The severity of the sanction will be determined on a case-by-case basis following investigation concerning the use of the drug. It is the intent of the 212 Stuart Street Residences Project that recreational use or abuse of prescription drugs will be treated the same as use of illegal drugs.
6. These disciplinary rules supplement and do not supersede other rules and regulations duly promulgated by any contractor. In no event shall the application of these rules or the use of illegal drugs or alcohol be construed as a defense to other employment related discipline.

2.         Testing:  Employees will be subject to drug and alcohol testing only under the following circumstances:

1.  Pre-Placement / Pre-Employment. 
2. Post-Accident: Any employee who is directly involved in an accident on  the job site or in the course of job duties which involves use of vehicular equipment, heavy equipment, power tools or other dangerous instrumentality or working conditions and which results in a need for off­ site medical care or substantial property damage (generally in excess of $1000) shall be referred for a substance test. A substance test will not be required if the 212 Stuart Street Residences project safety manager, representative in consultation with others, determines that the employee did not contribute to the cause of the accident or could not have avoided it.  The test must be conducted by a NIDA/SAMSHA certified laboratory as soon as practical following the accident. Such test shall be undertaken prior to and as a condition of returning to work.
3. Reasonable Cause:  A substance test may be required where there is reasonable cause to suspect that an employee has an in-system presence of intoxicants or drugs on the job or in a job status (such as on contractor or owner-provided transportation). An employee will not be tested under this paragraph unless employee conduct or other related circumstances provide a reasonable basis to believe that the employee may have ingested an intoxicating substance and/or is suffering from impairment of some sort while on the job site.   Such observation must be confirmed by a second member of Contractor supervision, wherever possible.   For Contractors signatory to the Agreement, observation shall also be discussed with the Union steward, provided a steward is readily available.   Finally, before an employee is referred for reasonable cause testing, the action must be approved by a senior member of Contractor management (above foreman/supervisor). All management representatives responsible for making such observations and/or referrals shall be required to attend a Department of Transportation   (DOT) approved training program in order to be authorized to make such observations or referrals.

Employees removed from duty for post-accident

.

 testing will remain off-duty until test results are received. If the employee tests negatively, the employee will receive full back pay for the time missed. If the employee tests positively, the employee will be barred from the project effective the date and time of the specimen collection.  Any employee so barred will be eligible for consideration for reemployment on the project after a period of not less than sixty days.   Before being rehired, any such employee must pass a drug test conducted by a NIDA/SAMSHA certified laboratory at the employee’s expense and must agree, as a condition of reemployment, to submit to substance use testing at the CCIP project manager’s request, for a period of six months.

III.    DRUGS TO BE TESTED AND TEST PROCEDURES

1. Test Standards: Drugs to be tested, specimen collection, chain of custody and threshold and confirmation test levels shall comport with the Mandatory Guidelines for Federal Workplace Testing Programs established by the U.S. Department of Health and Human Services. Drug tests shall be conducted as described in Part III, 2 below.    Any alcohol testing will be conducted by devices and under procedures approved by Massachusetts law.

• Test Procedures: Drug testing will be conducted in three phases by urine testing.

1. Phase 1- Point of Collection (POC) Immunoassay Screen using the icup/instant test, or its equivalent. If the POC test is ”inconclusive”, the specimen shall be split and will be sent by overnight courier to a NIDA/SAMSHA laboratory for Phase 2 and Phase 3 testing if necessary.

2. Phase 2 – Immunoassay screening and specimen integrity testing by EMIT or equivalent.  If the specimen is unacceptable, the employee or applicant will be requested to provide a fresh specimen. If the Phase 2 screen reads positive, it will be forwarded for Phase 3 confirmation testing.

3. Phase 3 – Confirmation testing by Gas Chromatography/Mass Spectrometry (GC/MS). Positive test results will be forwarded to the Medical Review Officer (MRO) to be reviewed with the specimen provider and reported to the 212 Stuart Street Residences Project’s Safety Manager.

4. Alllaboratory testing shall be conducted only by laboratories licensed and certified by the U.S. Department of Health and Human Services and shall be conducted in accordance with the Mandatory Guidelines for Federal Workplace Testing Programs, as amended.
5. Pre-employment analysis will test for the following drugs. The threshold level for a positive test for each drug is as indicated:

Description                                                      Screening Level                             Confirmation Level

Benzoylecgonine-Cocaine Metab             150 ng/ml                                        100 ng/ml

Marijuana Metabolite                                     50 ng/ml                                          15 ng/ml

Amphetamines                                                 500 ng/ml                                        250 ng/ml

Opiates                                                              2000 ng/ml                                      2000 ng/ml

Phencyclidine                                              25 ng/ml                                          25 ng/ml

The following panel of drugs will be included in post-accident testing:

Description                                                        Screening                                         Confirmation Level

6-Acetylmorphine                                             10.0 ng/ml                                        10.0 ng/ml

Barbiturates                                                      300 ng/ml                                         200 ng/ml

Benzodiazepines                                                300 ng/ml                                         200 ng/ml

Methadone                                                         300 ng/ml                                         200 ng/ml

Methylenedioxymethampetamine                500 ng/ml                                         250ng/ml

Alcohol- An employee shall be presumed to be under the Influence of alcohol with a breath alcohol level equal to or greater than .08 percent alcohol.

In the event that the Department of Health and Human Services changes the screen or confirmation threshold cutoffs or adds new drugs or procedures to the list of drugs to be tested and the prescribed test procedures, or the Commonwealth of Massachusetts amends the presumption levels for alcohol impairment, this policy shall be automatically amended to accommodate such change, addition or amendment.

3. Retests: In the event of a positive result, there is an automatic confirmation test (GC/MS) performed by the drug testing laboratory at no cost to the employee. In addition, the drug test laboratory shall preserve a sufficient aliquot specimen as to permit independent confirmatory testing and follow-up retesting at the request of the employee or by the 212 Stuart Street Residences Project at its expense.  The laboratory shall endeavor to notify the employee/applicant and the 212 Stuart Street Residences Safety Manager of positive test results within three working days after receipt of the specimen. The employee/employer may request a re-test within three working days from notice of a positive test result. Costs of re-tests will be paid in advance by the requesting party. In the event the initial test is proven to be a false positive, costs for any retests shall be reimbursed.
4. The drug test laboratory and the specimen collection facility must establish and maintain a forensically acceptable chain of custody.   It will be the burden of Consigli Construction as the 212 Stuart Street Residences Construction Manager to establish, in any case arising from a positive test result, that the appropriate chain of custody has been maintained.
5. Employees must execute any documentation necessary to release report of test results to the 212 Stuart Street Residences Project Safety Manager.  Failure to execute the appropriate release forms or to comply with testing procedures, (including adulteration of test specimens) will result in a permanent bar from the Project.

REVISIONS OR AMENDMENTS

This Substance Abuse Program may be amended, from time-to-time, in writing.

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