Project # 1958
Emergency Response Plan
This Emergency Response Plan (E.R.P.) is specifically developed for Consigli Construction work associated with the Allston LabWorks project.
The construction site is located at 250 Western Ave Allston, Massachusetts 02134 The location for the project field office is currently at the Project jobsite (notifications of any changes will be provided). It is anticipated that the office location will transition to off- site office space as construction proceeds. When determined, the field office will become the Emergency Operations Center (EOC).
The following situations are considered emergency response actions and should be handled in accordance with the procedures outlined in this plan.
- Serious Injury/Fatalities
- Structural Damage/Collapse
- Weather or Geological Event
- Environmental Incident
- Traffic Disruption
- Utility Damage
- Illegal Activity
- Labor Problems
- Bomb Threats/Military Ordinance Unearthing
- Acts of Terrorism
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 Fire or Police
2. CCC Superintendent: Kris Olsen (617)590-5166
3. CCC PM: Brent Keyser (774)217-8904
4. CCC General Superintendent: Gabe Mater (508)458-4892
5. CCC Safety Director: Bryan Kingsbury (508)808 9359
Additional Construction Contacts:
- CCC Safety Manager: n/a
- CCC Superintendent: n/a
- Consigli Construction, Inc. – Boston Office (617)259-1007
- Owner – King Street Properties
- Michael DiMinico (617)910-5503
- Environmental Consultant: ALG Environmental
- Allen Grinnell (603)557 2801
Local Emergency Services
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
- Mass General Emergency Dept. (617)724-4100
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OHSTC – Nancy Hughes
1340 Soldiers Field Road, Brighton MA 02135
OccMed – Dr. John Burress
10 Hawthorne Place Suite 114 Boston, MA 02114
Massachusetts General Hospital Emergency Department
55 Fruit St. Boston, MA 02114
Emergency Procedures: A Consigli representative will be dispatched to the Main entrance(s) of the building/ site to meet the responding Emergency Personnel and advise the individual in charge of the location of the incident as well as any chemicals or hazardous substances that may be present on any of the floors. Safety Data Sheets will be readily available if needed by the Boston Fire Dept.
In the event of a serious injury requiring the assistance of Boston EMS, the injured worker will be kept as comfortable as possible. Emergency first can be administered if necessary. Under no circumstances will the injured person be moved unless the worker’s life is in danger because of fire or calamity. A worker will be assigned to meet the medical personnel at the above location to direct them to the location of incident.
In the event an evacuation is required all personnel at this job site will follow the building/site evacuation plan and meet at the designated Muster Point (located outside of the jobsite trailers) The foreman for each company will meet at that location and take a head count of their staff and report to Consigli Superintendent. If for some reason a worker is unaccounted for, the fire department will be notified of the last location where the worker was observed.
Muster Point location
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Site Safety Plan
Scope of Proposed Operations: The proposed development is part of the Allston LabWorks development which is situated at 250 Western Avenue. The site currently consists of multiple buildings and parcels associated with outdated industrial and auto-related uses. The site will be developed into two separate buildings, 250 Western Avenue and 280 Western Avenue. The proposed building at 250 Western Avenue will be six-stories and will host approximately 259,000 square feet of research laboratory and office use. The building at 280 Western Avenue will five to six-story building will host 35 residential units, and retail, restaurant, fitness etc. space on the ground floor. The project site is bound by Western Avenue to the north, Riverdale Street to the east, residential houses and Westford Street to the south and a parking lot for the Century Bank building to the west.
Phase I will include the use of excavators, dump trucks and other supporting equipment to prepare the site for construction and to demolish the existing site features. To provide a safe working environment.
Phase II involves excavation and the installation of the support of excavation on the site. To complete this phase, excavators, dump trucks and other supporting equipment will be required. The construction fencing, construction gates, signage and staging area will remain from Phase I.
Phase III consists of the installation of roadway utility connections within Western Avenue. To complete this phase, material delivery trucks and other supporting equipment will be used.
Phase IV involves forming and pouring of the concrete foundation. To complete this phase, concrete pumps, concrete trucks and other supporting equipment will be required. The construction fencing, construction gates, signage and staging area will remain from Phase II.
Phase V involves the erection of the building’s structure. To complete this phase, mobile cranes, material delivery trucks and other supporting equipment will be used. The construction fencing, construction gate, signage and staging area will remain from Phase VI
Phase VI involves the installation of the building’s exterior façade and the interior fit-out features. Delivery trucks, boom lifts, and other supporting equipment will be used to complete this phase of construction. The construction fence, gate, signage and staging area will be the same as phase V
Phase VII involves the hardscaping of landscaping of the site. Delivery trucks and other supporting equipment will be used to complete this phase of construction. The construction fence, gate, signage and staging area will be the same as phase VI and cones will be setup around the northeastern and northwestern corners of the site for the installation of the curb and proposed wheelchair ramps.
CCIP: This project is structured as a Contractor controlled insurance policy for all subcontractors other than demolition, abatement, and site work scopes. Other scopes may be excluded at the discretion of the policy manager. This policy will entail the following:
Drug testing for all on site employees- Pre employment and post accident
Full time safety coverage from CCC
Additional items will be added to this plan as they are communicated to Consigli Construction.
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-up stretch program); 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.
Identify the specific route in and out of the construction site (Traffic Management): Main construction access will be restricted to routes pre-determined by Consigli. All contractors will be responsible for adhering to Boston and Consigli restrictions and regulations regarding driving, parking and delivering materials. Pedestrians will be given the right of way at all times. There is no parking allowed on the project.
Construction Air Quality: Construction activities will potentially generate fugitive dust, which could result in localized increase in airborne particulate levels. Fugitive emissions from construction activities will depend upon a multitude of factors such as ambient humidity, recent weather patterns, and phase of construction.
To mitigate dust emissions, the CM and all site related contractors will be utilizing the following measures:
• Wetting agents will be used regularly to control and suppress dust that may come from exposed
excavations, chipping, sawing, etc.
• All trucks for transportation of construction debris will be tarped and their wheels will be cleaned
(if trucks ever leave an asphalt surface). No storage of construction debris will be allowed on site, other than in Dumpsters, which will be
tarped over during non-working hours.
• Construction practices will be monitored to ensure that unnecessary transfers and mechanical
disturbances of loose materials are minimized and that any emissions of dust are negligible.
• Street cleaning shall be provided on an as needed basis.
• During heavy demolition phase, removal of windows will be held off as late as possible to help
contain dust inside the building.
• OSHA Silica Guidelines will be followed for all dust creating activities.
• Compliance with the above-mentioned dust control measures will be monitored during daily
safety walks performed by the site superintendent, as well as the safety manager. Conditions will be
reported daily. Any required adjustments will be communicated to field personnel during daily foreman
Designated work hours (any work outside these hours must have prior CCC approval): Project hours are to be 7:00 AM to 3:30 PM, Monday through Friday. Off-hours work must be scheduled with the CCC Superintendent in advance.
Life Safety: A detailed fire protection plan and NFPA 241 plan has been developed with input from Consigli, Code Red, and the building owner. All impairments to existing life safety systems will be correctly permitted and coordinated with the building manager and the Boston Fire Department.
Any penetration through smoke and fire walls for new plumbing or electrical circuits necessitates:
- Smoke and fire wall penetrations shall not be left unattended.
- All penetrations are sealed by the end of each work shift.
Notification of Automatic Sprinkler System or Fire Alarm system shall be to:
- Consigli Fire Protection Program Manager
- Boston Fire Dept.
- All shut downs shall have a dedicated fire watch.
If it will be necessary to erect hard wall partitions in corridors adjacent to the work space:
- All affected occupants shall be notified of corridor width reduction.
- All occupants shall be aware of primary and secondary routes of egress.
- Additional egress signage shall be posted.
- Corridor storage is prohibited.
Job Safety Analysis (JSA) A JSA shall be conducted for each identifiable feature of work to be performed. The JSA shall be submitted to Consigli superintendent/supervisor. The JSA shall be reviewed Daily, signed by all workers including their supervisor, with all involved personnel performing that particular task.
Demolition: Prior to the start of demo operations, the contractor preforming demo will confirm 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 spay painted Red are not to be touched and 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
Fall Protection: Project fall exposures include any work on the roof, material hoist and scaffold erection, exterior demolition and new installation, mechanical shafts, and any work on the existing balconies. All work over 6 feet requires some form of fall protection in accordance with CCC fall protection policy. All fall protection for work preformed on Scaffold will be needed at a height of 6 feet or greater. All scaffold erectors will maintain the ability to have fall protection by donning a harness and lanyard at all times during erection. 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 (to be protected with cable guard rail system with turnbuckles to be installed for all straight runs and any straight run over 100 feet. Before any work is to begin on the roof it must be determined what method of fall protection will be implemented (fall protection plan, 100% tie off, guard rails, flagging etc.) All workers working on a roof with a slope greater than 4 to 1 and exposed to a fall greater than 6 feet will be tied off 100% of the time spent in this location. Workers on a roof with a slope less than 4 to 1 may put flagging (six feet for roofers-15 feet for everyone else) lines up, whenever roofers and any other trade are on the same roof then the flagging must be pulled back to the maximum distance. 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 2x the intended axle load). Covers will stay in place until the hole/penetration has been filled with duct or Pipe riser which extends above the deck.
**Review Chapter 13 for more detail
Work on Ladders: All work on step ladders/straight ladders will be done correctly per manufacturer’s recommendations. Any worker who is on a step/straight ladder and could be exposed to a fall greater than the height of their work on the ladder will be required to install a form of fall protection. Step ladders will not be used as a form of access to a walking /working level, also all straight ladders will be tied off when installed for use. Only ladders with a rating Type 1A or 1AA will be allowed on Consigli projects.
Scaffold and elevated work platforms: When scaffolds are to be used, all scaffolds, material hoist, mast climber, supported frame, pipe staging shall 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 located at the stair tower/access point to each section. 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 be erect scaffold 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. Overhead protection will be provided for all access points to any buildings located under any form of scaffolding/material hoist.
Consigli Safety Program requires that all rolling scaffolds (baker scaffolds) be equipped with guardrails when the working deck is above 4 feet. Outriggers are required for all rolling scaffolds when the working height reaches 2x the width of the scaffold.
** Please review chapter 14 for additional details.
Aerial/Scissor Lifts: Lifts will be required for work on the project. The area, ground conditions, slab strength, in the intended work zone, will be inspected for overhead power lines, sink holes, covers, or any other unsafe conditions which cause an unsafe incident. Aerial lift platforms will be inspected daily before each shift by a competent person designated by the affected employer. All who will be performing work from an aerial lift will show documented proof of training prior to using the lift. Steel plates or equipment mats will be placed on the ground above any utility/ steam tunnel if there will be Aerial lifts operating on them. Workers will be tied off at all times when using an aerial lift.
Chemical and Materials: All Materials and chemicals used on-site will have Safety Data Sheets (SDS) provided before being brought onsite.
- SDS sheets on file in Consigli Construction’s Site Safety Plan
- All SDS sheets shall be readily accessible.
** Please review chapter 20 for additional details.
Fire Protection: The Consigli hot work permit program will be implemented for any hot-work that is required. This will be coordinated through Consigli, and Boston Fire Department. Any hot work will stop one hour before the regular end of the day work stoppage. Flammables will not be stored inside the building or left overnight on the scaffold or in the building. 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 extinguishers will be provided for every 3000 square feet. They will be installed on job made stands and conspicuously located throughout. They will be part of the daily inspection with the extinguisher log completed monthly. Storage of any acetylene cylinders will be done in a secure and upright area, with good ventilation and under permit from the Boston Fire Department. This will be a strict no smoking project. All penetrations leading outside of the construction area will be fire stopped using approved fire rated material prior to the end of each shift. ALL workers will comply with the 241 plan and BFD/NFPA Hot Work Training Requirements.
**Review Chapter 17 for more detail.
Electrical: 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… 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. 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. 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 weekly to assure proper function with a log book filed with CCC monthly. No live electrical work will be conducted.
**Review Chapter 26 for more detail
Cranes: A full time tower crane, mobile track crane and hydro crane will all be used during the project. Crane work plans must be submitted to the CCC safety Department prior to crane mobilization on-site. This work plan must also include the FAA criteria letter of determination with regards to crane proximity to flight lines. There is a requirement to assure that certified riggers, signalmen, and crane assemblymen are utilized. All picks are to be done by a licensed operator. As previously mentioned, a detailed pick plan will be required to assure that no picks are critical in nature. Critical picks are defined as those involving 2 cranes lifting simultaneously, a pick that is over 75% of capacity, a pick that involves the lifting of a man basket, or any other lift that is deemed to involve special conditions. Location and set up will be reviewed with crane operator prior to set up and pick. 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. 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.
2. All lattice boom cranes will have an independent 3rd party inspection completed each time one is set up on the project, after assembly and prior to operation.
3. All equipment operators will be required to have in their possession all appropriate licensing and training as required by OSHA and the Commonwealth of MA.
4. All underground vaults and existing utilities will be marked before as well as before any crane is set up.
5. Documented rigging equipment inspections.
6. Documented daily crane inspections filed with CCC weekly.
7. Documented rigger and hand signalman training will be provided
** Please review chapter 24 for additional details.
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 no matter how minor must be reported to Consigli Superintendent immediately. The superintendent will then report all injuries to the CCC Safety Director/Safety 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. Consigli Construction shall follow Site Safety Plan for first Aid.
Report all incidents to the Safety Director: Bryan Kingsbury (508) 808-9359
** Please review chapter 1 and 27 for additional details.
Substance Abuse: As a condition of employment, all workers 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. Please see attached drug testing policy at the end of this document.
Emergency Management Response: In the event of an Emergency the construction workers shall leave the building immediately. Point of assembly/muster shall be at the designated location on the outside of the site office (as identified on the posted evacuation plan). 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 (refer to site evacuation plan) 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 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.
Minimum Site Safety Requirement: All Consigli workers, and any subcontractors, shall have, at a minimum, an OSHA 10 Hour Construction Safety Outreach training certificate and shall provide documentation of training.
Personnel Protective Equipment (PPE): All CCC and sub contractor workers will wear hard hats and safety glasses at all times. All CCC personnel performing work with their hands shall be required to wear gloves that are cut resistant 6. When not performing actual work with their hands 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.
Restricted Areas: Contractor and subcontractors’ employees shall enter and exit the building through the designated employee entrances. All contractors must use sanitary facilities provided by Consigli Construction. Work in areas accessible to the public, including deliveries through such areas, shall occur only during hours designated by Consigli.
Lean requirements/Materials Management/Housekeeping:
- No materials shall be delivered to the site earlier than 3 days before said materials are to be installed/put into place. If materials have to be delivered before that 3 day time period, subcontractor shall get prior approval from Consigli Superintendent. Because of this, notification / scheduling is required for all deliveries to the site. Subcontractors must notify Contractor at least 24 hours in advance. Contractor has the right to refuse any deliveries not properly scheduled or due to logistical constraints as necessary.
- All subcontractors’ delivered materials shall be placed on wheeled carts, wheeled racks or in wheeled bins so as to necessitate easy relocation in the event materials need to be moved. Carts, racks, or dollies shall not exceed manufacturers intended weight loads. Materials/tools can be delivered and stored on pallets only if pallet jacks are delivered simultaneously with said delivery to provide for ready mobility. Additionally, pallet jacks need to remain in immediate area. Each subcontractor will need to supply their own pallet jacks for their own materials and keep their pallet jack within reasonable distance at all times.
- All work stations shall be provided with wheeled trash bins for immediate placement of all debris produced as a part of the subcontractors operations. All trash will be immediately placed in wheeled containers provided by Consigli.
- All subcontractors shall use rubber wheeled carts when moving material or removing trash from a building. Any damage caused by the Subcontractor shall be repaired at the cost of the Subcontractor. Back charges will be appropriately assessed for the cost of the repairs. No trash or materials shall be left on the floor.
- Subcontractors shall, where feasible, elevate all electrical extension cords, hoses, or cables – removing them from all walking/working surfaces. Electrical Cords, when elevated shall be supported or suspended in a manner that does not subject them to damage.
- Storage of delivered materials in cardboard containers shall be discouraged. When materials must stay in cardboard containers, said containers shall be removed from the projects immediately after product is unpacked.
- Subcontractor will participate in schedule development meetings as required by Consigli.
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Environmental Emergency Contact and Management Response
Consigli identified Emergency Response Subcontractor:
Name: Cyn Environmental Services, Inc. (800)242-5818
Asbestos: Asbestos has been identified in the building. Asbestos abatement will be completed by a licensed/certified contractor. Asbestos has been found in the planned work areas. The complete table and “List of Materials tested, Quantities, and Locations” can be found with the hazardous material report. 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. All identified asbestos will be fully abated by a licensed and regulated asbestos abatement contractor under a formal plan to be written, submitted and in accordance with the DEP.
IT IS THE RESPONSIBILITY OF ALL SUBCONTRACTOR FOREMEN TO REVIEW THE HAZARDOUS MATERIAL REPORT & CORRESPONDING ABATEMENT REPORT WITH THEIR WORKERS. A copy of the hazardous Material/abatement report will be on site at all times and available to anyone request it.
Due to the fact that some asbestos may remain in place and not be abated during construction all workers will need to have at a minimum Asbestos awareness training.
All work and disposal will be done in compliance with state and federal regulations and standards
Lead: For renovation projects, all painted surfaces both interior and exterior of the existing must be considered lead containing, unless tested and show as otherwise. Consigli workers who will need to perform work on these painted surfaces 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 by all subcontractors for all tasks prior to when the full scale of this work is to take place. This does not mean that lead 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. All workers on this must have completed Lead Awareness training prior to starting on this project. Hand wash stations will be provided to ensure proper hygiene during the project. An exposure assessment will also be done for any task which will disturb any lead containing material.
Silica: 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; and 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.
There will be no dry cutting of any masonry material allowed; if water cannot be used then a dustless vacuum system consisting of HEPA dustless vacuum system will be used. Prior to the project going full scale an exposure assessment of a worker grinding and cutting masonry while using the HEPA system an exposure assessment will be done so as to establish the silica exposure level. No respirators will be issued 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.
Polychlorinated Biphenyl’s (PCBs): At this time there are no activities which are planned which would disturb any surface with suspect amounts of PCB’s. This does not mean that regulated levels of PCB’s 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.
Light ballast unless labeled “No PCB’S” will be designated PCB containing, 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 the building owner. All other inquiries or locations in regards to PCB containing material can be located in the Hazardous Material survey. If identified on any of the materials to be impacted, PCB‘s will be abated. Any and all PCB remediation will be performed by a licensed /qualified contractor
** Please review chapter 29 for additional details
Freon/Glycol: All Freon/Glycol materials will be removed from equipment and stored per manufacturer’s recommendations before it is disturbed, moved or removed. 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.
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.
** Please review chapter 22 for additional details
Noise: Noise exposure will be a concern, so all operations must be coordinated with the Consigli Superintendent to limit any excess noise impact on the surrounding areas. All activities and tasks which may cause loud noise will be monitored.
** Please review chapter 29 for additional details
Exposure to the Visitors, Neighbors, and Occupants: Consigli will provide temporary barricades and other forms of protection required to protect the general public from injury due to construction activities. Contractors must provide all temporary barriers necessary to protect adjacent areas from dust, noise, etc.
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
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.
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.
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 Allston LabWorks 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.
I. Allston LabWorks PROJECT WORKERS/JOB APPLICANTS
1. Prior to commencing work, all Allston LabWorks 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 Allston LabWorks 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 Allston LabWorks 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 Allston LabWorks 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 Allston LabWorks 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
- Disciplinary Rules: This Allston LabWorks 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. Allston LabWorks Project’s disciplinary rules for drug related conduct will be as follows:
- Possession of illegal drugs on the job or in a job status – Permanent bar from the project.
- Use of illegal drugs on the job or in a job status – Permanent bar from the project
- 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
- 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 Allston LabWorks 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 Allston LabWorks 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 Allston LabWorks Project.
- 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 Allston LabWorks Project that recreational use or abuse of prescription drugs will be treated the same as use of illegal drugs.
- 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:
- Pre-Placement / Pre-Employment.
- 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 Allston LabWorks 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.
- 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
- 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.
- 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.
- 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.
- 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 Allston LabWorks Project’s Safety Manager.
- 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.
- 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.
- 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 Allston LabWorks Project at its expense. The laboratory shall endeavor to notify the employee/applicant and the Allston LabWorks 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.
- 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 Allston LabWorks Construction Manager to establish, in any case arising from a positive test result, that the appropriate chain of custody has been maintained.
- Employees must execute any documentation necessary to release report of test results to the Allston LabWorks 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.
Working Safely With COVID 19
- Employees experiencing any symptoms (runny nose, headache, cough, sore throat and/or fever) shall stay home and contact your Supervisor. Supervisors should immediately communicate any individuals reporting symptoms to the Consigli Superintendent.
- Any employee that has had contact with someone that has a presumed positive for COVID-19 or someone awaiting testing COVID-19 should stay home and contact their supervisor. Supervisors should immediately communicate any individuals reporting potential contact to the Consigli Superintendent.
- Any individuals that have traveled outside of the United States should stay home and contact their supervisor. Supervisors should immediately communicate individuals reporting foreign travel to the Consigli Superintendent to discuss authorization to work on site.
** This Screening Protocol will be, maintaining proper 6’ spacing, with everyone on site at the start of every shift. **
The following GUIDELINES need to be followed
- Consigli Project Team shall communicate with our customer to confirm we are in compliance with all facility work rules.
- All subcontractor’s Project Managers, Assistant PM’s, Safety Officers, etc. should work remotely.
- Any site visits by non-essential personnel should be discussed with the Consigli project team.
- All meetings will be done via Skype or conference calls.
- All vendors and delivery drivers are prohibited from entering the site. When deliveries arrive near the site, contact the Consigli Superintendent for direction.
- Avoid cafeterias and high activity areas.
- When possible eat outside or in isolated area.
- As much as possible avoid intermingling with other crews or groups
- Prohibit all food and drink inside the work areas
- Any lunch rooms within the work areas should be closed
- Wash or sanitize hands frequently
- Always before and after any lunch period or break time
- Maintain social distancing when practical
- Preferably maintain at least 6’ between yourself and others
- If working with a partner is required assure proper hygiene practices are followed
- Disinfect frequently touched objects and surfaces, such as tools, keyboards, light switches and tables at least twice per day. Most household cleaners, such as bleach wipes or alcohol, will kill the virus.
- Utilize proper etiquette when coughing or sneezing
- Discontinue the use of community water, coffee, or food
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 Allston LabWorks (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:
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.
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