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a. Safety is a critical requirement of this contract. As such, the safe performance of work by the Prime Contractor and its subcontractors is a contract requirement. Failure by the Prime Contractor or its subcontractors to work safely shall be viewed by Auburn University and its Construction Manager as a failure to execute contract requirements.
b. As a specialist in its field of work, the Prime Contractor accepts complete responsibility for performing its work safely. This includes sole responsibility for the health and safety of its employees, agents, subcontractors (and their employees) and any other person on or adjacent to the area. Prime Contractor’s responsibility includes compliance with all current laws, codes, ordinances, rules, regulations, standards and requirements of applicable public and private agencies and authorities (“Laws”). Prime Contractor must take all measures and safeguards necessary to protect: (1) employees, (whether or not working for the Prime Contractor), (2) employees and agents of Auburn University, the Construction Manager and other Contractors, (3) members of the general public and (4) public and private property.
c. Auburn University, its Construction Manager, and the Prime Contractor recognize that the Prime Contractor is an independent contractor, with responsibility for its means and methods and the safety of its workers and that Auburn University or its Construction Manager are not intended to be and shall not be considered an employer of Prime Contractor’s employees. As such, it shall be Prime Contractor’s duty to monitor the performance and practices of its employees and subcontractors for safety, to insure that the practices and methods of performing the work are safe and to immediately stop any unsafe practices by its employees or its second or subsequent tier subcontractors (“subcontractors”) or their employees. No actions taken by Auburn University or its Construction Manager to monitor practices or performance of the work for safety or to stop any unsafe practices by Prime Contractor or its subcontractors shall be construed to suggest or imply that Auburn University or its Construction Manager has or has assumed any obligation or duty to take such actions.
d. Prime Contractor accepts complete responsibility for compliance with safety procedures and policies issued by Auburn University or its Construction Manager and/or contained in the Contract Documents and compliance with all applicable Laws, relating to health or safety, including, but not limited to the Occupational Safety and Health Act of 1970, as amended, and the regulations and standards of the Occupational Safety & Health Administration and similar state agencies (“OSHA”) (“Health and Safety Laws”). Prime Contractor shall cooperate and coordinate with Auburn University, its Construction Manager, and all other Contractors and subcontractors in their respective safety programs. In exchange for one hundred dollars ($100.00) and other good and valuable consideration, the amount of which is included in the Price, Prime Contractor agrees to defend, indemnify and hold harmless Auburn University and its Construction Manager and their officers, directors, agents and employees from and against any loss, liability, expense (including attorneys’ fees), citations, assessments, fines or penalties resulting from any citation for, allegation of or violation of any Health or Safety Laws attributable in whole or part to the acts or omissions of Prime Contractor, its subcontractors “or their agents or employees. Prime Contractor’s obligations hereunder shall not be limited as to amount or type of damages by the provisions of any worker’s compensation act, disability act or other employee benefit act or by any insurance policy.
e. All obligations and requirements of “Prime Contractor” in this document also apply to Prime Contractor’s subcontractors. No person or entity performing work for or on behalf of Prime Contractor is excluded from compliance.
f. Prime Contractor shall comply with the safety-related recommendations of Auburn University or its Construction Manager and insurance companies having an interest in the Project unless such recommendations would violate applicable Laws. Prime Contractor shall provide written responses to any Auburn University, Construction Manager, or insurance company safety inspection outlining corrective actions and action plans to prevent recurrence.
2. The Role of the Construction Manager Regarding SAFETY:
a. The Construction Manager shall serve as Auburn University’s agent on this project to ensure that all contract requirements relative to safety and the safe performance of work are being met. The Construction Manager shall monitor the work performed to determine whether the Prime Contractor’s safety program is resulting in compliance with the contract requirements for safety. The Construction Manager shall take actions as necessary with the Prime Contractor to ensure that work is being completed in compliance with the safety requirements of this contract. The Construction Manager shall advise Auburn University regarding the Prime Contractors compliance with contract safety requirements, as appropriate.
b. The Construction Manager shall conduct and/or ensure the following meetings are conducted to help ensure safe execution of the work:
The Prime Contractor, and their respective subcontractors, shall participate in these meetings as directed by the Construction Manager.
3. Areas Where Auburn University’s Safety Requirements Exceed OSHA’s
a. As stated in paragraph 1 above, OSHA safety requirements are the standard to which the Prime Contractor and its subcontractors must adhere.
b. However, in the following areas, the safety requirements on this contract will exceed OSHA requirements:
1926.21 – Safety Training & Education (Confined Space):
Auburn University requires subcontractors engaged in confined space work follow procedures similar to general industry standards (1910.146) as no confined space standards have been established for construction.
1926.25 – Housekeeping:
Auburn University requires continuous housekeeping efforts.
1916.28 – PPE
1926.50 – Medical Services & First Aid
Regardless of reasonable accessibility to a medical care facility Auburn University requires each contractor to have a minimum of two (2) trained employees in first aid & CPR available at all times while the Contractor is working on site.
1926.100 – Head Protection
Auburn University requires hardhats be worn at all times in construction areas regardless of overhead exposures (exception – cab of covered equipment)
1926.102 – Eye Protection
Auburn University requires eye protection be worn at all times in construction areas regardless of exposure.
1926.404 – Wiring Design & Protection (Electrical)
Auburn University does not permit the use of an assured grounding program on site in lieu of use of GFCI (Ground Fault Circuit Interrupters).
1926.416 – General Requirements (Electrical)
Electrical tie-ins shall be conducted only on de-energized systems. If a condition makes this impossible, then a pre-task meeting with Auburn University is required. All energized work “live work” shall conform to NFPA 70E (Standard for Electrical Safety in the Workplace).
Auburn University does not permit electrical tape to be used to repair incidental damage to the outer jacket insulation of an extension cord. The cord must be repaired or replaced.
Subpart K – Electrical
Extension cords used with portable tools must be of a heavy duty 3-wire type and must be 12 gauge or greater.
1926.451(g) – General Requirements (Scaffolding)
Auburn University requires scaffolds have all open ends protected at 6 feet or greater.
1926.451(g) (2) – General Requirements (Scaffolding/Fall Protection)
Auburn University requires fall protection be used during scaffold erection and dismantling. The decision is not left with the competent person to determine feasibility of fall protection.
Subpart M – Fall Protection
100% Fall Protection is required above 6 feet. (Note: also see paragraph 16 of this specification section)
Note: Exceptions provided within the Occupational Safety and Health construction standards for the use of non-conventional fall protection measures (i.e., fall protection plans, controlled access zones, safety monitors) are not permitted by Auburn University. Therefore, where any employee is exposed to a fall (6) six feet or greater, where passive fall protection cannot or has not been installed (i.e., guardrails, safety nets, etc.), Subcontractor shall provide its employees with a fall restraint/fall arrest system that protects its employees 100% of the time. This requirement does not apply to ladder access and egress unless required by OSHA.
1926.550 (a) (6) – Crane Inspection
Auburn University requires that the annual inspection be completed by a third party prior to the crane being used on the project. Auburn University does not accept an annual inspection by a Prime Contractor “competent” person or company employee as proof. (Note: also see paragraph 16 of this specification section)
1926.1053 – Ladders
Auburn University requires that job built ladders be built in accordance with ANSI a14.4. Portable metal ladders shall not be used on the construction project
c. The Prime Contractor and its subcontractors shall conform to these more stringent safety requirements as part of the terms of this contract.
4. SITE SAFETY PLAN
a. Proper planning is the key to safe performance. This planning will be accomplished through the submittal of a Site Safety Plan.
b. The Prime Contractor shall submit a site-specific safety plan (“Site Safety Plan”) for its work to Construction Manager within thirty days of contract execution (time permitting). Regardless, no work on site shall be performed until the Site Safety Plan has been received. Delay in submitting a written Site Safety Plan will not constitute grounds for a contract schedule extension or delay claim related to Prime Contractor not being permitted to work. The Site Safety Plan must comply with applicable Laws and be updated as required as the project progresses.
c. Appendix A of this Attachment provides the required format for the Prime Contractor’s Site Safety Plan. All items and topics listed in Appendix A must be covered, as applicable, in the Prime Contractor’s Site Safety Plan. The Construction Manager may waive certain sections deemed to be not applicable to this project or site, but in general, the requirement will be to cover all items listed.
d. Activity Hazard Analyses: A key component of the Site Safety Plan is Activity Hazard Analyses (AHA). Appendix B to this Attachment details the requirements for the Prime Contractor in submitting AHAs.
e. Construction Manager’s review of, or comment on, the Site Safety Plan or any other safety plan, policy or procedure, shall not relieve the Prime Contractor of any responsibility or liability for the Site Safety Plan or such other safety plans, policies, or procedures. Upon review of the Site Safety Plan, Construction Manager reserves the right to advise Prime Contractor of deficiencies and recommend necessary changes or enhancements; however, Prime Contractor shall remain ultimately responsible for implementing a Site Safety Plan compliant with applicable Laws and for completing the work in accordance with the Site Safety Plan.
5. OSHA 10 HOUR TRAINING
a. Prime Contractor is responsible for ensuring that Prime Contractor and all of its subcontractors have at least one (1) member of their full-time supervisory staff on-site during all operations who has been certified or is currently enrolled in a 10-Hour OSHA Safety Training course. Prime Contractor and all of its subcontractors whose contract volume exceeds five million dollars ($5M) are required to have at least one additional OSHA 10-Hour certified person on site at all times. Prime Contractor and its subcontractor(s) shall provide the names of certified persons and a copy of their OSHA certification cards or enrollment certification to the Construction Manager prior to project mobilization.
6. SAFETY SUPERVISORS AND COMPETENT PERSONS
a. Prime Contractor shall appoint one or more individuals to be responsible for safety on each contract (“Safety Supervisors”). The Safety Supervisors must be employed in a supervisory position, empowered by Prime Contractor to take corrective action; be present on the Project while work is being performed; and spend the amount of time necessary to ensure Prime Contractor’s compliance with safety requirements. Prime Contractor shall submit, in writing, the name or names of the Safety Supervisors prior to project mobilization.
b. In addition to the Safety Supervisors, Prime Contractor must identify, for each operation, whether the Safety Supervisor(s) or another individual is the “competent person.” The competent person must be an individual deemed and qualified as a competent person as required and defined by OSHA as: “one who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them” or such other definition as OSHA regulations may contain.
c. Prime Contractor acknowledges that the Prime Contractor’s most senior level manager present on the Project while work is being performed is ultimately responsible for all safety management activities of said Prime Contractor and its subcontractors.
d. Should Auburn University or its Construction Manager reasonably determine that any Safety Supervisor and/or competent persons or manager is not fulfilling his duties, The Construction Manager may direct Prime Contractor to remove and replace said individual at Prime Contractor’s sole expense without delay. Construction Manager’s right to take such action shall not be construed as an obligation on the part of the Construction Manager to do so or as an obligation by Construction Manager to evaluate, monitor, or control Prime Contractor’s Safety Supervisors, competent persons or managers.
7. COMMUNICATION WITH NON-ENGLISH SPEAKING WORKERS
a. Prime Contractor shall provide a translator at all times when Prime Contractor or its subcontractors has non-English speaking workers on-site.
b. This individual must be identified to Construction Manager prior to mobilization and shall be present during all work operations, specifically including, but not limited to, all employee meetings, when Prime Contractor (or its second or subsequent tier subcontractors) has non-English speaking workers on site.
8. PRESENCE OF INDIVIDUALS TRAINED IN FIRST AID/CPR
a. Prime Contractor is responsible for ensuring that Prime Contractor and all of its subcontractors have a minimum of two (2) full time persons trained in first aid and CPR (“First Aid Responder”) who is on site at all times while Prime Contractor or its subcontractors are working
b. Prime Contractor will maintain written certification of First Aid Responder’s training and make documentation available to Construction Manager upon request.
c. Prime Contractor shall have adequate first aid and emergency medical equipment on site as necessary.
9. PRIME CONTRACTOR SAFE-START MEETING
a. Prior to mobilization, Prime Contractor and its subcontractors must schedule and attend a Prime Contractor Safe-Start Meeting with the Construction Manager. Prime Contractor maintains responsibility for scheduling and participating in this meeting with its subcontractors. Prime Contractor participation in this meeting must include the Prime Contractor’s project manager or equivalent senior manager, the superintendent and/or supervisor who will be managing the project, the Prime Contractor’s designated Safety Supervisors and any designated competent persons.
b. No work on-site shall be performed until the Safe Start Meeting has been completed and Prime Contractor has submitted all documentation required by Construction Manager. Delay in scheduling this meeting and/or providing required documentation will not constitute grounds for a contract schedule extension or delay claim related to the Prime Contractor or its subcontractors not being permitted to work.
10. proJect Safety Meetings
The Construction Manager shall lead project safety meetings between all the Prime Contractors. The purpose of these meetings shall be to review: (1) safety problems on the job site, (2) courses of action to take to eliminate those safety problems, (3) hazards associated with upcoming activities of each Prime Contractor and (4) the Prime Contractor’s plans to mitigate those hazards.
11. SAFETY TRAINING AND ORIENTATION
a. Prime Contractor acknowledges its responsibility to provide its employees and the employees of its subcontractors with a Project specific orientation prior to performing work on the Project. Topics covered must be relevant to the tasks the employees will be required to complete on the Project in addition to any site-specific requirements. Prime Contractor shall maintain training documentation on-site and make it available for review by Construction Manager if requested.
b. The Construction Manager may require Prime Contractor’s employees and the employees of its subcontractors to participate in an additional Project orientation conducted by the Construction Manager. This training will not replace the orientation training referenced in section (8.a) and Prime Contractor acknowledges that any Project orientation conducted by the Construction Manager is solely for the purpose of an introduction to the Project site. Prime Contractor shall be solely responsible for conducting Project site hazard assessments, for providing appropriately trained competent persons and Safety Supervisors and for orientation and training of all of its employees on the Project site.
c. Where applicable Laws require the performance of certain duties by individuals having specified training or certification, Prime Contractor agrees that such duties shall be performed only by individuals having the required training or certification at no additional cost to Construction Manager even if new or additional training is necessary to meet such requirements. Prime Contractor shall be responsible for determining what, if any, additional training is required and prior to commencing work shall provide all training, including any specialty training required by OSHA and other public or private authorities, to its employees and employees of its subcontractors. Prime Contractor shall maintain documentation of such training and make it available for inspection by the Construction Manager for the purpose of confirming the training. Prime Contractor shall be solely responsible for assessing the content of the training and ensuring that all required training is completed.
d. Prime Contractor’s supervisors and employees will be required to attend a weekly safety meeting conducted by the Construction Manager. Prime Contractor must ensure its subcontractors’ participation.
e. Prime Contractor must attend, at no cost to the Construction Manager, all safety and health meetings relating to Prime Contractor’s work on the Project site.
12. ACCIDENT/INCIDENT REPORTING
a. Any accident, incident, allegation or citation relating to Health and Safety Laws involving Prime Contractor or its subcontractors must be reported to the Construction Manager immediately whether or not the incident results in employee injury, property damage, or damage or injury to any third party. A preliminary accident/incident report must be forwarded to the Construction Manager’s Superintendent before the end of the shift, and the completed report submitted within 24 hours unless the Construction Manager grants Prime Contractor’s written request for a time extension. In addition to the completed report, Prime Contractor shall also timely submit any additional documentation relating to the incident requested by the Construction Manager or required by applicable Laws. Such documentation may include, but is not limited to, the following (a) a copy of “Employer’s First Report of Injury” (in the event of an injury); (b) a copy of all property or casualty insurance claim reports; (c) a copy of any and all OSHA inspection or citation reports; and (d) a copy of any drug test obtained as the result of any incident.
b. In the event of an accident or incident involving Prime Contractor or its subcontractors, Prime Contractor will cooperate fully with the Construction Manager in addressing any and all issues relating to the accident or incident, including making its employees and other resources and materials available for any investigations, meetings, insurance inspections, attorney reviews or other actions deemed necessary by the Construction Manager. Prime Contractor acknowledges time is of the essence in providing the support the Construction Manager deems necessary in response to an incident/accident. Should Contractor determine third party support is necessary to aid in investigation or mitigation of damages, Prime Contractor will request, arrange and pay for such support services.
c. Prime Contractor shall provide to the Construction Manager, by the 5th day of each month, for each previous month in which it conducted or oversaw work on the Project, an Accident Statistical Report to include: all accidents that have occurred during the month, classification of such accidents, lost and/or restricted days, and total man-hours worked for the month. The report shall include cumulative totals and be broken-out for the Prime Contractor and its subcontractors.
13. DRUG TESTING
a. It is Auburn University policy that:
(1). All construction contractor personnel working at the University must be drug free.
(2). All prime contractors and their respective subcontractors will have an effective drug testing program.
b. All prime contractors, and their respective subcontractors, must certify at the start of the project, that their employees have been drug tested within the last 12 months from the date of the their respective NTP date.
c. All prime contractors and their respective subcontractors need to have a drug testing policy and program. All prime contractors shall advise Auburn University and its Construction Manager of what the company policy and program is for drug testing, how it is administered on a general basis and how it will be administered during the course of this contract. Documentation that the prime contractor has a Drug Free Workplace program certified by the State of Alabama will meet this requirement. Prime contractors must recertify with invoices that they are drug testing and tell how many test were performed during the invoice period.
d. Prime contractors and their subcontractors shall be required to drug test employees after a safety incident. At a minimum, the person involved in the incident and others who may have contributed to the incident shall be tested.
e. Auburn University or its Construction Manager reserves the right to request drug tests on any personnel who exhibit signs or behavior that they may be impaired or under the influence of drugs or who are operating in an unsafe manner. Auburn University reserves the right to conduct the following types of drug tests: random (groups of people), reasonable suspicion (individual), or project (all personnel) sweep testing. These drug tests will be administered by the Construction Manager.
f. Any personnel who fail to pass a drug test shall be removed from this project, and any other Auburn University project, for the duration of this contract.
14. OSHA INSPECTIONS
a. Prime Contractor shall contact the Construction Manager immediately if an OSHA compliance officer arrives at the job site and shall inform the Construction Manager of any employee complaint, incident, or other event that results in or is likely to result in an OSHA Inspection.
b. Prime Contractor shall forward a copy of any and all OSHA inspection or citation reports to the Construction Manager upon receipt.
c. As part of indemnification set out in Article 18, should Auburn University or the Construction Manager receive an OSHA citation arising out of or relating to an act or omission of Prime Contractor or an act or omission for which Prime Contractor is also issued a citation, Prime Contractor will pay all costs associated with the defense of Auburn University or the Construction Manager during any proceedings with OSHA or related litigation or claims, including but not limited to attorney fees (said attorneys to be selected by the Construction Manager), expert witness fees, time associated with the Auburn University or the Construction Manager’s personnel in conjunction with this citation, costs, including but not limited to costs of photographs, and video tapes, and any fines. Additionally, if requested by the Construction Manager, Prime Contractor will make available its employees, records and other resources the Construction Manager deems necessary for its defense.
15. HAZARD COMMUNICATION
Prime Contractor is required by OSHA regulations to institute a hazard communications program, as part of which it must inform both the Construction Manager and all other trade subcontractors on the Project site of any hazardous chemicals Prime Contractor is using on the Project. Prime Contractor must also provide the Construction Manager and all other trade subcontractors with copies of Material Safety Data Sheets (MSDS), warn of the existence of any hazardous chemicals in the work area, ensure that any containers of hazardous chemicals are appropriately labeled, and maintain an inventory of any such chemicals.
16. PHYSICAL CONDITIONS – Topics identified within this section are included to add emphasis to the Construction Manager’s requirements and are not intended to be all inclusive. As previously referenced, this specification provides summary guidance regarding certain health and safety items and should be reviewed in conjunction with and not as a substitute for the Safety Policy and all applicable Laws relating to the operations Prime Contractor will perform.
a. FALL PROTECTION
(1). Prime Contractor acknowledges and adopts the Construction Manager’s zero tolerance policy for fall prevention and protection infractions and understands anyone found violating this policy may be removed from the site immediately.
(2). Prime Contractor shall provide its employees with and enforce the use of 100% fall prevention/protection system whenever its employees are exposed to a fall (6) six feet or greater, including but not limited to any walking/working surface (horizontal and vertical) with an unprotected edge, leading edge work, roof work, steel erection, metal decking, pre-cast operations, overhand brick or block laying, or scaffold erection.
(3). Prior to commencing work, Prime Contractor must provide the Construction Manager with an OSHA compliant fall prevention and protection plan specific to the Prime Contractor’s operations. Prime Contractor acknowledges and understands that the exceptions provided within the Occupational Safety and Health construction standards for the use of non-conventional fall protection measures (i.e., fall protection plans, controlled access zones, safety monitors) will not be permitted on this Project. Therefore, where any employee is exposed to a fall (6) six feet or greater, where passive fall protection cannot or has not been installed (i.e., guardrails, safety nets, etc.), Prime Contractor shall provide its employees with a fall restraint/fall arrest system that protects its employees 100% of the time. This requirement does not apply to ladder access and egress unless required by OSHA. Additionally, unless required by OSHA, this requirement does not apply when employees are making an inspection, investigation, or assessment of workplace conditions prior to the actual start of construction work or an inspection after completion of construction work.
(4). If Prime Contractor is required to remove any fall prevention or protection equipment previously installed on the Project to facilitate access to its work (e.g., perimeter guardrails, hole covers, etc.), Prime Contractor must first coordinate such removal with the Construction Manager. Additionally, Prime Contractor is responsible for establishing alternate provisions to protect and warn its employees and other trades and Contractors that could be exposed to falls six (6) feet or greater as a result of the fall prevention equipment being removed. Further, upon completion of its work, and if materials installed by Prime Contractor do not eliminate the falling hazards, Prime Contractor must reinstall all previously installed fall prevention and protection equipment. If Prime Contractor fails to reinstall said fall prevention and protection equipment, reinstallation of this equipment may be done by others at Prime Contractor’s cost and expense. In all instances, Prime Contractor shall remain solely responsible for the safe removal and reinstallation of such equipment.
(5). Prime Contractor acknowledges that in addition to providing personal fall arrest equipment to its employees, Prime Contractor shall provide fall protection training in accordance with OSHA standards. Prime Contractor shall maintain training documentation on-site and make it available for review by the Construction Manager if requested.
(6). Prime Contractor’s Safety Supervisor shall ensure appropriate set up and use of all fall prevention and protection components established to protect its employees and shall adhere to all OSHA and manufacturers’ recommendations for proper set up and use.
(7). Prime Contractor shall thoroughly inspect each of its fall prevention and protection systems at least daily focusing on items including, but not limited to, whether the system is in working condition, whether the correct system is selected, whether the system is appropriately designed and instructions for use are being followed, whether the system is appropriately anchored, whether fall distances have been taken into consideration and whether all employees have been trained.
b. PERSONAL PROTECTIVE EQUIPMENT
(1). Prime Contractor shall be solely responsible for conducting a hazard assessment of the Project site in which it will be working, including an analysis of all of its work activities, for providing its employees with all safety items required by applicable Health and Safety Laws, for ensuring the appropriate personal protective equipment (“PPE”) is being issued and used for the task at hand in accordance with applicable Laws (e.g., respiratory protection, ear plugs, fire retardant clothing, gloves, hard hats, safety glasses, and face shields). If specialty training is required for use of such equipment, Prime Contractor must ensure this training is provided to its employees.
(2). All Prime Contractor personnel shall wear ANSI Z87.1 approved safety glasses with approved side shields. Persons with prescription glasses shall wear ANSI Z87.1 approved prescription safety glasses with permanently attached side shields, or ANSI Z87.1 approved goggles to cover their existing glasses 100% of the time while working on the Project site.
(3). All Prime Contractor personnel shall wear non-metallic hard hats meeting ANSI Z89.1 specifications 100% of the time while working on the Project site. This requirement specifically includes all work completed during the finishing stages of the Project.
(4). Prime Contractor personnel shall wear personal clothing and footwear that is safe for the work and any jobsite exposure. At a minimum, full-length trousers and shirts with a minimum 4-inch sleeve are required. Work boots are required for all personnel on site.
(1). The Prime Contractor shall take all necessary measures to keep the job site clean, to ensure debris is picked up and hauled off-site on a regular basis and in a timely manner, to store material in a manner that is safe and does not clutter the job site, and to police the job site or work area on a daily basis.
(2). The Owner/Construction Manager reserves the right to direct the Prime Contractor and their subcontractors to take additional measures to clean the job site if their efforts are unsatisfactory.
d. CRANES, LIFTING, AND HOISTING EQUIPMENT
(1). Prior to any crane or other lifting or hoisting equipment (“Crane”) being brought onto site by or for the use of Prime Contractor, Prime Contractor shall provide the Construction Manager with a copy of a current third party annual crane inspection. A certification sticker alone is not acceptable proof of the annual inspection.
(2). For any Crane requiring on-site assembly (e.g., lattice boom, tower, hydro with jib attached) Prime Contractor must provide the Construction Manager with a post-set up inspection and certification letter certifying that the Crane has been assembled in accordance with manufacturer’s specifications and a pre-use inspection has been conducted and the Crane meets all manufacturer’s inspection criteria.
(3). Cranes requiring no on-site assembly must be inspected prior to use and Prime Contractor must provide the Construction Manager with a certification letter certifying that a pre-use inspection has been conducted and the crane meets manufacturer’s inspection criteria.
(4). All Cranes must be inspected daily and according to manufacturer’s recommendations and the daily inspection log must be kept in the cab of the Crane and made available for review by the Construction Manager.
(5). All Cranes being brought onto site must be equipped with a functioning anti-two-blocking device.
(6). Prime Contractor must determine if work is being performed in states or cities requiring licensing for Crane operators. If so, required copies of the operator’s license must be submitted to the Construction Manager prior to operation of the crane in addition to a letter attesting that upon review of the operator’s experience and education the Crane operator is qualified and competent to operate the Crane or Cranes he/she will be required to operate on the Project. This letter must be submitted to the Construction Manager prior to operation of the Crane.
(7). In states or cities where Crane operator licensing is not required Prime Contractor must certify licensing is not required. Additionally, Prime Contractors must be able to provide proof of certification from the National Council for the Certification of Crane Operators or a letter or other written document from the Prime Contractor or subcontractors’ Crane training organization attesting that the operator meets all required certifications and that upon review of the Crane operator’s experience and education the Crane operator is qualified and competent to operate the Crane or Cranes he/she will be required to operate on the Project. This letter must be submitted to the Construction Manager prior to the operation of the Crane.
(8). Cranes may be operated only by individuals trained in their operation and possessing all required certifications as identified in Paragraph 13 vi & vii. Further, Prime Contractor must comply with said provisions outlined in Paragraph 16 vi & vii if Crane operators will be changed or replaced.
(9). Cranes must be used specifically for their designed purpose as established by the equipment manufacturer. Any deviation must be authorized by the equipment manufacturer and said authorization letter must be provided to the Construction Manager.
e. OTHER EQUIPMENT
(1). All equipment brought on site by Prime Contractor must be inspected at intervals established either by OSHA or the equipment manufacturer, whichever is more often. Any deficiencies found during the inspection must be addressed immediately or the equipment shall be taken out of service and locked and tagged out (in accordance with OSHA standards) until such time as it is repaired. Should the Construction Manager observe a piece of equipment in disrepair and notify Prime Contractor, upon notification Prime Contractor must either repair the equipment immediately or take it out of service and lock and tag it out until such time as the repair can be made.
(2). Equipment must be used specifically for its designed purpose as established by the equipment manufacturer. Any deviation must be authorized by the equipment manufacturer and said authorization letter must be provided to the Construction Manager.
(3). Equipment may be operated only by individuals trained in its operation and possessing all required certifications.
a. Prime Contractor acknowledges that certain operations require its competent person to perform inspections and implement certain procedures prior to employees performing work. Prime Contractor shall insure that a competent person takes such actions (which may include, but is not limited to, scaffold inspection, excavation inspections, lock out tag out, confined space, hot work, and crane and equipment inspections). Prime Contractor acknowledges its responsibility to determine and ensure all policies regarding inspections and procedures are followed.
b. Prime Contractor’s Safety Supervisor(s) or other competent person(s) shall inspect the Project daily for unsafe behaviors and conditions and shall address any such issues immediately. Prime Contractor shall, at least weekly, conduct a formalized project inspection and provide documentation of such inspection to the Construction Manager.
18. DISCIPLINARY ACTION/WORK STOPPAGE
a. Prime Contractor shall enforce all disciplinary procedures the Construction Manager may establish for the Project.
b. In the event that Prime Contractor or any of its employees or those of its Prime Contractors fail to comply with any health and safety requirements, or if Auburn University or its Construction Manager deems any part of the Work unsafe, the Construction Manager may require Prime Contractor to stop work and/or remove any non-complying employees or supervisors. Prime Contractor shall not be entitled to any additional time or money as a result of the Construction Manager stopping the work when the work was stopped due to the Construction Manager’s concern about safety deficiencies. Prime Contractor shall review and comply with the safety and health provisions of this contract, including but not limited to Schedule XX, the Contract Documents and the Safety Policy. Failure to comply shall be considered a breach of contract.
c. Auburn University reserves the right to retain additional funds from Prime Contractor payments if their safety performance, or that of their subcontractors, is poor.