5.22.1. In General. The Contractor shall be responsible for initiating, maintaining, and supervising all health and safety precautions and programs in connection with the performance of the Contract. The Contractor is responsible for the implementation of all Federal, State, and local health and safety requirements.
5.22.2. The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury, or loss to:
5.22.2.1. employees on the site and other persons who may be affected thereby;
5.22.2.2. the Work, materials, and equipment to be incorporated therein, whether in storage on or off the site, under the care, custody or control of the
Contractor, Subcontractors, or Sub-subcontractors;
5.22.2.3. other property at the site or adjacent or in close proximity thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction; and
5.22.2.4. any other property of the City, whether or not forming part of the Work, located at the site or adjacent thereto in areas to which the Contractor has access.
5.22.3. Notices and Compliance. The Contractor shall give notices and comply in all other respects with applicable laws, ordinances, rules, regulations, codes, and lawful orders of public authorities bearing on the safety of persons or property or their protection from damage, injury, or loss. The Contractor shall notify owners of adjacent and nearby properties of underground facilities and utility owners when prosecution of the Work may affect them and shall cooperate with them in the protection, removal, relocation, and replacement of their property.
5.22.4. Erection and Maintenance of Safeguards. The Contractor shall erect and maintain, as required by existing conditions and the terms of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards,
promulgating safety regulations, and notifying owners and users of adjacent and nearby sites and utilities.
5.22.5. Hazardous Materials and Equipment.When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under the
supervision of properly qualified personnel.
5.22.6. Damage to Property. The Contractor shall promptly remedy damage and loss to property referred to above. If the damage or loss is due in whole or in part to the Contractor's
failure to take the precautions required herein, the Contractor shall bear the cost, subject to any reimbursement to which the Contractor is entitled under property insurance required by the Contract Documents. The Contractor shall be fully and solely responsible for all Work and other operations carried out on adjacent properties. The insurance required under Article 8 shall cover such Work or operations, and the Contractor shall indemnify and defend the City, the
Design Professional, and the owners of such adjacent or nearby properties from and against all claims, suits, losses, or costs arising out of such Work or operations.
5.22.7. Fire Protection Equipment and Services. The Contractor shall provide and maintain in good operating condition suitable and adequate fire protection equipment and services and shall comply with all reasonable recommendations regarding fire protection made by the representatives of the fire insurance company carrying insurance on the Work or by the local fire chief or fire marshal. The area within the site limits shall be kept orderly and clean and all combustible rubbish shall be promptly removed from the site.
5.22.8. Protection of Excavations, Trenches, etc. The Contractor shall at all times protect excavations, trenches, buildings and materials from rain water, ground water, backup or leakage of sewers, drains and other piping, and from water of any other origin and shall remove promptly any accumulation of water. The Contractor shall provide and operate all pumps, piping, and other equipment necessary to this end.
5.22.9. Snow and Ice Removal. The Contractor shall remove snow and ice that might result in damage or delay.
5.22.10. Safety Representative. The Contractor shall designate a qualified and experienced safety representative at the site whose duties and responsibilities shall be the
prevention of accidents and the maintaining and supervising of safety precautions and programs.
5.22.11. Weather Protection. (Reference: M.G.L. c. 149, §44F(1).) The
Contractor shall install weather protection and furnish adequate heat in the protected area from November 1 through March 31.
Kennedy School Playground 00430
sufficient number of security personnel at the Site at all times when the Contractor's personnel are not present, from commencement of the Work until Substantial Completion to assure that the Site, the facility, and the Work, and all materials and equipment stored at the Site are fully and completely protected against loss or damage due to vandalism, theft, or malicious mischief. If the
Contractor elects, in addition, to use guard dogs for this purpose, each dog shall at all times be accompanied by an adult handler. If the Contractor fails to comply with the requirements of this paragraph, then the City may provide appropriate security and charge the cost thereof to the
Contractor. The City's provision of such security, or failure to do so, shall not relieve the
Contractor of its responsibility to pay for loss or damage due to vandalism, theft, or malicious mischief at the Site.
5.22.13. Hazard Communication Programs. The Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communications information required to be made available to or exchanged between or among employers at the site in accordance with laws, codes and regulations.
5.22.14. Noise Pollution Control. The Contractor shall comply with all applicable provisions of Somerville Municipal Code §9-109.