AGREEMENT between BROWARD COUNTY and Cummings ...

Exhibit 2
Page 61 of 379
Terminal 4 Gate Replacement – Western Expansion
19.6 Safety and Protection:
19.6.1 CONTRACTOR shall be solely responsible for initiating, maintaining and
supervising all safety precautions and programs in connection with the Project.
CONTRACTOR shall take all necessary precautions for the safety of, and shall
provide the necessary protection to prevent damage, injury or loss to:
19.6.1.1 All employees and Subcontractors on the work site and other persons
who may be affected thereby;
19.6.1.2 All the work and all materials or equipment to be incorporated therein,
whether in storage on or off the Project site;
19.6.1.3 Other property at the Project site or adjacent thereto, including trees,
shrubs, lawns, walks, pavements, roadways, structures and utilities not
designated for removal, relocation or replacement in the course of
construction; and
19.6.1.4 Aircraft, people, and vehicles through a Maintenance of Traffic (MOT)
plan.
19.6.2 CONTRACTOR shall comply with all applicable laws, ordinances, rules,
regulations and orders of any public body having jurisdiction for the safety of
persons or property or to protect them from damage, injury or loss; and shall
erect and maintain all necessary safeguards for such safety and protection.
CONTRACTOR shall notify owners of adjacent property and utilities when
prosecution of the work may affect them. All damage, injury or loss to any
property referred to in Sections 19.6.1.3 and 19.6.1.4 above, caused directly or
indirectly, in whole or in part, by CONTRACTOR, any Subcontractor or anyone
directly or indirectly employed by any of them or anyone for whose acts any of
them may be liable, shall be remedied by CONTRACTOR. CONTRACTOR's
duties and responsibilities for the safety and protection of the work shall
continue until such time as all the Work is completed and PMO has issued a
notice to COUNTY and CONTRACTOR that the Work is acceptable except as
otherwise provided in Article 6.5 hereof. Provided that this Section is not
intended to preclude, or in any way limit the right of the CONTRACTOR to
assert it's rights, submit a claim, or seek recovery under any applicable policy of
insurance, including but not limited the OCIP coverage's.
19.6.3 CONTRACTOR shall designate a responsible member of its organization at the
Work site whose duty shall be the prevention of accidents. This person shall be
CONTRACTOR'S project manager unless otherwise designated in writing by
CONTRACTOR to COUNTY. This person shall work with the Owner Controlled
Insurance Program (OCIP) Safety Director and his/her designated staff
19.6.4 Contractor shall establish weekly Toolbox talks with employees to review safe
work requirements. Such talks shall be documented and all participants shall sign
a sign-in sheet to verify attendance. Refer to the OCIP Safety Manual, Exhibit 7,
for additional information on Toolbox talks.
CM @ Risk Agreement R0787918R1 Page 60 of 85