Common use of Safety Precautions Clause in Contracts

Safety Precautions. Contractor shall, and shall cause all Subcontractors to, implement and administer a safety and health program for the Plant, subject to the approval of Owner (which shall not be unreasonably withheld), which shall include: (a) development of a safety manual within ninety (90) days of issue of the Authorization to Proceed establishing Contractor and Subcontractor safety guidelines and requirements, a copy of which manual shall be provided to Owner immediately upon its development; provided that Contractor shall incorporate into such manual any and all reasonable comments of Owner; (b) conducting of weekly safety meetings, in association with Owner, with the employees and agents of Owner, Contractor, Subcontractors and Lower-tier Subcontractors; (c) development, implementation and enforcement of procedures for advising Owner (including prompt provision of safety reports concerning all accidents which take place on the Plant Premises) and employees and agents of Contractor and Subcontractors of, and correction of, safety violations and deficiencies; and (d) actions necessary to provide a safe work environment in accordance with Applicable Laws and Applicable Insurance Policies. Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to avoid damage, injury or loss as a result of Contractor's or any Subcontractor's performance of the Work to: (i) all persons employed by Owner, Contractor, Subcontractors and Lower-tier Subcontractors in connection with the Work or Owner (whether in the performance of their obligations hereunder or otherwise) and all other persons who may be affected by the performance of the Work or any of such persons; (ii) all supplies used in connection with the Plant or the Work and all materials and Equipment to be incorporated into the Plant, whether in storage on or off the Plant Premises, and whether under the care, custody or control of Owner, Contractor, any Subcontractor or Lower-tier Subcontractors; and (iii) other physical property at the Plant Premises 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 hereunder. At all times (including during Start-up, Testing and initial operation of a Unit), Contractor shall require all Subcontractors and Lower-tier Subcontractors working on or supplying materials, supplies or Equipment to the Plant Premises to comply with all safety requirements in effect at all such times.

Safety Precautions. Contractor shall, a) The Company will provide and shall cause all Subcontractors to, implement maintain adequate and administer a safety clean sanitary arrangements throughout the Company operations and health program for the Plant, subject give proper attention to the approval elimination of Owner (any conditions of employment which shall not be unreasonably withheld), which shall include: (a) development of are a hazard to the safety manual within ninety (90) days of issue and/or health of the Authorization employees. b) Where it is required, for an employee's safety or health, the use of special equipment or clothing, such equipment or clothing will be provided by the Company. Special equipment or clothing as referred to Proceed establishing Contractor in this section shall mean and Subcontractor include such items as proper guards on machines, safety guidelines and requirementshard hats, a copy of which manual safety goggles, and/or any other safety equipment that may be required from time to time under the Industrial Safety Act, the Construction Safety Act, the Worker's Compensation Act and/or regulations governing those Acts. c) There shall be provided established a joint Union Management Safety Committee composed of equal numbers of Union and Company representatives. The Union shall advise the Company of the names of its representatives. The members of the Safety Committee shall have power to Owner immediately upon take the necessary steps to prevent unsafe practices and to correct unsafe working conditions. The Committee shall have a mandate to create a safe and healthy working environment. The Safety Committee shall forward copies of its development; provided that Contractor shall incorporate into such manual any minutes to the Union and all reasonable comments Company. The Company agrees to support the activities of Owner;the Safety Committee in its efforts to create a safe workplace and reduce industrial accidents. (b) conducting of weekly safety meetings, in association with Owner, with the employees and agents of Owner, Contractor, Subcontractors and Lower-tier Subcontractors; (c) development, implementation and enforcement of procedures for advising Owner (including prompt provision of safety reports concerning all accidents which take place on the Plant Premises) and employees and agents of Contractor and Subcontractors of, and correction of, safety violations and deficiencies; and (d) actions necessary to To help provide a safe environment for fellow employees, operating welding equipment, etc., an employee shall not consume alcoholic beverages during the period from the beginning of his/her shift to the end of his/her shift or the end of his/her overtime shift. Employees shall not report for work environment in accordance with Applicable Laws and Applicable Insurance Policies. Contractor shall take all reasonable precautions under the influence of liquor. e) The Company agrees to subsidize 75% twice yearly of the actual cost of safety shoes to each employee for the purchase of green patch safety of, boots purchased by the employee and shall provide all reasonable protection upon presentation of proper receipts. The Company also agrees to avoid damage, injury or loss as a result of Contractor's or any Subcontractor's performance pay 50% of the Work to:actual cost of safety shoes beyond the twice yearly amount, but the employees must show proof of need for replacement of safety shoes. Again, green patch safety boots must be purchased and proper receipts must be presented to the Company. f) The Company will issue two (i2) pair of Cover-alls to all persons employed by Owner, Contractor, Subcontractors and Loweremployees. Plate Shop employees will have their Clock Number placed on their Cover-tier Subcontractors in connection with all. Cover-alls for the Work or Owner (whether in the performance of their obligations hereunder or otherwise) and all other persons who may Plate Shop employees will be affected issued by the performance of the Work or any of such persons; (ii) all supplies used in connection with the Plant or the Work and all materials and Equipment to be incorporated into the Plant, whether in storage on or off the Plant Premises, and whether under the care, custody or control of Owner, Contractor, any Subcontractor or Lower-tier Subcontractors; and (iii) other physical property Shop Stores. The store person at the Plant Premises Plate Shop will be responsible for Dry Cleaning Cover-alls for all Personnel with our Dry Cleaning Agent. Cover-alls for Outside Crew or adjacent theretoField Employees will be issued from our Wholesale Department. Dry Cleaning of these Cover-alls will be handled by our Wholesale personnel which is presently the case. Replacement of Cover-alls shall be on the basis of Worn or Unusable Cover-alls, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction hereunder. At all times (including during Start-up, Testing and initial operation of a Unit), Contractor shall require all Subcontractors and Lower-tier Subcontractors working on or supplying materials, supplies or Equipment being returned to the Plant Premises to comply with all safety requirements in effect at all such timesStores-Keeper.

Safety Precautions. Contractor shall, and shall cause all Subcontractors to, implement and administer a safety and health program for the Plant, subject to the approval of Owner (which shall not be unreasonably withheld), which shall include: (a) development of a safety manual within ninety (90) days of issue of the Authorization to Proceed establishing Contractor and Subcontractor safety guidelines and requirements, a copy of which manual Design-Build Firm shall be provided to Owner immediately upon its development; provided that Contractor shall incorporate into such manual any solely responsible for initiating, maintaining and supervising all reasonable comments of Owner; (b) conducting of weekly safety meetings, precautions and programs in association with Owner, connection with the employees and agents of Owner, Contractor, Subcontractors and LowerWork. Design-tier Subcontractors; (c) development, implementation and enforcement of procedures for advising Owner (including prompt provision of safety reports concerning all accidents which take place on the Plant Premises) and employees and agents of Contractor and Subcontractors of, and correction of, safety violations and deficiencies; and (d) actions necessary to provide a safe work environment in accordance with Applicable Laws and Applicable Insurance Policies. Contractor Build Firm shall take all reasonable necessary precautions for the safety of, and shall provide all reasonable the necessary protection to avoid prevent damage, injury or loss as a result of Contractor's or any Subcontractor's performance of to:  All employees on the Work to: (iProject(s) all persons employed by Owner, Contractor, Subcontractors and Lower-tier Subcontractors in connection with the Work or Owner (whether in the performance of their obligations hereunder or otherwisesite(s) and all other persons who may be affected by the performance of the Work or any of such persons; (ii) all supplies used in connection with the Plant or thereby;  All the Work and all materials and Equipment or equipment to be incorporated into the Planttherein, whether in storage on or off the Plant Premises, Project(s) site(s); and whether under the care, custody or control of Owner, Contractor, any Subcontractor or Lower-tier Subcontractors; and (iii) other physical  Other property at the Plant Premises Project(s) Site(s) 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 hereunderconstruction. At all times (including during StartDesign-up, Testing and initial operation Build Firm shall designate a responsible member of a Unit), Contractor its organization at the Project(s) site(s) whose duty shall require all Subcontractors and Lowerbe the prevention of accidents. This person shall be Design-tier Subcontractors working on or supplying materials, supplies or Equipment Build Firm's superintendent unless otherwise designated in writing by Design- Build Firm to the Plant Premises to Project Manager. Design-Build Firm 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. Design-Build Firm shall notify owners of adjacent property and utilities when prosecution of the Work may affect them. All damage, injury or loss to any property caused directly or indirectly, in whole or in part, by Design-Build Firm, any Subcontractor, Subconsultant 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 Design-Build Firm. Design-Build Firm's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and Project Manager has issued the Design-Build Firm a notice of Final Acceptance. Design-Build Firm must adhere to the applicable environmental protection guidelines for the duration of a Project. If hazardous waste materials are used, detected or generated at any time, the Project Manager must be immediately notified of each and every occurrence. The Design-Build Firm shall comply with all codes, ordinances, rules, orders and other legal requirements of public authorities (including OSHA, EPA, PERA, the City, Miami-Dade County, FDOT, State of Florida, and Florida Building Code), which bear on the performance of the Work. The Design-Build Firm shall take the responsibility to ensure that all Work is performed using adequate safeguards, including but not limited to: proper safe rigging, safety nets, fencing, scaffolding, barricades, chain link fencing, railings, barricades, steel plates, safety lights, and ladders that are necessary for the protection of its employees, as well as the public and City employees. All riggings and scaffolding shall be constructed with good sound materials, of adequate dimensions for their intended use, and substantially braced, tied or secured to ensure absolute safety for those required to use it, as well as those in effect at the vicinity. All riggings, scaffolding, platforms, equipment guards, trenching, shoring, ladders and similar actions or equipment shall be OSHA approved, as applicable, and in accordance with all such timesfederal, state and local regulations. If an emergency condition should develop during a Project, the Design-Build Firm must immediately notify the Project Manager of each and every occurrence. The Design-Build Firm should also recommend any appropriate course(s) of action to the Project Manager.

Safety Precautions. 31.01. All safety measures, policies and precautions at the site are a part of the construction techniques and processes for which the Contractor shallshall be solely responsible. The Contractor is solely responsible for handling and use of hazardous materials or waste, and informing employees of any such hazardous materials or waste. The Contractor shall cause provide copies of all Subcontractors to, implement hazardous materials and administer a safety and health program for the Plant, subject waste data sheets to the approval College Station Fire Department marked "Attn.: Assistant Chief". 31.02. The Contractor has the sole obligation to protect or warn any individual of Owner (which shall not be unreasonably withheld), which shall include: (a) development of a safety manual within ninety (90) days of issue of the Authorization to Proceed establishing Contractor and Subcontractor safety guidelines and requirements, a copy of which manual shall be provided to Owner immediately upon its development; provided that Contractor shall incorporate into such manual any and all reasonable comments of Owner; (b) conducting of weekly safety meetings, in association with Owner, with the employees and agents of Owner, Contractor, Subcontractors and Lower-tier Subcontractors; (c) development, implementation and enforcement of procedures for advising Owner (including prompt provision of safety reports concerning all accidents which take place on the Plant Premises) and employees and agents of Contractor and Subcontractors of, and correction of, safety violations and deficiencies; and (d) actions necessary to provide a safe work environment in accordance with Applicable Laws and Applicable Insurance Policies. Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to avoid damage, injury or loss as a result of Contractor's or any Subcontractor's performance of the Work to: (i) all persons employed by Owner, Contractor, Subcontractors and Lower-tier Subcontractors in connection with the Work or Owner (whether in the performance of their obligations hereunder or otherwise) and all other persons who may be affected potential hazards created by the performance of the Work or any set forth herein. The Contractor shall, at its own expense, take such precautionary measures for the protection of such persons; (ii) all supplies used in connection with the Plant or , property, and the Work as may be necessary. 31.03. The Contractor shall be held responsible for all damages to property, personal injuries and/or death due to failure of safety devices of any type or nature that may be required to protect or warn any individual of potential hazards created by the performance of the Work set forth herein; and all materials when any property damage is incurred, the damaged portion shall immediately be replaced or compensated for by the Contractor at its own cost and Equipment to be incorporated into the Plantexpense. 31.04. Contractor agrees that it shall not transport to, whether in storage on use, generate, dispose of, or off the Plant Premises, and whether under the care, custody or control of Owner, Contractor, any Subcontractor or Lower-tier Subcontractors; and (iii) other physical property install at the Plant Premises or adjacent theretoProject site any Hazardous Substance (as defined in section 1.11, including treesexcept in accordance with applicable Environmental Laws. Further, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in performing the course of construction hereunder. At all times (including during Start-up, Testing and initial operation of a Unit)Work, Contractor shall require all Subcontractors and Lower-tier Subcontractors working on not cause any release of Hazardous Substances into, or supplying materialscontamination of, supplies the environment, including the soil, the atmosphere, any water course or Equipment ground water, except in accordance with applicable Environmental Laws (as defined in section 1.12). In the event Contractor engages in any of the activities prohibited in this section 31.04 to the Plant Premises fullest extent permitted by law, Contractor hereby indemnifies and holds City and all of its respective officials, agents and employees harmless from and against any and all claims, damages, losses, causes of action, suits and liabilities of every kind, including, but not limited to, expenses of litigation, court costs, punitive damages and attorneys’ fees, arising out of, incidental to or resulting from the activities prohibited in this section 31.04. 31.05. In the event Contractor encounters on the Project site any Hazardous Substance, or what Contractor may reasonably believe to be a Hazardous Substance, and which is being introduced to the Work, or exists on the Project site, in a manner violative of any applicable Environmental Laws, Contractor shall immediately stop work in the area affected and report the condition to City in writing. The Work in the affected area shall not thereafter be resumed except by written authorization of City if in fact a Hazardous Substance has been encountered and has not been rendered harmless. In the event Contractor fails to stop the Work upon encountering a Hazardous Substance at the Project site, to the fullest extent permitted by law, Contractor hereby indemnifies and holds City and all of its officials, agents and employees harmless from and against any and all claims, damages, losses, causes of action, suits and liabilities of every kind, including, but not limited to, expenses of litigation, court costs, punitive damages and attorneys' fees, arising out of, incidental to or resulting from Contractor's failure to stop the Work. 31.06. City and Contractor may enter into a separate agreement and/or Change Order for Contractor to remediate and/or render harmless the Hazardous Substance, but Contractor shall not be required to remediate and/or render harmless the Hazardous Substance absent such agreement. Contractor shall not be required to resume work in Contract No.___________ Construction Agreement Form Revised on 01-26-18 Page | 27 any area affected by the Hazardous Substance until such time as the Hazardous Substance has been remediated and/or rendered harmless. 31.07. It is the Contractor's responsibility to comply with all safety requirements Environmental Laws (as defined in section 1.10 of this Agreement) based on the law in effect at the time its services are rendered and to comply with any amendments to those laws for all services rendered after the effective date of any such timesamendments.

Safety Precautions. Contractor shall, and shall cause all Subcontractors to, implement and administer a safety and health program for the Plant, subject to the approval of Owner (which shall not be unreasonably withheld), which shall include: (a) development of a safety manual within ninety (90) days of issue of the Authorization to Proceed establishing Contractor and Subcontractor safety guidelines and requirements, a copy of which manual Design-Build Firm shall be provided to Owner immediately upon its development; provided that Contractor shall incorporate into such manual any solely responsible for initiating, maintaining and supervising all reasonable comments of Owner; (b) conducting of weekly safety meetings, precautions and programs in association with Owner, connection with the employees and agents of Owner, Contractor, Subcontractors and LowerWork. Design-tier Subcontractors; (c) development, implementation and enforcement of procedures for advising Owner (including prompt provision of safety reports concerning all accidents which take place on the Plant Premises) and employees and agents of Contractor and Subcontractors of, and correction of, safety violations and deficiencies; and (d) actions necessary to provide a safe work environment in accordance with Applicable Laws and Applicable Insurance Policies. Contractor Build Firm shall take all reasonable necessary precautions for the safety of, and shall provide all reasonable the necessary protection to avoid prevent damage, injury or loss as a result of Contractor's or any Subcontractor's performance of to: All employees on the Work to: (iProject(s) all persons employed by Owner, Contractor, Subcontractors and Lower-tier Subcontractors in connection with the Work or Owner (whether in the performance of their obligations hereunder or otherwisesite(s) and all other persons who may be affected by the performance of the Work or any of such persons; (ii) all supplies used in connection with the Plant or thereby; All the Work and all materials and Equipment or equipment to be incorporated into the Planttherein, whether in storage on or off the Plant Premises, Project(s) site(s); and whether under the care, custody or control of Owner, Contractor, any Subcontractor or Lower-tier Subcontractors; and (iii) other physical Other property at the Plant Premises Project(s) Site(s) 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 hereunderconstruction. At all times (including during StartDesign-up, Testing and initial operation Build Firm shall designate a responsible member of a Unit), Contractor its organization at the Project(s) site(s) whose duty shall require all Subcontractors and Lowerbe the prevention of accidents. This person shall be Design-tier Subcontractors working on or supplying materials, supplies or Equipment Build Firm's superintendent unless otherwise designated in writing by Design-Build Firm to the Plant Premises to Project Manager. Design-Build Firm 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. Design-Build Firm shall notify owners of adjacent property and utilities when prosecution of the Work may affect them. All damage, injury or loss to any property caused directly or indirectly, in whole or in part, by Design-Build Firm, any Subcontractor, Subconsultant 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 Design-Build Firm. Design-Build Firm's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and Project Manager has issued the Design-Build Firm a notice of Final Acceptance. Design-Build Firm must adhere to the applicable environmental protection guidelines for the duration of a Project. If hazardous waste materials are used, detected or generated at any time, the Project Manager must be immediately notified of each and every occurrence. The Design-Build Firm shall comply with all codes, ordinances, rules, orders and other legal requirements of public authorities (including OSHA, EPA, PERA, the City, Miami-Dade County, FDOT, State of Florida, and Florida Building Code), which bear on the performance of the Work. The Design-Build Firm shall take the responsibility to ensure that all Work is performed using adequate safeguards, including but not limited to: proper safe rigging, safety nets, fencing, scaffolding, barricades, chain link fencing, railings, barricades, steel plates, safety lights, and ladders that are necessary for the protection of its employees, as well as the public and City employees. All riggings and scaffolding shall be constructed with good sound materials, of adequate dimensions for their intended use, and substantially braced, tied or secured to ensure absolute safety for those required to use it, as well as those in effect at the vicinity. All riggings, scaffolding, platforms, equipment guards, trenching, shoring, ladders and similar actions or equipment shall be OSHA approved, as applicable, and in accordance with all such timesfederal, state and local regulations. If an emergency condition should develop during a Project, the Design-Build Firm must immediately notify the Project Manager of each and every occurrence. The Design-Build Firm should also recommend any appropriate course(s) of action to the Project Manager.

Safety Precautions. Contractor shall, and shall cause all Subcontractors to, implement and administer a safety and health program for the Plant, subject to the approval of Owner (which shall not be unreasonably withheld), which shall include: (a) development of a safety manual within ninety (90) days of issue of the Authorization to Proceed establishing Contractor and Subcontractor safety guidelines and requirements, a copy of which manual shall be provided to Owner immediately upon its development; provided that Contractor shall incorporate into such manual any solely responsible for initiating, maintaining and supervising all reasonable comments of Owner; (b) conducting of weekly safety meetings, precautions and programs in association with Owner, connection with the employees and agents of Owner, Contractor, Subcontractors and Lower-tier Subcontractors; (c) development, implementation and enforcement of procedures for advising Owner (including prompt provision of safety reports concerning all accidents which take place on the Plant Premises) and employees and agents of Contractor and Subcontractors of, and correction of, safety violations and deficiencies; and (d) actions necessary to provide a safe work environment in accordance with Applicable Laws and Applicable Insurance PoliciesWork. Contractor shall take all reasonable necessary precautions for the safety of, and shall provide all reasonable the necessary protection to avoid prevent damage, injury or loss as a result of Contractor's or any Subcontractor's performance of to: • All employees on the Work to: (iProject(s) all persons employed by Owner, Contractor, Subcontractors and Lower-tier Subcontractors in connection with the Work or Owner (whether in the performance of their obligations hereunder or otherwisesite(s) and all other persons who may be affected by the performance of the Work or any of such persons; (ii) all supplies used in connection with the Plant or thereby; • All the Work and all materials and Equipment or equipment to be incorporated into the Planttherein, whether in storage on or off the Plant Premises, Project(s) site(s); and whether under the care, custody or control of Owner, Contractor, any Subcontractor or Lower-tier Subcontractors; and (iii) other physical • Other property at the Plant Premises Project(s) Site(s) 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 hereunderconstruction. At all times (including during Start-up, Testing and initial operation of a Unit), Contractor shall require all Subcontractors and Lower-tier Subcontractors working on or supplying materials, supplies or Equipment designate a responsible member of its organization at the Project Site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to the Plant Premises to Project Manager. 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 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 City’s Project Manager has issued the Contractor a notice of Final Acceptance. Contractor must adhere to the applicable environmental protection guidelines for the duration of a Project. If hazardous waste materials are used, detected or generated at any time, the Project Manager must be immediately notified of each and every occurrence. The Contractor shall comply with all codes, ordinances, rules, orders and other legal requirements of public authorities (including OSHA, EPA, DERM, the City, Miami-Dade County, State of Florida, and Florida Building Code), which bear on the performance of the Work. The Contractor shall take the responsibility to ensure that all Work is performed using adequate safeguards, including but not limited to: proper safe rigging, safety nets, fencing, scaffolding, barricades, chain link fencing, railings, barricades, steel plates, safety lights, and ladders that are necessary for the protection of its employees, as well as the public and City employees. All riggings and scaffolding shall be constructed with good sound materials, of adequate dimensions for their intended use, and substantially braced, tied or secured to ensure absolute safety for those required to use it, as well as those in effect at the vicinity. All riggings, scaffolding, platforms, equipment guards, trenching, shoring, ladders and similar actions or equipment shall be OSHA approved, as applicable, and in accordance with all such timesfederal state and local regulations. All open trenches or holes shall be properly marked and barricaded to assure the safety of both vehicular and pedestrian traffic. No open trenches or holes are to be left open during nighttime or non-working hours without the prior written approval of the Project Manager. If an emergency condition should develop during a Project, the Contractor must immediately notify the City’s Project Manager of each and every occurrence. The Contractor should also recommend any appropriate course(s) of action to the Project Manager.

Safety Precautions. Contractor shall, and shall cause all Subcontractors to, implement and administer a safety and health program for the Plant, subject to the approval of Owner (which shall not be unreasonably withheld), which shall include: (a) development of a safety manual within ninety (90) days of issue of the Authorization to Proceed establishing Contractor and Subcontractor safety guidelines and requirements, a copy of which manual Design-Build Firm shall be provided to Owner immediately upon its development; provided that Contractor shall incorporate into such manual any solely responsible for initiating, maintaining and supervising all reasonable comments of Owner; (b) conducting of weekly safety meetings, precautions and programs in association with Owner, connection with the employees and agents of Owner, Contractor, Subcontractors and LowerWork. Design-tier Subcontractors; (c) development, implementation and enforcement of procedures for advising Owner (including prompt provision of safety reports concerning all accidents which take place on the Plant Premises) and employees and agents of Contractor and Subcontractors of, and correction of, safety violations and deficiencies; and (d) actions necessary to provide a safe work environment in accordance with Applicable Laws and Applicable Insurance Policies. Contractor Build Firm shall take all reasonable necessary precautions for the safety of, and shall provide all reasonable the necessary protection to avoid prevent damage, injury or loss as a result of Contractor's or any Subcontractor's performance of to:  All employees on the Work to: (iProject(s) all persons employed by Owner, Contractor, Subcontractors and Lower-tier Subcontractors in connection with the Work or Owner (whether in the performance of their obligations hereunder or otherwisesite(s) and all other persons who may be affected by the performance of the Work or any of such persons; (ii) all supplies used in connection with the Plant or thereby;  All the Work and all materials and Equipment or equipment to be incorporated into the Planttherein, whether in storage on or off the Plant Premises, Project(s) site(s); and whether under the care, custody or control of Owner, Contractor, any Subcontractor or Lower-tier Subcontractors; and (iii) other physical  Other property at the Plant Premises Project(s) Site(s) 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 hereunderconstruction. At all times (including during StartDesign-up, Testing and initial operation Build Firm shall designate a responsible member of a Unit), Contractor its organization at the Project(s) site(s) whose duty shall require all Subcontractors and Lowerbe the prevention of accidents. This person shall be Design-tier Subcontractors working on or supplying materials, supplies or Equipment Build Firm's superintendent unless otherwise designated in writing by Design-Build Firm to the Plant Premises to Project Manager. Design-Build Firm 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. Design-Build Firm shall notify owners of adjacent property and utilities when prosecution of the Work may affect them. All damage, injury or loss to any property caused directly or indirectly, in whole or in part, by Design- Build Firm, any Subcontractor, Subconsultant 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 Design-Build Firm. Design-Build Firm's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and Project Manager has issued the Design-Build Firm a notice of Final Acceptance. Design-Build Firm must adhere to the applicable environmental protection guidelines for the duration of a Project. If hazardous waste materials are used, detected or generated at any time, the Project Manager must be immediately notified of each and every occurrence. The Design-Build Firm shall comply with all codes, ordinances, rules, orders and other legal requirements of public authorities (including OSHA, EPA, DERM, the City, Miami-Dade County, State of Florida, and Florida Building Code), which bear on the performance of the Work. The Design-Build Firm shall take the responsibility to ensure that all Work is performed using adequate safeguards, including but not limited to: proper safe rigging, safety nets, fencing, scaffolding, barricades, chain link fencing, railings, barricades, steel plates, safety lights, and ladders that are necessary for the protection of its employees, as well as the public and City employees. All riggings and scaffolding shall be constructed with good sound materials, of adequate dimensions for their intended use, and substantially braced, tied or secured to ensure absolute safety for those required to use it, as well as those in effect at the vicinity. All riggings, scaffolding, platforms, equipment guards, trenching, shoring, ladders and similar actions or equipment shall be OSHA approved, as applicable, and in accordance with all such timesfederal, state and local regulations. If an emergency condition should develop during a Project, the Design-Build Firm must immediately notify the Project Manager of each and every occurrence. The Design-Build Firm should also recommend any appropriate course(s) of action to the Project Manager.

Safety Precautions. 31.01. All safety measures, policies and precautions at the site are a part of the construction techniques and processes for which the Contractor shallshall be solely responsible. The Contractor is solely responsible for handling and use of hazardous materials or waste, and informing employees of any such hazardous materials or waste. The Contractor shall cause provide copies of all Subcontractors to, implement hazardous materials and administer a safety and health program for the Plant, subject waste data sheets to the approval Nacogdoches Fire Department marked "Attn.: Assistant Chief". 31.02. The Contractor has the sole obligation to protect or warn any individual of Owner (which shall not be unreasonably withheld), which shall include: (a) development of a safety manual within ninety (90) days of issue of the Authorization to Proceed establishing Contractor and Subcontractor safety guidelines and requirements, a copy of which manual shall be provided to Owner immediately upon its development; provided that Contractor shall incorporate into such manual any and all reasonable comments of Owner; (b) conducting of weekly safety meetings, in association with Owner, with the employees and agents of Owner, Contractor, Subcontractors and Lower-tier Subcontractors; (c) development, implementation and enforcement of procedures for advising Owner (including prompt provision of safety reports concerning all accidents which take place on the Plant Premises) and employees and agents of Contractor and Subcontractors of, and correction of, safety violations and deficiencies; and (d) actions necessary to provide a safe work environment in accordance with Applicable Laws and Applicable Insurance Policies. Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to avoid damage, injury or loss as a result of Contractor's or any Subcontractor's performance of the Work to: (i) all persons employed by Owner, Contractor, Subcontractors and Lower-tier Subcontractors in connection with the Work or Owner (whether in the performance of their obligations hereunder or otherwise) and all other persons who may be affected potential hazards created by the performance of the Work or any work set forth herein. The Contractor shall, at its own expense, take such precautionary measures for the protection of such persons; (ii) all supplies used in connection with the Plant or the Work and all materials and Equipment to be incorporated into the Plant, whether in storage on or off the Plant Premisesproperty, and whether under the carework as may be necessary. 31.03. The Contractor shall be held responsible for all damages to property, custody personal injuries and/or death due to failure of safety devices of any type or control nature that may be required to protect or warn any individual of Ownerpotential hazards created by the performance of the work set forth herein; and when any property damage is incurred, Contractor, any Subcontractor the damaged portion shall immediately be replaced or Lower-tier Subcontractors; and (iii) other physical property compensated for by the Contractor at the Plant Premises or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures its own cost and utilities not designated for removal, relocation or replacement in the course of construction hereunderexpense. At all times (including during Start-up, Testing and initial operation of a Unit)Notwithstanding, Contractor shall require all Subcontractors and Lowernot be responsible for damages to property, personal injuries, and/or death due to failure of safety devices cause by vandalism, tamper, theft, unauthorized relocation or adjustment(s) to safety devices by a third-tier Subcontractors working on party other than Contractor. 31.04. Contractor agrees that it shall not transport to, use, generate, dispose of, or supplying materialsinstall at the Project site any Hazardous Substance (as defined in Paragraph 31.07, supplies except in accordance with applicable Environmental Laws. Further, in performing the Work, Contractor shall not cause any release of Hazardous Substances into, or Equipment contamination of, the environment, including the soil, the atmosphere, any water course or ground water, except in accordance with applicable Environmental Laws (as hereafter defined at Paragraph 31.07). In the event Contractor engages in any of the activities prohibited in this Paragraph 31.04 to the Plant Premises fullest extent permitted by law, Contractor hereby indemnifies and holds City and all of its respective officials, agents and employees harmless from and against any and all claims, damages, losses, causes of action, suits and liabilities of every kind, including, but not limited to, expenses of litigation, court costs, punitive damages and attorneys’ fees, arising out of, incidental to or resulting from the activities prohibited in this Paragraph 31.04. 31.05. In the event Contractor encounters on the Project site any Hazardous Substance, or what Contractor may reasonably believe to be a Hazardous Substance, and which is being introduced to the Work, or exists on the Project site, in a manner violative of any applicable Environmental Laws, Contractor shall immediately stop work in the area affected and report the condition to City in writing. The Work in the affected area shall not thereafter be resumed except by written authorization of City if in fact a Hazardous Substance has been encountered and has not been rendered harmless. In the event Contractor fails to stop the Work upon encountering a Hazardous Substance at the Project site, to the fullest extent permitted by law, Contractor hereby indemnifies and holds City and all of its officials, agents and employees harmless from and against any and all claims, damages, losses, causes of action, suits and liabilities of every kind, including, but not limited to, expenses of litigation, court costs, punitive damages and attorneys' fees, arising out of, incidental to or resulting from Contractor's failure to stop the Work. 31.06. City and Contractor may enter into a separate agreement and/or Change Order for Contractor to remediate and/or render harmless the Hazardous Substance, but Contractor shall not be required to remediate and/or render harmless the Hazardous Substance absent such agreement. Contractor shall not be required to resume work in any area affected by the Hazardous Substance until such time as the Hazardous Substance has been remediated and/or rendered harmless. 31.07. For purposes of this Agreement, the term "Hazardous Substance" shall mean and include any element, constituent, chemical, substance, compound, or mixture, which are defined as a hazardous substance by any local, state or federal law, rule, ordinance, by-law, or regulation pertaining to environmental regulation, contamination, clean-up or disclosure, including, without limitation, The Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), The Resource Conservation and Recovery Act ("RCRA"), The Toxic Substances Control Act ("TSCA"), The Clean Water Act ("CWA"), The Clean Air Act ("CAA"), and the Marine Protection Research and Sanctuaries Act ("MPRSA"), The Occupational Safety and Health Act ("OSHA"), The Superfund Amendments and Reauthorization Act of 1986 ("XXXX"), or other state superlien or environmental clean- up or disclosure statutes including all state and local counterparts of such laws (all such laws, rules and regulations being referred to collectively as "Environmental Laws"). It is the Contractor's responsibility to comply with all safety requirements this Paragraph 31.07 based on the law in effect at the time its services are rendered and to comply with any amendments to those laws for all services rendered after the effective date of any such timesamendments.

Safety Precautions. Contractor shallEIGHTH:-Tenant shall not at any time allow smoking on any part of the premises where stock is stored. Tenant shall store all silk and other textiles in steel bins or shelving, the bottoms of which shall be at least six inches above the floor, and the tops of which shall extend at least three inches and shall have drip points so as to shed water from the goods. No shelving bins shall be installed without Landlord's prior written consent. Tenant shall make all floors water-tight by painting or covering them with linoleum or other water-tight floor covering. Where cleaning fluid is used, it shall be non-inflammable. Tenant shall use no cleaning fluid not approved in writing by Landlord. Tenant will not permit the accumulation of waste or refuse matter on the premises. TENANT TO KEEP INSURANCE RATE LOW NINTH:-Tenant will conduct its business in such a manner as to enable Landlord or other tenants in the building to obtain the lowest possible insurance rate upon the entire building in which the demised premises are located, and will, at its sole expense, comply with all rules, orders, regulations or requirements of all public liability, fire and insurance policies in force at any time with respect to the demised premises, as well as all rules, orders, regulations or requirements of the New York Board of Fire Underwriters or any other similar body, and shall cause all Subcontractors not do or permit anything to be done in or upon said premises or bring or keep anything therein, except as now or hereafter permitted by the Fire Department, Board of Fire Underwriters, Fire Insurance Rating Organization, or other authority having jurisdiction and then only in such quantity and manner of storage as not to increase the rate for fire insurance applicable to the building, or use the premises in a manner which shall increase the rate of fire insurance on the building of which demised premises form a part, or on property located therein, over that in effect prior to this lease. If by reason of failure of Tenant to comply with the provisions of this paragraph including, but not limited to, implement and administer a safety and health program the mere use to which Tenant puts the premises, the fire insurance rate shall at the beginning of this lease or at any time thereafter be higher than it otherwise would be, then Tenant shall reimburse Landlord, as additional rent hereunder, for the Plant, subject to the approval that part of Owner (which shall not be unreasonably withheld)all fire insurance premiums thereafter paid by Landlord, which shall include: (a) development have been charged because of a safety manual within ninety (90) days of issue of the Authorization to Proceed establishing Contractor and Subcontractor safety guidelines and requirements, a copy of which manual shall be provided to Owner immediately upon its development; provided that Contractor shall incorporate into such manual any and all reasonable comments of Owner; (b) conducting of weekly safety meetings, in association with Owner, with the employees and agents of Owner, Contractor, Subcontractors and Lower-tier Subcontractors; (c) development, implementation and enforcement of procedures for advising Owner (including prompt provision of safety reports concerning all accidents which take place on the Plant Premises) and employees and agents of Contractor and Subcontractors of, and correction of, safety violations and deficiencies; and (d) actions necessary to provide a safe work environment in accordance with Applicable Laws and Applicable Insurance Policies. Contractor shall take all reasonable precautions for the safety offailure or use by Tenant, and shall provide all reasonable protection make such reimbursement upon the first day of the month following such outlay by Landlord. In any action or proceeding wherein Landlord and Tenant are parties, a schedule or "make up" of rate for the building or demised premises issued by the New York Fire Insurance Exchange, or other body making fire insurance rates for said premises, shall be conclusive evidence of the facts therein stated and of the several items and charges in the fire insurance rate then applicable to avoid damagesaid premises. Tenant shall not bring or permit to be brought or kept in or on the demised premises, injury any inflammable, combustible or loss as a result explosive fluid, chemical, substance or material other than silk or other textiles, or cause or permit any odors of Contractor's cooking or other processes, or any Subcontractor's performance of unusual or other objectionable odors to permeate from the Work to: (i) all persons employed by Ownerdemised premises. That the premises are being used for the purpose set forth herein shall not relieve Tenant from the foregoing duties, Contractor, Subcontractors obligation and Lower-tier Subcontractors in connection with the Work or Owner (whether in the performance of their obligations hereunder or otherwise) and all other persons who may be affected by the performance of the Work or any of such persons; (ii) all supplies used in connection with the Plant or the Work and all materials and Equipment to be incorporated into the Plant, whether in storage on or off the Plant Premises, and whether under the care, custody or control of Owner, Contractor, any Subcontractor or Lower-tier Subcontractors; and (iii) other physical property at the Plant Premises 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 hereunder. At all times (including during Start-up, Testing and initial operation of a Unit), Contractor shall require all Subcontractors and Lower-tier Subcontractors working on or supplying materials, supplies or Equipment to the Plant Premises to comply with all safety requirements in effect at all such timesexpenses.

Safety Precautions. Contractor shall, and shall cause all Subcontractors to, implement and administer a safety and health program for the Plant, subject to the approval of Owner (which shall not be unreasonably withheld), which shall include: (a) development of a safety manual within ninety (90) days of issue of the Authorization to Proceed establishing Contractor and Subcontractor safety guidelines and requirements, a copy of which manual shall be provided to Owner immediately upon its development; provided that Contractor shall incorporate into such manual any and all reasonable comments of Owner; (b) conducting of weekly safety meetings, in association with Owner, with the employees and agents of Owner, Contractor, Subcontractors and Lower-tier Subcontractors; (c) development, implementation and enforcement of procedures for advising Owner (including prompt provision of safety reports concerning all accidents which take place on the Plant Premises) and employees and agents of Contractor and Subcontractors of, and correction of, safety violations and deficiencies; and (d) actions necessary to provide a safe work environment in accordance with Applicable Laws and Applicable Insurance Policies. Contractor shall take all reasonable safety precautions with respect to the Work, and shall comply with all applicable laws, ordinances, rules, regulations and orders of all public authority for the safety ofof persons or property in accordance with the requirements of the Contract Documents. Subcontractor shall comply with the safety memos and policies established by Contractor as provided in Contractors Safety Program and with any modifications and changes to such Safety Program as may be posted by Contractor at the job site from1ime to time. Subcontractor understands that as part of Contractors Safety Program, Contractor requires that the Job site be maintained as a drug and alcohol free work place. Subcontractor shall provide Contractor with a copy of its written safety program and substance abuse policy prior to commencement of the Work- Subcontractor shall enforce said policy among its employees, its own Sub-subcontractors and their employees for the duration of this Subcontract. If Subcontractor does not have its own substance abuse policy, Subcontractor may adopt Contractor's. However, enforcement of the policy among employees and sub-subcontractors is the responsibility of Subcontractor Subcontractor shall report immediately to Contractor any injury to any of Subcontractors employees at the site. When and if so ordered, Subcontractor shall stop or correct any part of the Work which Contractor deems unsafe or otherwise improper. If Subcontractor neglects to take such corrective measures, Contractor may do so at the cost and expense of Subcontractor and may deduct the cost thereof from any payments due or to become due to Subcontractor, or, at its option, Contractor may make demand upon Subcontractor for reimbursement of such cost, and Subcontractor shall provide all reasonable protection fu1ly reimburse Contractor for the same within three (3) days of such demand- Failure on the part of Contractor to avoid damage, injury or loss as a result of Contractor's or any Subcontractor's stop performance of the Work to: (i) all persons employed by Owner, Contractor, Subcontractors and Lower-tier Subcontractors in connection with the Work violation of legal or Owner (whether in the performance of their obligations hereunder or otherwise) and all other persons who may be affected by the performance of the Work or any of such persons; (ii) all supplies used in connection with the Plant or the Work and all materials and Equipment to be incorporated into the Plant, whether in storage on or off the Plant Premises, and whether under the care, custody or control of Owner, Contractor, any Subcontractor or Lower-tier Subcontractors; and (iii) other physical property at the Plant Premises 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 hereunder. At all times (including during Start-up, Testing and initial operation of a Unit), Contractor shall require all Subcontractors and Lower-tier Subcontractors working on or supplying materials, supplies or Equipment to the Plant Premises to comply with all safety requirements shall in effect at all such timesno way relieve Subcontractor of its sole responsibility therefore.

Safety Precautions. Contractor shall, and shall cause all Subcontractors to, implement and administer a safety and health program for the Plant, subject to the approval of Owner (which shall not be unreasonably withheld), which shall include: (a) development of a safety manual within ninety (90) days of issue of the Authorization to Proceed establishing Contractor and Subcontractor safety guidelines and requirements, a copy of which manual Design-Build Firm shall be provided to Owner immediately upon its development; provided that Contractor shall incorporate into such manual any solely responsible for initiating, maintaining and supervising all reasonable comments of Owner; (b) conducting of weekly safety meetings, precautions and programs in association with Owner, connection with the employees and agents of Owner, Contractor, Subcontractors and LowerWork. Design-tier Subcontractors; (c) development, implementation and enforcement of procedures for advising Owner (including prompt provision of safety reports concerning all accidents which take place on the Plant Premises) and employees and agents of Contractor and Subcontractors of, and correction of, safety violations and deficiencies; and (d) actions necessary to provide a safe work environment in accordance with Applicable Laws and Applicable Insurance Policies. Contractor Build Firm shall take all reasonable necessary precautions for the safety of, and shall provide all reasonable the necessary protection to avoid prevent damage, injury or loss as a result of Contractor's or any Subcontractor's performance of to: • All employees on the Work to: (iProject(s) all persons employed by Owner, Contractor, Subcontractors and Lower-tier Subcontractors in connection with the Work or Owner (whether in the performance of their obligations hereunder or otherwisesite(s) and all other persons who may be affected by the performance of the Work or any of such persons; (ii) all supplies used in connection with the Plant or thereby; • All the Work and all materials and Equipment or equipment to be incorporated into the Planttherein, whether in storage on or off the Plant Premises, Project(s) site(s); and whether under the care, custody or control of Owner, Contractor, any Subcontractor or Lower-tier Subcontractors; and (iii) other physical • Other property at the Plant Premises Project(s) Site(s) 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 hereunderconstruction. At all times (including during StartDesign-up, Testing and initial operation Build Firm shall designate a responsible member of a Unit), Contractor its organization at the Project(s) site(s) whose duty shall require all Subcontractors and Lowerbe the prevention of accidents. This person shall be Design-tier Subcontractors working on or supplying materials, supplies or Equipment Build Firm's superintendent unless otherwise designated in writing by Design-Build Firm to the Plant Premises to Project Manager. Design-Build Firm 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. Design-Build Firm shall notify owners of adjacent property and utilities when prosecution of the Work may affect them. All damage, injury or loss to any property caused directly or indirectly, in whole or in part, by Design- Build Firm, any Subcontractor, Subconsultant 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 Design-Build Firm. Design-Build Firm's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and Project Manager has issued the Design-Build Firm a notice of Final Acceptance. Design-Build Firm must adhere to the applicable environmental protection guidelines for the duration of a Project. If hazardous waste materials are used, detected or generated at any time, the Project Manager must be immediately notified of each and every occurrence. The Design-Build Firm shall comply with all codes, ordinances, rules, orders and other legal requirements of public authorities (including OSHA, EPA, PERA, the City, Miami-Dade County, FDOT, State of Florida, and Florida Building Code), which bear on the performance of the Work. The Design-Build Firm shall take the responsibility to ensure that all Work is performed using adequate safeguards, including but not limited to: proper safe rigging, safety nets, fencing, scaffolding, barricades, chain link fencing, railings, barricades, steel plates, safety lights, and ladders that are necessary for the protection of its employees, as well as the public and City employees. All riggings and scaffolding shall be constructed with good sound materials, of adequate dimensions for their intended use, and substantially braced, tied or secured to ensure absolute safety for those required to use it, as well as those in effect at the vicinity. All riggings, scaffolding, platforms, equipment guards, trenching, shoring, ladders and similar actions or equipment shall be OSHA approved, as applicable, and in accordance with all such timesfederal, state and local regulations. If an emergency condition should develop during a Project, the Design-Build Firm must immediately notify the Project Manager of each and every occurrence. The Design-Build Firm should also recommend any appropriate course(s) of action to the Project Manager.

Safety Precautions. Contractor shall, and shall cause all Subcontractors to, implement and administer a safety and health program for the Plant, subject to the approval of Owner (which shall not be unreasonably withheld), which shall include: (a) development of a safety manual within ninety (90) days of issue of the Authorization to Proceed establishing Contractor and Subcontractor safety guidelines and requirements, a copy of which manual shall be provided to Owner immediately upon its development; provided that Contractor shall incorporate into such manual any solely responsible for initiating, maintaining and supervising all reasonable comments of Owner; (b) conducting of weekly safety meetings, precautions and programs in association with Owner, connection with the employees and agents of Owner, Contractor, Subcontractors and Lower-tier Subcontractors; (c) development, implementation and enforcement of procedures for advising Owner (including prompt provision of safety reports concerning all accidents which take place on the Plant Premises) and employees and agents of Contractor and Subcontractors of, and correction of, safety violations and deficiencies; and (d) actions necessary to provide a safe work environment in accordance with Applicable Laws and Applicable Insurance PoliciesWork. Contractor shall take all reasonable necessary precautions for the safety of, and shall provide all reasonable the necessary protection to avoid prevent damage, injury or loss as a result of Contractor's or any Subcontractor's performance of to: • All employees on the Work to: (iProject(s) all persons employed by Owner, Contractor, Subcontractors and Lower-tier Subcontractors in connection with the Work or Owner (whether in the performance of their obligations hereunder or otherwisesite(s) and all other persons who may be affected by the performance of the Work or any of such persons; (ii) all supplies used in connection with the Plant or thereby; • All the Work and all materials and Equipment or equipment to be incorporated into the Planttherein, whether in storage on or off the Plant Premises, Project(s) site(s); and whether under the care, custody or control of Owner, Contractor, any Subcontractor or Lower-tier Subcontractors; and (iii) other physical • Other property at the Plant Premises Project(s) Site(s) 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 hereunderconstruction. At all times (including during Start-up, Testing and initial operation The Contractor's superintendent shall be responsible for the prevention of a Unit), accidents unless otherwise designated in writing by Contractor to Project Manager. Contractor shall require all Subcontractors and Lower-tier Subcontractors working on or supplying materials, supplies or Equipment to the Plant Premises to 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 caused directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Subconsultant 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 Project Manager has issued the Contractor a notice of Final Acceptance. Contractor must adhere to the applicable environmental protection guidelines for the duration of a Project. If hazardous waste materials are used, detected or generated at any time, the Project Manager must be immediately notified of each and every occurrence. The Contractor shall comply with all codes, ordinances, rules, orders and other legal requirements of public authorities (including OSHA, EPA, DERM, the City, Miami-Dade County, State of Florida, and Florida Building Code), which bear on the performance of the Work. The Contractor shall take the responsibility to ensure that all Work is performed using adequate safeguards, including but not limited to: proper safe rigging, safety nets, fencing, scaffolding, barricades, chain link fencing, railings, barricades, steel plates, safety lights, and ladders that are necessary for the protection of its employees, as well as the public and City employees. All riggings and scaffolding shall be constructed with good sound materials, of adequate dimensions for their intended use, and substantially braced, tied or secured to ensure absolute safety for those required to use it, as well as those in effect at the vicinity. All riggings, scaffolding, platforms, equipment guards, trenching, shoring, ladders and similar actions or equipment shall be OSHA approved, as applicable, and in accordance with all such timesfederal, state and local regulations. If an emergency condition should develop during a Project, the Contractor must immediately notify the Project Manager of each and every occurrence. The Contractor should also recommend any appropriate course(s) of action to the Project Manager.

Safety Precautions. Contractor shallA. The CM/GC shall be responsible for initiating, maintaining, and shall cause supervising all Subcontractors to, implement safety precautions and administer a safety and health program for the Plant, subject to the approval of Owner (which shall not be unreasonably withheld), which shall include: (a) development of a safety manual within ninety (90) days of issue of the Authorization to Proceed establishing Contractor and Subcontractor safety guidelines and requirements, a copy of which manual shall be provided to Owner immediately upon its development; provided that Contractor shall incorporate into such manual any and all reasonable comments of Owner; (b) conducting of weekly safety meetings, in association with Owner, with the employees and agents of Owner, Contractor, Subcontractors and Lower-tier Subcontractors; (c) development, implementation and enforcement of procedures for advising Owner (including prompt provision of safety reports concerning all accidents which take place on the Plant Premises) and employees and agents of Contractor and Subcontractors of, and correction of, safety violations and deficiencies; and (d) actions necessary to provide a safe work environment in accordance with Applicable Laws and Applicable Insurance Policies. Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to avoid damage, injury or loss as a result of Contractor's or any Subcontractor's performance of the Work to: (i) all persons employed by Owner, Contractor, Subcontractors and Lower-tier Subcontractors programs in connection with the Work performance of the Work. 1. Prior to commencement of the Work, the CM/GC shall prepare and submit to Owner for review, the CM/GC’s Safety Plan for the Project. The CM/GC’s Safety Plan shall consider the needs of students, staff and Owner operations, as well as the needs of the general public. The CM/GC’s Safety Plan shall include the following minimum elements: a written safety plan that is consistent with the requirements of the Contract documents; a process for submitting accident and other reports; an emergency response plan; a resume of the CM/GC’s safety representative; a hazardous materials communication program; any indicated specialized programs for specific project site hazard analysis; an environmental waste disposal plan; a drug and alcohol plan; safety training programs; and elements necessary to comply with any applicable local laws, regulation and other legal requirements without limitation. 2. Observations, reports or reviews by the Architect or Owner (whether of any element of the CM/GC’s Safety Plan or related performance shall in no way affect the performance CM/GC’s sole responsibility for performing the Work safely or the CM/GC’s responsibility for the safety and welfare of their obligations hereunder its employees, Subcontractors or otherwise) suppliers of any tier or the CM/GC’s responsibility for the protection of property, students, staff and all the general public; nor shall such observations, reports or reviews by the Architect or Owner impose any obligation on any of them to ensure the CM/GC performs the work safely. B. In carrying out its responsibilities according to the Contract Documents, the CM/GC shall protect the lives and health of employees performing the Work and other persons who may be affected by the performance Work; prevent damage to materials, supplies, and equipment whether on site or stored off‐site; and prevent damage to other property at the site or adjacent thereto. the CM/GC 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; shall erect and maintain all necessary safeguards for such safety and protection; and shall notify owners of adjacent property and utilities when prosecution of the Work or any may affect them. C. The CM/GC shall maintain an accurate record of such persons; (ii) exposure data on all supplies used in connection with the Plant or incidents relating to the Work resulting in death, traumatic injury, occupational disease, or damage to property, materials, supplies, or equipment. The CM/GC shall immediately report any such incident to Owner. Owner shall, at all times, have a right of access to all records of exposure. D. The CM/GC shall provide all persons working on the Project site with information and all materials and Equipment to be incorporated into training on hazardous chemicals in their work at the Plant, whether in storage on or off the Plant Premisestime of their initial assignment, and whether under the care, custody or control of Owner, Contractor, any Subcontractor or Lower-tier Subcontractors; and (iii) other physical property at the Plant Premises 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 hereunder. At all times (including during Start-up, Testing and initial operation of whenever a Unit), Contractor shall require all Subcontractors and Lower-tier Subcontractors working on or supplying materials, supplies or Equipment to the Plant Premises to comply with all safety requirements in effect at all such timesnew hazard is introduced into their work area.