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HomeMy WebLinkAbout2004 - ContractHOLLAND BUILDERS OF SOUTH FLORIDA, INC. 4860 N.E. 12th Avenue Fort Lauderdale, FL 33334 (P)954-771-2210 (F)954-771-5080 Sent via: Fed Ex LETTER OF TRANSMITTAL To: City of Sebastian lAttn7 Jason Milewski Re: Sebastian Administration Buildino I We Are Sending You x Attached Under Separate Cover the following: Shop Drawings Prints x Plans Samples Specifications Copy of Letter Change Order Other Copies Date No. Description 1 Original Notice of Commencement Form - Administration Building 1 Original Notice of Commencement Form - Police Evidence Compound Jason, As you know the Building Department has a new Director and is requiring that a Notice of Commencement be recorded for these projects . Please have the appropriate party sign, notorize and return to me in the Fed Ex envelope ASAP. Thank you. These Are Transmitted as Checked below: For Approval Approved as Submitted Resubmit copies for approval x For Signature Approved as noted Submit copies for distribution COPY TO: SIGNED: Pm, Jl,ey / I Jb l it Y CITY OF SEBASTIAN, FLORIDA .IAN Q 7 20B 1225 Main Street Sebastian, FL 32958 y Ph: 561-589-5537 Fax: 561-589-2566 E -Mail: city@cityofsebastian.o� C-E-lV [p4-004437 BUILDING PERMIT J . MI.T;INF.ORMATIO.N . LOCATION INFORMATION •ermit #:04-004437 Issued: 12/14/200 Address: 202 AIRPORT DR, EAST Permit Type: ADDITION - COMMERCIAL SEBASTIAN, FL Class of Work: COMM -BUSINESS Township: 30 Range: 38 Proposed Use: COMMERCIAL Lot(s): Block: Section: 22 Sq. Feet: 384 Est. Value: 27,300.00 Book: Page: Cost: 1,900,000.00 Total Fees: 4,747.50 Subdivision: ROSELAND SATELLITE FIELD Amount Paid: Date Paid: Parcel Number: 22303800001000000000.0 TRA .TO,R�INFO,FiMATIO.N :` _ 1. OWNER JNRORMATI ON__ Name: HOLLAND BLDRS. OF SO. FLORIDA, INC. Name: CITY OF SEBASTIAN Addr: 4860 NE 12TH AVE. Address: 1225 MAIN ST FT. LAUDERDALE, FL 33324 SEBASTIAN, FL 32958-4165 Phone: (954)771-2210 Lic: CGCO07301 Phone: Work Desc: 10,000 SQ FT ADMINISTRATION BUILDING IIS APPLICATION FEES'- BUILDING FEE 4,735.50 ELECTRIC 12.00 ELECTRICAL FIXTURE _ D.00 PLUMBING FIXTURES 0.00 MECHANICAL 0.00 NS P.ECTIONSiREQUIRED. I BEA ROUGH FRAMING H ING NOTICE 0OM I ELECTRICAL PERMIT PICKED UP SLAB MECHANICAL PERMIT PICKED OF ROUGH ELECTRIC EARLY ELECTRIC TOP -OUT FORMBOARD SURVEY RECEIVEC ROUGH MECHANICAL COMPACTION TEST RECEIVED FINAL COMMERCIAL ROUGH PLUMBING PLUMBING PERMIT PICKED UP THIS PERMIT BECOMES NUtL AND VOID IF CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 6 MONTHS FROM ISSUANCE, OR IF CONSTRUCTION IS SUSPENDED, OR ABANDONED FOR A PERIOD OF 6 MONTHS AT ANY TIME. THE CONTRACTOR HAS CERTIFIED BY SIGNAT RE OF APPLICATION, THIS CUMENT AND PURFA-0- SPECIFICATIONS ARE TRUE AND CORRECT. ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED HEREIN OR NOT. * NOTICE * IN ADDITION TO THE REQUIREMENTS OF THIS PERMIT, THERE MAY BE ADDITIONAL RESTRICTIONS APPLICABLE TO THIS PROPERTY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY, AND THERE MAY BE ADDITIONAL PERMITS REQUIRED FROM OTHER GOVERNMENTAL ENTITIES SUCH AS WATER MANAGEMENT DISTRICTS, STATE AGENCIES, OR FEDERAL AGENCIES. ** WARNING TO OWNER'* YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTENDTO OBTAIN FINANCING, CONSULT YOUR LENDOR OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. THIS PERMIT IS APPROVED ON THIS DATE PURSUANT TO THE FLORIDA BUILDING CODE. WAYNE, ESELTINE, BUILDING OFFICIAL. POLICE EVIDENCE CMPD. 711.1 ) i rATE OF FLORIDA COUNTY OF FNV(AN (OvLR r1OT(C€ T1F COM'MENCEMFIN T CLTY OF `L'9acrl.ry NO110E IS HER GfVEN THAT THE UNDERSICNED O (Wh2ER M'I'r1YpS 'r0 MAK); MPROvEMENTS ON CERTAIN REAL PROPERTY, AIJD THE rOLLO WCNG Ir7TORJ1IATI0N IS STATED fN TI{IS NOTICE OF COI'OKENCEMENr M COn4PL1ANCE WITH S ECTION 71).1) OF ME FLORIDA STATUTES: (. OESCRIPr10N OF PROPERTY (LEGAL DESCRIPTION (NCLVDING STFLHB'r ADDFLESS OR YMEN THERE (S NOTA STREET ADDRESS SUCH ADOI'I'tON DESCRIBE THE P,tiL INFORMATION h5 WI'LL PHYSICAL LOC ION OP THE ILEAL PROPERTY): T wnshi 30,Range P Section 22 --- 201 Airport— 1 GENERAj,- DESCWTION OF THLIMFROYEMEh11:S f In (`ns+ruction of New Ietal Building for _ �compound C..,;, OWNER INFORMATION: A. NAML:f Sebastian B. C. All DKESS: —�— _1_ d. CONTRACT TO Rh4T A. NAME: HollandA 0. ADD11l;$S; � S. SURETY (IF w»Fo �Z A. NAME: ,TW Bond I B. ADDRESS:iEl C. AMOUN'C oFs� 6. LtNOER(fORCONSTR -FT A. NA , 6. ADDREfi Iriilders of South Florida, Inc. ua'er'da rr _F= 3 1 n onsultants,Inc. etow'----..^.._.-..__._....... -4",- P 4'P A ONDF ARO VP rF,.raonve..�..�.., '�•---�-�•--•••�.•�.. «n�uNb WITHIN'FHE S`rATE OF FLORIDA DESIGNATED BY OWNER NUT'ICESOROTHER DOCUMENj'SMAYBES UPOIv wI(Oht A NAMEand � SPROitDEDBYSECT(ON7(i.(3F,S, du0�1� B: ADOFESS: Builders oFlorida, Inc. 4860 NE'I2--ftv-�Fart TaI'll d1,1aI I FL 8 IN ADOITIOIJ T—�•'•_'—,�— RECE(,Vt AC P O SELF• THEOW'TICE. IGNA'I'CS'IHIC, PULLOWjNG PERSON TO O Y OF THE LIF,NOR'S NOTICE. AS PROVTOC•D nJ SECTIOIJ 713.13 F.S.: A NAME; N/A B. ADDRESS: 9 EAR FROM R M TH DATE OF NOTICE OF COMJ�(ENC� (THE EXYIFU 1'LUN GA'I'L• (SONE YEnR FRUM THE DATE OF ItLCORDnJC UNLESS A DIFFEP,EIIT DATE IS SPECIFIED I IIvtEOFOWNER FRI'NTEpL ,If r U�Sa✓ N�IIc�c S1 yT 0: NUN', irATEUF FLOPJOA cwlrI' OF INDIAN RIVER THE FOUGOn•IG (NST' U1•.IEP+r whS s,C1U+OYXLfOr,EU GEFOR.E I THIS U4E ! of I�di / N •Y',SDIIr,LL'f 10 �4 TO ME UR PRDDUCEO BY —_nn /77i/girl SK v.11UIs` IIpErITIFICArIOt+-- 1; '----' ���-s0 NOTrxr PUELIC \ _ r•FY COMI%4ISSIUN r �L r�y J / Z7 _ F(yCOhar.IISS101vgY.PIpES //). }q_0 �;7 1 •'r"'•. Linda L Kinchen '•0.'` MYCOMMISSIONR DD247715 EXPIRES 5.' Octobv 24, 2007 ''•'R„pf ly?•, BONDED THRU TROYFAN INSURANCE. INC CITY OF SEBASTIAN, FLORIDA 1225 Main Street Sebastian, FL 32958 Ph: 561-:589-5537 Fax: 561-580-2566 E-Mail: city@cftyofseb2stiaft.or,a 04-003181 BUILDING PERMIT Alsomms ,sermit #:04-003181 Issued: 9122/2004 Address: 201 AIRPORT DR EAST 'Permit Type: BUILDING COMMERCIAL SEBASTIAN, FL Class of Work: COMM-STORAGE -Township: 30 Range: 38 Proposed Use: COMMERCIAL Lot(s): Block: Section: 22 Sq. Feet: 1,800 Est. Value: 100,000.00 Book: Page: Cost: 100,000.00 Total Fees: Subdivision: MUNICIPAL AIRPORT Amount Paid: Date Paid: Parcel Number: 22303800001000000000.1 1111111911111111MR-ONTRACTOR INFORMATION - OWNER INFORMATION', Name: HOLLAND BLDRS. OF SO. FLORIDA, INC. Name: CITY OF SEBASTIAN Addr: 48601SIL121HAViz. Address: 1225 MAIN ST FT. LAUDERDALE, FL 33324 SEBASTIAN, FL 32958-4165 Phone: (954)771-2210 Lic: CGCO07301 Phone: Work Desc: METAL BUILDING FOR POLICE EVIDENCE COMPOUND ­ APPLICATION FEESt. -INSPECTION R UIR FORMBOARDS LAND CLEARINF G SLAB SSIURVEY RIWEIVEC CO COMPACTION TEST RECEIVED TIE BEAM ROUGH PLUMBING SHEATHING ROUGH FRAMING ROUGH MECHANICAL ROUGH ELECTRIC TOP-OUT ELECTRICAL PERMIT PICKED UP EARLY ELECTRIC MECHANICAL PERMIT PICKED UP FINAL COMMERCIAL INDIAN RIVER COUNTY UTILITI SITE PLAN APPROVAL FIRE DEPARTMENT SEWERIWATER CONNECTION FINAL SURVEY RECEIVED ELEVATION CERTIFICATE RECEA THIS PERMIT BECOMES NU L17U40­V0_FD_1_FCONSTRUCTION AUTHORIZED ISN COMM ENCED WITH I N 6 MONTHS FROM ISSUANCE, OR IF CONSTRUCTION IS SUSPENDED, OR ABANDONED FOR A PERIOD OF 6 MONTHS AT ANY TIME. THE CONTRACTOR HAS CERTIFIED BY SIGNATURE OF APPLICATION, _THIS —DOCUMENT AND PLANS AND SPECIFICATIONS ARE TRUE AND CORRECT. ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED HEREIN OR NOT. * NOTICE. IN ADDITION TO THE REQUIREMENTS OF THIS PERMIT, THERE MAY BE ADDITIONAL RESTRICTIONS APPLICABLE TO THIS PROPERTY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY, AND THERE MAY BE ADDITIONAL PERMITS REQUIRED FROM OTHER GOVERNMENTAL ENTITIES SUCH AS WATER MANAGEMENT DISTRICTS, STATE AGENCIES, OR FEDERAL AGENCIES. ** WARNING TO OWNER -- YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTENDTO OBTAIN FINANCING, CONSULT YOUR LENDOR OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. THIS PERMIT IS APPROVED ON THIS DATE PURSUANT TO THE FLORIDA BUILDING CODE. WAYNE, ESELTINE, BUILDING OFFICIAL. INSPECTIONS SHALL BE REQUIRED FOR ALL PERMITS. aff or HOME OF, PELICAN BLAND r,r•..���:i�,-►t, sialr �c i��.<►n,►i>-�csiiz�► i Buz (A DIMS/ON OF!Illi OF],70, 011771Pi CI11-MANAGIo 1225 MAIN STREET - SEBASTIAN. FLORIDA 32958 TELEPHONE (772) 388 - 5241 FAX (772-581-0149 (NOTICE TO PROCEED Airport Administration Building and Sebastian police Evidence Compound DATE: April 19, 2004 TO: Ms. Diana L. Preston. President Holland Builders of South Florida, Inc. 4860 Northeast 12th Avenue Ft. Lauderdale, FL 33334 You are hereby notified to commence work on May 3, 2004, per the terms and conditions of the executed Bid you submitted in the amount of $1,850,480.00 and the signed Agreement dated March 25, 2004 entitled Design/Build Construction Services Agreement. Contract completion time is not to exceed 365 consecutive calendar days from the commencement date stated above. Please note Section 7.8, page 12 of the Services Agreement between the CitV of Sebastian and Holland Builders of South Florida, Inc. as it relates to Liquidated Damages. The Project Manager is Jason Milewski, Airport Director, Cell # 772-633- 1890. All substantial communication pertaining to this project should be directed to him. His phone number is 772-388-8208. We look forward to working with you on this project. Paul Wagner, General Se vices A inist for Cc: Terrence Moore, Jesus Vieiro, Jason Milewski CI1YOf HOME OF PELICAN ISLAND CITY OF SEBASTIAN CHANGE ORDER FORM CHANGE ORDER #: ~ PROJECT NAME: Airport Administration BuUdin!! CONTRACTOR: Holland Builders. Inc. PROJECT #: C3503 PHONE #: 1-954-771-2210 PURCHASEORDER#:4514 ADDRESS: 4860 NE 12th Avenue Fort Lauderdale. FL 33334 CONTRACT NAME: Sebastian Airport Administration Buildin!! CONTACT DATE: March 25. 2004 By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein. Upon proper execution of this document, the Contractor is hereby notified to commence work. All changes stated below are hereby incorporated and made a part of the Contract identified above, and all the terms and conditions of said Contract are enjoined and in full force while executing the change(s) stipulated as follows: DESCRIPTION: To allow a time extension for completion of Airport Administration Facility and Police Evidence Compound until December 31, 2005, after which date liquidated damages will be assessed at $250 per day as outlined in Contract A) CONTRACT PRICE PRIOR TO THIS CHANGE $ 0 NET INCREASE (DECREASE) RESULTING FROM THIS CHANGE $ 0 NEW CONTRACT PRICE INCLUDING THIS CHANGE ORDER $_0 B) CONTRACT TIME PRIOR TO THIS CHANGE (NUMBER OF DAYS) 576 days NET INCREASE (DECREASE) RESULTING FROM THIS CHANGE (NUMBER OF DAYS) NEW COMPLETION DATE INCLUDING THIS CHANGE 31 days MO. December_ DAY J.l YR 2005 AGREED: ~RACTOR: ~ AuthorIZeirSignature Date: '!Jki~ Date: 2.1 /'10'( C6" Approvals Bv City of Sebastian Staff: ATTEST: ~) Airport Director ~'--;.., " as to scope ~:.. ' Finance Director ~-~. as to budget ~ as to legal D Sally A. Maio, MMC, City Clerk City Attorney RECEIVE Approved as to Form and Content for Reliance By the .~ of Sebastian Only: UEe 1 2 2005 SEBASTIAN \fiJN'ICIPAL AIRPORT I~".I .... Holland Builders of South Florida, Inc. 4860 Northeast 12th Avenue Fort Lauderdale, FL 33334 Phone: (954)771-2210 Fax: (954) 771-5080 CHANGE ORDER NO.: NINE (9) Distribution to: City of Sebastian HBI Accounting Project: Sebastian Administration Building & Pollee Evidence Compound - Airport Contract For: #C3503 Initiation Date: 30-May-05 TO: Mr. Jason Milewski, Airport Director CITY OF SEBASTIAN 1225 Main Street Sebastian, FL 32958 Phone: (772) 388-8241 Fax: (772) 581-0149 Date of Contract: 3/24/2004 RE:Sebastlan Administration To: at the Airport From: Number: DESCRIPTION OF CHANGE: (Deductive) Change to Contract Amount Sales Tax Adjustment (7%) to HBI Change Orders # 6 & # 8 Change Order II 6 was FPL $71,490.80 @ 7% Sales Tax = $5,004.36 Change Order # 8 was Generator $47,240.00 @ 7% Sales Tax = $3,306.80 P.O. gOO Change Order II 9 = ($8,311.16) - Deductive for 7% sales tax. Note: Change Order # g will appear on the next draw as a deductive. HBSF Draw number # 7 Net Change by Previously Authorized Requests and Changes $1.850.480.00 -$194.384.55 $1.656.095.45 The Original Contract sum was The Contract Sum Prior to This Change Order was The Contract Sum Will be (Decreased) I Increased ($8.311.161 The Contract Time Will Not Be Changed Pending Approval/Change Order # 7 $1.647.784.29 $0.00 The New Contract Sum Including This Change Order The Date of Substantial Completion as of this Change Onder Therefore Is: Pending Approval I Change Order # 7 Signature of the Owner Indicates agreement herewith, including any adjustment In the Contract Sum or Contract Time, Not valid until signed by the General Contractor. Signature of the Project Manager Is authorized for changes. ACCEPTED: CITY OF SEBASTIAN HOLLAND BUILDERS OF SOUTH FLORIDA, INC. By: Name/Title: Date: By: Name/Title: James Kelly, Project Manager Date: ('''.1 ... Holland Builders of South Florida, Inc. 4860 Northeast 12th Avenue Fort Lauderdale, FL 33334 Phone: (954)771-2210 Fax: (954) 771-5080 CHANGE ORDER NO.: EIGHT (8) Distribution to: City of Sebastian HBI Accounting Project: Sebastian Administration Building & Police Evidence Compound - Airport Contract For: #C3503 Initiation Date: 30-May-05 TO: Mr. Jason Milewski, Airport Director CITY OF SEBASTIAN 1225 Main Street Sebastian, FL 32958 Phone: (772)388-8241 Fax: (772) 581-0149 Date of Contract: 3/2412004 RE:Sebastlan Administration To: at the Airport From: Number: DESCRIPTION OF CHANGE: Direct Purchase of Standby Power Generator with required equipment Vendor 1 Emergency Power Systems, L TD Deposit required at time of order $11,810.00 "Release" P.O. 800 Balance required net 30 - days fro delivery $$35,430.00 The Original Contract sum was $1.850.480.00 -$147.114.55 $1.703.365.45 Net Change by Previously Authorized RequestS and Changes The Contract Sum Prior to This Change Order was The Contract Sum Will be (Decreased) !Increased ($47 .240.001 The New Contract Sum Including This Change Order. The Contrect Time Will Not Be Changed Pending Approval! Change Order # 7 $1.656.125.45 $0.00 The Date of Substantial Completion as of this Change Order Therefore is: Pending Approval 1 Change Order # 7 Signature of the Owner indicates agreement herewith, including any adjustment in the Contract Sum or Contract Time, Not valid until sign eneral Contractor. Signature of the Project Manager is authorized for changes. -=-- /r r 5t.o( e.... CEPTED: CITY OF SEBASTIAN HOLLAND BUILDERS OF SOUTH FLORIDA, INC. By: Name/Ti1le: Date: art III . - HOME Of PElJCAN ISlAND CITY OF SEBASTIAN CHANGE ORDER FORM CHANGE ORDER #: 1 PROJECT NAME: Airport Administration Buildinl! PURCHASE ORDER #: 4514 PROJECT #: C3503 CONTRACTOR: Holland Builders, Inc. PHONE #: 1-954-771-2210 ADDRESS: 4860 NE 12th Avenue Fort Lauderdale. FL 33334 CONTRACT NAME: Sebastian Airport Administration Buildinl! CONTACT DATE: March 25. 2004 By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein. Upon proper execution of this document, the Contractor is hereby notified to commence work. All changes stated below are hereby incorporated and made a part of the Contract identified above, and all the tenTIS and conditions of said Contract are enjoined and in full force while executing the change( s) stipulated as follows: DESCRIPTION: To allow a time extension for completion of Airport Administration Facility and Police Evidence Compound until November 3D, 2005. Please see attached. A) CONTRACT PRICE PRIOR TO THIS CHANGE $ 0 NET INCREASE (DECREASE) RESULTING FROM THIS CHANGE $ 0 NEW CONTRACT PRICE INCLUDING THIS CHANGE ORDER $ 0 B) CONTRACT TIME PRIOR TO THIS CHANGE (NUMBER OF DAYS) 365 days NET INCREASE (DECREASE) RESULTING FROM THIS CHANGE (NUMBER OF DAYS) NEW COMPlETION DATE INCLUDING THlS CHANGE 211 days MO. November DAY 30 YR 2005 CONTRACTOR: ~.~ Date: 7 b/o__ Date:~or;' AGREED: Authorized Signature Airport Director General Services Admin. ~ .. to budget ----1L as to legal -:::> I..A . ~ as to contractJprocurement . ' Approved as to Form and Content for Reliance By t~ :(b . n Only: Finance Director City Attorney f~".1 ... ~f~\~ Holland Builders of South Florida, Inc. 4860 Northeast 12th Avenue Fort Lauderdale, FL 33334 Phone: (954)771-2210 Fax: (954) 771-5080 CHANGE ORDER NO.: SIX (6) Distribution to: City of Sebastian HBI Accounting Sebastian Administration Building & Police Evidence Compound - Airport Contract For: #C3503 Initiation Date: 30-May-05 TO: Mr. Jason Milewski, Airport Director CITY OF SEBASTIAN 1225 Mai n Street Sebastian, FL 32958 Phone: (772) 388-8241 Fax: (772) 581-0149 Date of Contract: 3/24/2004 RE:Sebastian Administration To: at the Airport From: Number: DESCRIPTION OF CHANGE: Direct Purchase of Underground Utilijies from Main Street to Project Location - Florida Power and Light Company Vendor 1 Florida Power and Light Company P.O. 600 The OriginaJ Contract sum was 1850480.00 Net Change by Previously Authorized Requests and Changes -$75.623.75 $1.774.856.25 The Contract Sum Prior to This Change Order was The Contract Sum Will be (Decreased) !Increased ($71.490.80\ The New Contract Sum Including This Change Order The Contract TlITle Will Not Be Changed Pending Approval 1 Change Order # 7 $1.703.365.45 $0.00 The Date of Substantial Completion as of this Change Order Therefore is: Pending Approval I Change Order # 7 Signature of the Owner indicates agreement herewith, including any adjustment in the Contract Sum or Contract Time. Not valid until signed by the General Contractor. Signature of the Project Manager is authorized for changes. ~ I'~r ~cY"c..- ~--~ CITY OF SEBASTIAN S OF SOUTH FLORIDA, INC. By: NamelTiUe: Date: I.,....' ... ., Holland Builders of South Florida, Inc. 4860 Northeast 12th Avenue Fort Lauderdale, FL 33334 Phone: (954)771-2210 Fax: (954) 771-5080 CHANGE ORDER NO.: FIVE - Revised Distribution to: City of Sebastian HBI Accounting Sebastian Administration Building & Police Evidence Compound - Airport Contract For: #C3503 Initiation Date: Revised Date of Contract: 17 -Feb-05 5/30/2005 3/2412004 TO: Mr. Jason Milewski, Airport Director CITY OF SEBASTIAN 1225 Main Street Sebastian, FL 32958 Phone: (772) 388-8241 Fax: (772) 581-0149 RE:Sebastian Administration To: at the AJrport From: Number: DESCRIPTION OF CHANGE: These adjustments are to Change Orders II 3 & # 4 (Sales Tax) (Deductive) . C' (J'i :;:- .--'-, t.O r' -. <J1 ~n The Original Contract sum was Net Change by Previously Authorized Requests and Changes $1.850.480.00 -$72.044.43 $1.778.435.60 ($3.579.321 The Contract Sum Prior to This Change Order was The Contract Sum Will be (Decreased) I Increased The New Contract Sum Including This Change Order $1.774.856.28 $0.00 The Contract Time Will Not Be Changed The Date of Substantial Completion as of this Change Order Therefore is: Signature of the Owner indicates agreement herewith, including any adjustment in the Contract Sum or Contract Time, Not valid until signed by the I Contractor. Signature of the Project Manager is authorized for changes. - ;""pr-:i' c ~f c-. HOLLAND BUILDERS OF SOUTH FLORIDA, INC. By: NamefTille: Date: Jam Kelly, Project Manager .,)(,~" TO: Mr. Jason Milewski, Airport Director CITY OF SEBASTIAN 1225 Ma in Street Sebastian. FL 32958 Phone: (772) 388-8U1 Fax: (772) 581-0149 . Initiation Date: 30-Qct.o4 1''1. -, .1.. Holland Builders of South Florida, Inc. 4860 Northeast 12th Avenue Fort Lauderdale, FL 33334 Phone: (954)771-2210 Fax: (954) 771-5080 CHANGE ORDER NO.: . FOUR Distribution to: City of Sebastian HBI Accounting Contract For: #C3503 Sebastian Administration BUilding & Police Evidence Compound" Airport Date of Contract: 3/24/2004 RE:Sebastlan Administration To: at the Airport From: Number: Direct Purchase of Utility Piping - Deductive _ Purchase Order # 300 DESCRIPTION OF CHANGE: DIREcT PURCHAsE SALEs TAX SAVINGS PRCGRI\M Vendor I Hughes Supply - Parmenter Excavation $23,066.40 SALES TAX WILL BE DEDUCTED IN CHANGE ORDER # S' The Original Contract sum was f!!!jJ) ..;j' 'L . Net Change by Previously Authorized Requesls' and Changes I ~ - lip, 17/65 ~32,t)17l) $1.850.480.00 -$48.9?8.00 , - ,. ; ':. f ~ $1.801.502.00 he Contract Sum Prior to This Change Order was e Contract Sum Will be (Decreased) I Increased The Now Contract Sum IncludIng This Change Order 1$23066.40) The Contract TIme Will Not Be Changed ".,,~ -.. '.. $1.778.435.60 $0.00 The Date of Substantial Completion as of this Change Order Therefore Is: Signature of the Owner Indicates agreement herewith, Indudlng any edjustment in the Contract Sum or Contract TIme, Not valid until. signed by the General Contractor. Signature of the Project Manager Is authorized for changes. . ACCEPTED: CITY OF SEBASTIAN ~'~~AA' ~::~itIe:~ .... ....... . .. HOL IL~FLORIDA' INC. r hV<:! B: NarriemUe: . Date: For Finance Office Use Only . Funds Available Funds Not-Available , 'il-;c..J, EMERGENCY PUR HASE DATE REQUIRED 11 01/04 DATE SUBMmE: 1 /26/04 CITY OF SEBASTIAN 1225 Main Street Sebastian, FL 32958 PURCHASE REQUISITION Budgeted Not BUdgeted 1. Department ,4-1; "d" f- 2. Individual ReqUestin~~/I~.,l B&v:!c/0W 3. Department Head (app:Oval) . ~?? 4. Final Approval ? /.M4:~--:"'r .~ 5. Disapproved l)iJ<l2~r ;:::vR<..#/9":e (return to requestor) ROUTING 6. Work/Job#,C3503 7. Project ID# 8. Account# U55"'6<;t)- 9. Purchase Order# 10. Stock Item 11. Immediate Use SUGGESTED VENDOR NAME Hughes Supply ADDRESS P.O. Box 101888 CITY Atlanta STATE GA ZIP. 30392-1888 ITEM I DESCRIPTION I QUANTITY I COST I TOTAL P.O. *300 sanitary Pipe 4 V.. ~'(j~ ~>> water Pipe 8'" (pIfG n6 . agO 2960 1.930 6.28&0 , ,': ... . .'-t8J" :r.r);"::th J J' .' :,' IIHMilYl r to. EKe.. '1. .' .. (; HIfI~t::. C/.I . ;' - , . .. ...~;;. "FO' 'YJ .'0.... ::it ',.'II'vi .0Al .... "Lj~F' ,. /-"I<:.j-' 1't;'.-,--~- -_,:;;J!j(JlJ;6);JU c',"_.:,''-_, ...'..'.."--:.-,......,.-:-;,..,;... ..>-..',...., WHITE - Purchasing Copy CANARY. Finance Copy PINK.. Requis~ioner Copy GOLDENROD - Approved Copy 4,477.60 18,588.81 23 Ob1l J../D I \ "1111_.1 1.11. Holland Builders of South Florida, Inc. 4860 Northeast 12th Avenue Fort Lauderdale,'FL 33334 Phone: (954)771-2210 Fax: (954) 771-5080 CHANGE ORDER NO.: 'THREE Distribution to: City of Sebastian HBI Accounting Contract For: #C3503 . Initiation Date: 30-Oct-04 TO: Mr. Jason Milewski, Airport Director CITY OF SEBASTIAN 1225 Main Street Sebastian, FL 32958 Phone: (772) 388-8241 Fax: (772) 581..()149 Date of Contract: 3/24/2004 RE:Sebaslian Administration To: at the Airport From: Number: DESCRIPTION OF CHANGE:DlRECI' PURCHASE SALES TAX SAVINGS PROGRAM Direct Purchase of Custom Uft Station - (Deductive) - Purchase Order # 200 Vendor I Custom Pump .& Parmenter Excavation $32,000.00 SALES TAX WILL BE DEDUCTED IN CHANGE ORDER # 5 The OrfginaJ Contract sum was Net Change by Previously Authorized Requests and Changes. ~+ 3%0 ;CG)- io,q'38~ . $1.850.480.00 +- c. ' ~.j:.. --....: -$16:978~O(l . . ,-.. ~ $1.833.502.00 The Contract Sum Prior to This Change Order was he Contract Sum Will be (Decreased) {Increased The New Contract Sum Including This Change Order e Contract Time Will Not Be Changed ". - _. r $1.801.502:00 $0.00 e Date of Substantial Completion es of this Change Order Therefore Is: Signalure of the Owner indicates agreement herewith, including any adjustment In the Contract Sum or Contract Time, Not valid until signed by the General Contractor. Signa lure of the Project Manager is euthorized for changes. ACCEPTED: CITY OF SEBASTIAN "'~~ ~:~~t1e: t D' - ...- B: NamelTltle: Date: . r ~ D BUILDERS OF SOUTH FLORIDA, INC. o ~,t ~\',:", i' SE 11&/01/04 10/26/04 CITY OF SEBASTIAN 1225 Main Street Sebastian, FL 32958 ,EMERGENCY PUR DATE REQUIRED: DATE SUBMITTED: PURCHASE REeUISITION For Finance Office Use Only Funds Available Funds Not-Available Budgeted Not Budgeted 1. Deparlment ~riJlt+ 2. Individual RequeStin~' ilo.,lJ 601 ,\ 3.. Departm. ent Head ~Val) . :::.- r., - . 4; Final Approval . ~. /~~ 5. Disapproved 'i);/h;:<:-r-~.:zrNA-("L~ (return to requestor) . ROUTING C3503 6. WorklJob# 7. Project ID# 8. Account# LI)"\6S-D-MJe SD- 9. Purchase Order # ~ ") 11./ 10.. Stock Item . 11. Immediate Use . SUGGESTED VENDOR NAME ADDRESS CITY Custom Pump Ii. Controls, Inc. 1840 River Oak Road Jackacnbille . STATE FL ZIP 322a7 ITEM I DESCRIPTION I QUANTITY I COST I TOTAL P.O. #200 1 LiftS.tation 1 '32,.000. il $32,000.j) -. -,.~ WHITE - Purchasing Copy CANARY - Finance Copy PINK - Requisitioner Copy GOLDENROD - Approved Copy .,~ art Of SEBA5!!AN ~."/<c;,;" - "., "^. ~.. HOME OF PWeAN ISlAND CITY OF SEBASTIAN CHANGE ORDER FORM CHANGE ORDER #: 2 PROJECT NAME: AdminiRtration Building PURCHASE ORDER # 100 PROJECT #: C 3 5 0 3 Holland Builders of CONTRACTOR:So"th Florio", IRQ ADDRESS: 4860 N.E_ 12th Avenue Fort Lauderdale, FL 33334 PHONE#: (954) 771-2210 Airport Admin. & CONTRACT NAME: Polioe Evid.Cmpd. CONTRACT DATE: 3/24/ 04 By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein. Upon proper execution of this document, the Contractor is hereby notified to commence work. All changes stated below are hereby incorporated and made a part of the Contract identified above, and all the terms and conditions of said Contract are enjoined and in full force while executing the change(s) stipulated as follows: Deductive change order for Direct Purchase of Metal BU1~d1ng (United Structures o~ Amer1ca) TOTAL COST THIS CHANGE ORDER..............................................H?~.c:1;~~~~~~.!.....$ (19,752 - 83) B) CONTRACT TIME PRIOR TO THIS CHANGE (NUMBER OF DAYS) NET INCREASE RESULTING FROM THIS CHANGE (NUMBER OF DAYS) NEW COMPLETION DATE INCLUDING THIS CHANGE 1,854,440.00 $ $ (19,752_83). ~ $ -1, !'s.H, &ll7=-1..-e/4) ~ ,,~, In~/Zl.\l l1/ ( , ... 365 o A) CONTRACT PRICE PRIOR TO THlS CHANGE NET INCREASE (DECREASE) RESULTING FROM THIS CHANGE NEW CONTRACT PRICE INCLUDING THIS CHANGE ORDER MO. DAY YR Date: p~').J- N: AGREED: RATOR: Date: frY- Finance Director ATTEST: Airport Directo ast. Scope o budget .) City Attorney as to legal General Services Admin. o as to contracUprocurement ~CX1 ......... :AGOSTO ASSEMBLERS INC FRX NO. :4078551483 Nov. 23 2004 01:33PM P2 ,,",I I~d".tr 1M, In,. 1t; lJ'ama..1.c.:a I.anp. Odnl\do, FL 32809 t.,..~., ", ~>.~"tl ':.~"".. >:_~:j\",;,\,:, Sales Ordel Sales Order Nunibc. HIO VOIce: Fa,,; 107-65;1,"2282 407-651-14133 Sales Order Datt Auq Q, ,00 Page Sold To: City of Se,ba~t J <ton lZ25 Main ~t. ~ebasti6n, ~L 3?95~ Ship To: s"b~\..~t.ian p(.~lic(! .F.~"idenc(:;l C'Jfflp01lTld l\rpt .seJ.)d.~"t iiln ,FT, --~~:l:,~ -r== - -~:~;~~~;=-f:~-~;;;~C-= I~g~~~;;; .. Item .... ._.__'?~..ll.nP.tJ.~~.__..___.._. ._._. Unit Price Extension OOIfi of Pre"l!:nq:itu~ere_d Metal Building aterial fOl~ ,seba.<;stj.l'm Police Evidet)(:e irpor t wo party c.:l.Hi~c:k rwf/{e payabl~ to: US1\. I . Plea"e ltll.t:i.1 to the following dd.res!l : '1,139 Jamaica l.i'\nl:! Orland(., FT.. 3<809. .~It'.. $19.; 752.83 .....__m... "".mo',. ._._____.._ ',.. ._.__.__..._ ......_._.. ._.... ...._,._.__......."..... . .......,.____ ........._______.... ....____.., Subtotal $19,752.63. Sales Tax 00.00 Freight TOTAL ORDER AMOlJNT $' 9,752: 83. 'iJ'C=:J~ InSCG!Jlco @j~[i'J DISCLOSURE RIDER Terrorism Risk Insurance Act of 2002 The Terrorism Risk Insurance Act of 2002 created a three-year program under which the Federal Government will share in the payment of covered losses caused by certain events of international terrorism. The Act requires that we notify you of certain components of the Act, and the effect, if any, the Act will have on the premium charged for this bond. Under this program, the Federal Government will cover 90% of the amount of covered losses caused by certified acts of terrorism, as defined by the Act. The coverage is available only when aggregate losses resulting from a certified act of terrorism exceed $5,000,000.00. Insurance carriers must also meet a variable deductible established by the Act. The Act also establishes a cap of $1 00 billion for which the Federal Government or an insurer can be responsible. Participation in the program is mandatory for specified lines of property and casualty insurance, including surety insurance. The Act does not, however, create coverage in excess of the amount of the bond, nor does it provide coverage for any losses that are otherwise excluded by the terms of the bond, or by operation of law. No additional premium has been charged for the terrorism coverage required by the Act. Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch, Suite 200 Irvine, CA 92614 (949) 263 3300 www.lnscoDico.com 10-149S (Rev. 5/03) POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY ro BOX j!)72.". IRVI'\E. CA 9262:: {949"1263-3JOO \Vww.fll~c(lDiC(l.(:(l11l KNOW' ALL \AE\' BY TIIESL.:: PRI::SENTS. that c\ccpt as ~':-;pr\?ssly limited. D!:VFLOrr:RS SURET'r' AND INDI::\:lNITY COMrA\'{ does hereby l11<lke. constituk and appoint: *** Doreen M. Shearin, James L. Planamento, Stephen A. Murray, jointly or severally *** as its true .mu !:lwfu) i\ttorncyfs)-in-FHc1. 10 muh'. execute. deli''-'I" <lIHI acknm",lcdgc. liJr and (In behalf of saill corpomtioll as SlIfety, bonds. ulltkrt<lkings 1md contnH:ts ofsun:tyship giving and granting linIn said Atto!"1lcy(s)-il1-Fnd full pOW<.'1" and authority to do and to perform every act llcccssmy, requisite or proper to 1:10: done in connection therewith as the corponltioll could do. hut rcs\.'rving ((Jlhe corporation full pow..::r of substitution Hild n:voC<ltion. m1d all of thl.: al.:ts ofs<lid ^ttornl.:y(s)-ill~F()I.:L pUrStl(lllt to thcsc prcscnts. :lI'C hcrchy ratilied and t'ollfirlllcd. This Power of Attorncy ;s granted and is signed by tJcsill1ik undcr :md by mlthor;ty of the following resollltion ndopted by the Board or Directors or DEVELOPERS SURET\" AND INDI':\1:\1ITY COMPANY effective as nfNn\\~l11lk'r I. 2()(jO' RFSOI.vrD. that the Chairlllnn of the 80;)r(L the Pres;d..:nt and :lny v'icc Pn:sidcllt of the c01"porZltioll be. Z1nd thn1 e,1Ch ofthell1 hereby is. authorized to ..:xecute Powers nf/\twrncy, qunlifying the Attorney{s)-in-F:lCt mmed ;n the ['OIvers ofAllorncy to e.'\ceute. 011 belwlf of the corporZltiol1, bonds, undertakings and \:ontrm:ts of suretyship: and that (hI.: Secrdary or ,II1Y Assistant SCl'l'etary (If thl.: corporation be. dlld C,lCh or thCIll hercby is. authorizcd to attcst the cxccution of :111Y such Powel" OrAltorncy: RESOLVED. FURTI IER. that the signatures of such ofticers ll1aY he ulTixed to allY sueh Powcr of Attomey or to any certitkate relating thereto hy I'acsimilc, alld :111Y SUdl Power of Attorney or certificate bearing stich hlcsimilc signntures shall he v;lIid and binding upon the corporation whcll so anixed ,llld in the future \vith respect to ,ltly hOlld. undertaking or contract of suretyship to which it is i1ttacl1L'd. IN \VIT'\JESS \VHI::::I{I::DF. DEVELOPERS SURETY A\D INDUvlNIT'Y COMP:\N'r" hn~ caused Ihese prcs<.'nt-" to be sig:ned by its respective Executive Vice President and attest('d hy its Secretary this I st (by of Octoher. ~oo:: HY_C-~=)~) LJZlvid 1-1 RllO(ks. Executive Vice-President 8y ~~ Walter A. Crowell. Secretmy "";'~"A'N'ir~""", "'~,<...............~O~"" ::l~ ....,.o~p OR4 ;.....:~;":.~":. t::!/ c.. OCT. (:0 \~\ \~\... 1 ~~6 ..if) '\~ ......./ow ~ ......~'b~l ",/Q ................~,.',' """""..'?!..,.,.,"'" STATE OF CALlFORNI,A, 1 ISS. I COUNTY OF ORANCil On Octuber l. 2003. before ll1e, Diane.l Kawata. personally :lppemecl David H. Rhodes and Walter A. Crowell. personally known to me lor proved 10 me 011 the h<lsis (1[' s<ltisfaelory evidence) to be the Iwrsons wllOse IWIll'..'S are sllhscribed 10 th,-' wilhin illslrumcllt and ackrHlwkdged to me that they eXl.:cuted the same in their t1l1thori7\.'d cupacities. alld thaI by their SigIKltUI\'S 011 (h..: instrum..:nt the clltity upon hclwlf of which the pl'rsons acted. cxecutcd the instrument. WITNESS my hand and otIkial seul ~!O-t J Vv-~, c :;;0 " I DIANE J. KAWATA COMM,1I1334746 Notary Public - California ORANGE COUNTY My Comm, Expires JAN 8.2006 ~ '" '" <: " Signature CERTIFICATE TIll' undersigned. as Scnior Viee-Prl'sidellt. Lnderwritillg. of DEVELOPERS SLRETY Al\D INDEfvlNITY CO\-lPANY, does hereby certify that thc t()regoing Powcr of Altorncy rcmains in full l'ort'C al1d h,LS 110t heen revokl.:d. <lnd furthermore. that the provisions of tl1c rcsolutioll of the rcspective BO<ll"ds of Directors of said corporation set forth in the Power of.A.ttorney. is in !\)ree <1S of the ([,lie oflhis Cel1itlcate. This Certdicate is executed in the City of Irvine. C;;Iliforni<l. the day of D Hy Wesley '0/. Cowling (;)~ ''''0'. V",-p,.,<"bH. LJ';~I~~ ID-143K (DSIl (Re\'. IO/OJ) . ~ <" DESIGNIBUILD CONSTRUCTION SERVICES AGREEMENT THIS AGREEMENT made this K day of I'rt4.rc.A , 2004, by and between the CITY OF SEBASTIAN, a municipal corporation of the State of Florida, 1225 Main Street, Sebastian, Florida, 32958, ("City") and Holland Builders of South Florida, Inc. a corporation authorized to do business in the State of Florida, ("Contractor") WHEREAS, the City desires to engage a Florida licensed designlbuild contractor who has special and unique competence and experience in providing services necessary to complete the Project hereunder; and WHEREAS, the Contractor represents that it has such competence and experience in providing these services; and WHEREAS, the City in reliance on such representation has selected the Contractor in accordance with its procedure for selection of Contractor; and WHEREAS, the City and the Contractor desire to reduce to writing their understanding and agreements on such professional services. IT IS, THEREFORE, AGREED as follows: ARTICLE I - The Contractual Relationshiu 1.0 EMPLOYMENT OF CONTRACTOR The City hereby engages the Contractor and the Contractor hereby agrees to perform professional services for the City in accordance with this Agreement. This Agreement is not an exclusive agreement and the City may employ other contractors, professional or technical personnel to furnish services for the City as the City in its sole discretion finds is in the public interest. The Agreement shall not be construed to create a contractual relationship of any kind between the City and any Subcontractor(s), or between any person or firm other than the City and Contractor. The Contractor shall not sell, transfer, assign or otherwise dispose of the Contract or any portion thereof, or of its right, title of interest therein or its obligations thereunder, or moneys due or to become due under this Contract. 2.0 AGREEMENT DOCUMENTS The Agreement Documents (also called CONTRACT DOCUMENTS) consist of this Agreement, Supplemental Agreement(s), Request for Proposal Documents (including Technical Specifications and Concept Plans), the Contractor's Proposal (including Construction Plans subsequent prepared in furtherance thereof, which shall hereinafter jointly be called the "Plans"), Bond Forms, Work Orders, Change Orders, Addenda if any, any other documents listed in the Agreement Documents, and written modifications issued after execution of this Agreement, if any. 2.1 INTENT The Technical Specifications and Concept Plans (hereinafter called the "Specifications") are an integrated part of the Contract Documents and as such will not stand alone if used independently. The Specifications establish minimum standards of quality for this Project. Based upon the Specifications, Contractor has prepared the Contractor's Proposal and, in fulfillment of its obligations hereunder, shall prepare detailed Construction Plans to cover all details entering into the design, construction methods, materials and equipment required to complete the Project. The intent of the Agreement Documents is to include all labor and materials, equipment, and transportation necessary for the proper execution of the Work, to require new material and equipment unless otherwise indicated, and to require complete performance of the Work in spite of omission of specific reference to any minor component part and to include all items necessary for the proper execution and completion of the Work by the Contractor. Performance by the Contractor shall be required to the extent consistent with the Agreement Documents and reasonably inferable from them as being necessary to produce the intended results. 2.2 ENTIRE AND SOLE AGREEMENT Except as specifically stated herein, the Agreement Documents constitute the entire agreement between the parties and supersede all other agreements, representations, warranties, statements, promises, and understandings not specifically set forth in the Agreement Documents. Neither party has in any way relied, nor shall in any way rely, upon any oral or written agreements, representations, warranties, statements, promises or understandings not specifically set forth in the Agreement Documents. 2.3 AMENDMENTS The parties may modify this Agreement at any time by written agreement. Neither the Agreement Documents nor any term thereof may be changed, waived, discharged or terminated orally, except by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought. 2.4 CONSTRUING TERMS This Agreement shall not be construed against the party who drafted the same, as both parties have obtained experts of their choosing to review the legal and business adequacy of the same. 2.5 GOVERNING LAW AND WANER OF TRIAL BY JURY This Agreement shall be governed by the laws of the State of Florida, and any venue for any action pursuant to the Agreement Documents shall be in Indian River County, 2 ,. Florida. The parties hereto expressly waive trial by jury in any action to enforce or otherwise resolve any dispute arising hereunder. 2.6 TERM This Agreement shall commence on the day it is executed by both parties and the Term of the Agreement shall extend until the Project is complete unless terminated in accordance with the terms hereunder. 3.0 DEFINITION OF TERMS Whenever the following terms appear in these Agreement Documents, their intent and meaning shall, unless specifically stated otherwise, be interpreted as shown. 3.1 ACT OF GOD The words "Act of God" mean an earthquake, flood, hurricane (or other named tropical event), tornado or other cataclysmic phenomenon of nature. Rain, wind or other natural phenomenon (including tropical waves and depressions) of normal intensity for the locality shall not be construed as an Act of God. 3.2 ADDENDUM (re: bid documents) A modification of the plans or other Contract Documents issued by the Owner and distributed to prospective bidders prior to the opening of bids. All Addenda shall be considered as part of the Contract Documents. 3.3 CHANGE ORDER A written order issued to the Contractor by the City and covering changes in the plans, specifications, or scope of work when the amount of work changed is not deemed sufficient to require a supplemental agreement. 3.4 CONTRACT ADDENDUM A special written provision modifying or clarifying the terms and conditions of the Contract. The Contract Addendum shall be considered as part of the Contract Documents. 3.5 ENGINEER The design criteria professional, whether an individual or a firm, designated by the CITY to perform those functions required by Fla. Stat. 287.055 (10) (c) (5). 3 , 3.6 SUPPLEMENTAL AGREEMENT A written understanding, or proposal and acceptance, executed by City and Contractor subsequent to execution of the Agreement, with the written consent of the Contractor's Surety, relating to the work covered by the Agreement and clarifying or furthering the terms thereof. A modification to the Agreement shall be made by Contract Addendum. 3.7 WORK, (The) or PROJECT, (The) The public improvement known as the Airport Administration Building as contemplated in the Plans and Specifications, as modified by the attached Services Agreement - Exhibit "A", and all actions necessary to construct the same. 3.8 WORK ORDER Work orders are work instructions including specification and plans, that show the location, character, dimensions and details of the work to be done. Work Orders are specific detailed instructions, of limited scope, that will be a part of this Contract. Work orders shall be considered part of the Contract Documents. ARTICLE II - Performance 4.0 PLANS, SPECIFICATIONS AND RELATED DATA 4.1 INTENT OF PLANS AND SPECIFICATIONS The intent of the Plans, Specifications, Work Orders and other Contract Documents is that the Contractor prepare all design and construction documents, as well as all labor and materials, equipment, supervision and transportation necessary for the proper execution of the Work unless specifically noted otherwise. The Contractor shall do all the work shown on the Plans and described in the Specifications and other Contract Documents and all incidental work considered necessary to substantially complete the Work ready for use, occupancy, or operation in a manner reasonably acceptable to the City. 4.2 CONFLICT In the event of any inconsistency, discrepancy or conflict between the Agreement, the Plans, Specifications, and other Contract Documents, calculated dimensions will govern over scaled dimensions; Plans and Specifications shall govern over the general contract provisions, cited standards or FAA circulars. 4.3 DISCREPANCIES IN PLANS Any discrepancies found between the Plans and Specifications and site conditions, or any errors or omissions in the Plans or Specifications, shall be immediately reported to the Engineer and City. The Engineer shall promptly analyze the validity and seriousness of 4 the claimed condition and authorize Contractor to undertake correction of any such error or omission in writing, or otherwise direct Contractor. Any work done by the Contractor after its discovery of such discrepancies, errors or omissions without consulting with Engineer shall be done at the Contractor's risk. Any correction or errors or omissions in the Plans shall be made by the Contractor, subject to approval by the Engineer, when such correction is necessary for the proper fulfillment of their intention as construed by him. Where said correction of errors or omissions, except as provided in the next two (2) paragraphs below, adds to the amount of work to be done by the Contractor and was based upon inaccurate material representations within the Specifications, compensation for said additional work shall be made under the Paragraph 10.7 CHANGES IN THE WORK below, except where the additional work may be classed under some item of work for which a unit price is included in the proposal. Where said corrections are not due to inaccurate representations in the Specifications, said work shall be done at Contractor's cost. The fact that specific mention of any part of work is omitted in the Specifications, whether intentionally or otherwise, when the same is usually and customarily required to complete fully such work as is specified herein, will not entitle the Contractor to consideration in the matter of any claim for extra compensation, but the said work must be installed or done the same as if called for by both the Plans and Specifications. All work indicated on the Plans and not mentioned in the Specifications or vice versa, and all work and material usual and necessary to make the Work complete in all its parts, whether or not they are indicated on the Plans or mentioned in the Specifications, shall be furnished and executed the same as if they were called for by both the Plans and Specifications. The Contractor will not be allowed to take advantage of any errors or omissions in the Plans and Specifications. The Contractor shall provide Engineer with full information when errors or omissions are discovered. 4.4 DRAWINGS AND SPECIFICA nONS AT JOB SITE One (1) complete set of all Plans, Specifications, Work Orders, Addenda, Change Orders, Shop Drawings and samples shall be maintained at the job site, in good order and annotated to show all changes made during the construction process, and shall be available to the Engineer and City at all times. A final copy thereof, along with "as-built" record drawings, operations and maintenance manuals, and data sheets, shall be delivered to the Engineer upon the completion of the Work. 4.5 DIMENSIONS Dimensions shown on the Plans will be used. Where the work of the Contractor is affected by finished dimensions, these shall be verified by the Contractor on site, and it shall assume the responsibility for their use. 5 4.6 SAMPLING AND TESTING Except as otherwise provided, reasonable sampling and testing of all materials, and the laboratory methods and testing equipment, shall be made in accordance with the latest standards or tenets of the American Society for Testing Materials. The testing of samples and materials shall be made at the expense of the Contractor, except where indicated othelWise. The Contractor shall furnish any required samples without charge. The City shall be given sufficient notification of the placing of orders for materials testing. When the Contractor represents a material or an item of work as meeting Specifications and under recognized test procedures it fails, any re-testing shall be at the Contractor's expense, billed at the Testing Laboratory's standard rate for individual tests. 4.7 SHOP DRAWINGS At regularly scheduled meetings with the City, the Contractor shall provide shop drawings, setting schedules and other drawings as may be necessary for the prosecution of the Work in the shop and in the field as required by the Plans and Specifications. Deviations from the Plans and Specifications, and substitutions of materials or equipment shall be discussed with the City at such meetings. The City's approval of Contractor's submittals at said meetings shall not release the Contractor from responsibility for errors, corrections of details, or conformance with the Contract. 5.0 MATERIALS AND WORKMANSHIP 5.1 STORAGE OF MATERIALS Materials and equipment shall be stored so as to assure the preservation of their quality and fitness for the Work. When considered necessary, they shall be placed on wooden platforms or other hard clean surfaces, and not on the ground, and/or they shall be placed under cover. Stored materials and equipment shall be located so as to facilitate prompt inspection. Private property zoned for, or adjacent to land zoned for, residential uses shall not be utilized for storage purposes. 5.2 REJECTED WORK AND MATERIAL Any materials, equipment or work which do not satisfactorily meet the Plans and Specifications may be condemned by the Engineer or City by giving a written notice to the Contractor. All condemned materials, equipment or work shall be promptly taken out/removed and replaced. All materials and equipment which do not conform to the requirements of the Contract Documents, are not equal to samples approved by the Engineer and City, or are in any 6 way unsatisfactory or unsuited to the purpose for which they are intended, shall be rejected. Any defective work whether the result of poor workmanship, use of defective materials, damaged through carelessness or from other cause shall be removed within ten (10) days after written notice is given by the City, and the work shall be re-executed by the Contractor. The fact that the Engineer or the City may have previously overlooked such defective work shall not constitute an acceptance of any part of it. Should the Contractor fail to remove rejected work or materials within ten (10) days after written notice to do so, the City may remove them and may store the materials and equipment. Satisfaction of warranty work after final payment shall be in accordance with Paragraph 10.15. 5.3 MANUFACTURER'S DIRECTION Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned as directed by the manufacturer unless herein specified to the contrary. 5.4 SKILL AND CHARACTER OF WORKMEN All workmen must have sufficient knowledge, skill and experience to perform properly the work assigned to them. Any foreman or workman employed by the Contractor or subcontractors who, in the opinion of the Engineer or the City does not perform his work in a skillful manner, or appears to be incompetent or to act in a disorderly or intemperate manner shall, at the written request of the City, be discharged immediately and shall not be employed again in any portion of the Work without the approval of the City. The Contractor shall at all times be responsible for the conduct and discipline of his employees and/or any subcontractor or persons employed by subcontractors. 5.5 CLEANING UP The Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by its employees or work. At the completion of the Work, they shall remove all of their rubbish, tools, scaffolding and surplus materials and shall leave their work "broom clean" or its equivalent, unless more exactly specified, and shall insure that all debris and other unsightly objects are removed and disposed of in a satisfactory manner. At no additional expense to the City, the Contractor will restore to their original conditions or better, as nearly as practicable, those portions of the site not designated for alteration and all such property, structure, utilities, landscaping, etc., disturbed or damaged during the prosecution of the Work. Final payment will be withheld until such clean up and repairs are completed The Work will be considered complete only after all debris and unused material due to or connected with the Work have been removed and the surrounding area left in a condition satisfactory to the City. In the event the City finds that the Contractor has not complied in keeping the job site clean, the City may, after twenty-four (24) hours written notice to 7 the Contractor to correct the situation, elect to have the job site cleaned by an independent labor force. The cost of cleaning by said independent labor force shall be deducted from moneys due the Contractor. 5.6 CITY'S OWNERSHIP OF MATERIALS Any and all materials, whether structural or natural, found within the limits of the project remain the property of the City unless City ownership is specifically conveyed to the Contractor. All material, equipment and work become the sole property of the City as installed. These provisions shall not be construed as relieving the Contractor from the sole responsibility for all materials and work for which payments have been made, for the restoration of damaged work, or as a waiver of right of the City to require the fulfillment of all the terms of the Contract. 5.7 GUARANTEE The Contractor shall warrant all equipment furnished and work performed by it for a period of one (I) year from the date of final written acceptance of the Work by City. Satisfaction of warranty work after final payment shall be as per Paragraph 10.15. All equipment and material warranties or guarantees shall be drawn in favor of the City and the originals thereof furnished to the Engineer for review and acceptance prior to final payment. Such guarantee shall in no way limit or relieve the Contractor of liability from subsequent claims of beach of contract due to substandard materials or workmanship, nor shall such warranty period shorten the statute of limitations for bringing a breach of contract or other action based upon any such deficiencies. 5.8 DIRECT PAYMENT FOR EQUIPMENTIMA TERIALS Contractor and City shall coordinate the purchase of materials and installed equipment where reasonable as a means of cost savings through direct payment by City to realize tax savings. Contractor shall submit its accepted vendor bids for materials and installed equipment to Engineer for consideration for direct payment. The cost of items so purchased, and the resulting tax savings, shall be deducted from the Contract Price by Change Order, without an adjustment to the Price for overhead or profit. 6.0 LOCATION OF EXISTING UTILITIES All existing underground utilities, such as telephone, cable television and electrical cables must be located by the Contractor prior to starting work. The Contractor shall 8 contact the Utilities at least 48 hours prior to commencing any work within the project area. There may be other utilities within the project area. The cost of substantiating the location of utilities shall be borne by the Contractor and included in the bid price. The Contractor shall be responsible for the repair and/or replacement of utilities which he damages during the course of construction. Utilities deemed to require relocation shall be identified by the Contractor prior to commencing work. The Contractor shall notice the City of the conflict and seek direction from the City prior to proceeding with work. Directions from the City may be to proceed despite conflict, place work order on hold and commence work at a different location, or relocate utilities under separate contract with the utility or a change order to be directed by the City. City reserves the right to authorize the construction, reconstruction, or maintenance of any public or private utility service, FAA or National Oceanic and Atmospheric Administration (NOAA) facility, or a utility service of another governmental agency, at any time during the progress of the Work. Except as indicated on the Plans or Contract Documents, the Contractor shall not permit any individual, firm or corporation to excavate or otherwise disturb any utility service or facilities located within the limits of the work without written permission of the Engineer. Should the owner of a utility or facility be authorized to perform construction, reconstruction, or maintenance as per this section, during the progress of the Work, the Contractor shall cooperate with such owners in arranging and performing the Work in this contract so as to facilitate such construction, reconstruction, or maintenance by others whether or not such work by others is indicated on the drawings. When ordered as extra work by the Engineer, the Contractor shall make all necessary repairs to the Work which are due to such authorized work by others, unless otherwise provided for in the Contract, Plans or Specifications. It is understood and agreed that the Contractor shall not be entitled to make any claim for damages due to such authorized work by others but shall be entitled to an extension of the time to complete for any delay to the work resulting from the same. 7.0 PROGRESS AND COMPLETION OF WORK 7.1 CONTRACTOR'S OBLIGATION Contractor shall supervise and direct the Work, using Contractor's best skill and attention. Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under this Contract, unless the Contract Documents give other specific instructions concerning these matters. g Unless otherwise provided in the Contract Documents, Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. Unless otherwise provided in the Contract Documents, Contractor shall pay all sales, use and other similar taxes. Contractor shall enforce strict discipline and good order among Contractor's employees and other persons carrying out the Work. Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. Contractor currently holds and shall maintain at all times during the term of this Contract all required federal, state and local licenses necessary to perform the Work required under the Contract Documents. Contractor shall be responsible to the City for the acts and omissions of Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with Contractor. Contractor shall indemnify, defend and hold City harmless from all claims arising out of or related to its performance of the Work except for acts arising solely from the active negligence or acts of the City. 7.2 START OF CONSTRUCTION The Contractor shall commence work on the date specified in the Notice to Proceed subsequently issued by the City, or as specifically noted in any Contract Addendum. However, in no case shall the Contractor commence work until the City has been furnished and acknowledges receipt of the Contractor's Certificates of Insurance and a properly executed performance and payment bond as required. 7.3 CONTRACT TIME The contractor shall complete, in an acceptable manner, all of the Work within the time schedule submitted in response to the Request for Proposal, subject to any Addenda or Change Orders hereto. 7.4 PROPERTY OF OTHERS A. Public Ownership The Contractor shall be responsible for the preservation of all public property, trees, monuments, etc., along and adjacent to the street and/or right-of-way, and shall use every precaution necessary to prevent damage or injury thereto. It shall use suitable precautions 10 to prevent damage to pipes, conduits and other underground structures, and shall protect carefully from disturbance or damage all monuments and property marks until a land surveyor has witnessed or otherwise referenced their location and shall not remove them until so directed by the Engineer in writing. The City shall remove and relocate all traffic control signs as required. B. Private Ownership The Contractor shall not enter upon private property for any purpose without obtaining permission from the property Owner thereof. 7.5 CHANGES IN THE WORK The City may order changes in the Work through additions, deletions or modifications without invalidating the Contract; however, any change in the scope of work or substitution of materials shall require the written approval of the City. Compensation and time of completion affected by the change shall be adjusted at the time of ordering such change. New and unforeseen items of work found to be necessary and which cannot be covered by any item or combination of items for which there is a contract price shall be classed as changes in the Work. The Contractor shall do such changes in the Work and furnish such materials, labor and equipment as may be required for the proper completion of construction of the work contemplated. In the absence of such written order, no claim for changes in the Work shall be considered. Changes in the Work shall be performed in accordance with the Plans and Specifications where applicable and work not so covered shall be done in accordance with specifications issued for this purpose. Changes in the Work required in an emergency to protect life and property shall be performed by the Contractor as required. 7.6 EXTENSION OF CONTRACT TIME No extension of time shall be valid unless given in writing by the City or otherwise provided in the Contract. No monetary compensation shall be given for delay, however, if a delay occurs due to the fault of the City and it is agreed between the Engineer and Contractor that a subcontractor or piece of equipment should be called off the Work site, Contractor shall be entitled to compensation for its additional or increased direct costs (but not overhead or profit thereupon). A delay beyond the Contractor's control occasioned by an "Act of God" may entitle the Contractor to an extension of time in which to complete the Work as determined by the City provided, however, the Contractor shall immediately give written notice to the City of the cause of such delay. "Rain day" extensions shall be granted upon written request of the Contractor to the City's Project Manager when said Project Manager determines that weather conditions make it counterproductive to work on said days. "Rain day" requests must be submitted 11 at the end of each work week or be waived, and the cumulative "rain day" extensions granted shall be processed as a Change Order with each pay submittal. In the event that the City suspends the Work as provided in Paragraph 9.2, the Contractor shall be granted an extension of time to complete the Work for as many calendar days as the Work was suspended; except, however, that the Contractor will not be granted an extension of time to complete the Work if the suspension was caused by a fault of the Contractor. 7.7 CORRECTION OF WORK Contractor shall, at no cost to the City, promptly correct Work failing to confonn to requirements of the Contract Documents, whether observed before or after completion of the Work and whether or not fabricated, installed or completed, and shall correct any Work found to be not in accordance with the requirements of the Contract Documents within a period of one (1) year from the date of completion of the Work or by the tenns of an applicable special warranty required by the Contract Documents. The provisions of this Paragraph apply to the Work done by Subcontractors as well as to the Work done by direct employees of Contractor. Nothing contained in this Paragraph shall be construed to establish a period of limitation with respect to other obligations that Contractor might have under the Contract Documents. Establishment of the time period of one (I) year as described in above relates only to the specific obligation of Contractor to correct the Work, and has no effect on the time within which the obligations of the Contract Documents may be enforced, nor to the time within which proceedings may be commenced to establish Contractor's liability with respect to Contractor's remaining contractual obligations. 7.8 LIQUIDATED DAMAGES In the event Contractor fails to perfonn any provision of the Contract Documents within the time schedule allotted, then the City may elect to receive, and Contractor agrees to pay, liquidated damages in the amount of two hundred fifty dollars ($250) per day beyond the agreed completion date. Inspection of the Work by the Engineer and the subsequent issuance of a notice by the Engineer indicating substantial completion will be the date used to signify work completion. If completion is beyond the schedule agreed upon, liquidated damages may be imposed by the City on the Contractor and will be withheld from payment. It is expressly acknowledged by Contractor that said payment shall not be interpreted nor construed as a penalty but is in fact a good faith attempt to fix damages which the City will suffer in the event Contractor fails to perfonn as required hereunder. 12 8.0 PUBLIC HEALTH AND SAFETY 8.1 PROTECTION OF PERSONS AND PROPERTY The Contractor shall submit, for the City's approval, a project safety and security plan that describes the Contractor's plans and procedures to protect the safety and property of property owners, residents, and passers-by. The plan shall describe measures and precautions to be taken during working hours and non-working hours. A. Safetv Precautions and Programs The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work in accordance with the U.S. Department of Labor Occupational Safety and Health Act and the laws of the State of Florida. This Contract requires that the Contractor and any and all subcontractors hired by the Contractor comply with all relevant standards of the Occupational Safety and Health Act. Failure to comply with the Act constitutes a failure to perform. The Contractor agrees to reimburse the City for any fines and/or court costs arising from penalties charged to the City for violations of OSHA committed by the Contractor or any and all subcontractors. B. Safetv of Persons and Propertv The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to, all employees on the Work and all other persons who may be affected thereby; all the work materials and equipment to be incorporated therein, whether in storage on or off the project site, under the care, custody or control of the Contractor or any of his subcontractors; and other property on 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. The Contractor shall be held fully responsible for such safety and protection until final written acceptance of the Work. Fire hydrants on or adjacent to the Work shall be kept accessible to fire fighting equipment at all times. Temporary provisions shall be made by the Contractor to insure the proper functioning of all swales, gutters, sewer inlets, drainage ditches and irrigation ditches, which shall not be obstructed except as approved by the City. The Contractor acknowledges that, in executing the Project, it will operate machinery and equipment that may be dangerous to the adjacent property owners and the general public. 13 The Contractor will be required to conduct excavations for the Project which may be hazardous to person and property. The Contractor shall develop and implement a job safety and security plan which will adequately protect all property and the general public. C. Within Airport Propertv. When the work requires closing an air operations area of the airport or a portion of such area, the Contractor shall furnish, erect, and maintain temporary markings and associated lighting conforming to the requirements of AC 150/5340-1F, Marking of Paved Areas on Airports. The Contractor shall furnish, erect, and maintain markings and associated lighting of open trenches, excavations, temporary stockpiles, and its parked construction equipment that may be hazardous to the operation of emergency fire-rescue or maintenance vehicles on the airport in reasonable conformance to AC 150/5370-2C, Operational Safety on Airports During Construction. The Contractor shall identify each motorized vehicle or piece of construction equipment in reasonable conformance to AC 150/5370-2c. The Contractor shall furnish and erect all barricades, warning signs, and markings for hazards prior to commencing work which requires such erection and shall maintain the barricades, warning signs, and markings for hazards until their dismantling is directed by the Engineer. Open-flame type lights shall not be permitted within the air operations areas of the airport. 8.2 OPEN TRENCHES The Contractor shall fully comply with Florida Statutes and OSHA regulations with regard to open trenches during construction. The Contractor shall be place construction hazard fencing along any open trenches during the construction work-day, and shall leave no open trenches or excavations over-night unless properly fenced and with the specific approval of the Engineer or the City. 8.3 PLACEMENT OF HEAVY EQUIPMENT The Contractor shall park any construction equipment left overnight or on weekends in designated areas. At the close of work each day, the equipment shall be driven to and stored in the designated area so that the equipment will not become an "attractive nuisance" to neighborhood children. All equipment left unattended during the course of working day, such as during lunch hours or work breaks, shall not be left in a condition or location which would create a safety hazard to the general public. All keys shall be removed from the machines during those times. 14 8.4 TEMPORARY FACILITIES AND CONTROLS The Contractor shall provide controls for sanitary facilities, environmental protection and safety controls on site acceptable to the Florida Department of Health and Rehabilitative Services, Department of Environmental Protection, and St. Johns River Water Management District. 8.5 SANITARY PROVISION The Contractor shall provide and maintain such sanitary accommodations adequate for the use of his employees and those of his subcontractors, and as may be necessary to comply with the requirements and regulations of the local and state departments of health. Such facilities shall be made available when the first employees arrive on site of the Work, shall be properly secluded from public observation, and shall be constructed and maintained during the progress of the Work in suitable numbers and at such points and in such manner as may be required or approved. The Contractor shall maintain the sanitary facilities in a satisfactory and sanitary condition at all times and shall enforce their use. Contractor shall rigorously prohibit the committing of nuisances on the site of the Work, on the lands of the City or an adjacent property. The City shall have the right to inspect such facilities at all times to determine whether or not they are being properly and adequately maintained. Following the period of necessity for such accommodations, they and all evidence affixed thereto shall be removed. 8.6 WATER AND ELECTRIC SUPPLY The Contractor shall make all necessary applications and arrangements, and pay all fees and charges for water and electrical service necessary for the proper completion of the Project up to the time of final acceptance. The Contractor shall provide and pay for any temporary piping and connections. 8.7 NOISE CONTROL The Contractor shall provide adequate protection against objectionable noise levels caused by the operation of construction equipment, and shall submit a plan to the Engineer for his review prior to initiation and implementation of the plan. 8.8 DUST CONTROL The Contractor shall provide for adequate protection against Tlnsmg unreasonable objectionable dust clouds caused by moving construction equipment, high winds or any other cause, and shall submit a plan to the Engineer for his review prior to initiation and implementation of the plan. 15 8.9 WATER CONTROL The Contractor shall provide for satisfactory disposal of surplus water and shall submit a plan to the Engineer for his review prior to initiation and implementation of the plan. Prior approval shall be obtained from the proper authorities for the use of public or private lands or facilities for such disposal. 8.10 POLLUTION, SILTATION AND EROSION CONTROL The Contractor shall provide for and take sufficient reasonable precautions to prevent pollution of private and public lands, reservoirs, ponds, rivers, streams, creeks, etc., by the disposal of surplus materials in the forms of solids, liquids or gases including, but not limited to, fuels, oils bitumen, calcium chloride or other harmful materials. Contractor shall conduct and schedule Work operations so as to avoid or otherwise minimize pollution or siltation of streams, lakes and reservoirs and to avoid interference with movement of migratory fish where there is a high potential for erosion and subsequent water pollution. Erosion control features shall be constructed concurrently with other work and at the earliest practicable time. The Contractor shall prepare a detailed description of Contractor's plan for Erosion and Turbidity Control, including location of erosion control and turbidity control devices, marked on a plan set as needed for clarity. The erosion and turbidity control shall meet the requirements of the St. John's River Water Management District for control of discharge of Total Suspended Matter, and shall prevent water and wind erosion of open excavations and swales. Contractor shall comply and be responsible for coordinating all current US EP A National Pollution Discharge Elimination System (NPDES) guidelines and documentation for construction. 8.11 LIMITATION OF OPERATIONS The Contractor shall control its operations and the operations of its subcontractors and suppliers so as to provide for the free and unobstructed movement of aircraft in the AIR OPERATIONS AREAS of the airport. When the work requires the Contractor to conduct its operations within the Air Operations Area of the airport, the work shall be coordinated with airport management (through the Engineer) at least 48 hours prior to commencement of such work. The Contractor shall not close an Air Operations Area until so authorized by the Engineer and until the necessary temporary marking and associated lighting is in place. 16 When the contract work requires the Contractor to work within an Air Operations Area of the airport on an intermittent basis, the Contractor shall maintain constant communications as hereinafter specified; immediately obey all instructions to vacate the Air Operations Area, and immediately obey all instructions to resume work in the Air Operations Area. Failure to maintain the specified communications or to obey instructions shall be cause for suspensions of the Contractor's operations in the Air Operations Area until the satisfactory conditions are provided. The Air Operations Area that cannot be closed to operating aircraft on a continuous basis, and will therefore only be closed on an intermittent basis, are indicated on the drawings or will be designated by the Engineer. Article III - SUPERVISION AND ADMINISTRATION 9.0 ENGINEER, CITY, CONTRACTOR RELATIONS 9.1 ENGINEER'S RESPONSIBILITY AND AUTHORITY All work done shall be subject to the construction review of the Engineer and City. Any and all technical questions which may arise as to the acceptability of materials furnished, work performed, or work to be performed, and all technical questions as to the acceptable fulfillment of the Contract on the part of the Contractor shall be referred to the Engineer who will resolve such questions. All claims of a technical nature of the City or Contractor shall be presented to the Engineer for resolution. 9.2 SUSPENSION OF WORK The City shall have the authority to suspend the Work wholly or in part, for such periods as may be deemed necessary and for whatever cause, to include but not be limited to, unsuitable weather or such other conditions as are considered unfavorable for prosecution of the Work, failure on the part of the Contractor to carry out the provisions of the Contract or to supply materials meeting the requirements of the Specifications, or the action of a governmental agency, by serving written notice of suspension to the Contractor. In the event that the Engineer shall become aware of any condition which may be cause for suspension of the Work, the Engineer shall immediately advise the City of such condition. The Contractor shall not suspend operations under the provisions of this Paragraph without the City's permission. Any such suspension in excess of ten (10) calendar days, if not the fault of Contractor, shall entitle the Contractor to negotiate a reasonable additional fee for remobilization and shall extend the time for completion. 9.3 CONSTRUCTION REVIEW OF WORK All materials and each part or detail of the Work shall be subject at all times to construction review by the Engineer and the City. The Engineer and the City may appoint inspectors. The Contractor will be held strictly to the true intent of the Plans and Specifications in regard to quality of materials, workmanship, and the diligent execution of the Contract. Such construction review may include mill, plant, or shop inspection, and 17 any material furnished under the Contract is subject to such inspection. The Engineer and the City shall be allowed access to all parts of the Work and shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed review. The City shall not be responsible for the acts or omissions of the Contractor. 9.4 QUALITY ASSURANCE TESTS AND PRELIMINARY OPERATION The Contractor shall perform the work of placing in operation all equipment installed under this Contract, except as specifically noted hereinafter. The Contractor shall make adjustments necessary for proper operation. The Contractor shall provide construction labor required for preliminary operation of the equipment installed under this Contract. The Contractor shall notify the City when work is considered to be complete, in operating condition, and ready for inspection and tests. The City will conduct quality assurance tests it deems necessary to determine if the Work functions properly. Arrangements for these quality assurance testing laboratory services will be made by the City. Payment for testing to show compliance with specified requirements, as well as the cost of retesting when materials and workmanship fail to meet specified requirements, will be deducted from moneys due the Contractor. 9.5 EXAMINATION OF COMPLETED WORK The City may request an examination of completed work of the Contractor at any time before acceptance by the City of the Work and shall remove or uncover such portions of the finished work as may be directed. After examination, the Contractor shall restore said portions of the Work to the standard required by the Plans and Specifications. Should the work thus exposed or examined prove acceptable, the uncovering or removing and the replacing of the covering or making good of the parts removed shall be paid for as extra work, but should the work so exposed or examined prove unacceptable, the uncovering, removing and replacing shall be at the Contractor's expense. 9.6 CONTRACTOR'S SUPERINTENDENT A qualified superintendent, who is acceptable to the City, shall be maintained on the project and give sufficient supervision to the Work until its completion. The superintendent shall have full authority to act on behalf of the Contractor, and all communications given to the superintendent shall be considered given to the Contractor. In general, such communications shall be confirmed in writing and always upon written request from the Contractor. 18 9.7 CITY'S RIGm TO CORRECT DEFICIENCIES Upon failure of the contractor to perform the work in accordance with the Contract Documents, including any requirements with respect to the Schedule of Completion, and after ten (10) days written notice to the Contractor, the City may, without prejudice to any other remedy he may have, correct such deficiencies. The Contractor shall be charged all reasonable costs incurred to correct deficiencies. 9.8 CITY'S RIGHT TO TERMINATE CONTRACT AND COMPLETE WORK In the event of any default by the Contractor, the City shall have the right to terminate the Contract upon issuance of written notice of termination to the Contractor stating the cause for such action and after allowing 10 days to cure. This Agreement may be terminated by the City without cause provided at least thirty (30) days written notice of such termination shall be given to the Contractor. In the event of termination, the City may take possession of the Work and of all materials, tools and equipment thereon and may finish the Work by whatever method and means it may select. It shall be considered a default by the Contractor whenever it shall: (a) Declare bankruptcy, become insolvent or assign his assets for the benefit of his creditors. (b) Disregard or violate the provisions of the Contract Documents or City's written instructions, or fail to prosecute the Work according to the agreed schedule of completion including extensions thereof. (c) Fail to provide a qualified superintendent, competent workmen or subcontractors, or proper materials, or fail to make prompt payment therefore. 9.9 RIGmS OF VARIOUS INTEREST Wherever work being done by the City's forces or by other contractors is contiguous to work covered by the Contract, the respective rights of the various interests involved shall be established by the City, to secure the completion of the various portions of the Work in general harmony. 9.10 SEPARATE CONTRACTS The City may let other contracts for other work in connection with the Work of the Contractor. The Contractor shall cooperate with other contractors with regard to storage of materials and execution of their work. It shall be the Contractor's responsibility to inspect all work by other contractors affecting its work and to report to the City any aspects of that work which will impact Contractor's ability to complete its work in a satisfactory manner. Contractor's failure to notify the City of such impacts shall indicate 19 9.11 SUBCONTRACTS AND PURCHASE ORDERS the work of other contractors will not impact the ability of Contractor to satisfactorily complete its work. As shown on the attached Services Agreement - Exhibit "A", there are items of work to be performed by City personnel. This work shall be performed in a timely fashion, and shall be performed subject to the direction of Contractor. In the event Contractor incurs increased or additional costs as a result of failure on the part of City personnel to perform in a timely manner, Contractor shall be entitled to be fully compensated for such costs (without allowance for profit and overhead) notwithstanding the "no monetary compensation for delay" provision of Paragraph 7.6 above. Prior to signing the Contract for subcontracts executed prior thereto, or thereafter at the time specified by the City, the Contractor shall submit in writing to the City the names of the subcontractors proposed for the Work. Subcontractors may not be changed except at the request or with the approval of the City. The Contractor is responsible to the City for the acts and omissions of its subcontractors and their direct or indirect employees, to the same extent as it is responsible for the acts and omissions of its employees. The Contract Documents shall not be construed as creating a contractual relation between any subcontractors and the City. The Contractor shall bind every subcontractor by the terms of the Contract Documents. 9.12 WORK DURING AN EMERGENCY The Contractor shall perform any work and shall furnish and install materials and equipment necessary during an emergency endangering life or property. In all cases, it shall notify the Engineer and City of the emergency as soon as practicable, but it shall not wait for instructions before proceeding to properly protect both life and property. 9.13 ORAL AGREEMENTS No oral order, objection, claim or notice by any party to the others shall affect or modify any of the terms or obligations contained in any of the Contract Documents, and none of the provisions of the Contract Documents shall be held to be waived or modified by reason of any act whatsoever, other than by a definitely agreed waiver or modification thereof in writing, and no evidence shall be introduced in any proceeding of any other waiver or modification. 9.14 NIGHT AND/OR SUNDAY WORK Night and Sunday work will be permitted. 20 21 9.15 UNAUTHORIZED WORK Work done without lines and grades having been established, work done without proper inspection, or any changes made or extra work done without written authority will be done at the Contractor's risk and will be considered unauthorized, and, at the option of the City, may not be measured and paid for. 9.16 USE OF COMPLETED PORTIONS OF THE WORK The City shall have the right to use, occupy, or place into operation any portion of the Work that has been completed sufficiently to permit safe use, occupancy, or operation, as determined by the Engineer and only after issuance of a C.O. or T.C.O. If such use, occupancy, or operation increases the cost of or delays the Work, the Contractor shall be entitled to extra compensation, or an extension of time, or both, as determined by the Engineer. However, if Contractor has failed to complete the Work in accordance with the time requirements of the Agreement, no compensation (including set-offs to liquidated damages) shall be allowed for such use or occupancy. 9.17 CONTRACTOR'S RESPONSIBILITY FOR WORK Until acceptance of the Work by the City, it shall be under the charge and care of the Contractor, and it shall take every necessary precaution against injury or damage to the Work by the action of the elements or from any other cause whatsoever, whether arising from the execution or from the non-execution of the Work. The Contractor shall rebuild, repair, restore and make good, without additional compensation, all injury or damage to any portion of the Work occasioned by any cause, other than the sole and active negligence or acts of the City, before its completion and acceptance. 10.0 MEASUREMENT AND PAYMENT 10.1 DETAILED BREAKDOWN OF CONTRACT The Contractor shall submit a complete breakdown of the contract amount showing the value assigned to each part of the Work, including an allowance for profit and overhead within ten (10) days of the execution of the Contract by the parties. Upon approval of the breakdown of the contract amount by the Engineer and the City, it shall be used as the basis for all requests for payment. 10.2 REQUEST FOR PAYMENT The Contractor may submit to the City not more than once each month a request for payment for work completed. Where applicable, the Contractor may choose to submit a request for payment at the substantial completion of each Work Order. The City may elect to provide its own form for the Contractor to submit progress payment requests. The standard form provided by the City, or a form presented by the Contractor having An amount of 10% of each monthly pay request shall be retained until final completion and written acceptance of the Work by the Engineer. Payment of the retainage shall be included in the Contractor's final pay request in accordance with Paragraph 10.14. Any deviation in the release or partial release of the 10% retainage shall be at the sole discretion of the City, but in no case earlier than completion of the Engineer's "punch list inspection", which will take place no later than ten (10) days after the Contractor advises of Substantial Completion. received prior approval from the City, can be used for the submittal of a progress payment. The Contractor shall furnish the Engineer and the City all reasonable facilities required for obtaining the necessary information relative to the progress and execution of the Work. In addition to each month's invoice, an updated project schedule shall be submitted. Each request for payment shall be computed from the work completed to date on all items listed in the detailed breakdown of the contract amount less previous payments and back charges. If payment is requested on the basis of materials and equipment not incorporated in the project but delivered and suitably stored at the site or at another location agreed to in writing, the payment request shall also be accompanied by a bill of sale, invoice or other documentation warranty that the City has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, all of which shall be satisfactory to the City. No payments shall be made for materials stored on site without approval of the City. Any request for payment shall be accompanied by claim releases for work done or materials furnished for, in connection with the next prior draw, in accordance with Paragraph 10.13. Prior to submission of any request for payment by the Contractor, the Engineer shall review the request for payment to determine the following: (a) That the work covered by the request for payment has been completed in accordance with the intent of the Plans and Specifications. (b) That the quantities of work have been completed as stated in the request for payment, whether for a unit price contract or for payment on a lump-sum contract. 10.3 CITY'S ACTION ON A REQUEST FOR PAYMENT Within thirty (30) days from the date of receipt of a request for payment the City shall do one of the following: (a) Approve and pay the request for payment as submitted. 22 (e) Damage to another contractor. (b) Approve and pay such other amount of the request for payment in accordance with Paragraph lOA as the City shall decide is due the Contractor, informing the Contractor in writing of the reasons for paying the amended amount. (c) Disapprove the request for payment in accordance with Paragraph lOA informing the Contractor in writing of the reasons for withholding payment. lOA CITY'S RIGHT TO WITHHOLD PAYMENT The City may withhold payment in whole or in part on a request for payment to the extent and amount necessary and reasonable for any of the following reasons: (a) Work not performed but included in the request for payment, or the contract Price has been reduced by written Change Order. (b) Work covered by the request for payment which is not in accordance with the Plans, Specifications and generally accepted construction practices, including if, in the opinion of the City, there is sufficient evidence that the Work has not been satisfactorily completed, or based upon tests and/or inspections the work is defective or has been damaged requiring correction or replacement. (c) In the event of a filing of a claim or lien, or information received by City of a potential filing of a claim or lien against the Contractor or City. (d) Failure of the Contractor to make payments to subcontractors, material suppliers or labor. (f) The City has had to correct a defect in the Work, or there are other items entitling the City to a set-off against the amount recommended. (g) Default of any of the provisions of the Contract Documents. 10.5 PAYMENT FOR UNCORRECTED WORK Should the City direct, in writing, the Contractor not to correct work that has been damaged or that was not performed in accordance with the Contract Documents, an equitable deduction from the contract amount shall be made to compensate the City for the uncorrected work. 10.6 PAYMENT FOR REJECTED WORK AND MATERIALS The removal of work and materials rejected under Paragraph 5.3 and the re-execution of work by the Contractor shall be at the expense of the Contractor and the Contractor shall 23 A. Change Orders pay the cost of replacing the destroyed or damaged work of other contractors by the removal of the rejected work or materials and the subsequent re-execution of that work. In the event that City incurs expenses related thereto, Contractor shall pay for the same within thirty (30) days after written notice to pay is given by the City. If the Contractor does not pay the expenses of such removal, after ten (10) days written notice being given by the City of its intent to sell the materials, the City may sell the materials and shall pay to the Contractor the net proceeds therefrom after deducting all the costs and expenses that are incurred by the City. If the proceeds do not cover the expenses incurred by the City, such additional amounts may be set-off against any payments due Contractor. 10.7 CHANGES IN THE WORK If conditions require a change in the scope of work, such change shall be effected by the Contractor when the City issues a written Change Order. The Change Order shall set forth in complete detail the nature of the change, the change in the compensation to be paid the Contractor, whether it is an addition or a reduction of the original total contract cost and whether an extension of the completion date is applicable. Should additional or supplemental drawings be required, they will be furnished by the Contractor. Compensation to be paid to the Contractor for accomplishing the work of a Change Order shall be established in one of the following ways: (a) By lump sum proposed by the Contractor and accepted by the City. (b) By unit prices established and agreed to. (c) By unit prices established for additional kinds of work. (d) By other methods as may be mutually agreed upon. (e) By force account wherein the Contractor provides the labor and materials at Contractor's direct cost plus 15% for overhead and profit. When the force account method is used, the Contractor shall provide full and complete records of all costs for review by the City. Said Change Order shall constitute full compensation for all claims relating to the changed or additional work, including delay damage claims. B. Claims Claims arising from changes or revisions to the scope of work made by the Contractor at the City's request shall be presented to the City before work starts on the changes or revisions. If the Contractor deems that extra compensation is due for work not covered herein, or in Supplemental Agreement, the Contractor shall notify the City in writing of 24 C. Differing Site Conditions its intention to make claim for extra compensation before work begins on which the claim is based. If such notification is not given and the City is not afforded by the Contractor a method acceptable to the City for keeping strict account of actual cost, then the Contractor hereby waives its request for such extra compensation. The City is not obligated to pay the Contractor if the City is not notified as described above. The Contractor may refuse to perform additional work requested by the City until an appropriate agreement is executed by the parties. Such notice by the Contractor and the fact that the City has kept account of the costs as aforesaid shall not in any way be construed as proving the validity of the claim. Contractor shall promptly, and before such conditions are disturbed, notify City in writing of: 1. Subsurface or latent physical conditions at the site differing materially from those indicated in this Agreement and its subparts; or 2. Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inhering in the work of the character provided for in this Agreement. If City finds that conditions materially differ and will cause an increase or decrease in the Contractor's cost or the time required to perform any part of the work under this Agreement, whether or not changed as a result of such conditions, the City shall approve an equitable adjustment and will according modify the Agreement in writing. Any claim for an equitable adjustment of the contract price based upon differing site conditions is specifically conditioned upon prior written approval of the additional compensation by City. Said equitable adjustment shall constitute full compensation for all claims relating to the differing conditions, including delay damage claims. No claim of the Contractor under this clause shall be allowed unless the Contractor has given the notice required herein. Further, no claim by the Contractor for an equitable adjustment shall be allowed if asserted after final payment under this Agreement. 10.8 CANCELED ITEMS OF WORK The City shall have the right to cancel those portions of the contract relating to the construction of any item provided therein. Such cancellation, when ordered by the City in writing, shall entitle the Contractor to the payment of a fair and equitable amount covering all costs incurred by him pertaining to the canceled items before the date of cancellation or suspension of the Work. The Contractor shall be allowed a profit and overhead allowance percentage on the materials used and on construction work actually done, at the same rates as provided for "Changes in the Work", but no allowance will be made for anticipated profits. Acceptable materials ordered by the Contractor or delivered on the site before the date of such cancellation or suspension shall be purchased from the 25 A. Termination bv Citv for Cause Contractor by the City at actual cost plus profit and overhead allowance, and shall thereupon become the property of the City. 10.9 PAYMENT FOR WORK SUSPENDED BY THE CITY If the Work or any part thereof shall be suspended by the City as provided in Paragraph 9.2, the Contractor will then be entitled to payment for all work done except as provided in Paragraph 10.4. 10.10 PAYMENT FOR WORK BY THE CITY The cost of the work performed by the City removing construction materials, equipment, tools and supplies in accordance with Paragraph 5.6 and in correcting deficiencies in accordance with Paragraph 9.7 shall be paid by the Contractor. 10.11 PAYMENT FOR WORK FOLLOWING CONTRACT TERMINA nON Upon termination of the contract by the City for cause, including abandonment or termination by Contractor, the City may enter into an agreement with others for the completion of the Work under this Agreement and the Contractor shall be held harmless for the work of others. No further payments shall be due the Contractor until the Work is completed and accepted by the City. If the unpaid balance of the contract amount shall exceed the cost of completing the Work including all overhead costs, Contractor shall be paid up to the amount of the excess balance on a quantum meruit basis for the work done prior to termination. If the cost of completing the Work shall exceed the unpaid balance, the Contractor or its Surety shall pay the difference to the City. The cost incurred by the City as herein provided shall include the reasonable cost of the replacement contractor and other reasonable expenses incurred by the City through the Contractor's default. In either event, all work done, tracings, plans, specifications, maps, computer programs and data prepared by Contractor under this Agreement shall be considered property of City. B. Termination bv Citv Without Cause In the event the City without cause abandons, terminates or suspends this Agreement, the Contractor shall be compensated for services rendered up to the time of such termination, including start-up and mobilization efforts, on a quantum meruit basis and any work done or documents generated by the Contractor shall remain the property of the City. 10.12 TERMINATION OF CONTRACTOR'S RESPONSIBILITY The Contract will be complete when all work has been finished, the final construction review is made by the Engineer, and the Engineer certifies in writing that the project is complete. 26 10.14 ACCEPTANCE AND FINAL PAYMENT 10.13 RELEASE OF CLAIMS (INTERIMlFINAL) The Contractor shall deliver, with each request for payment, a completed Affidavit and Release of Claim on a form supplied by the City for Work paid for in connection with the next prior Draw. Also, from each supplier or subcontractor who has notified the City of his right to file a Claim (Notice to City) or who is listed in the Contractor's Affidavit and Release of Claim as an unpaid, potential Claimant, a Claimant's Sworn Statement of Account, executed by the supplier or subcontractor, must be attached to each request for payment. If the completed forms are not supplied with the request for payment, the City will notify Contractor of the outstanding claims of record and, if said completed form(s) are not supplied within thirty (30) days, the City shall make joint payments to the Contractor and outstanding claimants. When it is determined, as a result of a joint inspection of the Work by the Contractor, City, and Engineer that the Work has been completed in accordance with the terms of the Contract Documents, the Engineer shall certify completion of the Work to the City. At that time, the Contractor may submit the Contractor's final request for payment. The Contractor's final request for payment shall be the contract amount plus all approved written additions less all approved written deductions and less previous payments made. As a condition for Final payment, a Contractor's Final Affidavit must be received by the City along with his Final Payment Request and any as-built drawings which may be required. The Contractor shall furnish full and final releases of Claim for labor, materials and equipment incurred in connection with the Work, following which the City will release the Contractor except as to the conditions of the performance bond, any legal rights of the City, required guarantees and satisfaction of all warranty work, and shall authorize payment of the Contractor's final request for payment, which shall be made within thirty (30) days after Engineers Certification of Completion of the Work. 10.15 SA TISF ACTION OF WARRANTY WORK AFTER FINAL PAYMENT The making of the final payment by the City to the Contractor shall not relieve the Contractor of responsibility for faulty materials or workmanship. The City shall promptly give notice of faulty materials and workmanship and the Contractor shall promptly replace any such defects discovered within one (1) year from the date of final written acceptance of the Work by the City. 11.0 PUBLIC CONTRACT REQUIREMENTS 11.1 COVENANT AGAINST CONTINGENT FEES The Contractor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor, to solicit or secure 27 11.3 CERTIFICATION OF RESTRICTIONS ON LOBBYING this Agreement and that he has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this paragraph, the City shall have the right to terminate the Agreement without liability and, at its discretion, deduct from the Agreement price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. 11.2 INTEREST OF MEMBERS OF CITY AND OTHERS No officers, members or employees of the City and no member of its governing body, and no other public official of the governing body of the locality or localities in which services for the facilities are situated or carried out, who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this project, shall participate in any decision relating to this Agreement which affects his personal interest, or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. The Contractor agrees that no Federal appropriated funds have been paid or will be paid by or on behalf of the Contractor to any person for influencing or attempting to influence any officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment or modification of any Federal contract, Grant, loan or cooperative agreement. Further, Contractor shall fully comply with the Federal Lobbying Disclosure Act of 1995. If any funds other than Federal appropriated funds have been paid by the Contractor to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with any Agreement, the undersigned shall complete and submit the attached Standard Form-LLL "Disclosure Form to Report Lobbying" in accordance with its instructions. Any and all subcontracts executed by Contractor for the Work hereunder shall likewise certify and disclose accordingly 11.4 INTEREST OF CONTRACTOR The Contractor covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which shall conflict in any manner or degree with the performance of services required to be performed under this Agreement. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed. The Contractor shall not undertake any professional work which conflicts with his duties as the City's Contractor without the prior written consent 28 11.7 COMPLIANCE WITH LAWS of the City during the term of this Agreement. Any work where the Contractor can reasonably anticipate that it may be called to testify as a witness against the City in any litigation or administrative proceeding will constitute a conflict of interest under this Agreement. 11.5 PUBLIC ENTITY CRIMES The Contractor shall file the attached sworn statement which is entitled PUBLIC ENTITY CRIMES, stating whether a person or affiliate as defined in Section 287.133 (1) Florida Statutes, has been convicted of a public entity crime subsequent to July 1, 1989, in accordance with the provisions of said statute. 11.6 DRUG-FREE WORKPLACE The Agreement documents also consist of the "Drug-Free Workplace Form" which is in accordance with Florida Statute 287.089 and must be signed and instituted. Contractor shall comply with all applicable federal laws that in any way regulate or impact the Work, including, but not limited to, The Clean Air Act (42 USC g7506(c)), The Endangered Species Act (16 USC g1531, et seq.), Executive Order No. 11593, Executive Order No. 11988, Executive Order No. 11990, The Fish and Wildlife Coordination Act (PL 85-624), The Safe Water Drinking Act Section 1424(e) (PL 93- 523, as amended), The Wild and Scenic Rivers Act (pL 90-542, as amended), The Demonstration Cities and Metropolitan Development Act of 1966 (PL 89-754), Section 306 of The Clean Air Act, Section 508 of The Clean Water Act, Executive Order No. 11738, The Civil Rights Act of 1964 (PL 88-352), The Age Discrimination Act (PL 94- 135), Section 13 of The Federal Water Pollution Control Act (PL 92-5(0), Executive Order No. 11246, Executive Order No. 11625, Executive Order No. 12138, Executive Order No. 12549, The Davis Bacon Act (40 USC g276), the Occupational Safety and Health Act and applicable regulations, and the Americans with Disabilities Act (pL 101- 336). 11.8 INSURANCE The Contractor agrees to carry insurance, of the types and subject to the limits as set forth below and maintain said insurance during the life of this agreement: (a) Workers' Compensation Contractor shall purchase workers' compensation insurance as required by law. (b) Commercial General Liability - Contractor shall purchase Commercial General Liability insurance with a combined single limit of at least $1,000,000. 29 (c) Commercial Auto Liabilitv - Contractor shall purchase Commercial Auto Liability insurance with a combined single limit of at least $1,000,000. Further, Contractor shall maintain such insurance as is reasonably required to satisfy its obligations under Paragraph 9.18 for the Work paid for by the City but not yet accepted. The insurance company selected shall be A+ or better per the Best's Key Rating Guide. The Contractor and the insurance company(s) shall agree to furnish the City thirty (30) days written notice of their intent to cancel or terminate said insurance. It is the full responsibility of the contractor to insure that all sub-contractors have full insurance coverage as stated above. The Contractor shall not commence the Work under this contract until he has obtained all the insurance required under this paragraph and certificates of such insurance have been submitted to the City, nor shall the Contractor allow any subcontractor to commence work on his subcontract until all insurance required has been so obtained and approved by the City. The Contractor shall carry and maintain until acceptance of the Work, insurance as specified herein and in such form as shall protect him and any subcontractor performing work under this Contract, or the City, from all claims and liability for damages for bodily injury, including accidental death, under this Contract, whether by himself or by any subcontractor or by anyone directly or indirectly employed by either of them. The Contractor shall furnish to the City certificates of insurance in duplicate showing proof of insurance, naming the City as an additional insured party, prior to the start of construction as provided in the Contract. 11.9 BOND The Contractor shall provide bonds issued by companies holding certificates of authority as acceptable sureties in the form prescribed by State Law, and generally as shown in these Documents, for Performance and Payment, each in the amount of 100% of the total contract amount. 11.10 LAWS TO BE OBSERVED The Contractor shall give all notices and comply with all federal, state and local laws, ordinances, permit requirements and regulations in any manner affecting the conduct of the Work, and all such orders and decrees as enacted by bodies or tribunals having any jurisdiction or authority over the Work, and shall indemnify and save harmless the City and Engineer against any expense, claim or liability arising from, or based on, the violation of any such law, ordinance, regulation, permit requirements, order or decree, whether by himself or his employees. The failure of the Contractor to adhere to any known law or regulation pertaining to furnishing services under this Agreement shall constitute a material breach of this Agreement. The Contractor acknowledges that this 30 requirement includes compliance with all federal, state and local health and safety rules and regulations. . The Contractor shall keep himself fully informed of all existing and pending state and national laws and municipal ordinances and regulations in any manner affecting those engaged or employed in the Work, or in any way affecting the conduct of tribunals having any jurisdiction or authority over the same. If any discrepancy or inconsistency is discovered in the Plans, Specifications, or Contract for this work in relation to any such law, ordinance, regulations, order or decree, he shall forthwith report the same to the Engineer and City in writing. He shall at all times himself observe and comply with and cause all his agents, subcontractors and employees to observe and comply with decrees; and shall protect and indemnify the City and Engineer, their officers, employees and agents against any expense, claim or liability arising from or based upon violation of any such law, ordinance, regulations, orders or decree, whether by himself or his employees. All building construction work alterations, repairs or mechanical installations and appliances connected therewith shall comply with the applicable building rules and regulations, restrictions and reservations of record, local ordinances and such other statutory provisions pertaining to this class of work. 11.12 DEBARMENT AND SUSPENSION In accordance with Executive Order 12549, Debarment and Suspension (40 CPR 32), the Contractor shall agree and certify that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency; and that the Contractor shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction without prior written approval of the City. Upon execution of this Agreement by the Contractor, the Contractor shall complete sign and return a copy of the form entitled "Certification Regarding Debarments, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Federally Funded Transactions" attached hereto, and shall include the language of this Paragraph and the attached form in all subcontracts executed to support the Contractor's work under this Agreement. 12.0 MISCELLANEOUS 12.1 ADDRESSES FOR NOTICES All notices given under or in connection with any of the Contract Documents shall be delivered in person, by telegraph or registered or certified mail, or overnight delivery service (such as Federal Express) to the parties at the address as either party may by notice designate. 31 12.2 WRITTEN NOTICE Written notice shall be considered as served when delivered to the designated representative of the Contractor and receipt acknowledged or sent by registered mail, or overnight delivery service (such as Federal Express) to the individual, firm, or corporation to the business address stated in the Bid Proposal. Change of Address: It shall be the duty of each party to advise the other parties to the Contract as to any changes in his business address until completion of the Contract. 12.3 TAXES Contractor shall pay all sales or other taxes of any type which may be incurred in connection with the Work hereunder, and shall reimburse the City for any such taxes paid by the City on behalf of the Contractor. 12.4 TIME IS OF VITAL IMPORTANCE It is agreed and understood that time is of vital importance with respect to the completion date for the Work and all other provisions of the Contract Documents. 12.5 NO WAIVER OF LEGAL RIGHTS Neither the payment for, nor acceptance of the whole or any part of the Work by the City or representatives of the City, nor any extension of time, nor the withholding of payments, nor any possession taken by the City, nor the termination of employment of the Contractor shall operate as a waiver of any portion of the Contract or any power therein reserved or any right therein reserved or any right therein provided, nor shall the waiver by the City of any of the Contractor's obligations or duties under this Agreement constitute a waiver of any other obligation or duty of the Contractor under this Agreement. 12.6 RIGHT TO WORK PRODUCT No reports, data, programs or other material produced in whole or in part under this Agreement shall be subject to copyright by the Contractor, in the United States or in any other country. The City or its assigns shall have the unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data, programs or other material prepared under this Agreement. All tracings, plans, specifications, maps, computer programs and data prepared or obtained under this Agreement shall remain the property of the City. Any use of any plans and specifications by the City except the use reasonably contemplated by the City at the time the City entered this Agreement will be at the City's risk and Contractor, its officers, directors and employees, will be held harmless from such use. 32 Sally A. aio, CMC City Clerk IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. Name: Terrence R. Moore Title: City Manager (SEAL) Approved as to Form and Content for: Reliance by the City of Sebastian Only ;tl ~~ Rich Stringer, City Attorn ----.......----.......----- (;ONTFtJ\(;TOIl -.---...........---...... Signed, sealed and delivered in the presence of: Holland Builders of South Florida;1nc. NAME: Di>'WA 1-. Pe.e5TotJ f);~. dP;V.A~ , By Jf;? q-. Name:John Schma NAME: Lynn Anderson 7J; (~.u< . tit( /I"J J) '---' Title: President 33 SERVICES AGREEMENT - Exhibit A Adjustments to Bid Proposal 1) Cleaf & Grub 1 To be performed bv City) Sq. Ft. Quantity Unit I $ Total Amount 1. Administration Building 13000 2. Police Compound 6600 3. Parking Areas 22400 4. Retention Ponds 15000 57000 $ 0.25 $ 14,250.00 2) Import Fill to Site 1 To be performed bv City ) Cu. Yds. 1. Administration Building 3000 2. Police Compound 500 3. Fill Existing Ditch Areas 1200 4700 $ 6.00 $ 28,200.00 3) Demolition 1 To be performed bv City ) Cu. Yds. 1. Remove Pavement 70 70 $ 25.00 $ Subtotal $ 1.750.00 44,200.00 4) Generator 1. Allowance $75,000.00As per Bid Proposal 2. Credits $25.000.00 Based on adjusted sizing of equipment 3. Adjust I Allowance $50,000.00 Net Adjustment + Allowance $25,000.00 5) Deletion from Proiect as directed from City staff $ Total Project Deducts = $ 6. Alternate: Additions to Proiect IFrom Qualifications to Bid Proposal) Total Deletes $ $ $ 23,600.00 7.200.00 30,800.00 30.800.00 100,000.00 1. Fountain Area 2. Mural 1. Three Phase Power $ 2. Exterior finishes (Hardi Plank) $ 3. Corridor Finishes (Ceilings) $ 50,000.00 15.000.00 8.500.00 Total Additions = $ 73.500.00 NelAdjustment to Bid (Deduct) ($26,500.00) 7. Summary to Contract Adlusted Base Amount 1. Base Bid Amount 2. Adjustment to Bid Amount 3. Total Adjusted Contract AmI. $ 1,876,980.00 Base Bid Amount submitted @ Bid Date 1$26.500.00) (Deduct) $1,850,480.00 Net "Adjusted" Contract Amount 34 ~l. 'II. Holland Builders of South Florida, Inc. Proposina Firms shall include with proposal by the specified date due a statement addressina Paraaraph 5 below. CHANGE ORDER STATEMENT: The Design and Construction of the Administration Building and Police Evidence Compound at the Sebastian Municipal Airport is a design/build project. The scope shall be very specific in critical areas and less defined in others. As aspect of the selection process will be consideration of the Proposing Firms' experience, both individually and combined. It is the intention of the City to select an experienced and qualified team that understands all of the requirements for a complete successful project. No change order shall be initiated by the successful Firm(s) for any matter which would result in an increase in either the contract time or the contract price unless the change is mandatory and is a direct consequence of a new or changed governmental regulatory requirement which occurred subsequent to completion of the Contract with the successful Firms(s). 7-~S'- 63 Date L Kelly, Project Ma 4860 Northeast 12th Avenue . Ft. Lauderdale, Florida 33334.954/771-2210. FAX 954/771-3745 (SEAL) 200_, FORM OF NONCOLLUSION AFFIDA vrr (This Affidavit is Part of Bid) STATE OF Florida COUNTY OF Broward ) ) SS. ) Diana L. Preston being first duly sworn, deposes and says thatfbe is President (Sole O'WIler, a partner, president, secretary, etc.) of Holland Builders of South Florida, Inc. the party rn~lri"B the foregoing Fi1J!lncial Price Proposal or Bid that such Price Proposal or Bid is genuine and not collusive or sham; that said Proposing Firm or Bidder has not colluded, conspired, connived, or agreed, directly or indirectly, with any Proposing Firm or Bidder or person, to put in a sham Price proposal or Bid, or that such other person shall refrain from proposing or bidding, and has not in any manner, directly or indirectly sought by agreement or collusion, or conmnmication or conference, with any person, to fix the Proposed or Bid Price of affiant or any other Proposer or Bidder, or to fix any overhead, profit or cost element of said Proposed or Bid Price, or of that of any other Proposer or Bidder, or to secure any advantage against OWNER any person interested in the proposed Contract; and that all statements in said Proposal or Bid are true; and further, that such Proposer or Bidder has not, directly or indirectly submitted this BID, or the contents thereof; or divulged infoIDlllii.on or date relative thereto to any association or to any member or agent thereof. . A/I/' ~.J_ j/J{A~ / ~Y\.~ . (Proposer or Bidder) My Commission expires Swomto andsubscnbedbeforemethis 12th day of June 1 , /~~)/;~, y~ .// Notary Public in rind for . . . 7310W/1-/:'"/) County ~WIt'7l'" orFlO/f/bft ~\. F FI, ~ E~IZABETIi H, MILlER Z; p~ ~ My Comm ~. 5/29J04 ," 2] ,........,.,- 1I011w/.0. .2002.. Airport "lilmmiotm!ioo. Building FP-2 FINANCIAL PROPOSAL DESIGN AND CONSTRUCTION OF ADMINISTRATION BUILDING AND POLICE EVIDENCE COMPOUND COMPLETEAND SUBMIT IN SEPARATE SEALED ENVELOPE PROPOSING FIRM: Holland Builders of South Florida, Inc_ ADDRESS: 4860 NE 12th Avenue, Fort Lauderdale, FL AOj~cH..~ - 33334 AUlHORIZED SIGNATURE: PRlNTNAME: Diana L. Preston 1TILE: presdient DATE: 06/12/03 The Proposed Price Amount sta:ted below is the Proposer's full and final cost for the design and CODStruction of the fucility as proposed including all applicable taxes and fees. TOTAL PROPOSED PRICE AMOUNT IN WORDS: One Million Eiqht Hundred Seventy-six Thousand Nine Hundred Eighty & 00/100 Total Proposal Price .Amount >>>>>>>>>>>>>>>>>>>>>>>>> $ 1,876,980.00 FAILURE TO SUBMIT WITH SEAL1ID FINANCIAL PROPOSAL THE PROPOSAL GCMRANTEEIN THE AMOUNT OF 5% OF THE FINANCIAL PROPOSAL PRICE AMOUNT WILL RESULT ON REJECTION OFYOURPROPOSAL 1. Proposal price shall remain fum for 90 days or UDtil e:recution. of the Contract. 2. Proposal Guamntees of unsuccessful Proposers sba11 be retumed 'ID"".hPil upon exPWtion of the COIltract with the successful Proposer. AiIport Administration Building FP-l PUBLIC ENTITY CRIMES --i i , i PuJ.y person submitting a quote, bid, or proposal in response to this invitation or a contract, . must execute the enclosed form PUR. 7069, sworn statement under section 287.133(3)(a), FLORIDA STATIITES, ON PUBLIC ENTITY CRIMES, including proper check(s), in the space(s) provided, and enclose it with his quote, bid, or proposal. If you are submitting a quote, bid. or proposal on behalf of dealers or suppliers who will ship commodities and receive payment from the resulting contract, it is your responsibility to see that copy(ies) of the form are executed by them and are included with your quote, bid, or proposal. Corrections to the form will not be allowed after the quote, bid, or proposal opening time and date. Pailure to complete this form in every detail and submit it with your quote, bid, or proposal may result in immediate disqualification of your bid or proposal. The 1989 Florida Legislature passed Senate Bill 458. creating Sections 287.132 - 133, Florida Statutes, effective July 1, 1989. Section 287.132(3Xd), Florida Statutes, requires the Florida Department of General Services to maintain and make' available to other political entities a "convicted vendor" list consisting of persons and afli1iates who are disqualified from public {lontracting and purcha,.;ng process because they hltve been found guilty of a public entity crime. A public entity crime is described by Section 287.133, Florida Statutes, as a violation of any State or Federa1law by a person with respect to and directly related to the transaction of business with any public entity in Florida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or with an agency or political subdivision. and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. By law no public entity shaI1 accept any bid from, award any contract to, or transact any business in excess of the threshold amount provided in Section 287.017, J:llorida Statutes, for category two with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or af61iate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to Section 287.133(3)(f), Florida Statutes. Therefore, effective October 1, 1990, prior to entering into a contract (formal contract or purchase order) in excess of the threshold amount for category two, to provide goods or services to THE CITY OF SEBAS'I'IAN, a person shaI1 file a sworn statement with the contracting officer or PIirchasing Director, as applicable. The attached stsvero'llIlt or afiidavit will be the form to be u1iIized and must be properly signed in the presence of a notary public or other officer authorized to atlminioter oaths and properly executed. THE INCLlISlON OF THE SWORN STATEMENT OR AFFIDA vrr !m~H. 1m. SllBMJ.lTEJ) CON~Y wrm YOUR OUALIFICATIONS DO~. NON-INCLUSlQN OF THIS DOCUMENT my NECESSITATE REJEC'I10N QF YOUR OUALIFICATlONS/PROPOSAI.,;, .AiJport AdmiDistralion Bui1diDg QF-I QP~I_nn FlImIS J . SWORN STATEMENT UNDER. SECTION 287. 133(3)(a), FLORIDA STATUTES_ ONPUBIJC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF.A: NOTARY PUBLIC OR OUiER OFFICER AUTHOF1'T.1'.n TO ADMINISTER OATHS. I 1. This sworn statement is submitted to THE CITY OF SEBASTIAN with the Qualifications Documents for the following project: DESIGN BUd CONSTRUCTION OF ADMINISTRATION BUILDING at the MUNlCIPAL AIRPORT 2. This sworn statement is submitted by Diana L. Preston ., whose business address is4860 N _E_ 12th Ave .Ft.Laudand (if applicable) its Federal Employer Identification (FEIN) is 65-0768495 3. My name is Diana L. Preston (please print name of individual signing) and my relationship to the entity named above is President 4. I understand that a .public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes. means a violation of any state or federal law by a person with respect to and directly related to the. transaction of business with any . public entity or with an agency or political subdivision of any other state or with the United States, including, bUt not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United .States and involving antitrust, fraud, t1uift, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes. means a finding of guilt or a conviction ofa public entity criJne, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after luly 1, 1989, as a result of a jury verdict, nonjury trial. or entry of a plea of guilty or nolo contendere. .Aitpllrt AdmiDisIration Bui1diDg QF-Z Qpnllfi...mnn Fomis 6. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes. means: (1) A predecessor or successor of a person convicted of a public entity crime; or . (2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the mAnAgement of an atliliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value UDder an arm's length agreement, sball be a prima fiLcie case that one person controls another person. A person who knowingly enters into a joint venture with a T person who has been convicted of a public entity crime in Florida during the preceding 36 months sha11 be considered an affiliate. 7. I understand that a "person" as defined in Paragraph 287.l33(1)(e), Florida Statutes. means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person' includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 8. Based on information and belief; the statement which I have marked below is trUe in relation to the entity submitting this sworn statement. (please indicate which statement applies.) ,,' x Neither the entity submitting this swom statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in m'In"gement of the entity, nor any a:ffiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners; shareholders, employees, members or agents who are active in m""agement of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1. 1989, AMQ (please indicate which additional statement applies.) There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final. order entered by the hearing officer did not place the person or a:ffiliate on the convicted vendor list. (please attach a copy of the final. order.) The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of .A.dministrative Hearings. The final. order entered by the hearing officer determined . that it was in the public interest to remove the person or a:ffiliate from the COIivicted vendor list. (please attach a copy of the final. order.) The person or afIi1iate has not been placed on the convicted vendor list. (please describe any action taken by or pP.nrliT1g with the Department of General Services.) ;())l1MtvciP~ . (Signature) Date: May 13, 2003 .Airport ft_OIrIItinn BuIlding QF-3 QnsIliti",m'lJl.FOIlDS r STATE OF FLORIDA COUNTY OF ..:Bro w{}( d The foregoing instrument was acknowledged before me this ~ day of ~20~by t>iGlI'\~ L.l'~~V\ .~ (title) on behalf of }Iollat'lA '6u' '\u<, Ltlh flov ido. . Helshe' ersonalty Jalown 10 @r has produced as identification and did ( no !lIJ.{e an oath. 1N.~~ ature ) Name: tiv~ J. 'Be.+~ My CommissionExp' : Ik-I~ -2004 Commission Number: Dt'> 121.l'f.40 ...t~ HOLLY J. 8ETZ ~~ . MY COt.4t.41SSION 1/ DD 124l!4O ~:v'.# EJ(P1~ES: [)eCOmber 19. 2004 1~MN' F1.NoUfYSerYiat&Bondln9.1nC. .AiJport AdmiDistrati.on BuiIiIiDg QF-4 QnAlffir;atjOJ'l FlIIDIS DRUG-FREE WORKPLACE FORM The undersigned Contractor, in accordance with Florida Statute 287.087 hereby certiftes tha1Holland Bldrs. of S. Fla.does: 1. Publish a statement notifying employees that the un1a.wful manufacture, distribution, dispp.o~;nR possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a chug-free workplace, any available chug counseling, rehabilitation, employee assistance programs and the penalties that may be imposed upon employees for chug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services a copy of the statement specified in Paragraph 1. 4. In the statement specified in Paragraph 1, notifY the employees that, as a condition of workhjg on the commodities or contractual services that the employee will abide by the terms of the statement and will notifY the employer of any conviction ot: or plea of guilty or nolo contendere to any violation of Chapter 1893 or of any controlled substance law of the United States or any state, for a violation o~ in the workplace no later than :live (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a chug abuse assistance or rehabilitation program if such is available' in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to mRintRin a drug-free workplace through implementation of Paragraph 1 through 5. As the person authorized to sign this statement, I certifY that this firm complies fully with. the above requirements. -Date: May 13, 2003 Bolland Builders of South Florida,Inc. Proposing Firm .AiIporl. AdmiDistration Building QF-5 QPl>llficalion Fonns I ; I i . '_0" CERTIFICATION REGARDl;NG DEBARMENT. SUSPENSIO,N INELJGmlLITY. AND VOLUNTARY ~CLllSION .,- , , , I In accordance with Executive Drder 12549, Debarment and Suspension (40 CPR 32), the DesignlBuild Firm( s) agree( s) and certify that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency; and that the Design/Build Finn(s) shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction without prior written approval of the City. The Design/BuikI Finn( s) further agree( s) by submitting this proposal that it will include this clause without monification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts executed to support the work for this Agreement. NAME OF FIRM: Holland Builders of South Florida, Inc. BY: Diana L_ Preston TITLE: President DATE: Mav 13. 2003 Submit a separate form for co-venture firm(s) AUport AdmiDistraIion Bui1tling QF-6 QJ1s>ltfi...nnn Fmms . EOUAL OPPO~TUNITY REPORT STATEMENT AS REOUlRED BY 41 CFR 60-1.7(b) (THIS STATEMENT IS PART OF THE QUALIFICATION SUBMITTALS) The Proposing Firm(s) shall complete the following statement by checking the appropriate blanks. Failure to complete these blanks may be grounds for rejection of Qualification PackagelProposa1: 1. The Proposing Firm(s) has (have) has not (have not) X developed and has on file at each establishment affirmative action programs pursuant to 41 CPR 60-1.40 and 41 CPR 60-2. 2. The Proposing Firm(s) has (have) has not (have not) X participated in any previous contract or subcontract subject to the equal opportunity clause prescribed by Executive Order 11246, as amP.t1r1ed. 3. The PrOposing Firm(s) has (have) _ has not (have not) ~ filed with the Joint Reporting Committee the annual compliance report on Standard Form 100 (BEO-1 Report). 4. The Proposing Fmn{s) does (do) _ does not (do not) -!-. employ fifty (50) or more employees. NAME OF FIRM: Ho~~and Bui~ders of South F~orida, Inc. BY: ni .=:In-=- T. Prp~:d"nn TITLE: President DATE: May 13. 2003 Submit a separate form for co-venture fmn(s) AUport.AdmiDistratian Building QF-7 QI1alifiClltion Fonns APR 15 2004 3:02PM HP LASERJET 04/15/2084 15:00 7727783&17 3200 toD;!V ASSOC p.2 PAGE il2/ea Dolo,4I1_1Il~"'M _2013 ,.,.". JOM M.N_ AI: _". _. \'aI#YI-'.. ~utO; UOoIlll1-,"1 T.:....., .M:fJB#.. 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"" .-.eo.......... ......., -..... Or_ -."""" ...- , -"""'" ~_1Itn) .auraOl&.~~.M:cz:ort """ ... . ....- _...~ o ......... ...........- ~ . lIaMI"'4. FIJ~'" IDlRO'l'IM'......,t., . , . .- A fto&..l.QJ;l.u. Liabilit _'*'GJlO'I"-, '1'lIWl I_~ A1!III:~i2''7t D8n"D4 04/16'05 -.aM III eJ...::i.a 1.0oa,coo 1 ODD 000 "lIlJIDMlIDOIO " ..4.bdlM.""~ CIIIlTlfIlOAT\!HClI.Olll II .....-.__~IoITT. ._IoATlON Bo1141H a.:u..... .-.so lG 12t:.h. Av-n:ae r-t Lndorda1.. no 33n4 mtII'QIt. .........~P""'..............IINUGC......wtI..._TNlIJI'IlW'IIM DATI~.'nlltllUllO"'VflIlt"""_""'TCl'" ..\IL.DI'/'IWImIN ...,..."'ft'II____'I..uM_'IO.,.......,...,,~'ftItI6l1lt........ ....._0IWlI~'ftOIl_1.IIM.tn'''',.,. ...."""nlIfH__.,.MlIIII9~DIII _.....17/171 ~~ o &aDIIDCCMPORA APR 15 2004 3:02PM HP LASERJET 04/1512004 15:00 7727783&17 toDSBY ASSOC p.2 PAGE 112/93 lloto,oII1lW4llQacA" _:201' 3200 ""'" JOM ilI.N...... AI: _, """.. v...jll'rI_. ....10:_.'001 T.:......, ~CORD. CERTIFICATE OF LIABILITY INSURANCE 1:81I ;DI ....~ 11-1 0 04 11181;11"_1.15_....._..,,-- llNI.1 ...NDCClIlFBlllftO R""'. u____Tf IlDUIiIl. "..CIATIFICA'II...... _AllIN\!, __ OIl Al.TIIl_C__........DBDIIV_I'OL__ - ,Itopzs, =Un't8ll:r VallcrM ::tnSu.an.c;re. Inc. 1117 rbana~4e Rd. foll..d..... l!'L 32303 l!Ioaae: esD-385-2Ul r.,.. 00-31!l-'DZ7 ,- --.--- ~ %uGlNlloe lflJ. .~.".. I"" ~. i:..... "R"!If'5Q -, -"""",,: MlJIWfl:l ..~~ _Ill 'THI POL'ICII!tOF~ LJSTID _LDllAltIAv; IIINIIP.8CI '1'0 'f'MI ~ NifMlDAICW'E I"ClIl 'HEptO\.lCT~tICllQAT'a. lC'MIl'fCI"AMOfNfi N<<"~, TI_Oft C01<<XT1OI\I OPMYCONTIACT OIl: O'TWIKDCC:UI8rTWI'TH lU!IPICT TCWMfCIof ,"",,~"'IlMYU IIIWC OR w.'fPl,",NN. '!HIIltalMNCEAFFQlIDlDlltTHli POUCIOOUOlttllDtII"..rs 1uaJ;cT TO I\Ll THlmwr.IEXCU.IIIl:IJlII,..CClNDtnONlOF I\JCM ~0I..1C1E9. AOlftmA11! 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HOLDIIl II ~~'M'III8lIo!"n: IIoU.nd BU.~s .860 IQ!I 12t.h a"....., !'oz::t Lad_dale I'Z 33334 ~~ AeOItD... {7Ilm . .aa_DCIIIIf'ORA APR 15 2004 3:02PM HP LASERJET 3200 94/15/2084 15: ee 7127783617 MOSS\' ASSOC Prara: .I..,. M. Newt;n A,t RIIl9Ir8I Gul1tr. vauem.....nft F..~ 1&lJ.SI14Ot1 Tel: JHl'l p_3 PAGE: 93/93 1lo1o:4I1_1II:04AU Pql:3d3 AJ;llIJ/i. CERTIFICATE OF LIABILITY INSURANCE _olIO -- _-1. 04 15 0& TIll n__AlA_OF__ _TA/II_IIll____~.... MOLDIll. _~00II/lllT "1lIllI. IXTDO 011 .''TiII TIlI_AF"'~_IY_1'OLICIII eaaw. -- ~.t 8Utv, VMlgM 1JI;~1%.C, U17 tlt-U. lid. ,all....... r.L 32303 9haal!; 190-3&6-1.1.11 f..: ISO-SB5-HZ7 - _Rl"'__ CIfA :tu1lZWlDC8 Ho.l'~.ool..- %1\0. ~ ":":hllH"lfKo -~ ....1: -, NUfIIIIII:l: -. TMi POUC:1U QF IMItJIWlCI LlnbmrINHAVi IIEtt IllUlDTO TMlINllJlllIOfw.w:D MOVE P'ORi TN POUC'I' PEltIDDINDfCATC. Na1"nt"I'HITNfDtNI) f/I#N ~. T!flM OR CCMlI'nCN CliP """ CCl'oITItACT OR C'TtfI1I DOO.IQiNI' WIT'" ftllfl'ECTTO WI4tCfl4T~" ClDtrtl'lOA'tIMAT ,1I""IDO!lt MAY PERTAIN. THlltIIIl.IAANee Nl"aRDED 8YTHW~1C1l!1 DElQIIIIHD H!A!JN ts BUI.ICC'T TOALL TH! 'tnM$, IKCC.l.MIONINID ClQNDmON.S ~ IUCH pg"~CIIi$. AGGR.!oATlfMlTS 8Hl:MWMY.....VlIlEEN~IWPllUDCCAMI~ I~' 1TII'I'GFIII~' ...,...-. " """ I~~_~_~ -- . 1'C~l'fIf'''~fh1 . 1_.CUMlWG~ 0 O~l>>I. "''',.,w "~J I tIlIIRA*LlN:l'tIlU\llr'l' . -- I .2;,-'n""~~, ~.CQIlIICII""" . !'CII&IV I~ I ~c ~I!L.w.lf" c__-.c:LINlf . -- -.- ~ ..-- - Jj.l.IIMWED,\I,~1 .......""" J - #oGM!O.....OS ....-. - --""'"' -...... ..- . - -...... . -...... . f'lI'cllltn9 :r~' .IUfODH.'l"....,4C.~ , ...,.... ~- ....e , ...unlI-'~ "'" , 57-'" -- . C,... 0""",- .......... I =i:..n~ . , '" . i::J=":. I 1"::: . ~4e..Ub..-RJDM.JftO .........- tL.lfCtI~ I G.l.atIl!<<.eIlI!If'LC'IH . . iI!J._.~L"'" . ..- A I'zoe..ss.oaa.:r. ABE2JAD&.zS?' Ot/U/ot o4/1S/as ::=::: 1, DOC r DOO Lieb.u~b . -OM 0'0 _lIPnoNO"OfI~QM,fl~."J _1lI.UN~.....,......_...._.___-~ _llJlCATI MOL_ Illl'llOOlTICllWolMWlm':lNIUllIll,lna CANOILLA7lClN CI'l''f8BB ~.".",..__...-"CWI.LLDIINfQ!'M!1PIMTGN l:M'l'rtHIMW,.,..,..,.....__I.....,..'O... .l.IL ...._ ct tr ~ .....t.1or.. Hemll.'e".~...........'fCII..loPT.-.rr...,.._toltll,,1L 1225 Md... 8"__ ~..ftWU~......IIo""'t/llMllCIMtollJOftMI~........,.,M &eb..Uoa I'L une ~7n ~~ AeDRO u.s 11III~1 tllAClllUlca_'IIOlI_ APR 15 2004 3:02PM HP LASER JET 3200 p.1 Holland Builders 4860 Northell8t Uti! Avenue, Fort Lauderdale, Florida 33334 Phone (954) 771-2210 Fax (954) 771.3745 FACSIMILE To: Jean M. Tarbell City of Sebastian Fax: 772/589-5570 From: Diana Preston Date: April 15, 2004 Number of pages to follow: 2 MAR 04 2004 12:27PM HOLLAND BUILDERS .. ,---...-,. .-....."..._...A.C r-"lI.'U."OV->>l~' 1f>:F~s 9547715080 p.2 0"'::lf4.ll4 11 :30 AM ""ge: 2 of 2 ACDRQ.. CERTIFICATE OF LrABILfTY INSURANCE ~ JK D"1I~ MOBBT-1 03 04 04 THIS ClITIFIC'At.18IUU1OAIi AIfATTD O,P'ANI'OJI'IIU71ON OIll.Y ANlI CONF'''' NO lUOHT. U'OlII THI CEftlll'1CATI HOlDER. TillS CI!JIlTlFIC:A'I'E DOUMOT AMI!HD, IXT1Hl 011 A1.T&R THI_AFFOIIOEll....1HE'OIJClli. llLOW. RogM:&, QuDe.z.. V..SJhn InaarenC* t lac ~ l1.1.T or-....i.l1. lid. Ta11a~..... r.t 32303 Phoa.: 850-38'-1111 r...: 850-385-te27 IHeU_AFFOllDlNGCa_QE "''"..., Hoa~ Ii "'ssoa:Lat:.. I:no. 2455 14th Avenue Vexo BeaClll I'L 325160 NtlI\.AeAJ<.. lN8\Rl;1li5: "iil\.JFIt~l;:: lloi&lJRa:l:tk .0' CItA I.a..au:E.DC6 C COY_IS THE POLJC';IEsOP 1H8UJilMICE USTBlIEI.ON HAVe: "EH IS5UEO TO THE INSURED NAMED AlWI FOR THE" POLla 'E.R:IOD...u:I.cATS\ NOn'WTHS.....wotwI NtlY RiOUIREMEHf. 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B'1. 321158 I'C.?...........~ "_liD COIII_"-'III --11/87) MAR 24 2004 11:20AM HP LASER JET 3200 p.2 ,tq,u, 03/:22/0' :r~: lCI.ID W ~., 1772'~7121., J21 ,.... t otn.tJt18 , ' JS.CORD.. CERTIFICATE OF UABIUTY INSURANCE ..- SU"--~IMunrn:w~ P.O.__ T..."",FL ___ 813__ - ....~ - TMa as lSS AS A M1TI'a Oft' 1""""11011 ONJ.,Y AND CO........ IfIOHN' VfIIION Tie ..._.A-N HOLD'" nas cumP'llCATII DOD HOT.-....c. IXTDlD OR A1.tlE.R 'T"He ~ AJl10RDIiI IPi' '1HI! POUCIH 8EI.OW. C.lE. __Ala._.I,,". 10""'_ 80021. ...... Vera -.FL _1 _oa NIUOlVt.lll= Le:Id" N""""" ........'" ~ 0; ,........., 1..........,....C"DftIIG:~E I........ TMf POI.JC!Ie8 CIfIlN8t.I'MNCE 1.1I1Et) NLON liA1Jt BE8f ISSUID 1'() '?HE WBI.J.FEO "IftMlD ""OW! 1I01111'1i! JiClL.tCV P!FlfOC IHOiCATeD. NO'JW1TN$'t'I.JIDINGI '''In N~T, ,.... Oft ~rTICN e;, AllY CQII\TMeT 011I ontat POCUMDIT Wf1H flU:PECT 1'0 lWlQt 1MII "'-lr.-nE MAV _ IISUSO lOR MAY PER'I'AlN, T)E tlSU~,v,:ONMiO ay fHE! PClJDES OIESCfUB:I HIERlI'ol IS ......lEeTTO.ILl. 'niIS 1PMs..~IOltS"""'COIDmCIISCf/lSUCM ""'-"'E. __,.,""mr_......~..........""'.a"'.y....~ rr:;r ntlt.~lNtUl...OE. Nl..ICV~1II ...... S5-- --- . COMtt,fIACtlllLOI!Ne~.lrHIllftV I'lRli~l'I'ArO'jv . ......"""0-.. "I!DIAP*-_ . f--! ~<<I'OI.WAJRV , \-- I ........ ,. . i '-c."C:lV01'a.ac:r.tP.lQllA121 n~~nt~lr~~~ I . POUCY I~' I,.OC ~"MU?Y i CQol!JICCSIN(I...l&1.,ifIC' . ""',",0 l&_~. - !e.:DllVlflOU:N - olU..OWN&DAI.J5"ce '~llftOlj' . - oa-...oo ""roo H1~"IJT<lV - Ia)JI."tMJURV . - ~OAllloe .......- iOR~!Y~ . P'1Ir..........) p"- A1J'I'OQW.')o' -M - . AMY""'-':'O O'tl'ERUWl IA.JI\C: , , ..""",..., .... . P:" LMII.nY ~cx;.cuAR9l'Cl: . oco.. 0 o..A:MS /MOE , AOOJIE~'E" . , I . J:1lta:t.1C1r&.i ABTllM"rQN . ~CIOIIPE~~ ',i 1Wld.... ....-..nv U..eAC"'ACC:I~l' . I ILt:ltIEAElE'llAlU IiLDtIItMI!: .lllI:UcVlMlT . A ""'.. -, II>J'ICIIl8 ~,..,... $''--.oh~ "'_OIOnol $',llOO,llGO-"olllCgr. u.tlltilv "A4 11Of1.'......~U.~.:;,.,~.,..,....~,' _rtlPlJlC6C.~ -_ L10btl"Y 10..._....010_ _.b..... Re, _..Allpcrt_IIIl_.a.ldlog .Polloy EvI_C...._. """"'''CATE HOUleJO ...-- atClAONft...........aa fI'Cllll:l....~___...~ _~COn.,"""lon_ Uir! 7folDttllf'. 'n'lEIMf.INi&..... wtLl. ffC:IDWOIt 1011M.~WIIIfTIN cttv or _Ion fIOI!aTO~1 cotnf"IeA'tl!"'CM.A.....81'"lqlH~.ILtt,.M.UlIlI-'fODO~ ,. MoIn$,. ...,.....HIII....'IQIll_UMIUf'tW' """""OIlPON.-r'MII ,....,...,...aaaJrI11I 011 SIIb_Uln. FL 3as. , ""'..t1.,.....:':.'~~'~ IJ ACClRO_f7....", 012 ~ TkC . ACCtm COIIIIlORA'TION 1" 2''; 1211.1.9S21.1. '>10018 -3 ....1....4:1 00€:01 ;'0 Ira ..ow MAR 04 2004 12:27PM HOLLAND BUILDERS ~.. ACDBD~ o).;qo;~_i'>'''';';,''''_''~->< PIIll11UC11'1 FRANK H. FURMAN. INC. FRANK H. FURMAN #A091425 P. O. BOX 1927 POMPANO BEACH, 9547715080 p_3 ~, 'J FL 33061 DA1ll_.. 02 24 04 TE . lIED AS A OF ONLY AND CONFllRI NO R1&HT8. UPOM 'tlUl cun'1FIC'-'ft 1IOLDt!R. ntIS CBR1'W'lCATI! DOIIlI NOT AIII!ND, IXT1lND 011 AL TJ!R THI! CDl/8RIUlE oltA'UflDED ." fJlT POLlClIlIIlIILOW. COMP_ AA'ORIllM6 COIIau.GI! FL 33334 I I COUP""v , II I ca.CAHY I COMIDANY D MT HAWLEY INSURANCE COMPANY OLD DOMINION INS CO - HOLLAND BUILDERS OF SO FL INC 4860 N E 12 AVE FT LAUDERDALE U S FIRE INSURANCE COMPANY . ~'~:.,~ ' :, . ~~-::': .t :~tt~. , HN:. . . .~ . ,.: lHI8 Ie 1'0 CEIlTIPY THAT THE POLICIES OF INSURANCE USTED BELOW HAIlE BEEN ISSUCO 10 THE IN8UFlED NAMED AIIOVE FOR THE POLICY PEI!IlX> -llm N01WITHS7.-_ MolY ~. _ OR OOfIDmou OF AN'I CON'T'I!ACT OF! DTHER DOCUMENT WITH RESPECT TO WHICH THIS CEIITlFICATE MAY BE ISSUED OR MI>.V PERTAIN, lltE INSUAANCE "FFORDED ey THE POUC1E8 DE8ClIlBeD HEI1EIN 18 lllI8JEcr 'K> AI..\. 'WoE TE_ EXcI \JeI()I;6 ""l) CONllmONs 00' SUCH PDUClEII. UMmI 8HOWN MAy HAVE IlEVI AEDUCIiD BY PAID CI.AlMe. co ~nt: T'\'IIe OF ......-'VICI!! POUC1' ......Il P01&V alftCTM! 0LICn' ~11ON Uft..~ CNIft~M .-. ............-..m ,MGLD134993 X COMMERcIAL Q!NERAl UASILl'TY \ ClJIllls....,. 00 llCClJR OWNER'. & COtfTRACTCR'8 Pf!OT ....-.. LMAIIY ANYMm> ALL OWNS:II N.m).S. X 8CHRlUleD NJTos X H....,..l1I'08 X ~AUTCl. BIG39361 8 31 03 8/31 04 ~___TI! s2 000 000 -.cTS.eoroPlOP_ 11 000 ODD -.......--,#1,000 000 1000HOOOtlRRIN% sl 000 000 RR..........._.....) S 50 000 MI!D"". IM>'....._ $ 5 000 31/04 1,000,000 I COMINNED 8fIMi'LE L/fWIr , l!IODi.y INJUIW CJlWI*fOn) . BODILY INJURY {l'wltOOlctInt) $ "P10P~ DAMAGlE I ..... UAM.rn' X ........... FORM DTHI!A 't'toWt I.M!IRR.U, POfIM! -"'.1"'~1ICIII"'" ~ WlIWTY THEI'IlO_ ~ """ 553084914 09 - .......... ANY""", c 001WC03A39287 INCL IlCllL ... .... LIMIT - .('_11lCln_~~,,- RE: SEBASTIAN AIRPORT; ADl'UNISTRATION BLDG. &. POLICE EVIDENCE COMPOUNr ~' .,,' . . .. " ~" "",,:' , .. ,. ,": 3EBASTIAN CONSTRUCTION BOARD CITY OF SEBASTIAN 1225 MAIN STREET SBBASTIAN FL 32958 ~ ~...,.,.twJIMP~"'_"'~_~BJIOM1JIB ..........TIOII DAft. ,...... 'tHI. _ e.GM9AIW w&L JlI9.llIlLI'NCM '10.... .3..lL- DAn WNIftIO _ TO _ """-ft _ _..._..., BUt P.tILIJM TO ... lUCK 1I01K2. 8tIAU. MIOII. .. 08l.IIIA1IOII 0IlI UA&II'Y ICHI c<JMItMfY; IJ8 011I .,- 1 TA ~ ~, t~~ b'b I:> . ~ ~ "tJ '" \) J <) .::l ~ ~ :3 ,&6 ~ ..~ ~ C) ) . 1530292 THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL BK: 1712 PG:1924, Page1 of 3 04/05/2004 at 02:52 PM, PERFORMANCE BOND JEFFREY K BARTON, CLERK OF COURT Bond #531998P (I'hfs form provided by City 01 Seba$tli:m ciS 411 example of the form of bond; the actual bond form must co1ffo1'1ll to the strmdarrJs required by Florida Statue$) . KNOWN ALL PEMONS ~y nmSEPRBSENTS: that Holland Builders of South Florida. Inc. (NamoofCommctor) 4860 NE 12th Avenue, Ft. Lauderdale, FL. 33334 (~. of Contractor) II Co r po rat ion. , ben~ called!'rlneipal and (Corpo.ration. l'artMnhip or lndiviclual) Developers Surety and Indemnity Comvanv (Name of Surety) 150 S. Pine Island Rd, #115, Plantation. FL. 33324 . (Addteu of Surety) .....elnalller called Surety. lU1I held and firmly bound IIlIlo the City of Sebastian,. Florida, vihoso a~dn:as allallbe Ialown. "City ofScblllltiatlcttyHalI, 1225 Main Street, Sc:bllstilu:l, Florlda3Z!iSll, in tbetotal 8JlIlf"flate penal sunoflOO%ottbe<Xl!llract1llllCllll3tequiVB1al1to ***One Million, Eight Hundred Fifty Thousand. Four Hnndred Ei "hry "nd N,,!10n*********** Dollan (written lIIJ1OUlIt.of C01IlnCI\ ($ 1.850,480..00*****) (11IlIlIllri<:a18DlOWll) . in lawful mOpey ofthoUcl\lld SI_, for the pa)'lllllllt ofwhiChS\lDl well ~tJulyUl be made, _blnil"""""-_. our beir8. _. -=ktlstrat.n. successors, and asaigcajointly end seve<ally firmly by these pmem.. THIlCONDmON OF THIS OBLIGATION issucll that wberllas, thePrlnclpalfl'llmdintoacertall:lAgtIlClJlellt wlthtbcClt)'oCSeba81Ian, dmd Ibe_ day of . . 20D4, acopyofwbichi$hcteto attached and madeapartbcreof, for Sebastian Administration Buildi\l2 & Police Evidence Compound . NOW THllRllFORE, if the Pri.nc:;ipal WII well, tnily and feithfuUy perform its dutieS, fill 1M \II1dt:rtllIcIngs, C(M'.lW1Is,..lclna$. oondiliOll!l. md ~ of said coaUa<:ta during the original term lb.-t; 811d.'atly extension thmofwhicll. IIl8Y begnlllled bytfu: CltyofSebeslilUl, with orwitbo\n notice to the SURETY andcbingtbe<:J[lO yeu gtIllI'OrIty palod and lftbo PRlNClPAL.hall ~atistrall claims llIlddemands inCurred under lI1Jd1 contract, andshalllWlyinclannlJYm:laave harmIm tile CII:y' fi:om all. gortS and damages which h may sut'fer by reason of failure to do so, and.ball mmbune lIIId repay !be City for..u t:os!$ wbiclI it JIJllY incur in ltlllldns good llDY default,. thc:n this ob\iption abal1bc yoid, otherwise 10 remauf in full force and effect, A:1<<t\lmIlICGB_"I'4-l/1m7 PROVIDED, FURTHER. tbat tho aaid SURETY, for\>alue roceiyed hereby stipuJa.t=g and agrees tha1 no ttuonse. 1 ,,-,,' extenslonof'lll\1ll, alblration 01' additiOJl tow ternlB of the conlractorto WORK to be polfunued thereunder or the SPECIFICATIONS ~ same shallln any way a1'Ii:a Its obligation 01\ this BOND, and It does hereby waive notice of any such cIlanges. elIr.lension oftilne, a:ltaatioa or addltion to file terms of comract or to the WO!lX.or to the SPEClFICATIONS. PROVIDED, FURt1lBR, that it is expi'elSJlyagrced that the BOND sbaJI bet d=mcdameoded, ....""'1"iir,eJ\yw . iI'lImediatoIy. wi1t>out fonnall!lld sepatllte II1llClIdmcnls hereto, uponamcudlllCllttotheComnaDOtinCRellingthe CClIlttaCt price men tlw120 pen:enl. so ... ro bind the PRINCIPAL lUld the SURETY to the f\lIl an<! faItItfuJ. pa'Il:rmanceoftheCOD1:!'8ClllS 110 ameMed, thetenn "AmelIdmem", wherever wedin this BOND; ami whether' refeniog to tbiJ BOND, the Contract or the Loan Docum~ sball ineli.ldm any alteration, addlticm, oxtensiOll, or . lIlIldltiaLtiOll of illy ~whatsoevu. PROVIDED, FUllTHBR, that no finallICtl1ement 11__ the City ofSebasoan and the PRINClPAL shall abridp the ii,ght of the other banMl.clluy ~, whose c1aim may be .m....isiicd. The Clly is the only.. b4nel5clary bemmder. IN WITNESS WHEREOF, this inst:1'Ul11all is exflCuted in counterpalts,.each of which shall.be deemed an origtnal, thls the day of .2004. A'I7EST' { Holland Builders of South Florida. Inc. ? .~,~~\'\\\\~,~/~~til i :;~'f'< .,>',\il .> '. )cSectet ~;\'~':0~;~:i'. ~ :"" \C..'i:;f{f tYj'-"{/4< ~ -< <'(I~ \\~~ \,~~~::o~~~, " "::'~"~<;J~}~" ";';.".;;;:r!(W.'~ to Principal) 'l..rl!/ilH\~'" By: !'rioted NII1le &: Title :r"~'1N F. 5chmkTZ P~es'loaNT 4860 N-E 12th Avenue, AlklreIs Ft. Lauderdale, FL. 33334 PROVIDED, FUllTfIBR, that no tl.naI .ot:tIemenI becweeo the CITY and the CONTRACTOR shall abrill.. the right of lIIlY bmdiclary her=ider, whose claim may be \Il1Satidied. ~~wpdoM1.lN1 WITNESS WHBR:BOP, this inmumet1l iscl{ccuted in one ClOIDItCIpaltS, llIChot which shall 2 " . . b. deomcd an original, this the day of ,2004. """""""',,," ~ ....00.\\\ [l III 'J . < .;.' \,\~') ,.,,- '~"',. , />,.,.., '. ""'....C!f , J . '" ~ i <,~ 6;:;, "(":\ ~~',' ~,'~'s~'" , ',(SEAL:l" '., .' ~:: D \~;::';:.~:.,,-. ,'; ",J"(.:?<~~~~{,:~'_.. / r ". . '_'_'~, .. C_,:\~...- ,,~Y.. ../!... t" _ ~\"_' 1?;:;i"~'."':;'~';~:.;~'- "':;5;.~2~;ij)> 1,:< lZ-//,~ ' F/~ }~:"t. F{3J33<j , / Holland Builders of South FI lTida, Inc. i By: V' ) Jc,lfN r <;chrnAT'z, PR. ,'OeN'T (Printed Nlllm and Title) 4860 NE 12th Avenue (Addnlsa) Ft. Lauderdale, FL. 33334 lSO S Pinp T~l~nrl Rrl. #115 (Address) Plantation, FL. 33324 -in Fact 19na~):\>. James L. Planani;~tIf X;':' 150~i~~I~I~~ Rd, (Address) Plantation. FL. 33324 #115 ~ ' (W', 1<> .) N Ole: D8IIl of Bond mllSt not be prior to datI' of the Agreement. If Cantr8Cta' is a partneqhip, I1Il pllttnen should exeeute the Bond. IMPOR.TANT: SURETY COMPANmS EXECUTING 1I0NtlS MUST APPEAR ON TIlE T!UlA&URY DEPARTMENT'S MOST CURRENT UST (CIRClJLAlI, S70 AS AMENDBD) AND BE AlJTHOlUZI!:o TO 'IltANIlACT IIUSINllSS IN lHE STATB OF FLOlUI>A, "'__llaod.\>pd-5l2vn 3 ~ :- Y'-!. . /bb /.7' s .;1 J~ >J . .~ :t 4 .~ , ..J :5 ~ -Q,. '. , ~ "" ':::J PAfMEN1' BOND 1530261 THiS DOCUMeNT HAS BEEN ReCORDE~ IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY Fl BK: 1712 PG:1921, Page1 of 3 04/06/2004 at 02:62 PM, JEFFREY K BARTON, CLERK OF COURT Bond #531998P (This form provided by CIty of Sebastian as an example of the form oj btJnd; the aclUaJ bond form mU9l conform to the $landards required by F1or/do Stables) KNOW ALL PERSONS BY THESE PRESENTS: that Holland Builders of South Florida, Inc. (Name ofCorrtractor) 4860 NE 12th Avenue, Ft. Lauderdale, FL. 33334 (Address ofContr~tor) a Corpo.ration (CotpOration. Partnership, or Individual) . hereinafter called PRINCIP AI.., and Developers Surety and Indemnity Company (Name of Surety) Mreinafter called SURETY, are held iirm!y boU1tCl unto the City 0 fSebastian, F1oricla, whose address shaI1'beknownas .CityofSebll"n.... CityHaI1, J225 Main Street, Sebastian, Floxida329S8", 8lIdUDto all persons, firms and C01JlOratioJIS who or which may fllmlsb labor. or who funIish IIIlIterilIIs to per:tilrm as desoribed under the Contract IUId to tbeir successors and aSlligns in the total aggregate peoalswn oflOO% of the Cotrtrac:t fItllOlIIll equivalent to ***One Milli on, Eigh t Hundred Thousand, Four Hundred Eighty and No/100************* DoUa%s (Written amount of ConlrBct) ($ 1 , 850 . 480 .00 *'lWwfuI money of the United Stales, fur !be JlllYD1eDl ofwbich 811m wen IlIId truly be uwle. we bind OUl'8elves, our hci:rs. executors, adnIinistrators, successors, 8lId a"';gJI!I, jo~y and se~aUy, firmly by these preeents. TaB CONDITION OF nns OBLIGATION ill such tba1 whereas, the PRINCIPAL, entered into a ~ conuaot wilh the City ofSebas1lan, dated the day of . 2004. a copy of wllichls heretoattachedandma.dcparthereoffur Sebastian Admini"t:rflt:ion B.uilding & Police Evidence Compound NOW THEREFORE. if the PRINCIPAL shall promptly make payment to all persons, mms, III1d COrporatioIlS fUrni.hinS materials for orpmfotmlng labor in the pro5e(lUtion of the WORK. provided tor in such contraot. and any authorized extensions or modification ~t; including aD amount due for nmerials, lubricallli, oil, gasoline, diesel tiJel, electricity, repair on macbinery, equipment and tools,. consumed or used in connection with the construction of such WORK. and fur all labor cost incuned in such WORK inDludina that by a SUBCONTRACTOR, lIDlI to any mechanic or materialman lien holder whether it lICqWes its lien by operation of Stllte or Federllllaw; then tbls Fifty 1 ....... j v ~ Developers Surety,and"J:'l\''::\:'e'ID.'t!:LtY. ",,-'-',- \' Ii" " (Suret yped P; .t':~.~~..:~~.~~~~~ ,,':, .. <~ l,,\ "';"~ ~ .. ' n' _ ic;i ~' :'~; ,: .;, ? omey-in-Fact pure)"'" ... - ,.:^",,' .. -r . "-.. ~I " James L. P lanamen tt)'/.Mi;'c;':rh.eY~:&""Fac t II ("l ",,', )', '--' ,'.~,,~ Printed Namo and Title "....,:,:;:"", 150 S. Pine Island Rd, #115 Plantation. FL. 33324 (Address) 150 S. Pine Island Rd, #115 Planta t ion, FL. 33324 (Address) Note: Date of Bond lIlUSt not be prior to date of Agreemem. If the Contractor is a ,plll1Dership, l\I1 partne:rs should C'J(C(:UfQ the Baed. IMPORTANT: SURETY COMPANIES EXECUTING BONDS MTJST APPEAR. ON.THETREASURY DB~AR'I'MENT'S MOST CUllRENT UST (CIRCULAR 570 AS AMENDED) AND BEAUTHolUZllDTO TRANSACT tlUSlNESS IN THE STATE OF FLORID...... 3 ... < HOME Of PWCAN ISLAND CITY OF SEBASTIAN CHANGE ORDER FORM CHANGE ORDER #: 1 PROJECT NAME: Administration Bnilding PURCHASE ORDER #: 4514 PROJECT #: C3503 CONTRACTOR: Holland Builders PHONE II: 954-771-2210 ADDRESS: ~60 NE 12'" Ave Ft. Lauderdale, FL 33333 CONTRACT NAME: Airport Administration Building aud Police Evidence Componnd CONTACT DATE: 03-24-04 By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein. Upon proper execlltion of this document, the Contractor is- hereby notified to 'connnence work.7rtt changes~stated below are hereby incorporated and made a part of the Contract identified above, and all the tenus and conditions of said Contract are enjoined and in full force while executing the change( s) stipulated as follows: DESCRIPTION: Use of mixing machine by Holland Builders, Inc. instead of City crews stripping topsoil and sod from admin building site, as originally contracted. See Attached. NEW CONTRACT PRICE INCLUDING THIS CHANGE ORDER $ 1.850.480.00 $ 3.960.00 $ 1.854.440.00 365 days nla days MO. DAY YR / A) CONTRACT PRICE PRIOR TO THIS CHANGE NET INCREASE (DECREASE) RESULTING FROM THIS CHANGE B) CONTRACT TIME PRIOR TO THIS CHANGE (NUMBER OF DAYS) NET INCREASE (DECREASE) RESULTING FROM THIS CHANGE (NUMBER OF DAYS) NEW COMPLETION DATE INCLUDING THIS CHANGE f,~.t~1 Dat.:~1 Date: if~ AGREED: Autho A rovals B Ci Finance Director as to budget Airport Director as t~.PJ: City Attorney - as to legal General Services Admin. ~ , .f;' as to <:ontract/procllrement , _r- ~~,.~ Change Order / Number - ONE Holland Builders of South Florida, Inc Date: 12-Jul-04 4860 NE 12th Avenue Company: City of Sebastian - Airport Fort Lauderdale, Fl 33333 Attn: Jason Milewski 954-711-2210 (F) 954-771-5080 Fax no: 772-589-6209 Tele. no: 772-581-0111 Project name: Sebastian Admin & Police Evid. [!] Change order [!] Addition to contract 0 Ueletion from contract Requested by: Jason Milewski and Terry Hill at the pre-con site meeting held on July 9,2004 Description: As discussed in the pre - con / site meeting. Prior to clear -imdgrubbing of site the grass is to be mechanically mixed into the earth with the Site Contractors Equipment. Materials: Equipment & Labor - Mixing Machine & Operator Total estimated and materials cos'(" $3,960.00 Labor: Included Estimated total hours: 16.0 hrs Rate: Lump Sum ~~~,-.~,,,,-,. Total Original Contract Price: Total Change to Contract: Estimated effect on the project schedule: 0 days. Client approved Client declined Signature: o Please follow up with mailed hard copy Date: 1,850,480.00 $1,854,440.00 HOLLAND BUILDERS, INC. HOLLAND BUILDERS OF SOUTH FLORIDA, INC. HOLLAND BUILDERS OF FLORIDA, INC. SAFETY PROGRAM HOLLAND BUILDERS, INC. HOLLAND BUILDERS OF SOUTH FLORIDA, INC. HOLLAND BUILDERS OF FLORIDA, INC. SAFETY PROGRAM HOLLAND BUILDERS' SAFETY MANUAL TABLE OF CONTENTS I. Company Safety Policy ................................................................ ............................... 1 Il, Responsibilities for Safety .................................................... . . .. .. ............................... 2-4 M. Superintendent ................................ ............................... Foreman Workers' IV. Accident Reports ........................................................................ ..... .......................... 8 -13 V. Safety Training and Education .................................................... ............................... 14 Tool Box Talks VI. OSHA Record keeping ............................................................. .... ................ I.............. 15 -17 V1. Safety Inspection Program ........................................................... ............................... 18 -30 VII, Medical Services and First ,Aid ....................... ... 31 -32 VIII. Sanitation ................................................................................... ............................... 33 Drinking Water Toilet Facilities Washing Facilities IX. Housekeeping .............. ................... 34 -36 X. Personal Protective Equipment ................................................... ............................... 37 Hearing Protection Head Protection Eye and Face Protection Respiratory Protection Safety Belts, Life Lines and Lanyards Hand Protection Foot Protection Clothing Protection Working Over or Near Water Knee Pads Maintenance M. Fall Protection ............................................................................. ............................... 38 Fall Guarding Scaffolds XII. Fire Protection ............................................................................ ............................... 44 Guidelines for the Disposal of Flammable and Combustible Liquids or Waste Oils Guidelines for the Disposal of Waste Motor Oil XIII. Welding, Burning, Cutting (Oxygen & Acetylene) ...................... ............................... 49 Arc Welding and Cutting XIV. Electrical .................................................................................... ............................... 52 XV. Right to Know ............................................................................ ............................... 53 XVI. Motor Vehicles ........................................................................... ............................... 54 XVII. Signs, Signals and Barricades ................... XVIII. Maintenance of Way ................................................................... ............................... 56 M. Heavy Equipment ....................................................................... ............................... 57 General Requirements Earth Moving Equipment XX, Crane ........................................................................................ ............................... 58 SAFETY MANUAL PAGE TWO _ Hand and Power Tools ............................................................... ............................... Power Activated Tools Pneumatic Tools Fuel Powered Tools and Equipment Abrasive Wheels and Tools XXII. Trenching and Backfill .............................................................. ............................... XXIYI. Concrete .................................................................................... ............................... Pour Pre -Check Set -up Personal Protection XXiV. Lighting ................................................................................... ............................... XXV. Confined Spaces Entry .............................................................. ............................... XXVI. Forming and Reinforcing Steel Erection .................................... ............................... XXVII. Guideline for the Disposal of Power Activated ToolWti) Cartridges .............................................................. ............................... Purpose Scope Responsibilities Methods of Collection and Storage XXVIU. Hazard Communication Policy .................................................. ............................... Education and Traini= MSDA Training Chemical Inventories and MSDA Sheets MSDA Record keeping Procedures XXIX. Lockout/Tagout Policy ............................................................... ............................... Procedure/Checklist Power Lockout Procedure Training XXX. Hurricane Preparedness Plan ...................................................... ............................... 59 60 61 63 64 65 66 67 87 11®r, HOLLAND BUILDERS, INC. SAFETY POLICY The safety, health and well being of all employees is a major concern of HOLLAND BUILDERS, INC. Therefore, accident prevention is of primary importance. Safety will always take precedence over production demands and shortcuts should he avoided at all times. The management of the company will take all practical steps to provide a safe and healthful work place. In its efforts to provide a safe work place, management has established the safety procedures outlined in the following pages. It is the responsibility AMW of all personnel to comply with these procedures. It is expected that every employee will work together to achieve the common goal of accident prevention. Our goal is ZERO accidents and injuries. Zd44�' &��A Gerald M. Holland, President HOLLAND BUILDERS, INC. RESPONSIBILITY FOR SAFETY All employees of HOLLAND BUILDERS, INC. are responsible for ensuring compliance with the company safety program. To ensure policy conformance in daily business operation, the training, verification, communication and reporting needs must be identified within the safety program. To encourage active employee participation, a safety committee including volunteer members from various functional areas shall assist the Safety Officer and Safety Coordinator in program review. Line supervisors and managers shall be responsible for safety training, investigations and communication. Senior management is responsible for program creation, evaluation and support_ Employees are responsible for following safety regulations, reporting unsafe acts or conditions, reporting all accidents, maintaining safe work areas and cooperating with the intent of the safety program. Specific duties of each group in the safety program include, but are not limited to: ALL EMPLOYEES Report any unsafe working condition to immediate supervisors. 2. Keep individual work areas clean and safe. 3. Report ALL accidents immediately to immediate supervisor. 4. Follow all safety rules. 5. When in doubt - Ask your supervisor. 6. Maintain positive attitude toward safety and cooperate fully to ensure a safe, healthful workplace for all employees. LINE SUPERVISORS & MANAGERS Responsible for ensuring safety of all employees under their management. 2. Responsible for training employees in safe working practices and safety revelations. Remove all unsafe working conditions immediately upon discovery and ensure situation is resolved appropriately. Report all such activities to the Safety Coordinator. 2 HOLLAND BUILDERS, INC. LINE SUPER'V'ISORS & MANAGERS (Continued) 4. Investigate any reported accident immediately and complete the approved company accident report within one working day. Provide reports to the safety coordinator. 5. Considers an employee's accident record and attitude toward safety when evaluating that employee for a salary increase. 6. Enforce all safety rules with a positive attitude and stress the importance of a safe working environment to all. SAFETY COMMITTEE I . Hold quarterly meetings and participate in improving the safety of the work environment. During those meetings they will discuss, among other things, accident reports, safety audit results, changes to existing safety policies, etc. 2. Communicate the need for safety, the objective of the safety program and the �— importance of compliance to all fellow employees. 3. Report any potential safety program flaws or non compliance work conditions to the Safety Coordinator. 4. Assist in reviewing safety program compliance and safety audits of functional areas. SAFETY MANAGER Coordinate all safety program activities within the company. 2. Evaluate safety procedures and activities to assure compliance with the safety policy. 3. Ensure safety training is performed and is adequate. 4. Review accident investigations and corrective action recommendations to ensure implementation. 5. Monitor the documented safety program to ensure effectiveness in achieving the objective of the safety policy. Recommend appropriate changes_ 6. Manage safety inspections and audits to ensure safe working conditions. 3 HOLLAND BUILDERS, INC. SENIOR MANAGEMENT Provide ,guidelines for safety program operation. 2. Evaluate procedures to ensure compliance with the company safety program. Approve expenditures required to ensure a safe working environment and correction of any potential safety hazard. 4. Actively support and participate in the company safety program. Ensure adequate training programs are in place for all levels of employees. 4 II. RESPONSIBILITIES FOR SAFETY Guidelines for delegation of safety responsibilities: I. SUPERINTENDENT RESPONSIBILITY Job Safety is a pprimary responsibility of the Superintendent. the lives and health of all' Holland Builders employees are to be safeguarded during all operations. A. Work Practice Control Each superintendent is responsible for: 1. A continuous survey of his operation so that he is aware of the principal sources and causes of possible injury and losses due to unsafe work practices or procedures. 2. Initiating corrective action as required. 3. Indoctrination of foreman as follows: a. Describe duties as a particular trade foreman and the scope of his responsibilities within his trade and ensure they are understood. b. Determine the level of understanding each Foreman has in reading and understanding the plans and make compatible work assignments. C. Briefing as to "when, where, why and how," on the proper use of tools and equipment. d. Stress foreman's key position and responsibilities for the safety of his men, with personal review of the "Foremen Responsibility" section of the safety program. 4. Conduct various training and indoctrination courses as received from management. 5. Attending and participating in one of the Foreman's Tool Box Safety Meetings each week. B. Physical Condition Control Each Superintendent is responsible for: 1. A continuous survey of his operation so that he is aware of the principal sources and causes of possible injury or losses due to unsafe physical conditions. 2. Initialing corrective action. safety and 3. Maintaining orderly housekeeping conditions to assure maximum efficiency in work areas. 4. A continuous survey of the project to assure that the operations are in compliance with all federal, state and local safety and health standards. C. Records Control Each Superintendent is responsible for: 1. Post osHA Form 200 Log. 2. Prepare and submit to main office when required: a. -Notice of Injury Form b. Supervisor's Investigation Report. c. Property Loss Notice. d. Auto Loss Notice. e. General Liability Loss Notice. 3. Tool Box Safety Meetings Report. 4. Maintain Material Safety Data Sheets. 5 II. FOREMAN'S RESPONSIBILITIES Foremen are an integral and important part of the Safety Program. The amount of effort they put into accident prevention on their daily assignments will determine the level of safety on- the -job. Each Foreman's responsibilities shall include: A. Set a good example of safe work practices for their employees. B. Follow in detail the HH I Safety Manual. C. Instruct employees under his supervision in safe work practices and methods at the time they are given work assignments. D. Seeing that his crew has, and uses, the proper protective equipment and tools for the job. E_ Constantly checking to see that no unsafe practices or conditions exist on any part of the job. F. Holding weekl Tool Box Safety Meetings with his employees to discuss: 1. Safety and accident prevention program. 2. Observed unsafe work practices or conditions. 3. Accident experience of his crew and correction of any unsafe conditions, or conditions which could result in injury to workmen or damage to property. Q. Safety suggestions from workers. 5. Discuss Material Safety Data Sheets. G. Stress the employee's individual responsibility for safe conduct, not only for himself but also for others. C III. WORKERS' RESPONSIBILITY Management realizes that an effective accident prevention program can only succeed with the cooperation of each and every employee. All the time, effort and expense involved in a safety program is focused on you, the worker. With you cooperation, the safety program will succeed. Each worker's responsibilities include: A. Adhering to all regulations, standarcts ana provisiuii:� kjl prevention program. o your foreman so that corrective action can B. Reporting any safety problems t eliminate the problem. C. Understanding your responsibilities in utilizing safe work practices. D. Taking the time to do it right and to do it safely. E. Taking into regard personal safety for yourself and fellow co- workers. F. Use and wear protective equipment provided. G. Elimination of carelessness will prevent your injury. implement these guidelines and review them on a regular basis. 7 III. ACCIDENT REPORTS Attached is a supply of OSHA 101 Forms (NOTICE OF INJURY) to be used for all Workers' Comp injuries. Form DWC -Ia (Sample attached) is WAGE STATEMENT for those employees who lose time from work due to an injury on the job; it is completed here in the Davie Office. 8 FIRST REPORT OF INJURY OR ILLNESS FLORIDA DEPT. OF LABOR & EMPLOYMENT SECURITY DIVISION OF WORKERS' COMPENSATION For assistance call 1 -800- 342 -1741 or contact your local EAO Office Report all deaths within 24 hours (904) 488 -3044 PLEASE PRINT OR TYPE I RECEIVED BY CARRIER I SENT TO DIVISION I DIVISION RECD DATE I EMPLOYEE INFORMATION NAME (First, Middle, Last) _ Social Security Number Date of Accident (Month/DayNaar) Time of Accident ❑ AM O PM HOME ADDRESS StreettApl.# EMPLOYEE'S DESCRIPTION OF ACCIDENT (Include Cause Of Injury) City: State: , Zip: TELEPHONE Area Code Number OCCUPATION INJURY ! ILLNESS THAT OCCURRED PART OF BODY AFFECTED DATE OF BIRTH _/_/_ SEX ❑M OF hMPLUYhF( INFORMATION GAHHILH INFUHMATIUN ❑ 1. Case Denied— DWC -12, Notice of Denial Attached. ❑ 2. Medical Only which became Lost Time Case (Complete all info in #3) ❑ 3. Lost Time Case 1st day of disability I Salary continued in lieu of comp? 0 YES Salary End Date I I Date First Payment Mailed —/_/_ AWW Comp. Rate ❑ TT. 0 Tr -80010 0 T.P. 1~1 I. B. ❑ P.1: 0 Death REMARKS: CARRIER NAME, ADDRESS & TELEPHONE FCC[ MUTUAL INSURANCE COMPANY CARRIER CODE N EMPLOYEE'S RISK CLASS CODE EMPLOYER'S SIC CODE P.O. BOX 25248 788 Sarasota, FL 34277-2248 SERVICE COITPA CODE x CARRIER FILE P 941- 957 -0140 1 -800- 226 -8092 Is emDlover self- insured? ❑ YES ❑ NO ..+ EWC For, DWC -1 (t 1194) _ FORM 3210 REV. 11197 Div llON COPY EMPLOYER: SEND DIVISION AND CARRIER COPIES TO YOUR INSURANCE CARRIER (NOT YOUR AGENT) 9 FEDERAL I.D. NUMBER (FEIN) DATE FIRST REPORTED (Month/DaylYear) COMPANY NAME D.B.A.: Street: NATURE OF BUSINESS POLICYlMEMBER NUMBER City: State:_ Zip; TELEPHONE Area Code Number DATE EMPLOYED I I PAID FOR DATE OF INJURY D YES ❑ NO EMPLOYER'S LOCATION ADDRESS (If different) LAST DATE EMPLOYEE WORKED WILL YOU CONTINUE TO PAY WAGES INSTEAD OF I I WORKERS' COMP? (3 YES LAST DAY WAGES WILL BE PAID INSTEAD OF Street: City: Stater Zip: / WORKERS'S COMP I f RETURNED TO WORK ❑ YES D NO RATE OF PAY 0 HR ❑ WK $ PER ❑ DAY D MO Number of hours per day LOCATION A (it applicable) IF YES, GIVE DATE I I PLACE OF ACCIDENT (Street, City, State, Zip) DATE OF DEATH (If applicable) Street: I I Number of hours per week City: State:_ Zip: Number of days per week AGREE WITH DESCRIPTION OF ACCIDENT? COUNTY OF ACCIDENT 0 YES ❑ NO NAME, ADDRESS AND TELEPHONE OF PHYSICIAN OR HOSPITAL Any person who, knowingly and with intent to inure, defraud, or deceive any employer or employee, insurance company, or sell- insured program, files a statement of claim containing any false or misleading information is guilty of a felony of the third degree. I have reviewed, understand and acknowledge the above statement. EMPLOYEE SIGNATURE (II available to sign) DATE EMPLOYER SIGNATURE DATE AUTHORIZED BY EMPLOYER ❑ YES ❑ NO GAHHILH INFUHMATIUN ❑ 1. Case Denied— DWC -12, Notice of Denial Attached. ❑ 2. Medical Only which became Lost Time Case (Complete all info in #3) ❑ 3. Lost Time Case 1st day of disability I Salary continued in lieu of comp? 0 YES Salary End Date I I Date First Payment Mailed —/_/_ AWW Comp. Rate ❑ TT. 0 Tr -80010 0 T.P. 1~1 I. B. ❑ P.1: 0 Death REMARKS: CARRIER NAME, ADDRESS & TELEPHONE FCC[ MUTUAL INSURANCE COMPANY CARRIER CODE N EMPLOYEE'S RISK CLASS CODE EMPLOYER'S SIC CODE P.O. BOX 25248 788 Sarasota, FL 34277-2248 SERVICE COITPA CODE x CARRIER FILE P 941- 957 -0140 1 -800- 226 -8092 Is emDlover self- insured? ❑ YES ❑ NO ..+ EWC For, DWC -1 (t 1194) _ FORM 3210 REV. 11197 Div llON COPY EMPLOYER: SEND DIVISION AND CARRIER COPIES TO YOUR INSURANCE CARRIER (NOT YOUR AGENT) 9 AWA41 FIRST REPORT OF INJURY OR ILLNESS (NOVICE OF INJURY) TIRED OF PAPERWORK? Do you prefer to make a quick phone call to report an injury or illness? To assure a timely response, refer to the attached First Report of Injury or Illness form to make sure you know all of the information you are going to be asked. Then, pick up the telephone and call: (800) 226.,8092 NEED ASSISTANCE WITH REPORTING A WORK - RELATED INJURY? Our claims professionals are standing by to assist you with an immediate response to your claims inquiries. We are available 24 hours a day. CONCERNED ABOUT DOCUMENTATION? We will take care of all reporting requirements. Within 48 hours of your initial contact, we will send both you and your injured employee copies of the First Report of Injury or Illness form for your records. THANK YOU FOR USING F.A.C.T.S. FAST ACTION CLAIMS TELEPHONE SERVICE In the event of a fatal injury, you are required by law to report the injury to the Bureau of Industrial Safety of the Division of Workers' Compensation within 24 hours by telephone (904) 48 8-3044 or fax (904) 9224538 FORM 321 0 REV. 11 !97 OSHA's Form 300 Log of Work - Related Injuries and Illnesses Attention: This form contains information relating to employee health and must be used in a manner that protects the confidentiality of employees to the extent possible while the information is being used for occupational safety and health purposes. You must record information about every work - related injury or illness that involves loss of consciousness, restricted work activity or job transfer, days away from work, or medical treatment beyond first aid. You must also record significant work - related injuries and illnesses that are diagnosed by a physician or licensed health care professional. You must also record work - related injuries and illnesses that meet any of the specific recording criteria listed in 29 CFR 1904.8 through 1904.12. Feel free to use two lines for a single case if you need to. You must complete an injury and illness incident report (OSHA Form 30 1) or equivalent form for each injury or illness recorded on this form. It you're not sure whether a case is recordable, call your local OSHA office for help. Establishment name Year 4e�p U.S. Department of Labor Occupational Safety and Health Administration Form approved OMB no. 1218 -0176 City State ublic reporting burden for this collection of information is estimated to average 14 minutes per response, including time to review the instruction, search and gather the data needed, and complete and review the collection of information. Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. If you have any comments about these estimates or any aspects of this data collection, contact: US Department of Labor, OSHA Office of Statistics, Room N -3644, 200 Constitution Ave, NW, Washington, DC 20210. Do not send the completed forms to this office. Be sure to transfer these totals to the Summary page (Form 300A) before you post it Page 1 of 1 L 5 _0 Using these categories, check ONLY the most serious result for each case: Enter the number of days the injured or ill worker was: Check the "injury" column or choose one type of illness: _ (M) N b Z c ° 0 o m o Q - r Y 0 © o MA 0 _ u7 Of U a- ¢ (1) (2) (3) (4) (5) (A) Ase No. (B) Employee's Name (C) Job Title (e.g., Welder) (D) Date of injury or onset of illness (mo./day) (E) Where the event occurred (e.g. Loading dock north end) (r) Describe injury or illness, parts of body affected, and abject/substance that directly injured or made person ill (e.g. Second degree bums on right forearm from acetylene torch) Death (0) Da s.awa _ from work (H) Remained at work Job transfer Other record- or restriction able cases (I) (J) On job transfer or restriction (days) (K) Away from work (days) (L) C) �C Page totals o 1 0 0 a 0 0 0 0 0 0 0 ublic reporting burden for this collection of information is estimated to average 14 minutes per response, including time to review the instruction, search and gather the data needed, and complete and review the collection of information. Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. If you have any comments about these estimates or any aspects of this data collection, contact: US Department of Labor, OSHA Office of Statistics, Room N -3644, 200 Constitution Ave, NW, Washington, DC 20210. Do not send the completed forms to this office. Be sure to transfer these totals to the Summary page (Form 300A) before you post it Page 1 of 1 L 5 _0 O N .0 C O (6 n O N L C Y � � C) �C (1) (2) (3) (4) (5) 'SHA,'s Form 301 Injuries and Illnesses Incident Report This Injury and Illness Incident Report is one of the first forms you must fill out when a recordable work - related injury or illness has occurred- Together with the Log of Work - Related injuries and Illnesses and the accompanying Summary, these forms help the employer and OSHA develop a picture of the extent and severity of work- related incidents. Within 7 calendar days after you receive information that a recordable work - related injury or illness has occurred, you must fill out this form or an equivalent. Some state workers' compensation, insurance, or other reports may be acceptable substitutes. To be considered an equivalent form, any substitute must contain all the information asked for on this form. According to Public Law 91 -596 and 29 CFR ' 904, OSHA's recordkeeping rule, you must keep s form on file for 5 years following the year to which it pertains If you need additional copies of this form, you may photocopy and use as many as you need. Completed by Title Phone Date Information about the employee 1) Full Name 2) Street City State Zip 3) Date of birth 4) Date hired 5)F—]Male Female Information about the physician or other health care professional 6) Name of physician or other health care professional Attention: This form contains information relating to employee health and must be used in a manner that protects the confidentiality of employees to the extent 4P possible while the information is being used for U.S. Department of Labor occupational safety and health purposes. Occupational Safety and Health Administration -- Z, — 7) If treatment was given away from the worksite, where was it given? Facility Street City State Zip 8) Was employee treated in an emergency room? Yes QNo 9) Was employee hospitalized overnight as an in- patient? FlYes No Information about the case 10) Case number from the Log 11) Date of injury or illness 12) Time employee began work 13) Time of event Form approved OMB no. 1218 -0176 (Transfer the case number from the Log after you record the case.) AM/PM AM/PM ❑Check if time cannot be determined 14) What was the employee doing just before the incident occurred? Describe the activity, as well as the tools, equipment or material the employee was using. Be specific. Examples: "climbing a ladder while carrying roofing materials ", "spraying chlorine from hand sprayer"; "daily computer key - entry." 15) What happened? Tell us how the injury occurred. Examples: "When ladder slipped on wet floor, worker fell 20 feet "; 'Worker was spayed with chlorine when gasket broke during replacement'; "Worker developed soreness in wrist over time." 16) What was the injury or illness? Tell us the part of the body that was affected and how it was affected; be more specific than "hurt", "pain ", or "sore." Examples: "strained rack "; "chemical burn, hand "; "carpal tunnel syndrome." 17) What object or substance directly harmed the employee? Examples: "concrete floor'; "chlorine'; "radial arm saw." If this question does not apply to the incident, leave it blank. 18) If the employee died, when did death occur? Date of death Public reporting burden for this collection of information is estimated to average 22 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Persons are not required to respond to the collection of information unless it displays a current valid OMB control number- If you have any comments about this estimate or any other aspects of this data collection, including suggestions for reducing this burden, contact. US Department of Labor, OSHA Office of Statistics, Room N -3644, 200 Constitution Ave, NW, Washington, DC 20210. Do not send the completed forms to this office. ©SHA's Form 300A Summary of Work - Related Injuries and Illnesses Ali establishments covered by Part 1904 must complete this Summary page, even if no injuries or illnesses occurred during the year Remember to review the Log to verify that the entries are complete Using the Log, count the individual entries you made for each category. Then write the totals below, making sure you've added the entries from every page of the log. !f you had no cases write "0." Employees former employees, and their representatives have the right to review the OSHA Form 300 in its entirety. They also have limited access to the OSHA Form 301 or its equivalent. See 29 CFR 1904 35, in OSHA's Recordkeeping rule, for further details on the access provisions for these forms.. Number of Cases F Total number of deaths 0 (G) Number of Days Total number of days of job transfer or restriction 0 (K) Total number of Total number of cases cases with days with job transfer or away from work restriction 0 0 Injury and Illness Types W Total number of... (M) (1) Injury 0 (2) Skin Disorder 0 (3) Respiratory Condition n Total number of days away from work a (L) Total number of other recordable eases 0 (J) (4) Poisoning 0 (5) All other illnesses 0 Establishment information Your establishment name Street City Year U.S. Department of Labor Occupational Safety and Health Administration Form approved civie no 1218 -n176 State Zip Industry description (e.g., Manufacture of motor truck trailers) Standard Industrial Classification (SIC), if known (e.g,, SIC 3715) Employment information Annual average number of employees Total hours worked by all employees last year Sign here Knowingly falsifying this document may result in a fine. I certify that I have examined this document and that to the best of my knowledge the entries are true, accurate, and complete. Company executive Title Post this Summary page from February 1 to April 30 of the year following the year covered by the form � Phone pate Public reporting burden for this collection of information is estimated to average 50 minutes per response, including time to review the instruction, search and gather the data needed, and complete and review the collection of information. Persons are not required to respond to the collection of information unless it displays a currently valid OM control number. If you have any comments about these estimates or any aspects of Gs data collection, contact: US Department of labor, OSHA Office of Statistics, Room N- 3644, 200 Constitution Ave, NW, Washington, DC 20210. Do not send the completed forms to this office. WAGE STATEMENT ro /r\ ACCIDENT INVESTIGATION REPORT REPORT # COMPANY: ADDRESS: 1. Name of injured: S.S. #: 2. Sex [ ] M [ ] F Age: Date of accident: 3. Time of accident: a.m. p.m. Day of accident: 4. Employee's job title: 5. Length of experience on job: (years) (months) 6. Address of location where the accident occurred: s 7. Nature of injury, Injury type, and Part of the body affected: 8. Describe the accident and how it occurred: 9. Cause of the accident: 10. Was personal protective equipment required? [ ] yes [ ] no Was it provided? [ ] yes [ ] no Was it being used? [ ] yes [ ] no If "no ", explain. Was it being used as trained by supervisor or designated trainer? [ ] yes [ ] no If "no ", explain. 11. Witness(es): 12. Safety training provided to the injured? [ ] yes [ ] no If "no ", explain. 13. interim corrective actions taken to prevent recurrence: 14. Permanent corrective action recommended to prevent recurrence: 15. Date of report 19 Prepared by: Supervisor (Signature) Date: 16. Status and follow -up action taken by safety coordinator: Safety Coordinator (Signature) Date: • 13 IV SAFETY TRAINING & EDUCATION A. The employer shall instruct each employee in the recognition of unsafe conditions and the standards and regulations applicable to his working environment. B. Employees required to handle toxic, caustics and poison substances shall be instructed in safe handling and use, potential hazards, personal safety and personal protective equipment use. C_ Employees required to handle or use flammable liquids, gases or toxic materials shall be instructed in safe handling, sue and specific OSHA requirements. D. All employees required to enter into confined or enclosed spaces shall be instructed in nature of hazards involved, precautions, protective and emergency equipment. E. All employees required to use or handle chemicals shall receive training as specified by the Florida Right to Know Law (MSDS). F. All other training requirements as specified by OSHA and Florida Right To Know Law (MSDS) shall be complied with. G. All new employees, prior to beginning work, shall receive safety orientation training specific to the nature of the work they are involved in. A record will be made for all training indicating date, time and place of said training, subject material covered, the names of both participants and instructors. As part of safety orientation training each salaried employee shall receive a copy of the company's Safety Manual. Safety material shall be read and reviewed with the employee acknowledging their understanding of the material in writing. IV TOOL BOX TALKS A. Tool box talks shall be held on the jobsite, on a weekly or more frequent schedule, with each foreman and crew. B. Such training shall cover materials specific to the industry. C. Handout materials shall be provided by the employer for each session. 14 D. The foreman presenting safety tool box talks shall maintain a written record of each session detailing time, date, place of each talk, subject matter, instructor's name, and name and signature of attending employees. E. Foreman shall discuss at weekly Tool Box Safety Meetings: I. Safety and accident prevention program. 2. Observed unsafe work practices or conditions. 3. Accident experience of his crew and correction of any unsafe conditions, or conditions which could result in injury to workmen or damage to property. 4. Safety suggestions from workers. 5. Discuss Material Safety Data Sheets (MSDS). V. OSHA RECORDKEEPING A. Frequency and severity rates Bureau of Labor standards and OSHA record work related accidents and illnesses utilizing an incident rate based on the number of cases per 100 workers. This mathematical ratio is based on the number of illnesses, injuries or number of lost work days times 200,000 divided by the total hours worked by all the employees during the period covered. Incident rate also called frequency rate is a measure of the number of OSHA recordable injuries and illnesses. The severity rate reflects the number of lost work days for those injuries and illnesses. The 200,000 number utilized in the formula is based on the number of hours for 100 workers working 40 hours per week - 50 weeks per year. Example - Incident rate = N X K e N = # of recordable accidents/illnesses K = Constant of 200,000 e = Total manhours worked in recording period Severity Rate = L X K e L = Lost time days K = OSHA constant of 200,000 e = Total manhours B. OSHA requires employers to maintain a number of records, these include: 1. OSHA Form 200 - Log and Summar is a convenient means of recording illnesses and injuries and noting the extent and outcome of each case. The Form 200 is also used as a yearly summary and is to be posted at the jobsite according to OSHA regulations. Since not all injuries and illnesses are recordable for clarification, refer to the OSHA guide of recordable injuries attached. 2. OSHA 101 - For Supplementary Records For all recordable injury of illness reported on the 200 log, it is necessary to record additional information on a supplementary record. OSHA Form 101 may be used for this purpose or workers compensation, insurance, or other forms may be used instead if they contain all 15 the information required on Form 101. C. Specific Records All records must be retained for a minimum of 5 years. In addition of OSHA log 200 other specific records required include: 1. Scaffolding - drawings and specifications of tube and coupler scaffolds. 2. Power Platforms - log of test and inspections. 3. Man lifts - log of inspections. 4. Ionized radiation - exposure records, provisions and operating procedures, details of overexposure or excess levels, disclosure of affected employees. 5. Flammable and combustible liquids - inventory records on class one storage tanks. 6. Respiratory protection - date of issue, inspections and maintenance. 7. Portable fire extinguishes - unit tags for maintenance, inspections and recharges. Hydrostatic test dates and results. B. Fixed dry chemical systems - reports and inspections. 9. Overhead and gantry cranes - monthly rope inspections, certifications. 10. Crawler locomotive and truck cranes - monthly rope and crane inspections. 11. Derricks - monthly rope inspections. 12. Mechanical Power Presses - inspections and maintenance. 13. Forging machines - records of safety inspections. 14. Welding, cutting, brazing - records of periodic inspections. 15. chemical use - copies of MSDS, monitor records, training records. 16. Safety training - record and attendance of training sessions. 16 Aaw Work- related injuries 17 VI SAFETY INSPECTION PROGRAM Safety inspections shall be scheduled on an informal and formal basis. A. Formal inspections shall be completed by home office or outside contract sources on a monthly basis. Such inspections shall detail in writing all problems or violations observed and actions undertaken to abate conditions. See Safety Check List Form attached. B. Informal inspections shall be carried on by jobsite supervision on a weekly or more frequent basis or as necessary. Such inspections shall be completed using checklists including but not limited to: 1. Superintendent's verification checklist. 2. Health and safety checklist. 3. OSHA Checklist, C. Abatement All problems, deficiencies, violations and unsafe conditions noted in any inspection require that details regarding abatement of that condition be maintained in writing. D. violations A. Formal report: Use superintendents Safety Check List form. B. Informal inspections to be corrected immediately. E. Disciplinary Action our company's accident prevention program stresses the safe methods, work practices, procedures and rules that must be adhered to by all employees. ...� So that every employee is forewarned, disciplinary action will be taken for violations of established safety rules and procedures. A notice of safety violation shall be noted on the Daily Diary. The seriousness of the violation will determine what disciplinary action will be taken such as: 1. 'Written warning: utilized when safety violations occur such as improper equipment or use of defective tools. 2. Time off without pay: Utilized when unsafe acts or violations of safety rules result in injuries or when such violations result in a likelihood of the occurrence of serious injuries to the violator or others. 3. Discharge: utilized in cases of repeat violations of safety practices in general or when second warning for serious offenses are received. Any employee who knowingly violates established safety rules or procedures or allows any employees under his direction to do so, will also be subject to disciplinary actions. Such actions will depend on the nature or degree of the violations. Each employee is required to sign in the presence of a supervisor a form acknowledging receipt of the company safety rules. see attaced. 18 Subcontractor's Comnliance (list) 2. 3. 4. 5. DEFICIENCIES "B" LISTED ABOVE WERE CORRECTED AS FOLLOWS: (list hazard, method of correction and date corrected) Suggestions Signed: Project Manager Signed: Superintendent NOTE: Superintendent, verify that all employees know or have the following: ..+.%. a) Know emergency procedures in case of jobsit injury, accident, fire, etc. b) All personal hand tools in good condition. c) Employees are never to do anything they deem to be unsafe (including working or walking through an unsafe area, cluttered with debris, poor or no lighting, unsafe ladders, etc.). d) Employees have been instructed, and it is recorded, and employees understand what is classified by OSHA, Local and /or Corporate Code as to what is "Safe and Unsafe ". 19 'A. SAFETY INSPECTION CHECKLIST Date of Inspection: Department Inspected: Safety Auditor: Many of the following items will be appropriate, though some will not always apply in certain areas of the facility. From this list of items, a department may wish to glean from it only those items that apply to them and so could reduce the size of the list. Instructions of use of the checklist Prior to actually beginning the inspection, observe the people and how they work. Be especially observant of evaporative acts such as a person making a change in the way they do things simply because you are making the inspection. Example of evaporative acts are: installing hearing protection, putting on safety glasses or any required personal protective equipment. Place a check mark to the right of each line that you inspected. If an immanent danger is discovered during the inspection, mark an "x" on the appropriate line and attach a form indicating the violation, the corrective action and date corrective action is to be taken. If an item does not relate to your area mark "N/A". General Conditions Aisles No slip, trip, or fall hazards. Openings closed or covered. Clean, orderly, and fzee of oil or grease. Nonslip surfaces whenever needed. _ Grates over floor drains. _ No rags or papers on floor Unsafe behaviors observed? Clearly marked. _ Unobstructed. Sufficiently wide for material handling. 9C Unsafe bellavlors obscr~ ed? Lighting Illumination level sufficient for work performed. Emergency lighting adequate and operating. Emergency lighting at all exits. Exits and Exitway5 Proper number of exits. _ Exits not locked. Exit signs used properly. _ Illuminated exit signs used. Exitways kept free and clear inside and out. Exit doors open in direction of travel. _ No storage of flammables or combustibles in exitways. Unsafe behaviors observed? 11006, Ventilation Adequate ventilation for the process. Fans properly guarded. _ Hoods draw air away from people. Hoods properly connected to exhaust system. Noise Control and Hearing Consemlion Engineering controls applied where feasible. _ Engineering controls in operations. _ Administrative controls applied. _ Hearing protection provided and used where needed. _ Employees using hearing protection properly. Unsafe behaviors observed? Electrically grounded. _ Condition of tools and cords observed. 0001. Grounding prong in place and working. Constant pressure switches on tools. Proper guards in place and used properly. Strain relief device on power cord at tool. Unsafe behaviors observed? • •- ' �. Being used when required. _ Authorized employees only doing lockouts. _ LOTO Policy for each machine. All employees trained. Locks unique and identified as to user. Tags identified. _ All energy sources addressed in lockout. _ Affected employees kept out of way. Program enforced by management. Unsafe behaviors observed? M-a-dine-Tools Guards in place. Guards complete for pinch points, inrunning nips, and points of operation. Eye protection provided and worn. _ Lockout Policy available. Emergency stops readily accessible. operators qualified to operate by training. Unsafe behaviors observed? 22 Potentially Hazardou Chemicals MSDS available for all chemicals used. Written HazCom Program available. Employees trained. _ Labels on all drums and chemicals. Labels on in -plant containers. _ Proper absorbent cleaning materials. _ Drums /tanks properly grounded/bonded as needed. _ Proper personal protective equipment used. Flame arresters in safety cans as needed. Proper storage cabinets as needed. Unsafe behaviors observed? Hoisting arld Lifting Equipment Rated capacity clearly visible. Hook safety clips in place. Full unobstructed view for operator. Limit switches working properly - if used. _ All foot or hand controls working properly. Operators trained properly. Unsafe behaviors observed? In-Plant Materials a ling Dock locks and levers working properly. Stabilizer jacks available for use when needed. _ Pallets and skids in good repair. _ Pallets and skids stored properly when not in use. Aisleways kept clear of stored materials. Storage provided for unused pallets and skids. Unsafe behaviors observed? Compressed Gas Cylinders Oxygen and fuel gas cylinders stored properly in bulk. Oxygen and fuel gas cylinders separated properly. Oxygen and fuel gas cylinders chained up as needed. All cylinders stored upright with caps in place. All cylinders properly labeled. 23 Employees trained in proper handling. _ Kept away from open or other high heat sources. Unsafe behaviors observed? Power tern - Mechanical Proper guarding of all nip, points, rotating parts, cams, chucks, couplings, clutches, shafts, flywheels, spindles, bolt ends, keyed shaft ends. _ Emergency stops fully operational. _ Employees trained properly. Lockout - tagout used when required. Unsafe behaviors observed? Power Systems - Hydraulic Pressure Iines clearly identified. Pressure regulated within limits. Emergency stops fully operational. _ Employees properly trained in operation. _ Lockout- tagout used when required. Unsafe behaviors observed? ewer Systems -- Electrical All systems properly grounded. Electrical control panels identified. Disconnects identified as required. Any exposed wiring. Employees trained properly. _ Lockout - tagout procedures in place. _ Lockout- tagout procedures being used. Explosion -proof fixtures where required. Grounding prongs in place on cords. No flex cord used in permanent installations. No spliced extension or other cords. Unsafe behaviors observed? Machines 24 Proper guards in place. Guards are effective and unable to be bypassed. Mechanics only persons who remove guards. Mechanics return guards when job is finished. Controls clearly labeled. Controls work as designed. Controls guarded against accidental start up. Emergency stops not clearly identified. Lockout - tagout used when required. Operators properly trained. Adjusters properly trained. No by- passing of guards. Unsafe behaviors observed? Industrial Trucks All operators trained. Safety and operational check list used. Trucks driven at a safe speed. Required factory label in place. Overhead guard and backrest extension in place. Running lights were needed. Horn working. Proper shutdown procedures used. No riders - unless the truck is designed for it. Pedestrians given the right of way. Docklocks used on trailers. Unsafe behaviors observed? Ern lloovee Work Practices _ices Wearing jewelry. Proper clothing. Proper footwear. Personal protective equipment as needed. Potential for repetitive motion injury. Evaporative. acts. Horseplay. Employee Training Basic orientation. 25 New employees trained in safe work practices. Transferred or promoted trained in safe work practices. Any unsafe behaviors observed? ill . R I Lockout- tagout to be used when needed. Positive lockout policy provided for all power equipment. Trained as "authorized or affected" employee. _ Lockout lock used only for the purpose. _ Individual machine policy displayed. Locks personalized to identify the owner. _ "Danger" tag used with lock. Tag attachment is a nylon wire bundle tie. _ Only "authorized" employees locking out. Unsafe behaviors observed? M Fire Protection Written fire action plan. Fire drills held regularly. Fire extinguishers checked regularly. _ Fire extinguishers are of proper type and size. Fire extinguisher locations marked clearly. _ Sprinklers properly sized for the hazards. _ Sprinkler heads are clear of obstructions. Employees trained to use fire extinguishers. _ Welding or Hot Work Permits issued. Flammables kept in safety cans, properly labeled and properly maintained and used. No smoking rules in force and enforced. Unsafe behaviors observed? Personal Protective Equipment,. Any and all required personal protective equipment used when needed. Equipment such as respirators and hearing protectors kept in a clean and sanitary condition. Emergency showers kept in good operating condition and clean. Waste Disposal f icc Special containers provided and used for different types of waste - oily rags, chemicals, scrap, etc. Food waste handled separately. _ When required, waste properly labeled. Satisfactory external cartage and disposal arrangements. Approved disposal arrangements with a certified hauler for hazardous wastes. Good house keeping practiced. Unsafe behaviors observed? Floors have no slippery surfaces due to excessive or the wrong type of wax. 27 Carpets free of holes, cuts or tears. Aisles and hallways obstructions. _ Exits properly lighted. No top -heavy file cabinets (either by loading or open drawers). No smoking rules enforced. Proper fire extinguishers installed. All electrical equipment grounded properly. All electrical supply equipment protected from exposure. W SAFETY INSPECTION VIOLATION REPORT Aenartment: te: Auditor: Supervisor: VI LA D: ©RRFCTNE ACI NISI: (Include date implemented or to be implemented) Agreed and Acknowledged Auditor Date Supervisor Date 29 SAFETY RULES REMINDER 1. Report any accident immediately to your or superintendent. 2. Wear proper clothing at all times: shirt, long pants and work shoes. (No cutoffs, sneakers, sandals, or not wearing a shirt.) 3. Minor first aid treatment is available in the Company job sit office. 4. Never use the top two rungs of a ladder and always be sure legs are firmly braced. �. When using small power tools wear eye protection. 6. when using electrical cords be sure that they are properly grounded. (Ground needs to be tested each month.) 7. When using scaffolding be sure that it is assembled properly. (Check load chart before loading.) B. Always wear eye protection when using cutting torches, cutting concrete and cutting pipe. 9. Before using any power tool know how to use it safely. 10. Only employees trained as welders are to use the welding equipment. 11. When stripping lumber, always remove any protruding nails. 12. When using chemicals, paints and fuels, always read and observe safety procedures and precautions. Follow manufacturer's recommendations. 13. Equipment Use and operation Rules: A. only operators are to use any heavy equipment. B. Operators: Know the capacity and limitations of -your equipment and don't exceed limit. C. Before doing any excavation know where underground utilities are located. D. Learn proper hand signals before directing a crane. E. When making lifts with a crane learn and use proper safety procedures for attaching cables. 30 FIRST AID INSTRUCTIONS In all cases requiring emergency medical treatment, immediately call, or have a co- worker call, to request emergency medical assistance. WOUNDS: Minor: Cuts, lacerations, abrasions, or punctures • Wash the wound using soap and water; rinse it well. • Cover the wound using clean dressing. Major: Large, deep and bleeding • Stop the bleeding by pressing directly on the wound, using a bandage or cloth. • Keep pressure on the wound until medical help arrives. BROKEN BONES: BURNS: • Do not move the victim unless it is absolutely necessary. • If the victim must be moved, "splint" the injured area. Use a board, cardboard, or rolled newspaper as a splint. Thermal (Heat) • Rinse the burned area, without scrubbing it, and immerse it in cold water; do not use ice water. • Blot dry the area and cover it using sterile gauze or a clean cloth. Chemical • Flush the exposed area with cool water immediately for 15 to 20 minutes. EYE INJURY: Small particles • Do not rub your eyes. • Use the corner of a soft clean cloth to draw particles out, or hold the eyelids open and flush the eyes continuously with water. Large or stuck particles • If a particle is stuck in the eye, do not attempt to remove it. • Cover both eyes with bandage. Chemical • Immediately irrigate the eyes and under the eyelids, with water, for 30 minutes. NECK AND SPINE INJURY: • If the victim appears to have injured his or her neck or spine, or is unable to move his or her arm or leg, do not attempt to move the victim unless it is absolutely necessary. HEAT EXHAUSTION: - • Loosen the victim's tight clothing. • Give the victim "sips" of cool water. • Make the victim lie down in a cooler place with the feet raised. 31 VII MEDICAL SERVICES AND FIRST AID A. The employer shall ensure the availability of medical personnel for the jobsite. B. All medical services provisions shall be made prior to the start of the job. C. At least one employee trained in First Aid and currently certified shall be available at each jobsite and each shift. D. OSHA. approved First Aid Kit will be available at each jobsite. E. Emergency telephone numbers for police, fire, physician, hospital and ambulance services must be made available. F. Provisions for transportation of injured persons and a communications systems must be provided at each jobsite. -4 7 Vill SANITATION A. Drinking Water 1. Adequate supply of potable drinking water shall be supplied at each jobsite. 2. Containers used to dispense drinking water shall be clearly marked, capable of being tightly closed, and equipped with a tap. 3. Disposable single service cups shall be used for drinking water. receptacles for their disposal shall be provided. B. Toilet Facilities d 1. Toilets shall be provided for employees as follows: a. Portable toilet for every 20 employees. C. Washing Facilities 1. Employer shall provide washing facilities for any employee involved in handling of chemical and /or harmful substances. 33 IX. HOUSEKEEPING Project housekeeping will be maintained at a level equal to or better than OSHA Standards which stipulates: A. During the course of construction, alteration or repairs, form or scrap lumber with protruding nails and all other debris shall be kept clear from work areas, passageways and stairs in and around buildings or other structures. B. Combustible scrap and debris shall be removed at regular intervals during the course of construction. Safe means shall be provided to facilitate such removal. C. Containers shall be provided for the collection and separation of waste, trash, oily and used rags and other refuse. Containers used for garbage and other oily, flammable or hazardous wastes, such as caustics, acids, harmful dusts, etc., shall be disposed of at frequent and regular intervals. The following checklist may be used as a guideline: 1. Enough trash and waste containers will be available. 2. Garbage, trash, scrap and other waste shall be deposited in suitable containers 4s generated. Get it into the containers as soon as possible. 3. Have trash cans at each drinking water station. 4. Drip pans shall be under equipment and barrels to catch fuel or oil leaks or spills. 5. Drip pans shall be used for drums or containers being used to dispense oil, curing compound or other fluids. Put the pan under the spout. Keep them emptied, especially before and after the rains. Sand bag dikes with poly liners must be built around all fuel tanks. 6. Clean up any oil /fuel or lubricant spill immediately and dispose of the waste into special containers. Use Speedy Dry and absorbent pads where necessary. 7. Do not have excessive construction materials stored within your area. 8. Assign pick up crews in ample time to have trash picked up. Your own labor crews are responsible for your area. Patrol it daily. 9. Stored material should be on dunnage and protected within assigned area. 10. Correct storage problems. 11. Keep rebar off the ground. Use enough dunnage to keep rebar from sinking. Protect rebar from road splashes. set up your laydown areas and use 8 x 8 dunnage. Maintain walkway access to the rebar. Keep rebar out of access and walkways. 12. Do not store any other material on top of rebar. 13. Do not store materials next to flamna.ble stations such as oxygen, acetylene fuel. Keep access to these areas clear. 14. Keep scaffold walkways and stairways clean and free of materials. 15. Keep materials at least three feet away from electrical load centers. 16. Combustible materials shall be stored in designated areas. 17. No eating or drinking in storage area or other controlled area. 18. Dunnage not being used should be neatly stacked. 19. Incomplete scaffolds are not to be used. 20. Keep area free of trash, scrap wood, metal, garbage and litter. 34 Clean it up daily. a. Pick up banding and heavy wire that is used on rebar bundles or structural steel and put into the dumpster. Ironworkers are not exempt from this duty. b. All wire on the ground must be picked up and put in trash containers. 21. Lumber and dunnage stored when not in use. Remove it if not needed. 22. Keep forms, hardware and scaffold planks stored. Do not use scaffold planks to protect air lines crossing roads or under cranes and equipment for leveling purposes. 23. Excess forms removed. 24. Keep anchor bolts embedded in concrete protected from damage with dunnage or blocking and greased and wrapped for weather protection. 25. Enclosures for fuel /oil tanks must be in place. Sand bad dikes and poly liners intact and in good repair. Remove any oil inside of dikes on a daily basis. 26. Keep oil spills cleaned. 27. Site road access ways and ramps in good condition. 28. Keep materials at least 15" away from large propane tanks and do not put anything on the protective roofs. 29. Oxygen and acetylene bottles must be stored upright and tied off. 30. Precaution signs such as "No Smoking ", "Safety Glasses Required," "Safety Related Storage," shall be maintained in good condition. 31_ Protection provided from fire or weather as follows for material storage in the field. Also check that fire extinguishes are in place and full. a. The following interim storage procedures apply to these commonly used materials, while in the construction area prior to installation: 1. Reinforcing Steel:. a. On dunnage off of the ground to allow for air circulation and avoid contact with trapped water. Use 8 x 8 dunnage to assure compliance. Set up storage areas correctly the first time to avoid non conformance. b. No materials can be placed on top of another. C. Bundles must have I.D. tags when shipped to the construction area. Bundles opened for partial shipment to the field must be retied or rebanded and their I.D. tags maintained in the storage area. 2. Structural Steel, Anchor Bolts, Embed Plates: a. On dunnage a minimum of 4" above the ground. b. No other materials can be placed on top of permanent material. C. Maintain piece marking identifications. 3. Waterstop and fittings: a. On dunnage or pallets off the ground or in a covered box. b. Cover with burlap or polyethylene for protection from direct sunlight. 35 4. fibroplank roof decking: a. on pallets - do not stack over two high. b. cover with polyethylene to prevent moisture absorption. 5. Waterproofing membrane: a. Off of the ground and guarded against damage. b. covered with burlap material with protective course concrete or plywood. 32. Check all interim storage daily. 33. The following items must be stored inside a weather tight and well ventilated building in adequate storage containers and amounts. a. Adhesives b. Bagged cement and grout C. curing compound d. flammable and combustibles The items shall be placed on pallets to provide for air circulation and prevent contact with water. Temperatures shall be maintained between 40 °F in cold weather and 140oF in hot weather to prevent condensation or corrosion. 34. Disposal of hazardous materials: Misfired or damaged Hilti cartridges will be returned to the tool crib and placed in metal box. Warehouse personnel shall collect the cartridges for removal from the site by the Construction Manager. All Hilti cartridges, fired or unused, must be returned to the foreman for proper disposal or reuse. 35. Environmental conditions maintained as required for: a. oil leaks b. Form oil C. Blowing trash picked up d. Chemical spills 36. Unneeded materials returned to warehouse. 37. slings, chokers, shackles stored off of the ground. 36. Waterproofing membrane protection in good condition. 39. Holes covered and barricades and handrails maintained. Replace them immediately after work in the hole is complete. Post a guard if necessary. 40. Report any poor conditions to your supervisor. Correct unsafe conditions before starting work. 41. Housekeeping is everyone's business. 36 X PERSONAL PROTECTIVE EQUIPMENT A. Hearing Protection 1. Employees exposed to sound levels over 9a decibels shall use approved hearing protection. This would include but not be limited to such operations as use of heavy equipment, operation of hand and power tools, operation of impact equipment. B. Head Protection 1. Employees working in areas where there is danger of impact from falling or flying objects or from electrical shocks and burns shall wear approved head protection. 2. Hard hats used on the job shall comply with ANSI - Z- 89.1(1969) and /or Z- 89.2(1969) C. Eye and Face Protection 1. Employees shall be provided with eye and face protection when they are engaged in any operation that presents any potential for face or eye injury. a. Such operations would include drilling, grinding, chipping, welding, burning, cutting, use of power tools, use of impact tools, and chemical handling and use. 2. All eye protection shall correspond to OSHA regulations. *Sunglasses are not approved eye protection. Specific requirements 1 to 10. a. Personnel directly handling placement of concrete must wear either soft -sided mono - goggles or safety glasses with face shield. Personnel in vicinity of concrete pours must wear either soft -sided mono - goggles or safety glasses. b. Personnel doing light grinding must wear soft -sided mono- - goggles or safety glasses with side shields. for severe exposure, face shield must be worn in conjunction with safety glasses. C. Personnel doing heavy grinding must wear either soft -sided mono - goggles or chipping goggles. For severe exposure, face shield must be worn in conjunction with safety glasses. d. Personnel using portable drills must use soft -sided mono - goggles or safety glasses with side shields. e. Personnel using drill presses or large table mount drills must use soft -sided mono - goggles or safety glasses with face shield. f. Personnel using jackhammers must use soft -sided mono - goggles or safety glasses with shield. g. Personnel using portable power saws need wear only soft -sided mono - goggles or safety glasses with side shield. h. Personnel using table mounted saws or mounted metal cutting band saw must use soft -sided mono - goggles or safety glasses with face shield. i. Personnel using a hydroblaster must use soft -sided mono - goggles or safety glasses with face shield. j. Personnel working with or applying solvents and coatings must wear soft - sided mono - goggles or safety glasses with side shield. However, if the material being used is of acid base or an irritant to the eyes and there is a possibility of a '! splash, a face shield must be used in conjunction with safety glasses. Eye and face protection required, herein, shall meet the requirements specified in American National Standards C91VJ Institute 387.1,1968. D. Respiratory Protection 1. Proper respiratory protection shall be used in any incidence where the employee is exposed to harmful concentration of harmful irritants, toxins, dust, gas, or vapors. 2. Respiratory protection shall be specific to the nature of the hazard involved. E. Safety Belts, Life Lines & Lanyards 1. Any employee exposed to a fall in excess of 10 ft. or into or on dangerous substances and materials, shall use a safety belt and life line when standard railings and guards cannot be provided. 2. All safety belts, life lines and lanyards shall be in compliance of OSHA 1926.104. F. Hand Protection 1. Proper hand protection shall be used when working with any hazardous substance such as chemicals, abrasive, flammable combustibles, irritants, toxins and nauseous substances. G. Foot Protection 1. All employees shall use adequate construction type boots on all jobsites. 2. Sneakers, loafers, desk shoes, sandals and other types of leisure wear are not appropriate footwear. H. Clothing Protection 1. All employees shall wear long sleeve shirts and pants on all jobsites. 2. Shorts, cut -offs and T- Shirts are not approved clothing protection. 3. Employees sustaining serious sunburn cases shall be subject to disciplinary actions including suspension and dismissal. I. Working over or Near Water 1. Employees working over or near water or where a danger of drowning exists shall be provided with Coast Guards approved life jackets or buoyant vests. 2. Ring buoy, tether lines or at least one skiff will be provided for rescue purposes. 3. All rescue equipment, buoyant jackets and vests will be inspected each day prior to use. Defective equipment shall not be used. J. Knee Pads 1. Employees required to kneel to perform their job shall be provided with knee pads. K. Maintenance 1. Personal protective equipment which has been changed in any manner so as it reduces its effectiveness shall be repossessed and repaired or destroyed. 2. Personal protective equipment which has been worn or used previously shall not be re- issued to another employee until the article has been cleaned and sterilized. XI. FALL PROTECTION 1. Ensure that the three sides of the fall protection triangle are considered in all fall protection PPE selection and use. 38 The three sides include: a. Body Holding Devices - Belts and Harness. b. Connecting Means - Lanyards, Life Lines, Rope Grabs. C. Anchorage - Rings, Ties. 2. All load limits for fall protection equipment will be rated for the limit of the weakest point in the entire system. 3. Harnesses should be used in place of body belts in all fall protection systems. 4. All equipment used in a fall protection system must be compatible to insure adequate protection. Ito not mix harnesses, lanyards, etc. from different manufactures. 5. All protection must be used in all fall exposure hazards that: a. Exceed 6 feet. b. Expose workers to dangerous materials, equipment, chemicals or processes. 6. Fall protection shall be continuous throughout the work and travel period so that at no time from start to finish an employee is exposed to fall hazards. 7. Procedures that would require and employee to interrupt his fall protection, such as hooking on and off while traveling or during exposure to fall hazards, shall not be used. A. FALL GUARDING Floor and Wall Type Openings .® 1. The guarding of floor and wall openings and holes will be maintained in full compliance with OSHA 29 CFR 1926.500. 2. Standard guard rail protection (or an alternate method) shall be provided on any type of fall exposure opening that is six feet above adjacent levels. 3. Standard guard rail protection shall be provided at fall exposures less than six feet if adjacent exposures (protruding rebar ends, machinery, etc.) are present and could result in serious injury. 4. Standard railings shall consist of top rail, intermediate rail, toeboard and posts and shall have a vertical height of approximately 42" from walk surface to top of rail. 5. For wood railings, posts shall be at least 2" x 4" stock spaced not more than 8 feet. The top rail shall be at least 2" x 4" midrail of 1" x 6" stock. Toeboards 4" high. 6. steel rails call for 2" x 2" 3/8" angle iron spaced up to 8 feet. 7. Pipe rail can be of 1i pipe also spaced up to eight feet. 8. Over passageways or other "men below" exposures, the use of plywood or mesh screen must be used in addition to toeboard protection on all scaffolds and work decks or platforms. 9. Any unguarded holes or openings shall be immediately reported and protected until standard protection can be placed. Post a guard if necessary. Temporary covers for holes in floors should be made to fit the opening tightly. It should be a snug fit cut to the proper opening size_ Use substantial lumber. Do not lay a piece of plywood over open holes_ Covers should be secured against movement. 10. An alternate method of accomplishing fall guarding would be the utilization of safety belts, life lines and safety rope grabs which would limit the potential fall to not more than six feet. Unprotected Work Areas 3:] 11. No personnel shall be exposed to a fall. In areas where standard guarding cannot be placed, safety life belts shall be worn attached to life lines minimum 3/4" wire core manila, etc., or Y' nylon, with maximum length to provide for a fall no greater than six feet. Suspended Scaffolds, Man Cages See scaffold section Scaffolds A. Erection of Tubular Welded Frame Scaffolds shall comply with the Safety Requirements of Scaffolding ANSI A10.8.6 and on OSHA standard 29 CFR 1926.451. 1. All metal tubular frame scaffolds and all their parts shall be designed to support four times the maximum intended load. 2. All installations shall be fully cross braced with braces of such length that they automatically square and align the scaffolding so that it is plumb, square and rigid. All brace connections must be secure. Tubular frame scaffolds such as is used on the project has a positive means of securing the cross bracing supplied by the manufacturer. Any braces that cannot be secured are defective and should not be used. 3. Scaffold bases, either plain or adjustable, shall be used on all installations. Any installation on ground (as opposed to concrete) shall be made with mud sills that run parallel to the scaffolding under the base plates. 4. Coupling pins between sections will always be used. 5. A guardrail, midrail and toeboard of standard dimensions will be installed on all scaffolding. The guardrail shall be installed at a height of approximately 42" with a midrail and a toeboard at least 4" high. The rails may be made of lumber or may be the metal type supplied by the manufacturer. The rails shall be supported at spacing of not more than 8'. 6. Scaffold installations shall be tied in or otherwise secured to the structure at spacing not greater than 30' horizontally and 26' vertically. 7. All planking will be scaffold grade. on this project, scaffold grade planking is to be indicated by green painting on the ends of the planks. Planks shall extend over the end supports by not less than 6" nor more than 12 ". Planks shall either be overlapped one to another by not less than 12" or shall be secured from movement. B. Scaffolds shall be inspected daily before using them. check guardrails, connectors, fastenings, footings, tie -ins and bracing, etc. C. Avoid over stockpiling material on scaffolds and remove all material and tools at the end of shift. D. Distribute loading and pile material being used over ledger and bearer points to minimize platform loading. E. Avoid working on scaffolds during storms or high winds and clear platforms of all oil; water or slippery substances before using sand wet planking to prevent slipping. F. Use protective barriers at base of scaffolds to protect them from being struck by vehicle or equipment and control hoisted material from ground with taglines. G. Platforms and area around scaffolds shall be kept clear of unneeded equipment and materials. Electric cords and hoses shall be properly hung to avoid trip and fall injuries. Suspended Power Scaffolds 1. Material hoist or hooks shall not be used to provide lifting power 40 for any personnel use scaffolds. 2. On suspension scaffolds designed for work load of 500 pounds (spider Cages) no more than two men shall be permitted to work in it at one time. 3. Each man on a suspended scaffold shall be protected by a safety belt attached to a separate life line. The life line that has been secured above the crane ball. Man Lifts 1. Crane lift of personnel shall only be made in "Man Lift Cages" or "Boatswain chairs" designed and made for this purpose only. Each man in the lift or chair shall be protected by a safety belt attached to a separate life line that has been secured above the crane ball. Manually Propelled Mobile Scaffold 1. When free standing mobile scaffold towers are used, the platform height shall not exceed four times the smallest base dimension. 2. Base adjusting screws shall not be extended more than 12 ". 3. All casters must have brakes in good working condition and must be applied, except when tower is not being moved. 4. Scaffold shall be properly braced by means of vertical cross bracing on both sides of every lift and horizontal diagonal bracing near the bottom and at 20' intervals from the rolling surface. 5. Work platform shall be tight planked for the full width of the scaffold and shall be secured in place. 6. standard guardrail, midrail and toeboard shall be provided on the work platform. 7. A ladder shall be provided for proper access to the work platform and shall be affixed or built in such that it will not have a tendency to tip the scaffold. 8. No employee shall ride on manually propelled scaffolds. Fall Guarding Lift Baskets 1. Lift Baskets include all types of aerial lifts, extensible boom platforms, aerial ladders, articulating boom platforms, vertical towers or any combination of the above. 2. All aerial lift use shall be in compliance of OSHA 1926 -556 ANSI A- 92.2. Specific Requirements 3. All lift and emergency controls will be tested each day prior to use. A walk around inspection of the unit will be made. If any defects are found it will be removed from service. 4. Only authorized personnel trained in their use shall operate aerial lifts. 5. A safety belt and lanyard attached to the basket is required for any work with aerial lifts. 6. All work shall be performed from the floor of the basket, no devices will be used to raise the work position. 7. Employees shall not climb on the railing of the basket or climb in and out or the raised basket. 8. No work shall be performed within 10' of energized line. 9. Proper barricading and signs will be used for any roadwork. 41 10. All regulations, standards and manufacturers recommendations will be adhered to during all use of such equipment. Pitch Roof Work All work shall be in accordance with OSHA 1910 -285. 1. Roofing bracket shall be constructed to fit the pitch of the roof. 2. Brackets shall be secured in place with nails driven into the roof. 3. on all roofs with a pitch of 3" in 12" at elevations greater than 20', a catch platform shall be installed. 4. in lieu of catch platforms, life lines, safety belts may be utilized to provide fall protection. 5. Crawling boards shall be at least 10" wide, 1" thick having cleats spaced out not more than 24 ". Crawling boards shall be secured by ridge hooks or equivalent effective means and extend from ridgepole to eves. 6. A 3/4" rope shall be strung beside each board for a handhold. 7. Guarding of Low Pitched Roof Perimeters All such work shall be protected by one of the following methods: a. MSS (Motion stop System) includes fall protection provided by the following means: standard railings, perimeter work decks, scaffolds or guard rails, safety nets or safety belt systems. b. Warning Line System - warning lines will be erected around all perimeter areas not less than 6' from the edge of the roof. Warning lines shall consist of rope, wire or chain, flagged at intervals of no more than 6 ", supported on stanchions 34 " -39" high. Access paths shall be erected at each point of access or degrees. C. safety Monitoring System - a safety system in which a competent person watches all employees in a roofing crew and warns them by verbal or audible means when they are acting in an unsafe manner or exposed to a hazard. The competent person must be on the same roof within visual sitting distance and must be close enough to verbally communicate with all workers. 42 Material Handling and Storage No material will be stored within 6' or roofing edge or at such heights that material toppling will be subject to falling from the roof. Employers shall assure that employees engaging in roof work have been trained in the following areas: 1. Nature of fall hazards in roof work. 2. Function in the use and operation of MSS System, Warning Line and Safety Monitoring Systems. 3. Correct procedures in erecting, maintaining, using and disassembling of system above. 4. Role of each employee in the safety systems. 5. correct procedures for the handling and storage of equipment and materials. 6. Any point of access not in use will be guarded. 7. Mechanical Equipment may not be used or stored in roof operations where the only protection provided is by a safety monitoring system. 43 Ladders and Stairs 1. Job made ladders shall be constructed as specified by OSHA 29 CFR 1926.450. 2. Single Cleat ladders can be made up to 30' long. 3. Rails for ladders up to 16' should be 2" x 4" beyond that length, rails must be 3" x 6 ". 4. Width of rails can be 15" to 20 ". 5. Cleats must be 3/4" x 3" when used in ladder length up to 20 feet and 3/4" x 3 -3/4" after that. 6. Cleats must be inserted li" in rail or have filler blocks and fastened with 3 -10 penny nails.. 7. Lumber used should be clear grained. 8. Ladders shall not be placed in passageways, doorways or any similar location that subjects it to displacement by vehicles or equipment. 9. Ladder, length shall be sufficient to extend a minimum of 36" above the top landing level. 10. Ladder must have good level foo -ting and be securely fastened at top and bottom. 11. Ladder must be erected at a proper angle_ The base should be away from vertical approximately ',� of the ladder length. 12. The use of short ladders (under 5 steps) shall be avoided, using wood stairs where possible. 13. Personnel using ladders must face ladder and keep both hands free to hold on to the ladder. 14. Materials shall not be carried up or down ladders. 15. Ropes or bull wheels should be provided along side ladders for handling of tools and materials. 16. Ladders that become subject to heavy and frequent use should be replaced with stairways. 17. All stair risers shall be of constant dimension, approximately 8 inches. 18. Ladder condition should be checked by all users and report any defects in need of repair. Defective ladders should be removed from service. 19. Access and exitways to and from ladders and stairways shall be kept clean and free of tripping hazards. 20. Pan stairs must be filled. XII. FIRE PROTECTION A. Fire protection equipment as required by OSHA shall be provided at each j obsite. B. Portable fire extinguishes as required shall be conspicuously posted and readily available. A11 fire extinguishes shall meet provisions NFPA 10 -A- 1970. C. Fire extinguishes shall be provided under the following conditions: 1. In all motor vehicles. 2. In all heavy equipment. 3. Any area where 5 gallons or 5 lbs. of flammable liquid or combustible materials are used on the job. 4. For every 3,000 sq. ft. of unprotected building area there shall be one fire extinguisher. 44 i S. For all cutting, burning, welding, heating and cadwelding operations_ G. In all areas where combustible materials are stored. 7. During all burning operations (open flame operations). 8. Anywhere flammable liquids are dispensed. D. only OSHA approved containers will be used to store flammable combustible materials. E. No flammable or materials shall be stored with 20 ft. of any building except in accordance with OSHA standards of indoor storage of flammable and gases. 1. All areas where flammable or combustible are stored shall be clearly marked. smoking, Burning or Open Flames shall not be permitted. F. The general requirements of National Fire Prevention Association (NFPA) and OSHA 29 CFR 1926.150 applicable to construction projects, will be the only acceptable standard of fire protection. G. On inside housed engines, with exhausts piped to outside the building, a clearance of at least six (6) inches shall be- maintained between such piping and combustible material. H. smoking shall not be permitted at or in the vicinity of operations which constitute a fire hazard; such areas shall be conspicuously posted: "No Smoking or Open Flame" such as; "waterproofing use," in use storage of fuels" and "combustible liquids and gases use," etc. 1. No temporary buildings will be erected inside any of the permanent structures, without permission of management. 1. Temporary building, when located within another building or structure, shall be or either noncombustible construction or a combustible construction having a fire resistance of not less than 1 hour. 2. Temporary building (except those used for highly flammable or similar hazardous material) shall be located no less than 10' from another building. J. open yard storage of combustibles shall be piled with due regard to the stability of the pile, the provisions of adequate accessways around it, and the area shall be kept free from accumulation of unnecessary combustible debris, weeds, etc. by periodic cleaning. K. Flammable and combustible liquids shall only be handled or moved in approved safety metal cans. 1. No more than five (5) gallons of flammable liquids will be stored inside any building, unless an approved storage cabinet is used. 2. All flammable liquid storage tanks shall be adequately dike and posted for type material and for caution against open flame, smoking, etc. 3. suitable drip pans shall be provided at all tank taps. 4. Oil or combustible liquid spill shall be cleaned up and removed immediately. 45 XII. GUIDELINES FOR THE DISPOSAL OF FLAMMABLE & COMBUSTIBLE LIQUIDS OR WAST OILS 1� A. Purpose and Scope �. Purpose. These guidelines are for the purpose of establishing an orderly system for the safe and environmentally sound collection, storage, and disposal of flammable and combustible liquids and waste oils. 2. Scope. These guidelines are mandatory and apply to the collection, storage, and disposal of flammable or combustible liquids or waste oils generated by any work operations. B. Definitions 1. Ap2roved Container shall mean any container that is listed by a recognized national testing organization as being suitable for the purpose intended. 2. Combustible liqui d shall mean any liquid that has a flash point greater than or equal to 100* F. 3. Container shall mean any vessel of 60 U.S. gallons or less capacity used up, contaminated, or unusable form oil, cutting oil, or any other oil except motor oil. C. Standards Referenced 1. "Standard on Basic Classification of Flammable and Combustible Liquids ", NFPA No. 321 -1976. 2. "Flammable and Combustible Liquids Code", NFPA No. 30 -1977. 3. OSHA Safety and Health Standards for Construction, 29 CFR 1926.152. D. Responsibilities I. Supervisor: Will monitor the performance of the craft foremen in removing liquid wastes from the work area. 2. Craft Foremen: Will be responsible for returning the liquid wastes into a collection drum. 3. Maintenance Shop Superintendent: Will be responsible for the provision and maintenance of covered containers for the storage of the waste oil, and of approved containers for flammable or combustible liquids. 4. Contractors: Shall remove from the site the waste oils or the flammable or combustible liquids in accordance with applicable laws or regulations. E. Storage and Disposal Methods 1. Flammable and Combustible Liquids a. As soon as possible after use, and always by the end of the shift, flammable and combustible liquids shall be removed to an approved container in the area. b. The containers shall be taken to the maintenance shop, where they will be emptied into a collecting drum outside the building and at least 5' away, until they are removed by the contractor. C. Each collection drum shall be clearly and prominently marked as to its flammable nature, and shall also be posted with "No Smoking " signs. d. The storage area at the maintenance shop shall also be prominently marked that flammable liquids are stored there, and shall also be posted with "No Smoking" signs. 46 e. A fire extinguisher, rated at least 40:B, shall be installed near each of the field collection points; at the central . collection points, two such extinguishes will be installed. 2. Waste Oil a. At the end of each shift, waste oils shall be emptied into a collection drum in each area. b. Waste oils shall then be taken to the maintenance shop, where they will be stored in a covered container until removed by the contractor. C. Each storage area in the field and the storage area at the maintenance shop shall be protected by a leakproof sill, composed of lumber and polyethylene or the equivalent, into which non - flammable absorbent material is placed. d. Each field storage area and the storage area at the maintenance shop shall be equipped with a fire extinguisher rated at least 40:B. F. Collection Intervals 1. Flammable and Combustible Liquids a. Flammable and combustible liquids storage may not exceed 1,100 gallons in one location in portable containers. b. Intervals frequent enough to meet this requirement will be decided by the Maintenance Superintendent and shall be required of the contractor. 2. Waste oil - Waste oil will be collected at intervals decided by the Maintenance Superintendent. 47 XII. GC7IDELINES FOR THE DISPOSAL OF WASTE MOTOR OIL A. Purpose This guideline is for the purpose of establishing a standard practice for the orderly and clean disposal of waste motor oil. B_ Scope This guideline is mandatory and applies to all disposal of waste motor lubricating oils. C. Responsibilities Maintenance Superintendent: Will see that the requirements of this guidelines are met. Will call on assistance of such other areas for assistance (such as laborers) when needed. D. Spill and Contamination Control l_ Motor oil shall be drained into suitable containers, never on the ground. 2. Spills shall be promptly cleaned up with ars absorbent material. E. Disposal 1. Waste motor oils shall be emptied from their receptacles into the waste oil disposal tank located at the maintenance shop, where it will be picked up by a contracted reclaiming company. 48 XIII_ WELDING, BURNING, CUTTING {OXYGEN & ACETYLENE Torch operator shall be responsible fox personal and fire protection safety in their use of the equipment. A. Eye, face and clothing protection equipment shall be used. B. Clear adjacent area of combustibles, etc. or drape with fireproof material. C. Fire extinguisher equipment should be at hand; with a fire watch in use when needed. D_ Never weld or cut into tank or drum which has previously contained flammable liquids or gas. It must be purged and tested. E. Adequate ventilation shall be provided. F. Consider a cylinder as full and handle it accordingly. G. Before installing the gauge and regulator, crack the valve momentarily to clear any foreign matter. H. Before burning, look around to make certain that hot metal will not be likely to start a fire, or fall on other personnel. I_ Suitable shielding should be provided for the protection of combustible. J. Avoid placing fuel gas cylinders in confined spaces. When leaving such spaces, remove the torch and shut the fuel supply at the tank. K. Acetylene tanks in use should have the wrench affixed to valves at all times. L. Keep cylinders a safe distance from immediate work areas. All Cylinders should be kept upright and secured. M. oxygen and grease do not mix_ Every effort should be made to keep any impurities away from oxygen cylinders, fitting and regulators. N. Avoid any tampering with regulators or gauges in the field, when damaged or defective ,Mark them as faulty and turn them in for repair. O. Avoid excessive hose length; however, where this is necessary protect hose from damage. check hoses and fittings regularly for leaks. P. Acetylene safety plugs melt at about 200 degrees; thus use warm, not boiling for thawing ice - clogged valves. Q. Shut off both cylinders when work is stopped for a period of time such as lunches, between shifts or overnight. Close the cylinder valves and release all gases from the regulators and hose lines. R. When setting up, crack cylinder valves to blow out dust. Wipe out connection seat, and never stand in front of the valve opening when cracking valves. S. Never use a pipe wrench or pliers when assembling the pressure regulators to the cylinder; use a smooth jawed wrench. T. Bleed cylinders, regulators and hose lines prior to starting work. U. Use a friction lighter to light the torch; never use matches or cigarette lighter. V. When cylinders are empty, keep them capped, secured, and mark cylinder at "MT" W. Immediately after use, gauges shall be removed and the cylinder caps replaced. 49 X. After use, hoses will be rolled up and stored. X. Except for set in use, oxygen cylinders shall be separately stored 1100* from fuel gas cylinders, or combustible materials by a minimum distance of twenty (20) feet, or a five (5) foot high, half hour rated fire wall. .OSWA Z. Crane lifting or cylinders shall be made in approved cylinder carriages, or cages. It is prohibited to use chokers on any gas cylinder. AA. Develop firewatch procedure in each area. 50 XIII. ARC WELDING AND CUTTING A. only equipment designed for welding will be used. B. only cable free from repair or slices or a distance of 10 feet from electrical holder will be used. C. Welding cable in need of repair will not be used. D. All electrical welding equipment will be grounded and ground connections will be inspected to ensure they are strong and adequate. E. Unacceptable grounds such as pipelines containing gases or combustibles, of conduits containing electrical circuits will not be used for grounding. F. When electrode holders are left unattended, electrodes shall be removed and the holders protected against accidental contact. G. When arc - welding equipment is moved or left unattended, the power supply will be turned off. H. All requirements outlined in 630 NEC, NFPA, 70 -1971 and ANSI -1971 as well as all other regulations shall be complied with. I. Whenever practical, all ARC welding and cutting operations shall be shielded to protect employees and others from ARC rays. 3. Fire extinguishes shall be available in the work area during all welding and cutting operations. K. Adequate ventilation will be provided by natural or mechanical means to maintain air quality, particularly in all confined workplaces. L. All fire protection provisions as well as the use of fire watch personnel and hotwork permits will be adhered to. M. Employees performing any kind of welding and cutting will be provided with suitable eye and respiratory protection as necessary. 51 XIV. ELECTRICAL A. Electrical power sources for our use must be in compliance with OSHA and National Electric Code Safety Requirements of Ground Fault Circuit ✓Mk Interrupters, and Assured Equipment Grounding Protection. B. Employees are restricted to the use of 120 volt power sources only. Under no circumstances will employees use, disconnect or handle any extension cords carrying heavier voltages. C. All power extension cords must be vendor supplied. D. No wiring, or repair to any electrical equipment will be gone except by a qualified electrician. E. Electric powered tools, when received, shall be checked for condition of tool, cord and plug -in daily. F. Any electric tool that becomes defective, or has had cord frayed or damaged, shall be immediately removed from service and returned to the foreman. G. No employee is to attempt repair or adjustments of any electric powered tool, cord or plug -in. H. Electric cords and welding cables will be hung whenever possible and be secured with plastic tie -wraps only. The use of metal ties (wire, cable, hooks, etc.) is prohibited. I. Electric cords and welding cables, when run out on work levels, shall be kept out of passageways, or across stair and rampways. Cord or cable crossing grating, chainfalls, wire rope, or similar metal objects, must be hung clear of contact, to avoid cable cutting or damage. J. Power cords or cables shall be kept out of water accumulations. 52 XV. RIGHT TO KNOW State of Florida requires all employers under the Right to Know Law to provide IOMI the following_ A. Training all employees who handle chemicals in the workplace in hazard recognition, first aid for exposure, safe handling practices, health effects and procedures for cleanup of leaks and spills. B. Material Safety Data Sheet (MSDS) must be obtained from the manufacturer and available for reference use. C. All employee rights and duties under this act must be posted in the workplace. D. Employees are required to adhere to all provisions under the law. E. When handling chemicals, required personal protective equipment must be utilized including but not limited to: gloves, boots, face protection, eye protection, and respiratory protection. F. Whenever employees are required to wear particular personal protection equipment because of possible contaminations with toxic materials, change rooms, emergency washing facilities, showers and disposal equipment will be available. G. Employees have the right to complain to the Florida Department of Labor and Employment Security about violations of the law, as well as the right to be free of discharge or discipline or any other form of employment discrimination as a result of exercising his or her rights under the Right to Know Law. 53 XVI. MOTOR VEHICLES A. Each operator is responsible for the safe operation of his vehicle. Driver should make a daily inspection of the following: steering, brakes, mirrors, lights, horn (backup alarm if provided), tires, and windshield wipers. Noted defects must be reported for prompt repair. B. Motor vehicles shall be fueled only at established locations and by approved methods. When a vehicle is being fueled, engines must be shut off. C. Preventive maintenance will be regularly scheduled for all vehicles to assure their safe operating condition. All project based vehicles must be in compliance with federal and state requirements. D. Trucks shall never be loaded beyond their rated capacities, or in a manner that will obscure the driver's vision. To prevent shifting or loss of material, all loads shall be securely fastened. 1. Gang forms shall be loaded only to a maximum of six(5) high, and load shall be secured with a minimum of two (2) hold down chain binders. 2. Round material loads, subject to rolling, such as rebar, pipe, conduct, etc., shall be chocked securely to prevent movement. E. Metal upright stakes shall be in position on sides of flatbed to prevent accidental movement. These stakes cannot be used on loads wider than the trailer. F. All vehicles when parked shall have two (2) wheel chocks properly placed at the rear wheels_ Wheel chocks should be placed to preclude rotation of wheels in the direction of an incline. Operators of vehicles and equipment shall shut down engine, place transmission in gear opposite to direction of grade and set hand brake before leaving vehicle to place chocks. G. When a trailer is spotted, chocks will be put in place at the rear wheels of the trailer prior to disconnecting the tractor €rom the trailer. H. All cars and pick -up trucks with automatic transmissions shall be left in the park position when unattended and parking brake shall be set prior to operator leaving the vehicle. I. Operator is responsible for safety of personnel riding in his vehicle: 1. Jumping on or off any vehicle is prohibited. 2. All passengers must be seated and completely inside of vehicle body or platform. standing is prohibited. 3. Non - essential personnel will keep clear of trailers during loading or unloading operations. 54 X'VII. SIGNS, SIGNALS AND BARRICADES A. Signs will be utilized whenever there is a need to warn the public or workers of possible hazards. B. Danger signs will be used where immediate hazards exist. C. All danger signs shall be colored red as specific in OSE7z 1926 -200. D. Caution signs are used to warn against potential hazards or unsafe practices. E. Caution signs are yellow as specified by OSHA 1926 -200. F. All construction areas shall be posted "No Trespassing." H. All construction road areas will be posted with legible traffic signs at the point of hazard. I. When required, signs shall be visible at all times when work is being performed. J. All signs shall be removed or covered when the hazard no longer exists. K. Accident prevention tags shall be used as a temporary means of warning employees of an existing hazard, such as defective tools or equipment. L. Barricades 1. All barricades shall comply with all rules, regulations and standards applicable. 2. Barricades for traffic control shall be in accordance with Florida Department of Transportation Traffic Control Manual. M. Standard Railings Specifications - a standard railing shall consist of a top rail, an intermediate rail, toe board and posts. 1. wood Rails - Posts 2" x 4 ", maximum spacing B'. Top rail 2" x 4" stock, intermediate rails I" x 6 ". Toe boards minimum. 4" vertical height_ 2. All railing must withstand a minimum of 200 pounds applied in any direction. 3. All standard railing shall have a vertical height of approximately 3 -;--2'. 4. Standard railings will be used in any area where there is a danger of employees or material falling through floor, roof or wall openings or from stairways, runways or work platforms. 5. Guard rails are also required on any open sided platform, scaffold, ramp, runway or work area 6' or more above adjacent floor or ground level. 6. Regardless of height, any area adjacent to dangerous equipment, operations or procedures shall be guarded. 7. Every flight of stairs having four or more rises shall be equipped with standard stair railings. 55 XVIII. MAINTENANCE OF WAY A. All work on or in areas where employees and operations are exposed to hazards from vehicular traffic shall utilize adequate barricading and signs as detailed in the Florida Department of Transportation manual on Uniform Traffic Control Devices. B. The main purpose of all barricading and signs is the protection of employees, equipment and the protection of pedestrian and vehicular traffic. C. All signs and barricades will be spaced to give adequate warning and easy transition for traffic. Such devices in place during hours from sundown to sunrise shall be properly lighted. D. If signs, signals and barricades do not provide the necessary measure of protection, then, in addition, flaggers shall be utilized. E. Flaggers shall be provided with high visibility reflective vests. F. Flaggers signals shall be uniform as specified by OSHA 1926 -201. G. All equipment utilized for flagging shall be in compliance with all standards and regulations (flags must be 18" square). 56 XIX. HEAVY EQUIPMENT A. General Reguirements 1. A11 equipment left unattended at night or adjacent to roadways or construction areas where work is in progress will have lighted barricades. 2. Safety tire rack cages will be utilized when inflating, mounting or dismounting tires installed on split rims or rims with locking rims or similar devices. 3. When equipment is parked or unattended motor will be turned off, parking brake set, chocks used on inclines and keys removed. 4. All cab glass shall be safety glass or equivalent. 5. No employee shall ride on any equipment except when that equipment is provided with passenger seats and seat belts. B. Earth Moving Equipment 1. This category of equipment includes scrapers, loaders, crawlers, tractor, bulldozers, off highway trucks, graders and similar equipment. a. seat belts shall be required on all equipment except for equipment designed for a stand up position or equipment designed without R.O.P.S. b. R.O.P.S. (Roll -Over Protection Structures) are required on all equipment and shall meet criteria detailed in 1926 -1001 through 1926 -1002. C. All bi- directional machines shall be equipped with a horn or an audible alarm to be operated whenever the equipment is in motion. d. In addition to R.O.P.S., equipment used in site clearing and roadwork will be equipped with an overhead and a rear canopy guard as detailed in OSHA 1926 -604. e. All scissor points which constitutes a hazard to the operator or employees shall be guarded. f. Personal protection equipment shall be utilized by the operators as necessary, including head protection (hard hats), eye protection, hearing protection and respiratory protection. g. Refueling of equipment will occur in designated areas only. These areas designated no smoking shall be well away from combustible materials and the motor on the equipment shall be shut off during these operations. h. All heavy equipment in use shall comply with all provisions outlined in standards and regulations including but not limited to OSHA 1926 -600 -601- 602- 604 -1000. i. All heavy equipment shall be inspected prior to use each shift. A record of that inspection shall be maintained. Any safety defect shall be repaired before the equipment is placed back into service. j. In all areas where heavy equipment is in use employees working on site will receive instructions regarding work near such equipment. 57 XX. MANE A. Equipment Superintendent Responsibility Crane inspections are required by OSHA and ANSI. A "competent person" r"e shall be responsible for the regular inspection of cranes, including all wire rope. A written record of these inspections must be maintained on the site. B. Operators Responsibility 1. Operators are responsible for the exercise of caution that is necessary for the safe operation of their equipment. Operators shall immediately report unsafe conditions, including defects in the machine to their supervisors. 2. Operators shall not permit anyone to ride the hook, concrete bucket, forms, re -steel bundle, etc. or any other load. B. When the operator leaves his machine, or repairs are being made, it is his responsibility to set the brakes, secure the boom and take the machine out of gear and turn off the engine. 4. When making a lift, the operator will take operational signals only from the man authorized to give them. an emergency stop signal, given by anyone will be acted upon by the operator. S. It is the joint responsibility of the craneman and the "hook -on" to see that all hitches are secure and that all loose material is removed before the loads are lifted. 6. Safety hooks, or properly "moused" hooks shall be used on all operations where loads are being handled. A11 suspended loads shall be controlled by tag lines of sufficient length to control the load. 7. Booms shall be equipped with a boom angle indicator and a device designed and constructed to prevent the boom from falling over backward. Boom heads, load blocks and hooks shall be painted with a high visibility color of paint. 8. Where necessary to increase stability, cranes, except crawler cranes and boom type excavators, shall be equipped with outriggers of a design and strength suitable for the work being performed. Outrigger lock pins shall be used at all times. 9. Operator is responsible to determine if ground conditions at erection area is suitable for his rig. 10. Operator is responsible to place his hook directly over the pick as directed by the tagman to avoid any drifting of the load. 11. Operator is responsible to keep unauthorized personnel off the crane. 12. Operator is responsible for the provision and erection of swing protection perimeter guarding or barricades. No crane operation shall be permitted within range of contact of any electrical lines. Supervision 'and Safety Department must be notified prior to any lifts made if within 10 feet of any electric conductor. 13_ The operator shall avoid swinging or suspending load over personnel. a. Tower and long boom cranes shall use power phone for signals. b. Tagging of cranes shall only be done by personnel trained and familiar with standard hand signals. C. No job personnel shall enter the swing protection barricaded area with the exception of rig operator or oiler. d. Personnel hooking up shall ensure that safety latch is secure and shall move clear of pick before life strain is taken. 58 XXI. HAND AND POWER TOOLS A. All tools shall be inspected prior to use to insure safe conditions. I. Defective equipment shall not be used. 2. Impact tools such as wedges and chisels shall not be used if the head is mushroomed. 3. Hand tools which are defective, cracked or splintered shall not be used. B. Power Activated Tools 1. Only employees trained in the safe use of power activated tools shall be permitted to use them. 2. No modification shall be made to power activated tools. 3. Proper backing materials shall be used prior to use. 4. All cartridges shall be disposed of after use by storage in metal containers. 5. Disposal of spent cartridges shall be by manufacturer's recommendations. C. Electrical Operated Tools 1. All electrical operated tools shall be of the approved double insulated type and shall be grounded as per OSHA 1926 -302 subpart K. 2. Electrical tools shall be inspected daily prior to use. Damage to the cords, plugs or operational switches will require removal of the tool from service until properly repaired. 3. Lock on buttons on hand held power tools are prohibited. 4. Tools shall not be hoisted or lowered by their cords. 5. Electrical tools cannot be used in areas where combustible and flammable materials are used. 6. Guards for power tools shall not be removed or locked in the open position. 7. Power cords will be removed from power supplies before bits, blades, tools or cutting edges are changed. D. Pneumatic Tools 1. All connections for pneumatic tools and hoses shall be pinned and clipped to prevent separation. 2. All nailer staplers and similar equipment with automatic feeds shall have a safety device on the nozzle to prevent operation unless the nozzle is in contact with the work surface. 3. Compressed air shall not be used for cleaning purposes. E. Fuel Powered Tools and Equipment 1. All fuel powered tools shall be stopped while being refueled, serviced or maintained. 2. All fuel operated saws including chain saws shall be provided with anti -kick devices. F. Abrasive Wheels and Tools 1. All abrasive and grinding equipment shall be guarded during operation. 2. Grinding wheels shall not be operated at speeds in excess of the manufacturer's rating. 59 XXII. TRENCHING AND BACKFILL A. Excavation or trench depths of more than 5 feet shall be provided with bracing or sheathing or the trench wall shall be cut back to the angle of 45° repose (1 to 1) . B. Material excavated shall be set back at least 2 feet from the edge of the trench. C. All trenches 4 feet deep or more shall have a ladder or steps for exit spaced no more than 25 feet apart. D. If cross -over bridges are used they shall be constructed of a minimum of 2 planks wide, cleated and be provided with a standard handrail. E. Open excavation, trenches, etc. shall be provided with suitable barricades, warning tapes, etc. F. Personnel shall stay clear of excavation equipment, buckets, etc. and from under loads handled by equipment or trucks, etc. Make sure the equipment operator can see you at all times when working around equipment. G. Hand shoveling strain must be avoided. Avoid twisting and make use of legs. H. Make sure wood handle tools are in good, splinter -free condition. I. Use gloves when handling rough materials. J. Power compactors must be pushed. Never turn around or pull toward you. K. When using compactors be alert against striking and hand crushing injuries against adjacent objects. L. Foot crushing exposure shall be minimized by use of safety shoes or toe guards. M. Air actuated tools shall have all hose connections wired together or safety chained. N. Engine driven compacting equipment shall not be refueled before engine is shut down and a short cool off period elapses. .1 XXIII. CONCRETE A. Pour Pre -Check Pre concrete placement check -out shall include construction safety related items: 1. Wall Pours - When possible, place staging on both sides of the wall with a safe means of crossing over from one side to the other. 2. Deck Pours - Safe walking and working area should be provided around the perimeter of the pour to eliminate walking on handrails, etc_ and to avoid stepping in concrete. 3. Fill Pours - If finish pour grade is at top of placed forms, protective handrails shall have been replaced to protect edge fall exposure. 9. Accessways - There shall be adequate ladders or ramps for free access of workers and passage of tools, etc. 5. Railings -- As in every operation, fall exposures shall be guarded by standard method of rails'or belt use. 6. Lighting - Concrete pours that are anticipated to continue into or be done in dark hours shall have pre - placed lighting that will eliminate, as much as possible, shadows and dark areas of truck discharge, belt and pump hoppers and placement sites. B. Set -uo 1. Generators - Vibrator generators should be set -up at least several feet back from the pour to avoid problems with exhaust fumes. All generators must be grounded prior to the start of the pour. 2. Fire Protection - A 20BC fire extinguisher shall be placed in the area of the gasoline driven vibrator generator. C. Personal Protection 1. Vibrator men or crews shall be kept out from under suspended concrete buckets or pump discharges. 2. On deep pours the use of planks, pontoons, etc. shall be provided for proper footing or placement crew. 3. Personnel directly handling the placement of concrete shall wear personal protective equipment as outlined in section "Personal Protective Equipment." a. 100% hard hat use, all areas. b. Pour area personnel shall wear face and eye protection, rubber suits, boots and gloves. C. Truck to chute and hooper men shall wear face and eye protection. d. Personnel at pump receiving hopper shall wear eye and ear protection. e. Pump operator shall wear ear protection. f. Powered concrete trowels, manually guided, must be equipped with automatic (dead man) shut off switch protection. g. Personnel handling curing compounds, liquids, curing oils, etc. chemical hazards shall wear eye, face and clothing protection. h. All concrete handling personnel shall be instructed on 61 10'►, the unavoidable chemical hazard involved. Cement causes chemical burn as a result of prolonged contact and proper washing of exposed skin should be done quickly. Proper personal hygiene and clean clothes daily are a requisite of concrete work. C.0' XXIV. LIGHTING A. Adequate lighting shall be provided in all work areas. B. Light bulbs shall be protected by enclosure guards. C_ Day shift supervision will ensure that lights are available and placed for up coming night shift work. D. Lighting shall be installed to eliminate, as much as possible, shadows or dark areas which affect both the safety and efficiency of workers. 63 XXV. CONFINED SPACES ENTRY A. The term "Confined Spaces" includes all underground vessels, such as tanks, manholes, catchbasins, vaults, pipes, etc. and above ground vessels such as AMEN.. tanks, concrete storage silos, hoppers, drums, etc. or any enclosure where air contamination can be present because of inadequate natural ventilation. B. The Superintendent (Safety Supervisor) will conduct instrument air sampling tests for oxygen concentration, combustible vapors and a toxicity check. C. Continuous ventilation will be provided for all confined space work. D. Hazardous operations conducted in confined spaces such as welding, cleaning, chemical use, etc. will require special safety procedures as outlined by the Superintendent. E. Continuous monitoring of atmospheric conditions in all confined spaces, (measurement of 02, LEL & Toxins), will be conducted during the work shift to insure air quality. ' F. In all cases where hazardous operations are conducted or when air quality levels are found to be unacceptable, specific safety procedures, rescue equipment and proper supervision and testing will be provided before any work is performed. G. In all confined space entry work adequate communication and supervision for the monitoring and protection of the workers will be provided. 64 XXVI. FORMING & REINFORCING STEEL ERECTION A. Shoring drawings shall be available and load capacity known. B. Richmond rod loops ties shall not be used for lifting panels or any other materials. C. Only approved hoisting hardware and equipment (wire rope, slings, chokers, shackles, eye bolts, etc.) shall be used for lifting. D. Prefabricated resteel walls shall only be lifted by U bolts fastened to both vertical and horizontal resteel at each pick point. E. Gang forms shall not be less than 45 degrees. F. All resteel walls or gang forms 16 feet in width or more shall only be lifted by lifting beam. G. Temporary support of form panels, or resteel walls shall be immediately provided. H. Support such as guy wires, braces, etc. shall not be leaned against the other, unless one has been properly guyed. I. Caution shall be exercised when handling large form panels on windy days. J. Two tag lines shall be used on all large form panels or resteel wall units. K. when working above exposed vertical rebar the steel shall have covers to prevent implement and workers shall be protected by safety nets, belts or guardrail. 65 XXVII. GUIDELINE FOR THE DISPOSAL of POWER ACTUATED TOOL (HILTI) CARTRIDGES A. Purpose This guidelines is for the purpose of establishing a system for the safe disposal of damaged or misfired powder actuated tool ( Hilti) cartridges. B. Scope This guideline is mandatory and covers the return of any Hilti Booster cartridges that are damaged or have failed to fire. C. Responsibilities 1. Crew Foremen: Will be responsible to see that any damaged or misfired Hilti cartridge are returned to the foreman. 2. Foreman: Will store returned cartridges until they are collected. 3. Warehouse Superintendent: Will collect and store returned cartridges until the manufacturer's ,representative removes them from the site. 4. Hilti Representative: Will collect and remove from the project the returned cartridges. 5. Craft Supervisor: Will monitor the foreman's discharge of their responsibilities under this guideline. D. Methods of Collection and Storage When the damaged or misfired cartridges are returned to the foreman they will be stored in a covered metal box. 66 tte PURPOSE: Holland Builders, Inc. STAFF GUIDELINES HAZARD COMMUNICATION POLICY Date: To comply with OSHA Hazard Communication Regulations, 29CFR 1926.59 2. To establish a set of guidelines for site specific Hazard Communication Training Programs for all Holland Builders Personnel and related trades To outline the responsibilities and duties of all departments both in the office and at the site RESPONSIBILITY: Office: To follow up after contract, getting the MSDS requirements to the owner or General Contractor for safe keeping at the jobsite, and have readily available upon request. Master copies to be filed at Holland Builder's Corporate office. Superintendant/Foreman: To collect and maintain a file set, of all MSDS applicable to the jobsite and have available for employee {s} review upon request To communicate hazardous training to all employees utilizing materials at the workplace To provide safety equipment such as respirators, eye protection, gloves, etc. continued 67 4860 Northeast 12th Avenue • Ft. Lauderdale, Florida 33334 * 954/771 -2210 • FAX 954/771 -3745 »� Holland Builders, Inc. Page 2 Hazard Communication Policy (con's) HAZARD NON - ROUTINE TASKS: Periodically, employees are required to perform hazard non - routine tasks. Prior to starting work on such projects, each affected employee will be given information by their supervisor about hazardous chemicals to which they may be exposed during such activity. This information will include, but not be limited to: a) Specific chemical hazards b) Protective /Safety measures that the employee will take to prevent exposures C) Measures the company has taken to lessen the hazard including ventilation, respirators, goggles, protective wear, presence of another employee and emergency procedures An example of non-routine tasks is confined in closed spaces, i.e., interior of buildings, storage tanks, etc... 68 4860 Northeast 12th Avenue • Ft. Lauderdale, Florida 33334 • 305/771 -2210 • FAX 305/771 -3745 its ate Holland Builders, Inc. HAZARD COMMUNICATION PROGRAM Under the current rule a written hazard communications program must be developed, implemented and maintained for each project or workplace. In the construction industry this program must be tailored for each individual jobsite. Provisions in that program must include, but not be limited to: • A copy of this program is to be made available to an employee(s) upon hiring, and a copy will be supplied to any employee(s) upon request • Manufacturers of chemicals must provide hazard information to the on site Contractors or Safety Directors • Training must be done by employer for their employees to educate them in the hazards they may be exposed to when using these chemicals. The minimum orientation and training for a new employee is as follows: • An overview of the requirements contained in the Hazard Communication Standard. • Chemicals present in their workplace operations and this office. • Location and availability of the written H.C.P. • Physical and health effects of the hazardous chemicals listed on the inventory list of this program. • Methods and observation techniques used to determine the presence or release of hazardous chemicals in the work area. • How to lessen or prevent exposure to these hazardous chemicals through usage of control/work practice and personal protective equipment. • Emergency procedures to follow if exposed to any chemical. • Location of MSDS file and location of hazardous inventory list. continued 69 4860 Northeast 12th Avenue • Ft. Lauderdale, Florida 33334 • 954/771 -2210 • FAX 954/771 -3745 111D Holland Builders, Inc. l Page 2 Hazard Communication Program Prior to a new chemical hazard being introduced into any section of the workplace, each employee will be given information and training as noted above. After attending the training class, each employee will sign a form to verify that they attended the training, that the written HCP was made available for review, and that he /she understands the HCP. Form 1 -Al. • A list of the Hazardous Chemicals known to be present using an identity that is referenced on the appropriate MSDS. The MSDS shall list: • The physical and chemical characteristics of the chemical including vapor pressure, flash paint, etc. • The fire, explosion and reactivity hazard(s) of the chemical mixture. • Health hazards of the chemical mixture including signs and symptoms of exposure and medical conditions recognize as aggravated by exposure. • the personal protective equipment to be used. • The emergency and First -Aid procedures. • Whether on carcinagen listing (NIP) or has been found to be a potential carcinagen (IARC listing) • The date prepared or changed. • The name, address, telephone number of manufacturer, importer or responsible party to call in an emergency, The originals will be kept on file by the General Contractors Director of Safety. The MSDS will also be part of the program for use by employees. continued 70 4860 Northeast 12th Avenue • Ft. Lauderdale, Florida 33334 • 954/771 -2210 • FAX 954/771 -3745 111D Holland Builders, Inc. Page 3 Hazard Communications Program (con't) • Proper labeling of all containers and secondary containers used on site. The Labels shall list: Chemical Name Hazard Warnings Name and Address of the Manufacturer, Importer or responsible party. No container(s) shall be used until they have been checked by the Sup erintendant/Foreman. If the chemical is to be transferred to a separate container, the Foreman or individual will ensure that the new container is properly labeled; i.e., that all secondary containers are labeled with an extra copy of the original and blocks for the hazard warning. 71 4860 Northeast 12th Avenue • Ft. Lauderdale, Florida 33334 + 954/771 -2210 9 FAX 954/771 -3745 its Holland Builders, Inc. PROJECT NAME: Product Code or MSDS Index ## HAZARDOUS CHEMICAL INVENTORY LIST Product Indenty Hazardous Chemical 72 Date Issued 4860 Northeast 12th Avenue • Ft. Lauderdale, Florida 33334 9 305/771 -2210 • FAX 305/771 -3745 EDUCATION AND TRAINING A. TRAINING PROGRAM Under the Hazard Communication Program, we have instituted an employee education and training program regarding the handling of hazardous chemicals in the workplace. All personnel who are exposed to chemical hazards in their jobs will be trained at the time of their initial assignment, and whenever circumstances in the work place change involving the addition of a new hazard, or new hazardous chemical. Additionally, all new employees will be trained upon employment so that they are adequately prepared to deal with the chemicals they will be using in their new jobs. The topics covered in the educational program will include, but not be limited to, all of the following subjects: The Hazard Communication Standard. * Employee Rights under the Standard. * The location and contents of our Hazard Communication Program and "Right -To -Know Compliance Manual ". * The areas Hazardous Substance List. * Physical and health hazards associated with the types of hazardous chemicals identified on the list. Methods and observations which can be used by employees to detect the presence of hazardous chemicals in the work area. * Recommended work practices which employees can use to protect themselves from exposure including the use of appropriate personal protective equipment. * How to read and interpret information contained on Material Safety Data Sheets. * How to read and interpret container labeling information. Emergency procedures and first aid required during an incident involving a hazardous chemical. * Review of the "Terminology" used in the Hazard Communication Program, including 73 that found on MSDS's. Our Education and Training presentations make use of several training techniques including, but not limited to, those listed below * Classroom type atmosphere with personal instruction. * Videotape programs. * Training manuals /employee handouts. * Employee review sessions. These activities are being conducted/overseen by our Hazard Communication Trainer, B. TRAINING SCHEDULING AND DOCUMENTATION To facilitate the training of all our employees, as well as document the training process, we have developed several tools for use in these areas. A tracking system has been created that will perform the following tasks: * List all employees needing "Right -To- Know" training. Indicate when this training has take place.. This system utilizes the forms on the following pages. 74 ll� Holland Builders, Inc. CERTIFICATION OF TRAINING I, , attended training on the Hazard Communication for employees of Holland Builders, Inc. Signed Printed Name Signature of Instructor Printed Name of Instructor Form 1 -A1 Date 75 4860 Northeast 12th Avenue • Ft. Lauderdale, Florida 33334 • 954/771 -2210 • FAX 954/771 -374,5 Holland Builders of South Florida, Inc. MATERIAL SAFETY DATA SHEET (MSDS) PROGRAM For our operation, the Purchasing Department has been given the responsibility of working with the Safety Officer and Safety Coordinator to maintain up -to -date MSDS records. All manufacturers, importers, or distributors that supply chemicals or products containing chemicals to our location have been contacted by the Purchasing Department in order to obtain Material Safety Data Sheets (MSDS's) for those chemicals. All of the MSDS's are kept on file in the "Right -To- Know" Compliance Manual. Review of the MSDS records will be conducted annually by An example of a typical letter sent to a manufacturer or supplier requesting copies of MSDS's is shown on the following page. 76 AMMON ,.O11`N STANDARD "MATERIAL SAFETY DATA SHEET" REQUEST LETTER [DATE] Material Safety Data Sheet Department DuPont Chemical Company 2131 West Orange Street Wilmington, DE 19801 Dear Sirs: We are currently purchasing • from you on a regular basis. To date we have not received a Material Safety Data Sheet (MSDS) on this product. Since "Right -To -Know" compliance is mandatory for our company, it is extremely important that we have a Material Safety Data Sheet for this product on file. Therefore, I would appreciate it if you would forward this Material Safety Data Sheet (MSDS) immediately to my attention at this address: Ki c/o If you have any questions regarding this request, please contact me here at (203) 379 -9901 immediately. Thank you for your assistance. Sincerely, Safety Coordinator 77 -- To inform contractors working on -site of the potential hazards present in our work areas, a letter announcing compliance with the Hazard Communication Standard, as well as the possible hazards in the workplace, will be given to all outside contractors. An example of a typical letter to outside contractors which we use is shown on the following page. In addition to giving this letter to the contractor, a copy will be kept in our files. Prior to conducting any on -site work the contractors will be given access to our Written Hazard Communication Program so that they may review it. They will also be given access to the Hazardous Substance List(s) and MSDS's for the areas in which they will be working. We will require that all contractors disclose all the hazardous materials they intend to bring into our work areas and provide Material Safety Data Sheets on those substances. our Safety Compliance Officer has been designated as our liaison with these contractors and will provide and obtain all the information discussed above. 78 MSDS Program: Employee Initial and Annual Training Program All employees will be provided this training when initially hired and on an annual basis. If a product you use is hazardous, the product label will tell you. So, always read the product label before beginning to work with the material. Each label will have two important pieces of information you should be familiar with: the identity of the hazardous substance and any hazard warnings. The label on the original container will also state the name and address of the manufacturer. The label should act as a visual reminder of the information we have presented in training sessions and of the information found in more detail on the MSDS. It is essential for your safety that you read the Hazard Warning and only use the Hazardous Substance(s) within the guidelines prescribed on the label. Questions concerning the label should be directed to your foreman. If any hazardous chemicals are used in your worksite, the foreman will obtain a Material Safety Data Sheet (MSDS) from the Manufacturer of the material. This MSDS will tell you the harmful effects and what you need to do to prevent experiencing these effects. -How to read an MSDS Manufacturers are required to develop an MSDS for each product that contains a harmful substance. The MSDS will be provided when the product is initially purchased. The MSDS is the primary means we will use to convey the necessary information about the hazards of the substances we use. The manufacturers and importers are responsible for providing us with the MSDS. The manufacturer must provide us with adequate information to use the substance safely. The MSDS is divided into 14 sections. It will tell you the chemical composition of the product; the safe exposure limits (as regulated by OSHA) for the harmful chemicals present; the symptoms of exposure; protective measures that should be taken when using the substance; and personal protective equipment that should be worn. Examine the MSDS to learn; ► Measures to protect employee from the hazards (i.e., work practices, engineering controls and the use of personal protective equipment); The physical and health hazards of the Hazardous Substance(s); Detection of release of the substance; emergency and first aid procedures. The MSDS should cover 14 major elements. If there is no relevant or applicable 79 information, it should be so stated on the MSDS. The mandatory items for inclusion are: reactions. Trade name (product identity same as used on the label). The flashpoint and solubility of the chemicals, as well as any dangerous chemical The physical hazards, such as fire, explosion, and dangerous chemical reactions. The specific acute (short term) and chronic (long term) illnesses and medical conditions that may be aggravated by exposure. The potential routes of entry of the hazardous chemical. ► The permissible exposure limits or the published OSHA Permissible Exposure Limit (PEL) and the American Conference of Governmental Industrial Hygienists (ACGIH) Threshold Limit Value (TLV) listings, and any other limit recommended by the manufacturer. ► If the hazardous substance is listed as a carcinogen by the National Toxicology Program (N'I'P), the International Agency for Research on Cancer (IARC), or the Occupational Safety and Health Administration (OSHA). The precautions necessary for safe handling and use and measures necessary to protect against the hazards. I. The known control measures, including engineering, work practices and personal protective equipment necessary to protect against the hazards. ► Emergency and spill clean -up procedures. ► First -aid procedures. ► The date of preparation of the MSDS or the date of last change in contents. P. The name, address, and phone number of the company responsible for preparing the MSDS. Note: Manufacturers are required to update the MSDS within three months of learning that new hazard data are available that affect the MSDS information. 80 MSDS Program: Access Letter To: ALL EMPLOYEES SUBJECT: Material Safety Data Sheets and your right to know If any hazardous materials are in use in your immediate work area, to which you may be exposed, you have the right under federal law to know about the hazardous material. To comply with that law, this company has established a Material Safety Data Sheet Program that protects your Right to Know. Material Safety Data Sheets are requested from every supplier of every chemical on -site. These MSDS sheets are kept in a file that is in the possession of the on -site foreman. At any time, you are allowed to review this file and study the MSDS information on any potentially harmful substance. If you or your doctor requests a copy, we will provide one at no charge. For more information, or to see the file, contact your foreman. Fob Sample "Tailgate" Topic Working safely with toxic substances Chemicals in the workplace are nothing more than tools that we use to make the job easier. Like any tool, they have to be used properly to do the job right. There are also some hazards in using these tools wrong. It is important to know how to use chemicals properly and what to do to keep them from causing health problems later on. Before using any chemical, check to see if there is a Material Safety Data Sheet (MSDS). The MSDS is supplied by the manufacturer and kept in a file at the jobsite. On the MSDS, the manufacturer will list the precautions that are needed to avoid problems with that particular chemical. If the MSDS says gloves are needed, then the chemical can either cause dermatitis or it can be absorbed through your skin and taken into your body where it can cause damage. If the MSDS says that adequate ventilation is needed, or that a respirator is needed, that means that the chemical releases a vapor that can be absorbed through your lungs. When it enters your lung, it can either cause damage there, or it can be transported through your bloodstream to another organ where it can cause problems. The MSDS should also tell you if there is a problem mixing this chemical with another. Sometimes, there are strong reactions when two commercial products are mixed, such as ammonia and chlorine, which can create a major problem for you. After reading the MSDS, read the label on the product. If it says to dilute it, do not use it full strength. Not only would you be subjecting yourself to greater exposure to the chemical than is necessary, but it may not do the job as well. While working with the chemical, monitor yourself for any symptoms of exposure that might be related to the chemical. If there are any problems, stop working immediately and get help. M CHEMICAL INVENTORIES FRO �7 MATERIAL SAFETY DATA SHEETS A. HAZARDOUS CHEMICAL LISTS A Hazardous Chemical List has been compiled for our operations from inspection/inventories conducted during the period of [DATE]. Additional inspection/inventories will be conducted periodically to assure the accuracy of this list. In general, we will rely on the Material Safety Data Sheet (MSDS) information provided by the manufacturer or supplier to determine if a specific chemical or product is to be included in the "Hazardous Chemical List." In situations where products are unique mixtures or where no data is available, the hazard determination procedure outlined in the "Hazard Determination" section of this plan will be used as a method of evaluation. The following classes of materials are, however, excluded from the hazard determination requirements contained with this program, as provided by OSHA, and, therefore have not been included on the Hazardous Chemical List: Any Federally regulated hazardous waste * Tobacco or Tobacco Products Wood and Wood Products * Articles * Food, drugs or cosmetics intended for personal consumption by employees while in the work place. The Hazardous Chemical List for our operations can be found on the following pages of this "Right - To -Know Compliance Manual ". Recognizing that a significant "employee right" under the Standard is to receive a copy of this list, , Safety coordinator, has been assigned the responsibility of making sure that all employees have "workplace access" to this list, copies of the Hazardous Chemical List are also kept at appropriate locations throughout our work areas, along with copies of MSDS "s for chemicals used in the surrounding work areas (see the MSDS Central File section of this manual for a listing of locations). 83 CHEMICAL Ink all colors (weber) Cleaner (Weber) Dykem Layout Red DX296 Dykem Layout Blue DX 100 Dykem Remover 138 Kool Mist #78 Brake Kleen 1618 Cool Tool H Wecco Mist Coolant #M16 Spray Penetrant 611 (Safety Kleen) Step off Stripper (Johnson Wax) Over and Under (Johnson Wax) Metalist Floor Finish (Ntn' I. Lab) EZ Top Strip R -IT (Banner) Duration Floor Seal Franklin Restorit Sight Savers (Bausch & Lamb) Windex Fantastic Cleaner Crystal Floor Finish (Banner) Wood Plus (Texize) Kem Suds (Chemical Specialties) Envior -Sep (Cell Corp.) Decoat (National 'Lab) Nor -San is tops (Banner) Ajax TSP (Savogran) Cong -R -Dust (Johnson Wax) Lea Abrasive Compound #LRB8 Lea Abrasive Compound #LRB 15 #3 ad- Lea- sive(Lea) 316 Learok (Lea) Jackson Buff Grease Stik Jackson Buff Liquid Buff Compound Jackson Bar Buffing Compound Jackson Buffing Wheel Jackson Buffing Wheel (treated) Avery 1050 MOS Mtting Wheel DEPT /AREA Extrusion Marking Area Extrusion Marking Area Tool Room Cabinet Tool Room Cabinet Tool Room Cabinet Maintenance Cabinet Custodial Supply Area/Rm Buffing Cabinet/ Ref ige. 84 Bel RAY 6226 Grease Safety Kleen Copper Sulfate Nitric Acid 5% Lead Acetate Solution(Macdermid) Hydrochloric Acid Propane Alum Sheet —Coil Stainless Sheet +Coil Mild Steel Sheet +Coil Brass Sheet+ Coil pin cut off machine Parts Washers(TR +Tnunph) Q.C. Cabinet Q.C. Cabinet Q.C. Cabinet Q.C. Cabinet Fork Trucks - stored outside Storage Racks Rerox Black Dry ink Purchasing+ Sales Dept B. MATERIAL SAFETY DATA SHEETS CENTRAL FILE Based on the Hazardous Chemical List compiled as a result of our inventory (described in the previous section), Material Safety Data Sheets (MSDS's) for the hazardous chemicals used in this area were requested from our suppliers as described in the "MSDS Acquisition" section of this plan. MSDS's have been received from over 90% of our suppliers as a result of this effort. A "central file' of these MSDS's has been set up in the Maintenance Department Office and the Purchasing Department. A procedure assuring that MSDS's are received for all hazardous chemicals used in our operations has also been created and can be found on the following pages. Copies of MSDS's for all the chemicals appearing on our Hazardous Chemical List can also be found in the following locations, the cafeteria and maintenance department office so as to have the MSDS's accessible to Associates in their place of work. We recognize that one of the important "employee rights" under the Standard is to obtain copies of MSDS's, upon request, for chemicals they work with. To be as responsive to this right as possible, has been given the responsibility of furnishing employees with copies of MSDS's that they request, within five working days of the date the MSDS's are requested. 85 MATERIAL SAFETY DATA SHEET RECORDKEEPING PROCEDURES We recognize that it is very important that we have a Material Safety Data Sheet for each potentially hazardous substance we use. That is one reason that we periodically compare the list of hazardous chemicals used in our operations with the materials that we actually use, and notify the foreman, , and of any adjustments that need to be made (see the section on "List of Hazardous Chemicals "). The procedure below is followed as part of our normal operations in order to make sure that we have Material Safety Data Sheets for all the materials that we use in our operations: For any shipment of a potentially hazardous substance that is received at our location, checks to see if a Material Safety Data Sheet was received with the shipment. * If there was an MSDS received with the shipment, Purchasing checks to see if we have an existing copy of an MSDS for that chemical on file. If we do have and MSDS already on file for the chemical, they will determine whether the MSDS received with the shipment should supersede the one that is on file, and take appropriate action. * If no MSDS was received with the shipment, Purchasing checks to see whether we have an existing MSDS for that chemical on file. If we do have an existing MSDS for the substance that is less than 12 months old, no further action is taken. If we do not have an MSDS for that substance or MSDS is greater than 12 months old, Purchasing requests that MSDS from the supplier of that chemical. Invoices will not be paid until an MSDS is received. We recognize that one of our employee's major "rights" under these regulations is to obtain copies of MSDS's for any substances to which they are exposed. When we receive a request from an employee for MSDS "s we use the form in the "Forms" section of this manual to document this request and provide copies of the needed MSDS's to the requesting employee. E:1�l n M GENERAL PURPOSE Holland Builders is committed to minimizing risk of injury to its employees and providing a safe workplace. The company has developed standard procedures for the control of hazardous energy. These procedures are known as Lockout /ragout. During the servicing and maintenance of machines and equipment, unexpected energization or start up could occur as a result of stored energy. Lockout/Tagout procedures are designed to minimize these risks and ensure that the machine or equipment are isolated from all potentially hazardous energy and locked out or tagged out before employees perform any servicing or maintenance activities where the unexpected energization, start up or release of stored energy could cause injury. Lockout is the preferred method of isolating machines or equipment from energy sources. When the energy isolating devices are not lockable, tagout may be used. LOCKOUT SWITCHES AND PLUGS In general, it will be the responsibility of to insure that all equipment is equipped with an approved means of power disconnect. One disconnect may service more than one machine. However, when this disconnect is locked out, all equipment connected to it must become de- energized. Any equipment that is energized or operated by steam, electricity, water, air, gas, or hydraulic pressure must be locked in a neutral position. A plug will be acceptable as a means of power disconnect provided the equipment is powered by I 10 or less. SPECIFIC REQUIREMENTS FOR POWER DISCONNECTS 1. Each machine must have a means of disconnecting it from its power source. It is recommended that the disconnect be installed on the machine it services. If it is not possible to install the disconnect on the machine, it must be in a location visible from the machine. In this situation, the disconnect must be marked to indicate the particular machine it services. 2. The disconnect switch or valve must have the capability of functionally locking -out the machine it services. A plug will not be considered an acceptable disconnect for machines serviced by voltages in excess of I lOv. 3►i 3. Because they are not readily accessible and cannot be locked, a buss plug will not be considered a power disconnect device. 4. A valve will be considered locked -out when it is tagged. When possible, it is recommended that the valve also be chained, locked, and tagged. THE LOCKOUT DEVICE The lockout device will consist of a Iock, shackle or chain, and tag. Any employee who is required to perform set -up, electrical or mechanical repairs, or general maintenance (such as, but not limited to, greasing and oiling), will be assigned one lockout device. A secondary supply of lockout devices will also be maintained in each department. All lockout devices will be supplied to the employee by the Supervisor. Padlocks issued to employees for the lockout procedure will be confined to that use. No other lock will be permitted. Locks for individual employees will be keyed separately, however, all locks will be mastered keyed by department. Department master keys will be issued to the appropriate department Supervisor. In addition to the department master key, all locks will also be grand mastered. The Grand Master will be issued to The first lockout device will be provided to the employee at no charge. It will then be that employee's responsibility to maintain the device. Should an employee quit, retire, transfer, be terminated or otherwise leave the employment of the the lockout device must be returned to the department Supervisor. Any lockout device that is lost or intentionally made nonfunctional will be replaced at the cost of the employee. POWER LOCKOUT PROCEDURE - GENERAL PROCEDURE The power source of any machine to be repaired, serviced or set up, shall be locked out by each employee or crew performing the work. The only exception to this being in those cases where it is absolutely necessary to Ieave the machinery energized for the purpose of set -up adjustment or troubleshooting. In addition to disconnecting the power source, it is also require that all residual pressures be relieved prior to performing the task. For the purpose of this procedure, the troubleshooting process will be considered ended when: 1. A particular problem has been located and repair starts. 2. Individual machine components are being replaced. 3. Circuit changes are being made. A lockout device may be removed only by the employee who installed the device or by the employee's Supervisor. No other Supervisor may instruct or order the removal of a lockout :: device without obtaining approval /authorization from the Supervisor of the employee that initially installed the lockout device. SPECIFIC INSTRUCTION 1. Before starting repair or maintenance work on a machine, the Supervisor of the department in which the machine is located must be contacted. Before beginning any work, review lockout /tagout procedures. 2. Alert the machine operator and /or set -up man. 3. Before starting work, disconnect the equipment from its power source by opening the disconnect switch or plug. In the case of equipment that is powered by air, gas, steam, or fluid power, all valves must be placed in a neutral position and all residual pressure relieved. Any machine components that may fall or be activated by gravity must be supported or blocked. Any secondary equipment that could create a hazard to an employee who has been assigned to work on a machine must also be locked out. 4. Attach the lockout device to the appropriate switch, valve, or plug. 5. After the machine has been locked out, the department Supervisor should activate the machine's operating controls to insure that the power source has been disconnected. When there is the possibility that excess electrical energy may be retained by a disconnected machine an electrician must check its circuits to insure that this energy has been bled off. 6. For the purpose of this procedure, a crew is considered to be two or more employees from the same department working on the same equipment. 7. When Iooking out a particular machine, one of the following conditions must be met to satisfy this procedure: a. Each employee who is working on the machine must place a lock on the lockout shackle. b. One employee may be designated as a crew leader and install one lock for his crew. It will be the crew leader's responsibility to ascertain that his crew is clear of the machine before removing the lock. C. The Supervisor of the department in which the machine is located, may place a lockout device on the disconnect. It will then be the Supervisor's responsibility to ascertain that all work has been completed and that all crews are clear of the machine before removing the lock. S. When work is completed, replace all guards and safety devices. Employee, crew leader, or department Supervisor should then remove the lockout device and restore power after alerting concerned personnel. 9. After checking to insure that the machine is functioning correctly, it may be released for production. 10. Unless otherwise instructed, each employee or crew leader must remove his lockout device upon completion of the assignment or before leaving the plant at the end of the shift. In the even it is not possible to complete the repair or maintenance assignment by the end of the shift, the employee's or crew leader's lockout device should be replaced by the lockout device from an employee or crew leader who will be continuing the work on the following shift. When it is expected that work on a machine will span one or more shifts, or when work is not to be continued until the following day, the Supervisor of the department performing the work may place a department lockout device and tag on the machine or the employee that will continue the work may leave his/her lockout device and a tag in placemonothe machine. Also the Supervisor must leave written instructions for the next shift Supervisor. These instructions should include the nature of the work being performed and its current status. 11. A shift Supervisor may remove any lockout device that has been left on a machine by an employee from his department who is known to have left the plant. It will be the Supervisor's responsibility to: a. Make every effort to contact the employee who applied for the lockout device. b. Insure that the machine is safe to operate, or C. See that a replacement lockout device is installed. 12. Any machine that is to be locked out for an extended period of time should: a. Have its wires disconnected, fuses removed, and be locked out, or b. Be sealed out and tagged by the department that applied the seal. A department that applies a seal is the only department that can remove it. .t RESTORING EQUIPMENT TO SERVICE I When job is completed and equipment is ready for testing or normal service, check the equipment area to see that no one is exposed. 2. Inspect the work area to ensure that nonessential items have been removed and to ensure that the machine or equipment components are operationally intact. 3. When equipment is all clear, all locks shall be removed and affected shall be notified that the locks have been removed. employees 4. The energy isolating devices may now be opened to restore energy gy to the NOTE: The lock shall only be removed by the same employee who put the lock on the energy isolating device. However when the authorized employee who applied the lock is not available to remove it, it may be removed under the direction of the supervisor, but only if it is first: I • verified by the supervisor that the authorized employee who applied the not at the facility. Pp lock is 2. all reasonable efforts to contact the authorized employee have been made in order to inform the employee who applied the lock that his/her Iock has been removed; and 3. made certain that the authorized employee has this knowledge before he/she resumes work. e TEMPORARY REMOVAL OF LOCKS In those situations where the lock must be temporarily removed from the ener gy is olating device and the machine or equipment energized to test or position the machine, e ui me component thereof, the following sequence of actions shall be followed: q p nt or I Clear the machine or equipment of tools and materials in accordance with art "Restoring Equipment to Service p 2. Remove employees from the machine or equipment area 3. Remove the lock 4. Energize and proceed with testing or positioning a 5. De- energize all systems and reapply energy control measures in the sequence set forth in part "A" (page 12), above in order continue the servicing and /or maintenance 6. The steps taken to re- energize the equipment are the same as those set forth above in part "B" (on page 13) above ( "Restoring Equipment to Service "). All the requirements of those steps must be observed. SHIFT CHANGES AND PERSONNEL CHANGES If the lockout continues beyond the end of the shift of the employee who is locked out, it will remain in the Iocked out position until the same employee returns to the job. TAGS Lockout is the preferred method to assure against injury. The use of tags in the de- energization process and in preventing unauthorized start -up of machines and equipment is therefore limited to: 1. Machinery and equipment with the energy isolating devices that are not capable of being locked out. 2. Special and temporary situations where use of a ragout system will provide full employee protection. The tags to be used in those situations will be provided by the company. Each tag must indicate the identity of the employee who applies it. The tags to be used have been determined by the company to be capable of withstanding the environment to which they are exposed for the maximum period of time that exposure is expected. Tags having reusable, non - locking, easily detachment means of attachment (such as string, cord, or adhesive) are not permitted. All tags to be used are non- reusable, self - locking, attachable by hand, non - releasable with a minimum unlocking strength of no less than 50 pounds, and have the general design and basic characteristics of being at least equivalent to a one - piece, all- environment - tolerant nylon cable tie. Each tag contains a warning against hazardous conditions if the machine or equipment should be energized. They contain words such as: DO NOT START DO NOT OPEN DO NOT CLOSE DO NOT ENERGIZE 92 DO NOT OPERATE Any person who knows of the use of any tag that does not satisfy must immediately report that fact to his supervisor. That supervisor shall take immediate steps to ensure that the tag in question satisfies the above or that a suitable replacement tag is provided. TAG -OUT PROCEDURE In those instances where machinery or equipment is tagged out rather than locked out, the lockout procedures listed above will be followed except that the tags described above will be used instead of locks. The following additional requirements will also be taken: 1. Tag -out will not be used unless it will provide a level of safety equivalent to that obtained by the lockout procedures. 2. Additional safety measures beyond those necessary for lockout must be taken- -such as the removal of an isolating circuit element, blocking of a controlling switch, opening of an extra disconnecting device, or the removal of a valve handle to reduce the likelihood of inadvertent energization. 3. The tag shall be affixed to each energy isolating device by an authorized employee. 4. The tag shall be affixed in such a manner as to clearly indicate that the operation or movement of energy isolating devices from the "safe" or "off" position is prohibited, 5. Where a tag is used on an energy isolating device that is capable of being locked, the tag attachment shall be fastened at the same point at which the lock would have been attached. However, where a tag cannot be affixed directly to the energy isolating device, the tag shall be located as close as safely possible to the device, in a position that will be immediately obvious to anyone attempting to operate the device. 6. No tag will be removed without the specific advance approval of the authorized employee responsible for it. 7. No tag will be bypassed, ignored or otherwise defeated. S. The tags must be securely attached to each energy isolating device so that they cannot be inadvertently or accidentally detached during use. 9. All employees must keep in mind at all times that tags are WARNING DEVICES that are put in place for their protection. They do not provide physical restraint like a lock does. 93 10. The words of warning on the tag must be observed by all employees at all times. 11. Instruction and training upon the use and limitation of tags is included in our training sessions. Additional training of authorized, affected and other employees is required when tagout programs are used. 12. Each foreman and supervisor with responsibility for an area or process where machinery or equipment is tagged out must pay close attention to all employees in the area to see that these rules are observed. He shall take immediate action to protect their safety whenever it becomes necessary and, when appropriate, shall immediately invoke the disciplinary procedures listed above. TRAINING The company has a training program for all employees who work with machinery or equipment subject to lockout /tagout requirements, including those employees who do not work directly on that machinery or equipment but whose work operations are or may be in the area. An employee must successfully complete the training program before he /she will be permitted to work in the area of, or perform any servicing or maintenance upon, any machinery or equipment that is subject to OSHA lockout /tagout requirements. The Training Program has been designed to educate our employees in their respective roles in the control of energy, the knowledge that they must possess to accomplish their tasks safely and to ensure the safety of fellow workers as related to the lockout /tagout procedures. 94 APPENDIX A EQUIPMENT, MACHINERY, OR PROCESS: TAGOUT PROCEDURE NO.: T/O DATE APPROVED /IMPLEMENTED: SPECIFIC TAGOUT PROCEDURE NOTE: Required for all equipment, machinery, and /or processes that fails to have lockout capabilities. I , The purpose of this specific procedure is to protect the life and limb of the employees of HOLLAND BUILDERS INC. NOTE: Failure to comply with these procedures will result in disciplinary action and may result in employee discharge. 2. TYPE(S) AND MAGNITUDE(S) OF ENERGY AND HAZARDS: 3 4 5 NAME (5) /JOB TITLES) OF EMPLOYEES AUTHORIZED TO LOCKOUT / TAGOUT: NAME (5) /JOB TITLE(S) OF AFFECTED EMPLOYEES AND HOW TO NOTIFY: NAMES) /JOB TITLE(S) OF OTHER EMPLOYEES: 95 6. TYPE(S) AND LOCATION OF ENERGY ISOLATING MEANS: 7. TYPE(S) OF STORED ENERGY - METHODS TO DISSIPATE OR RESTRAIN: 8. ADDITIONAL METHOD(S) SELECTED TO ENSURE THAT TAGS PROVIDE ADEQUATE LEVEL OF SAFETY (I. E., REMOVAL OF AN ISOLATING CIRCUIT ELEMENT, BLOCKING OF A CONTROLLING SWITCH, OPENING OF AN EXTRA DISCONNECTING DEVICE OR THE REMOVAL OF A VALVE HANDLE TO REDUCE THE LIKELIHOOD OF INADVERTENT ENERGIZATION) 9. TYPE(S) OF EQUIPMENT CHECKED TO ENSURE DISCONNECTIONS: 10. NAME (5) /JOB TITLES) OF EMPLOYEES AUTHORIZED FOR GROUP TAGOUT: 96 iI. SPECIAL PRECAUTIONS NOT NOTED ABOVE (I.E., FIRE HAZARDS, CHEMICAL REACTIONS, REQUIRED COOL DOWN PERIODS, ETC.): 97 CJ:�III- APPENDIX B LOCKOUTITAGOUT PROCEDUREICHECKLIST ENERGY SOURCE DETERMINATION CONDUCTED BY: In order to determine all energy sources for each piece of equipment, all questions must be answered. If the question does not apply, write NIA in the blank. Circle "yes" or "no" or fill in the blank. Location: Line: Equipment Name: Serial No. Work Center: Equipment No. Model: Lockout /ragout Procedure No. Assigned: 1. Does this equipment have: a. Electrical power (including battery)? YES /NO If yes, Motor Control Center (MCC) or power panel and breaker number Does it have a lockout device? YES /NO Battery Location: Battery disconnect Iocation: b. Mechanical power? YES /NO Mark each type of energy source that applies: 1. Engine driven YES /NO If yes, switch or key location Is lockout device installed? YES /NO If no, method of preventing operation 98 2. Spring loaded? YES /NO If yes, is there a method of preventing spring activation? YES /NO If no, how can spring tension be safely released or secured? If no, location of closest manual shutoff valve Does manual shutoff valve have lockout device? YES /NO If no, what is needed to lock valve closed? Is there a bleed or drain valve to reduce pressure to zero? YES /NO If no, what will be required to bleed off pressure? e. Chemical system? YES /NO If yes, location of main control /shutoff valve Can control /shutoff valve be locked in off /closed position? YES /NO If no, location of closest manual shutoff valve Does manual shutoff valve have lockout device? YES /NO If no, what is needed to lock valve closed? Is there a bleed or drain valve to safely reduce system pressure and drain system of chemicals? YES /NO If no, how can system be drained or neutralized? What personal protective clothing or equipment is needed for this equipment? f. Thermal energy? YES /NO 99 If yes, location of main control /shutoff valve Can control /shutoff valve be locked in "off" or closed position? YES /NO If no, location of closest manual shutoff valve Does manual shutoff valve have lockout device? YES /NO 100 APPENDIX C • • • • Ml ! Objectives of the Training 1. Introduce the employee to the Power Lockout Procedure 2. Explain the need for a Power Lockout Procedure 3. Explain how the Power Lockout Procedure will effect the employee job at 4. Explain where, when and how the employee will use the Power Lockout Procedure to protect themselves from a potentially serious accident of injury. First thing show the VHS presentation on Power Lockout /Tag Out - Emphasize the three main reasons why we have a Power Lockout/Tagout Program. This isn't the main reason. 1. Required by State and Federal law that all employees engaged in set -up, mechanical and /or electrical repair or equipment modification must be trained in Power Lockout. This isn't the main reason. 2 This is the main reason. 3 Cost to the company: an injured employee, that was injured as a result of failure to follow Power Lockout will cost the Company money due to: -Loss in production - Possible damage to equipment - Hospital costs - Workers Compensation -etc. An effective Power Lockout procedure saves lives and prevents serious injuries, i.e.: 101 - amputations - electrocutions - crushing -etc. Since has the responsibility for ensuring the Power Lockout procedure is followed, any employee that fails to follow this procedure will receive disciplinary action: 1st time Verbal Warning 2nd time Written Warning 3rd time 3 days off 4th time Termination What is a Power Lockout Procedure At we think of the Power Lockout Procedure as a philosophy or a way of life, rather than a law or a rule. A law or rule can be broken and gotten away with (i.e. 55 mile per hour speed limit) but, if we think of the Power Lockout Procedure as a way of life, you will find out that it can be lived with and it is necessary to protect you and your fellow employees. Definition of Power Lockout as used in this procedure. Power Lockout means that may piece of equipment that is to be repaired, serviced or set -up shall be totally de- energized prior to being worked on. Totally De- energized includes all energy sources, including: - electricity - hydraulic power -air pressure - stored energy - gravity -etc. - There are times when Power Lockout Procedure can't be followed because the power is necessary to perform a specific task. This is called troubleshooting. The troubleshooting process is considered ended when: 1. A particular problem has been found and repairs start. 2. Individual machine components are being replaced. 3. Circuit changes are being made. Other exceptions might be made on specific machinery. Your Foreman will let you know about this. When in doubt, ask your Foreman. How to Lockout a Piece of Machinery. 1. Special emergency stop device 2. Power disconnect switch 102 3. Special instruction from Foreman Power Lockout Device each employee will be assigned a: 1. Lock 2. Shackle 3. Lockout name tag all devices must remain in the plant and not taken home. each employee is responsible for their Power Lockout Device and must replace it if lost. all locks keyed separately all locks numbered - all shackles numbered END OF WORK SHIFT Should a person be partially completed with a set -up procedure and it is the end of their shift, rather than removing their lockout device and leaving a unsafe machine for others, they leave their lockout device on that machine. When the next shift individual wants to finish the partially completed set -up, they get a Foreman to remove the other person's lockout device on that piece of machinery. - Once the Foreman removes the lockout device from the machinery they assume responsibility for that lockout device. They then take the lockout device to the Tool /crib and it stays there until the appropriate person picks it up the next day. This is the reason why all lockout devices must have the lockout name tag on all devices. - The next day the employee that left their Lockout Device on the machinery can pick up their Lockout Device at the Maintenance Office. Areas that are Covered by the Power LQgkout Procedure Automatic Hinge Department Long Hinge Department Butt Department Modification Department Brakes Trumph 103 s--a like Holland Builders, Inc. HURRICANE PREPAREDNESS PLAN 1) INFORM ALL EMPLOYEES OF HURRICANE WARNING. 2) INSTRUCT ALL EMPLOYEES OF HOLLAND BUILDERS TO REMOVE ALL MATERIALS FROM JOBSITE AND RETURN TO OUR WAREHOUSE. 3) ALL EMPLOYEES ARE TO VACATE PREMISES AS QUICKLY AND EFFICIENTLY AS POSSIBLE. 104 4860 Northeast 12th Avenue « Ft. Lauderdale, Florida 33334 • 9541771 -2210 • PAX 954/771 -3745