SUBCONTRACTOR AGREEMENT

ENTERED as of the Effective Date set forth in the applicable Statement of Work by and between StructureCare® LLC (“StructureCare”), with a place of business at 1850 William Penn Way Lancaster, PA 17608 and Subcontractor.  StructureCare and Subcontractor are sometimes hereafter individually referred to as “party” and collectively as “parties”.

  1. Appointment. StructureCare hereby appoints Subcontractor and Subcontractor agrees to serve as StructureCare’s nonexclusive subcontractor in fulfillment of the provision of services as identified in the attached Statement of Work (“SOW”).This Agreement  shall commence on the date set forth therein and continue until terminated as set forth herein or the conclusion of the SOW.  The Subcontract Agreement and the SOW (collectively, this "Agreement") comprise the entire agreement between the parties, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and communications, both written and oral.  Subcontractor shall provide the services to StructureCare as described in the SOW (the "Services").  Time is of the essence.  Subcontractor shall use all efforts to meet performance dates specified in the SOW.
  2. Delays. If Subcontractor's performance of its obligations under this Agreement is delayed by force majeure or material omission of StructureCare, Subcontractor shall be entitled to a schedule extension on a day for day basis, but Subcontractor shall not be entitled to any financial compensation.
  3. Change Orders. If either party wishes to change the scope or performance of the Services, it shall submit details of the requested change to the other party in writing. Subcontractor shall, within seventy-two (72) hours of receipt of such change from StructureCare, provide a written estimate of: (i) the time required to implement the change; (ii) any necessary variations to the fees and other charges for the Services arising from the change; (iii) the effect of the change on the Services; and (iv) any other impact the change might have on the performance of this Agreement.  Promptly after receipt of the written estimate, the parties shall negotiate and, if agreed, execute a writing defining the terms of such change (a "Change Order"). Neither party shall be bound by any Change Order unless mutually agreed upon in writing in accordance with Section 3.
  4. Payment Terms. In consideration of the provision of the Services by Subcontractor, StructureCare shall pay the fees set forth in the SOW.  Subcontractor shall issue invoices, including any supporting documentation as may be reasonably required, to StructureCare and StructureCare shall pay approved invoices within forty-five (45) days of receipt, unless set forth otherwise in the SOW. All payments hereunder may be made by ACH transfer. Unless applicable laws or the SOW speciies a different amount, StructureCare may, in its sole discretion, withhold ten percent (10%) of the amount approved by StructureCare for payment on each Application for Payment as retainage.  With each Application for Payment, Subcontractor shall provide, as applicable, a Conditional Lien Waiver or an Unconditional Lien Waiver (“Waiver”) in the forms attached hereto.  Failure to provide such Waiver may result in StructureCare withholding payment until such Waiver is received.
  5. Intellectual Property. All intellectual property rights, including copyrights, patents and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how and other confidential information, together with all of the goodwill associated therewith, derivative works and all other rights (collectively, "Intellectual Property Rights") in and to all documents, work product and other materials that are delivered to Subcontractor under this Agreement (collectively, the "Deliverables") shall be owned by StructureCare.
  6. Proprietary Information. All non-public, confidential or proprietary information of StructureCare, including, but not limited to, customer and prospect lists, trade secrets, technology, information pertaining to business operations and strategies, and information pertaining to customers, pricing, and marketing (collectively, "Proprietary Information"), disclosed by StructureCare to Subcontractor, whether disclosed orally or disclosed or accessed in written, electronic or other form or media, and whether or not marked, designated or otherwise identified as such in connection with the Agreement is confidential, and shall not be disclosed or copied by Subcontractor without the prior written consent of StructureCare. Proprietary Information does not include information that is: in the public domain; or is known to Subcontractor at the time of disclosure; or rightfully obtained by Subcontractor on a non-confidential basis from a third party. Subcontractor agrees to use the Proprietary Information only to provide the Services.  StructureCare shall be entitled to injunctive relief for any violation of this Section.

    Subcontractor recognizes that unauthorized release of Proprietary Information could detrimentally affect the competitive situation and business prospects of StructureCare, causing significant damages.  Subcontractor agrees that during the term of this Agreement and for a period of three (3) years following the expiration or termination of this Agreement, Subcontractor shall not disclose such Proprietary Information to any third party nor use such Proprietary Information for any purpose other than related to this Agreement.  Subcontractor shall protect the information with the same degree of care as it applies to protect its own proprietary information which degree shall be no less than a reasonable standard of care in light of the nature of the Proprietary Information
  1. Representation and Warranty. Subcontractor represents and warrants that it shall perform the Services using personnel of required skill, experience and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services and shall devote adequate resources to meet its obligations hereunder.  In the event of a failure to provide Services, or the provision of defective Services, StructureCare may, in its sole discretion, require strict re-performance of the Services by Subcontractor at the sole cost of Subcontractor, repair or cause such Services (or the defective part) to be performed by others and back charge Subcontractor for all resulting costs and expenses.
  2. Termination for Default. If Subcontractor shall fail to proceed diligently with its work or to perform or complete it in accordance with the Agreement, StructureCare, after twenty-four (24) hours notice to Subcontractor and on Subcontractor's failure within that time to remedy the cause for which notice was sent, shall have the right to take over the work of the Agreement, and also may use without charge or liability any materials, tools, equipment and appliances belonging to Subcontractor on the premises which in StructureCare's opinion are essential to the prompt completion of Subcontractor's work and may itself furnish any other or additional materials, tools, equipment, appliances, services or other items necessary to complete the work under this Agreement or may employ others to complete the work and charge the cost thereof to Subcontractor plus a ten percent (10%) administrative fee.  When the work hereunder shall, following such termination, be wholly finished, and if the unpaid balance of the amount to be paid hereunder exceed the expense incurred by StructureCare in finishing the work, such excess shall be paid by StructureCare to Subcontractor, but if such expense shall exceed such unpaid balance, Subcontractor shall pay the difference to StructureCar.
  3. Right of Set-off. If at any time StructureCare should determine that StructureCare might become liable for any claim or subject to any lien that is chargeable to or through Subcontractor, upon ten (10) days written notice to Subcontractor, StructureCare may retain out of any payment then due Subcontractor under this Agreement, or any such payment thereafter to become due, an amount sufficient to indemnify StructureCare completely against such liens, judgments and/or claims, including, without limitation, all of StructureCare’s costs, including, but not limited to, reasonable attorneys’ fees, associated therewith.  StructureCare may retain the amount withheld until Subcontractor delivers to StructureCare a complete release of the claims and liens satisfactory to StructureCare in its sole discretion.  Further, StructureCare may at any time require that Subcontractor post a bond, at no cost to StructureCare, to remove any liens, judgments and/or claims.  StructureCare may discharge, settle, or remove any liens, judgments and/or claims by bonding, payment or otherwise, all of which, together with all reasonable attorneys’ fees and costs, are chargeable to Subcontractor.  StructureCare may set off any amounts so paid or incurred to discharge, settle, or remove any such liens, judgments, and/or claims against any payment then or thereafter due to Subcontractor plus a ten percent (10%) administrative fee.
  4. Termination for Convenience. StructureCare may at any time for its convenience and without cause, terminate this Agreement and SOW upon five (5) days written notice to Subcontractor.  Subcontractor shall be paid for all Services approved and provided through the date of such termination.
  5. Indemnity.

    A. Notwithstanding and in addition to the requirements for insurance to be maintained by Subcontractor hereunder and compliance with law as set forth hereunder, Subcontractor agrees to conduct and carry out its work in such manner as to avoid injury or damage to persons (including its own employees, the employees of others, and third persons) or property (including its own work). Subcontractor shall also be strictly and solely responsible and liable for all damage or injury (including death) of every kind and description, to any persons (including employees, employees of others, and all third persons) or property caused by, resulting from, or arising out of (in whole or in part, directly, indirectly, or contributorily) its failure to perform its work in a manner that avoids injury or damage to persons or property, or by its negligence, actions, or omissions, or by negligence, actions, or omissions of its employees, agents, subcontractors, and materialmen. 

    B. Subcontractor shall indemnify, defend, and hold High Concrete Group LLC dba StructureCare and other indemnitees as may be set forth in the insurance requirements or a SOW harmless from and against any and all claims, loss, expense (including without limitation reasonable attorneys' fees and litigation costs), liability, damage, or injury that it may suffer, or with which it may be threatened, as a result of any claim, cause of action, allegation, or assertion brought or made by any person (including without limitation Subcontractor's employees and all third persons) or entity, whether at law, in equity, under statute in connection with the injury or death of any person, the damage to any property, or the harm suffered by any entity for which Subcontractor is liable and responsible under the terms hereof. Furthermore, Subcontractor shall assume and diligently prosecute the defense of such claim, cause of action, allegation, or assertion brought against StructureCare or other indemnitees, at law, in equity, or under statute, with respect to which the Subcontractor hereby expressly consents to be joined in any cause of action, arbitration, statutory or regulatory proceeding in which StructureCare or other indemnitees are a party and under which Subcontractor may have an indemnification obligation to StructureCare or other indemnitees,  notwithstanding any immunity to suit or limitation of action that Subcontractor may enjoy, which immunity is hereby specifically waived.
  1. Insurance. During the term of this Agreement, Subcontractor shall, at its own expense, maintain and carry insurance in accordance with Attachment 2. Subcontractor shall provide StructureCare with a certificate of insurance from Subcontractor's insurer evidencing the insurance coverage specified in Attachment 2. The certificate of insurance shall name StructureCare® LLC as an additional insured. Except where prohibited by law, Subcontractor shall require its insurer to waive all rights of subrogation against StructureCare LLC's insurers and StructureCare LLC.
  2. Waiver. No waiver by StructureCare of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by StructureCare. No failure to exercise, or delay in exercising, any rights or remedy arising from this Agreement operates or may be construed as a waiver thereof. No single or partial exercise of any right or remedy hereunder precludes any other or further exercise thereof of any other right or remedy.
  3. Force Majeure. Neither party shall be liable to the other, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of such party. If the event in question continues for a continuous period in excess of thirty (30) days, StructureCare may terminate this Agreement.
  4. Assignment. Subcontractor shall not assign any of its rights or delegate any of its obligations under this Agreement without the prior written consent of StructureCare. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves Subcontractor of any of its obligations under this Agreement.
  5. Materials; Liens. Subcontractor agrees to pay for all materials and labor used in the performance of this Agreement when and as bills or claims therefor become due and to save harmless and indemnify and protect the premises and StructureCare from and against any such claims.  StructureCare may retain moneys as reasonable reserves for such indemnification.  Subcontractor agrees that it will look only to StructureCare and shall not at any time file any lien or notice of claim to a lien or claim of any kind or nature whatsoever for work performed or for any other reason and Subcontractor hereby expressly waives and relinquishes the right to lien or claim of lien as may be permitted by any provision of law.
  6. Labor. All work performed hereunder shall be done in cooperation with all other contractors and employees at the jobsite to the end that work will not be interrupted or impeded by work stoppages or other labor disputes.  Subcontractor shall employ only such labor as to StructureCare's satisfaction will work in harmony with other contractors, employees or trades upon the job and shall not use materials or employ labor or means which may cause work stoppages or other labor disputes by any persons employed in or about the job.  Subcontractor shall further comply with all applicable labor laws and all laws and ordinances and regulations applicable to the work hereunder as are now or may hereafter be in effect.
  7. Relationship of the Parties. No Third-party Beneficiaries. The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.  This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever hereunder.
  8. EEO; Non-Discrimination; Veteran Status. This Agreement, as applicable, if the end Owner is the Federal Government or an agency thereof, to Executive Order 11246 of September 24, 1965, as amended and FHWA Orders F-2(1) and F-2(2) and Subcontractor, unless exempt from the provisions of said orders, agrees to be bound by the following provisions:

    Subcontractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, physical or mental disability, or because they are a disabled veteran or a veteran of the Vietnam War.  Subcontractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, physical or mental disabilities or their veteran status. Such action shall include, but not be limited to the following: Employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff, or termination; rates of pay or other forms of compensation, and selection for training, including apprenticeship.  Subcontractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the agency contracting officer setting forth the provisions of this nondiscrimination clause.


    Subcontractor will, in all solicitations or advertisements for employees placed by or on behalf of Subcontractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, physical or mental disabilities or veteran status.  The Subcontractor further agrees to list all employment openings, for which candidates outside the organization will be considered and which exist at the time of the execution of this contract, and those which occur during the performance of this contract, at an appropriate local office of the State employment service system wherein the opening occurs.  The Subcontractor further agrees to provide such reports to such local office as may be required, including, but not limited to: periodic reports to be filed quarterly which indicate for each hiring location: (1) the number of individuals hired during the reporting period, (2) the number of nondisabled veterans of the Vietnam era hired, (3) the number of disabled veterans of the Vietnam era hired, and (4) the total number of disabled veterans hired.

    Subcontractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of Subcontractor's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.


    Subcontractor will comply with all provisions of Executive order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor.  Subcontractor will adhere to all requirements imposed by 41 CFR 60-50 (Religion/National Origin); 41 CFR 60-250.4 (Disabled Veterans and Veterans of the Vietnam Era); and 40 CFR-741.5 (Workers with Disabilities).

    Subcontractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.

    In the event of Subcontractor's non-compliance with the nondiscrimination clauses of this order or with any of such rules, regulations or orders, this order may be cancelled, terminated or suspended in whole or in part and Subcontractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

    Subcontractor will include the provisions of this Section 19 hereof in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor.  Subcontractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for non-compliance: Provided, however, that in the event Subcontractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, Subcontractor may request the United States to enter into such litigation in order to protect the interests of the United States.
  1. Compliance with Law. Subcontractor warrants and represents that it is familiar with and in compliance with all laws, regulations and rulings of federal, state, county and municipal government bodies applicable to the Subcontractor’s work and services.  Subcontractor specifically warrants and represents that it is in compliance with the Occupational Safety and Health Act and all rules and regulations promulgated thereunder, as well as all applicable laws and regulations relating to workers’ compensation, the payment of wages and discrimination in employment. Subcontractor acknowledges that it possesses exclusive control of and is solely responsible for supervising its employees.  To this end, Subcontractor is required to designate an individual at the site in the employ of Subcontractor who shall act as Subcontractor’s designated safety representative with a duty to ensure compliance with OSHA standards, to prevent accidents and to eliminate hazards at the site.

    Subcontractor shall give all required notices and will maintain such records required for compliance with any and all laws, regulations and rulings governing the Subcontractor work and will cooperate with StructureCare in their own efforts to comply with same.  Subcontractor shall comply with the reasonable recommendations of insurance companies having an interest in the project, and shall stop any part of the Subcontract work or services which, in the StructureCare’s judgment, is deemed to create a safety hazard until corrective measures satisfactory to the StructureCare have been taken.  StructureCare’s failure to stop the Subcontractor’s unsafe practices shall not relieve the Subcontractor of its responsibility for such practices.  Subcontractor shall indemnify and hold StructureCare harmless, to extent permitted by law, from any damages, fines or penalties which may be assessed against them or either of them by reason of Subcontractor’s (or its employees, agents or subcontractors) failure to comply with any law, regulations, standards or rulings related thereto, including but not limited to failure to comply with OSHA standards and regulations.
  1. Governing Law; Jurisdiction. All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania without giving effect to any choice or conflict of law provision.  Any suit, action or proceeding arising out of or relating to this Agreement shall be instituted in the  courts of the Commonwealth of Pennsylvania located in the City of Lancaster and County of Lancaster, Pennsylvania, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.
  2. Notices. All notices, requests, consents, claims, demands, waivers and other communications hereunder (each, a "Notice") shall be in writing and addressed to the parties at the addresses set forth in the Statement of Work or to such other address that may be designated by the receiving party in writing. All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in this Agreement, a Notice is effective only (a) upon receipt of the receiving party, and (b) if the party giving the Notice has complied with the requirements of this Section.
  3. Severability. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
  4. Survival. Certain terms of this Agreement, which by their nature should apply beyond the Initial Term or any Renewal Term, will remain in force after any termination or expiration of this Agreement including, but not limited to, the following provisions: Compliance with Laws, Confidentiality, Governing Law, Submission to Jurisdiction and Survival.
  5. Amendment and Modification. This Agreement may only be amended or modified in a writing which specifically states that it amends this Agreement and is signed by an authorized representative of each party.

 

IN WITNESS WHEREOF, the parties hereto, intending to be legally bound, have caused this Agreement to be executed by their duly authorized representatives and accepted in whole by execution of the applicable Statement of Work.

 

SUBCONTRACTOR SAFETY REQUIREMENTS

Your signature to the applicable Statement of Work acknowledges your receipt of the Subcontractor Safety Requirements, acceptance of the Requirements as written, and your intent to follow the Requirements during your participation with StructureCare for the duration of the executed Master Subcontract Agreement.

The following are the requirements for subcontractors working on StructureCare (SC) projects. These requirements are the minimum expectations for subcontractor safety performance. Subcontractors are responsible for complying with all federal, state, and local regulations. Subcontractors working on site must immediately report any incident which occurs while working on SC operated premises or project worksite. Incidents include personal injury (no matter how minor), property damage, near miss, fire, explosion or environmental release of any type.

  1. Competent Person. Every subcontractor shall designate one “competent person” as defined by the Occupational Safety and Health Administration, 29 CFR 1926 Subpart C – General Safety and Health Provisions. One competent person is required to be on site at all times for every subcontractor.
    1.1 Competent Person – one who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them.
  1. Hazard Communication.
    2.1 Safety Data Sheets for all hazardous materials used on the project are to be maintained on site by the subcontractor. Safety Data Sheets should be readily available at all times to on site personnel and employees.

    2.2 All containers of hazardous materials are to be clearly labeled with the name of the material and its hazards (health, flammability, and radioactivity). MSDS labels are preferred.
    2.3 The SC Project Manager (PM) must be notified anytime a hazardous material is to be used on site which may affect SC employees or other subcontractors. Notification must include the nature of the hazards, location of the operation involving hazardous materials and measures employees need to take to protect themselves.
    2.4 All containers of hazardous materials are to be kept in their proper storage location, when not in use.
  1. First-Aid and Medical Services.
    3.1 Subcontractors are responsible for providing first-aid services and provisions for medical care for their own employees.

    3.2 Provide immediate notification to the SC PM and or site rep. In the event of any job site injuries requiring medical treatment and a copy of an accident investigation report within 24 hours.
    3.3 Subcontractors are responsible for maintaining the following information:
          3.3.1 Emergency Information – includes emergency phone numbers, site address, and hospital address for the job site.
         3.3.2 Emergency Action Plan - includes information on fire and tornado emergencies procedures for the job site.
         3.3.3 Hospital Route Map – includes a map and directions from the jobsite to the closest emergency medical services facility.
  1. Fire Prevention. Subcontractors are responsible for providing their own fire protection and suppression equipment.
    4.1 All fuel storage containers shall be metal and have a spring-closing lid and spout cover. No plastic fuel storage containers are permitted.
    4.2 No more than 25 gallons of flammable or combustible liquids shall be stored outside of an approved storage cabinet.
    4.3 Storage of LPG within a building is prohibited.
  1. Subcontractors are responsible for keeping their work areas free from debris, scrap and excess materials. Work areas, passageways, stairs and other areas of SC project job sites must be kept clear of scrap and debris at all times. Clean-up performed by SC will be back charged to the subcontractor.
  2. Personal Protective Equipment (PPE). Subcontractors are responsible for requiring the wearing of all appropriate PPE as required by site conditions or operations, or as required by SC. The following PPE is required for all subcontractor employees on SC projects.
    6.1 Hardhats meeting the specifications of ANSI Z89 are required at all times for all employees, regardless of craft, job site activity, or location on project. Equipment operators with overhead protection need not wear hardhats while in the piece of equipment.
    6.2 Employees shall be provided with eye and face protection when machines or operations present potential eye or face injury from physical, chemical, or radiation hazards. Eye and face protective equipment must meet the specifications of ANSI Z87.1. Eye and face protection must be readily available for employee use at all times.
    6.3 Leather over-the-ankle work boots are required for all subcontractor employees. Sneakers and sandals are prohibited.
    6.4 Long pants and shirts with at least short sleeves are required on all projects. Wearing shorts, tank tops, or no shirt is prohibited. Excessively loose and ragged clothing or dangling jewelry is also prohibited on SC projects.
    6.5 Gloves are to be worn when handling sharp or rough materials.
    6.6 Hearing protection is to be worn when operating machinery or working in areas that exceed 85 decibels
    6.7 Safety vests are to be worn at all times. SC will provide safety vests for all sub-contractor employees, working on SC projects as needed.
  1. Fall Protection. Fall protection systems must meet the requirements of 29 CFR 1926 Subpart L - Scaffolds, Subpart M - Fall Protection, and Subpart R – Steel Erection.
    7.1 Employees on walking or working surfaces six (6) feet or more above lower levels shall be protected from falling by:

         7.1.1 Guardrails
         7.1.2 Safety nets
         7.1.3 Personal fall arrest systems
    7.2 Employees of roofing subcontractors working on low-pitch roofs six (6) feet or more above a lower level may be protected by one of the above methods or by:
         7.2.1 Perimeter warning lines and a safety mirror
    7.3 Floor openings two (2) inches or more wide in the least dimension must be covered. The cover must be strong enough to hold at least twice the weight imposed on it, secured to prevent displacement, and labeled as “hole” or “cover”.
    7.4 Fall protection for work performed on supported scaffolds is required at ten (10) feet.
  1. Electrical Safety Requirements.
    8.1 Extension Cords
         8.1.1 Ground Fault Circuit Interrupters (GFCIs) are required on all receptacle outlets on SC projects.
         8.1.2 Extension cord sets shall be of three wire type and designed for hard or extra-hard usage.
         8.1.3 Worn or frayed electric cords or electric cords with missing ground pins shall not be used.
    8.2 Temporary Lighting
         8.2.1 Light bulbs must be protected from breakage.
         8.2.2 Temporary lights must not be suspended by their cords, unless they are so designed.
    8.3 All live junction boxes, outlets, and switches shall be provided with covers.
    8.4 All live panels shall be guarded against accidental contact. Cardboard is not an acceptable form of enclosure.
    8.5 Power strips rated for home or office use shall not be used.
    8.6 Wall mounted outlet boxes with pre-punched knockouts shall not be used on an extension cord.
    8.7 Overhead Power Lines
         8.7.1 A minimum safe distance of ten (10) feet shall be observed around all overhead power lines up to 50kV.
         8.7.2 For power lines over 50kV, the safe distance shall be ten (10) feet plus one (1) foot for every 30kV over fifty.
         8.7.3 When this safe distance cannot be maintained:
              8.7.3.1 Power lines must be de-energized and grounded, or
              8.7.3.2 Insulating barriers must be provided to prevent physical contact with the lines.
  1. Scaffold Requirements.
    9.1 Scaffolds are to be erected and dismantled only under the supervision and direction of a competent person.
    9.2 Each working level of a scaffold must be fully planked with scaffold grade material. Each end of the plank shall extend over the centerline of its support at least six (6) inches. Each plank shall be installed so that the space between adjacent planks or the space between planks and uprights is no more than one (1) inch wide.
    9.3 Guardrails are required on scaffolds more than ten (10) feet above a lower level. Guardrails shall comply with 29 CFR 1926.451(g).
    9.4 Toe boards are required for all working levels.
    9.5 Safe access must be provided to all working levels of the scaffold. Ladders must be used unless ladder frame scaffolds are in use. Climbing the X-braces is strictly prohibited.
    9.6 Scaffold frames shall bear on base plates and mud sills or other adequate firm foundation.
    9.7 Scaffolds must be restrained from tipping when the height to base width ratio exceeds 4:1.
  1. Excavation and Trenching.
    10.1 Subcontractors shall ensure that all underground utilities have been located and marked prior to excavation. All utility markings are to be respected.
    10.2 Means of egress shall be located within twenty-five (25) lateral feet of any employees working in trenches four (4) feet or deeper.
    10.3 Subcontractor employees shall not be permitted to work in trenches in which water is accumulating until proper precautions are taken.
    10.4 Spoil piles shall be placed a minimum of two (2) feet away from the edge of any excavation.
    10.5 Trenches must be inspected at least daily by a competent person.
    10.6 Employees working in trenches five (5) feet in depth or greater must be protected by one of the following systems. Each protective system is based on a soil classification by a competent person. The determination is to be based on at least one visual and one manual examination of the soil.
         10.6.1 Sloping or benching (All trenches are to be sloped as Type C soil unless determined to be Type B soil by a competent person.
              10.6.1.1 Type C soil shall be sloped to a thirty-three (33) degree angle of repose.
              10.6.1.2 Type B soil shall be sloped to a forty-five (45) degree angle of repose. Type B soil may be benched with up to four foot benches.
         10.6.2 Shield systems are to be installed and used in accordance with their certifications.
         10.6.3 Shoring systems are to be installed and used in accordance with the manufacturer’s tabulated data.
         10.6.4 Any excavation twenty (20) feet or greater in depth must be designed by a registered engineer.
  1. Concrete and Masonry.
    11.1 All reinforcing steel onto or into which employees can fall must be protected.
    11.2 No employees are permitted to work under elevated concrete buckets.
    11.3 No employees are permitted to work under any suspended load.
    11.4 A limited access zone (LAZ) shall be established whenever a masonry wall is being constructed and shall conform to the following:
         11.4.1 The LAZ shall be established prior to the start of construction of the wall.
         11.4.2 The LAZ shall be equal to the height of the wall to be constructed plus four (4) feet and shall run the entire length of the wall.
         11.4.3 The LAZ shall be established on the side of the wall that will be unscaffolded.
         11.4.4 The LAZ shall be restricted to entry by employees actively engaged in constructing the wall. No other employees shall be permitted to enter the LAZ.
         11.4.5 The LAZ shall remain in place until the wall is adequately supported to prevent overturning and collapse.
    11.5 All masonry walls over eight (8) feet in height shall be braced to prevent collapse unless the wall is adequately supported.
  1. Hand, Power, and Powder-Actuated Tools.
    12.1 All hand and power tools must be maintained in a safe condition.
    12.2 All power tools equipped with guards must be used with the guards in place.
    12.3 Powder-Actuated Tools
         12.3.1 Only trained employees shall be allowed to operate powder-actuated tools.
         12.3.2 Tools shall not be loaded until immediately before use.
         12.3.3 Loaded tools shall not be left unattended.
  1. Cutting and Welding.
    13.1 All compressed gas cylinders must be stored upright, secured from falling, and covered with a valve protection cap.
    13.2 Oxygen cylinders must be stored at least twenty (20) feet from any highly combustible materials.
    13.3 When practicable, all welding operations should be shielded to protect other employees from the welding flash.
    13.4 One of the following precautions must be taken when performing any hot work:
         13.4.1 Welding and cutting should be performed in a designated location if possible, or
         13.4.2 Remove all combustible materials from the area before welding or burning, or
         13.4.3 Contain all sparks and slag and protect combustible materials and post a fire watch.
    13.5 Fire extinguishing equipment must be available at all hot work operations.
  1. Ladders and Stairs. A stairway or ladder shall be provided at all points of access where there is a break in elevation greater than nineteen (19) inches.
    14.1 Stairs
         14.1.1 Except during actual stairway construction, foot traffic is prohibited on metal pan stairs and landing unless they are filled in with temporary materials.
         14.1.2 Where doors or gates open directly on a stairway, such as job trailer steps, a landing shall be constructed twenty (20) inches larger than the width of the door or gate.
         14.1.3 Stairways with four or more risers or higher than thirty (30) inches shall be provided with stair rails on any open sides and at least one hand rail.
    14.2 Ladders
         14.2.1 Step ladders must always be used in the open position.
         14.2.2 The top or top step of step ladders is not to be used.
         14.2.3 Employees shall not climb the braces on the back of a step ladder.
         14.2.4 When ladders are used to gain access to an upper landing, the side rails must extend three feet above the landing.
         14.2.5 Extension ladders must be secured to prevent displacement.
         14.2.6 Extension ladders shall be set up so the base of the ladder is approximately one quarter of the working length away from the work.
         14.2.7 Buckets shall not be used in place of ladders.
  1. Cranes and Rigging.
    15.1 The swing radius of the crane shall be barricaded to prevent an employee from being struck or crushed by the crane.
    15.2 Rigging equipment is to be inspected prior to use. Defective equipment shall be removed from service.
  1. Respirable Crystalline Silica.
    16.1 Subcontractors shall comply with 29 C.F.R. § 1926.1153 whenever their employees are exposed to respirable crystalline silica ≥ 25 μg/mas an 8-hour time-weighted average under any foreseeable conditions.
    16.2 Employees may be exposed to respirable crystalline silica at the worksite when:
         16.2.1 Cutting, sawing, drilling, and crushing of concrete, brick, ceramic tiles, rock, and stone products; jack hammering, abrasive blasting, rock drilling, concrete mixing, patching and grouting, tuckpointing, and grinding and polishing concrete materials; operating wheel-tired equipment such as small or large loaders, skid steers, and telescopic bucket lifts; operating cranes; rigging; managing a worksite; or through other means, which are determined by an exposure assessment.
    16.3 For each employee engaged in a task identified in Table 1 of 29 C.F.R. § 1926.1153, the subcontractor shall fully and properly implement the engineering controls, work practices, and respiratory protection specified for the task on Table 1. If the subcontractor complies with Table 1, then an exposure assessment is not required to be performed.
    16.4 If the subcontractor does not fully and properly implement the engineering controls, work practices and respiratory protection as described in Table 1, or a work task is not identified on Table 1, then the subcontractor shall assess the exposure of each employee who is or may reasonably be expected to be exposed to respirable crystalline silica ≥ 25 μg/mas an 8-hour time-weighted average by either the performance option or the scheduled monitoring option.
    16.5 When employees are required to wear a respirable as specified in Table 1, subcontractors shall comply with 29 C.F.R. § 1910.134.
    16.6 Subcontractors shall provide medical examinations for any employee who will be required to wear a respirator under the standard for 30 or more days per year.
    16.7 Subcontractors shall establish and implement a written exposure control plan and maintain a copy of that plan at the job-site.

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        SUBCONTRACTOR’S CITATIONS FOR JOB SITE SAFETY VIOLATIONS

  1. Personal Protective Equipment/Proper Work Attire.
    1.1 Under no circumstances shall an employee of any other subcontractor on a job site perform a task without the proper personal protective equipment (PPE) or proper work attire (PWA).
    1.2 PWA for all SC job sites is defined as:
    "All workers on our job sites must adhere to the following requirements in conformance with Government recommendations, and High Industries, Inc. policy. Minimum work clothing will consist of a short sleeved, full length T- shirt, long pants, and substantial work boots. Shorts, sneakers, muscle shirts or cut-off shirts are not acceptable. In addition all clothing should be in good repair, and not subject the wearer to unnecessary hazards due to loose, flowing fit or excessive bagginess."
    1.3 Any individual not meeting the standards of PWA shall be instructed to leave the job site. Such individuals may return to the site when they do meet the standards of PWA.
    1.4 If any individual is observed working without proper PPE, a representative of SC shall immediately inform the individual to discontinue work and obtain the necessary PPE from their employer.
    1.5 Any individual failing to comply with a directive to use proper PPE shall be directed to leave the job site immediately. In such instance, the SC PM and/or Site Rep shall issue a Citation for Job Site Safety Violation to document the incident and notify the individual's employer.
    1.6 SC shall not provide PPE to employees of subcontractors.
    1.7 If an individual is directed to leave the job site on two separate occasions for failure to use proper PPE, that individual shall not be permitted to return to the job site for the remaining duration of the project.
  1. Other Safety Violations
    2.1 Any unsafe condition or unsafe work practice observed on the job site by an employee of SC shall be brought to the attention of the responsible party(ies) for immediate correction.
    2.2 If the unsafe condition or unsafe work practice is corrected immediately, no further action is required.
    2.3 If an unsafe condition is identified which cannot be corrected immediately (less than 15 minutes), the SC PM and/or Site Rep shall first take necessary steps to install protective barriers or equipment until the condition can be corrected. After the hazard is isolated, the PM and/or Site Rep shall complete a Citation for Job Site Safety Violation.
    2.4 Citations for Safety Violations shall be hand delivered to the job site supervisor of the responsible subcontractor(s). If no supervisor is on site for a subcontractor, the Citation should be hand delivered to one of their employees on site.
    2.5 Copies of the Citation shall be emailed to the office of the subcontractor on the same day as the unsafe condition was recognized.
    2.6 Copies of the citation shall be forwarded to the main office of SC to the attention of Francesco Genoese for his review and filing.
    2.7 If an unsafe condition is not corrected within 24 hours of issuance of a citation, or other time period deemed by the SC PM and/or Site Rep to be appropriate for the corrective work, a second citation for job site safety violation shall be issued.
    2.8 If an unsafe condition is not corrected within a reasonable amount of time from the second citation for job site safety violation, the SC PM and/or Site Rep shall work jointly with the Project Executive to take whatever steps are necessary to correct the unsafe conditions. All expenses incurred by SC in such an endeavor shall be charged back to the responsible subcontractor(s).

Please NoteStructureCare may update safety requirements and regulations at any time. Safety

requirements may vary due to job specific tasks, or by city and state. SC may request additional safety measures and therefore sub-contractors are subject, but not limited to the above.