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23 <br /> 21.PROTECTION OF WORK,PROPERTY AND THE PUBLIC <br /> 21.1. The CMAR shall be responsible for the entire site and the building or construction of the same and <br /> provide all the necessary protections, as required by the Owner's Representative or Project <br /> Designer, and by laws or ordinances governing such conditions. Consistent with the <br /> indemnification provisions elsewhere in this Contract, and subject to the benefits of any Owner- <br /> controlled or Owner-provided insurance that covers the interests of the CMAR and its <br /> Subcontractors, the CMAR shall be responsible for protecting the public and those on the site <br /> against all bodily injury or harm, and protecting against any damage to the Work, to adjacent <br /> property,and to property of others.The CMAR shall have access to the Project at all times. Subject <br /> to its ultimate contractual responsibility for protection of work,property and the public under this <br /> Contract, and subject to any non-delegable duties imposed by law, the CMAR may delegate to <br /> Subcontractors these obligations of the CMAR under this Contract,and may obtain indemnification <br /> and insurance from Subcontractors as the CMAR deems reasonable and prudent. <br /> 21.2. The CMAR shall provide cover and protect all portions of the structure when the Work is not in <br /> progress,provide and set all temporary roofs,covers for doorways,sash and windows,and all other <br /> materials necessary to protect all the Work on the building, whether set by it, or any of the <br /> Subcontractors. <br /> 21.3. Any Work damaged through the lack of proper protection or from any other cause,shall be repaired <br /> or replaced. <br /> 21.4. No fires of any kind will be allowed inside or around the operations during the course of <br /> construction without special permission from the Owner's Representative. <br /> 21.5. The CMAR shall protect all trees and shrubs designated to remain in the vicinity of the operations <br /> by building substantial boxes around same. The CMAR shall barricade all walks, roads, etc., as <br /> directed by the Project Designer to keep the public away from the construction. All trenches, <br /> excavations or other hazards in the vicinity of the Work shall be well barricaded and properly <br /> lighted at night. <br /> 21.6. The CMAR shall develop and implement a Project safety program in accordance with the RFQ and <br /> applicable regulations. The Owner will have final approval of the CMAR's Safety Program. The <br /> Owner's Representative may require additional safety measures before granting approval. <br /> Subcontractors must also comply with any such additional safety requirements of the OCIP <br /> program. The CMAR shall report, to the Owner, as part of each monthly report, any safety <br /> violations and actions taken to protect the safety of persons and property engaged in the Project. <br /> The CMAR may require that all Subcontractors meet the CMAR's safety program requirements <br /> including where those requirements meet or exceed State or Federal requirements. <br /> 21.7. The CMAR shall be responsible for all necessary safety measures for the protection of all persons <br /> on the job, including the requirements of the Associated General Contractors of America <br /> Accident Prevention Manual in Construction, as amended, and shall fully comply with all state, <br /> federal, and local laws or regulations and North Carolina State Building Code requirements to <br /> prevent accident or injury to persons on or about the location of the Work. The CMAR shall clearly <br /> mark or post signs warning of hazards existing, and shall barricade excavations, elevator shafts, <br /> stairwells and similar hazards. The CMAR shall protect against damage or injury resulting from <br /> falling materials and shall maintain all protective devices and signs throughout the progress of the <br /> Work. <br /> 21.8. The CMAR shall, at a minimum, adhere to the rules, regulations and interpretations of the North <br /> Carolina Department of Labor relating to Occupational Safety and Health Standards for the <br /> Construction Industry. <br /> Page 20 of 52 <br /> Revised 12/24,4/25 <br />