Common use of BASIC SERVICES; CONSTRUCTION PHASE Clause in Contracts

BASIC SERVICES; CONSTRUCTION PHASE. 1. All of the Engineer’s Construction Phase Services (“Construction Phase Services”) as described in this Article 1, Section D Shall be performed on an “as requested” basis. The Contractor shall determine the level of effort required for such Services and pay for same on time and expense basis, as described in Addendum A. 2. The Engineer shall timely review and approve or otherwise respond to the Contractor’s submittals, including shop drawings, product data and samples, but only for the limited purpose of checking for conformance with information given by Engineer and the design concept expressed in the Construction Documents. Where requested by Contractor, Engineer shall review submittals for specific details but without any liability to Engineer arising from such review. Any detailed review shall not relieve Contractor of responsibility to construct the Project in accordance with the Issued for Construction Documents. The Engineer’s review shall not constitute approval of safety precautions or of construction means, methods, techniques, sequences or procedures. 3. The Engineer shall furnish interpretations and clarifications of the drawings and specifications, by means of additional drawings, addenda or otherwise, as are necessary for the proper execution and progress of the Project. All such interpretations and clarifications shall be consistent with the intent of the Construction Documents and reasonably inferable from them. 4. The Engineer shall communicate with the Owner and the Contractor’s subcontractors and suppliers only through the Contractor. 5. The Engineer shall have reasonable access to the Project site as necessary to perform the Construction Phase Services that are requested of it. 6. The Engineer shall visit the Project site as requested by Contractor or pursuant to such schedule as the Parties may establish, to become generally familiar with the quality of the construction. After each Project site visit, the Engineer shall promptly provide the Contractor with copies of all notes and field reports. Although the Engineer has no responsibility to discover defects or deficiencies in the construction, if the Engineer becomes aware of any such defects or deficiencies, it shall give prompt written notice to the Contractor. The Engineer shall not be responsible for construction means, methods, techniques, sequences or procedures, or for ensuring that the Contractor’s Work is in accordance with the Construction Documents. 7. The Engineer is not responsible for and has no involvement with the Contractor’s safety precautions and programs except as listed here: 1. The engineer is required to maintain a safety policy, which includes applicable safety requirements as required by OSHA for the scope of work they are performing. 2. The engineer is to maintain documentation of training provided to its employees for tasks they will be required to perform. This documentation will be made available to Contractor upon request. 3. The engineer must have and enforce a pre-employment and post incident drug testing policy. 4. All employees of the engineer or second tier contractors must participate in the job site safety orientation conducted by a member of the Contractor’s staff. 5. All incidents; injuries or illness, auto accidents, property damage, utility damage, thefts, vandalism or equipment damage, must be reported to the Contractor as soon as possible and within 24 hours a copy of the incident report submitted. If the Engineer becomes aware of safety violations, the Engineer shall give prompt written notice to the Contractor. 8. The Engineer shall assist the Contractor and Owner in filing required documents with governmental authorities having jurisdiction over the Project. 9. The Engineer shall not be responsible for the acts or omissions of the Contractor or any of its subcontractors, or their agents or employees, or any other persons performing work on the Project who are not employed by Engineer or its subconsultant. 10. The Engineer shall attend meetings with the Owner and Contractor upon request of the Contractor. 11. All of the services to be provided by the Engineer shall be rendered promptly so as not to delay the Contractor, provided that the Contractor makes its need for the services known to the Engineer in advance.

BASIC SERVICES; CONSTRUCTION PHASE. 1. All of the Engineer’s Construction Phase Services (“Construction Phase Services”) as described in this Article 1, Section D Shall be performed on an “as requested” basis. The Contractor shall determine the level of effort required for such Services and pay for same on time and expense basis, as described in Addendum A. 2. The Engineer shall timely review and approve or otherwise respond to the Contractor’s submittals, including shop drawings, product data and samples, but only for the limited purpose of checking for conformance with information given by Engineer and the design concept expressed in the Construction Documents. Where requested by Contractor, Engineer shall review submittals for specific details but without any liability to Engineer arising from such review. Any detailed review shall not relieve Contractor of responsibility to construct the Project in accordance with the Issued for Construction Documents. The Engineer’s review shall not constitute approval of safety precautions or of construction means, methods, techniques, sequences or procedures. 3. The Engineer shall furnish interpretations and clarifications of the drawings and specifications, by means of additional drawings, addenda or otherwise, as are necessary for the proper execution and progress of the Project. All such interpretations and clarifications shall be consistent with the intent of the Construction Documents and reasonably inferable from them. 4. The Engineer shall communicate with the Owner and the Contractor’s subcontractors and suppliers only through the Contractor. 5. The Engineer shall have reasonable access to the Project site as necessary to perform the Construction Phase Services that are requested of it. 6. The Engineer shall visit the Project site as requested by Contractor or pursuant to such schedule as the Parties may establish, to become generally familiar with the quality of the construction. After each Project site visit, the Engineer shall promptly provide the Contractor with copies of all notes and field reports. Although the Engineer has no responsibility to discover defects or deficiencies in the construction, if the Engineer becomes aware of any such defects or deficiencies, it shall give prompt written notice to the Contractor. The Engineer shall not be responsible for construction means, methods, techniques, sequences or procedures, or for ensuring that the Contractor’s Work is in accordance with the Construction Documents. 7. The Engineer Equipment/Service Provider agrees to be in compliance with Hunter Contracting Co.’s Safety Policy and Program at all times. Included in our Safety Program is not responsible our program for and has no involvement compliance with the OSHA Hazard Communications Standard for Construction. Safety Data Sheets (SDS) for every project are available for you and your employees to review at our Gilbert, Arizona office. You must provide us with SDS on any products you will use or store on projects. In the event that Equipment/Service Provider fails to comply with any OSHA, Arizona, County, Local City or Town ordinance and/or United States requirements, and such, results in a fine to Contractor, Equipment/Service Provider agrees to pay the amount of such fine to Contractor immediately upon notification that such fine has been charged. Subcontractor further agrees that, should it fail to comply with any safety requirements after notification of such failure to Subcontractor, its agents, employees, or subcontractors, and then Subcontractor shall pay to Contractor the sum of $250.00 for each failure. Subcontractor authorizes Contractor to back charge Subcontractor and deduct from any sums due to subcontractor from Contractor hereunder and in the related Addenda, the amount of any charges due hereunder and in the related Addenda. Subcontractor further agrees that, should the amount due Contractor by Subcontractor under this provision exceed the funds due from Contractor to Subcontractor, Subcontractor shall immediately pay such difference, which shall bear interest at the rate of eighteen percent (18%) per annum from the date due until paid. Subcontractor shall: (a) comply fully with all laws, citations, rules, regulations, standards and other statues with respect to occupational health and safety, accident prevention, safety equipment and practices prescribed by Owner, Contractor, Federal, County, City and any other agency or body having jurisdiction or cognizance over the work being performed; (b) indemnify, defend and save harmless Contractor, its officers, agents and employees from claims, penalties, damages, liability, loss, costs, and expenses, including attorney's fees, arising from any alleged violation or infraction of the foregoing by Subcontractor, its agents, employees or third parties. Subcontractor agrees to furnish all required personal protective equipment (PPE) necessary to satisfy any pertinent policies for Subcontractor’s safety precautions and programs except as listed here:employees. Any employee of Subcontractor not in possession of the required PPE shall be provided such equipment 1. a. The engineer is required to maintain a safety policy, which includes applicable safety requirements as required by OSHA for the scope of work they are performing. 2. b. The engineer is to maintain documentation of training provided to its employees for tasks they will be required to perform. This documentation will be made available to Contractor upon request. 3. c. The engineer must have and enforce a pre-employment and post incident drug testing policy. 4. d. All employees of the engineer or second tier contractors must participate in the job site safety orientation conducted by a member of the Contractor’s staff. 5. e. All incidents; , injuries or illness, auto accidents, property damage, utility damage, thefts, vandalism or equipment damage, must be reported to the Contractor as soon as possible and within 24 hours a copy of the incident report submitted. If the Engineer becomes aware of safety violations, the Engineer shall give prompt written notice to the Contractor. 8. f. The Engineer shall assist the Contractor and Owner in filing required documents with governmental authorities having jurisdiction over the Project. 9. g. The Engineer shall not be responsible for the acts or omissions of the Contractor or any of its subcontractors, or their agents or employees, or any other persons performing work on the Project who are not employed by Engineer or its subconsultant. 10. h. The Engineer shall attend meetings with the Owner and Contractor upon request of the Contractor. 11. i. All of the services to be provided by the Engineer shall be rendered promptly so as not to delay the Contractor, provided that the Contractor makes its need for the services known to the Engineer in advance.

BASIC SERVICES; CONSTRUCTION PHASE. 1. All of the Engineer’s Construction Phase Services (“Construction Phase Services”) as described in this Article 1, Section D Shall be performed on an “as requested” basis. The Contractor shall determine the level of effort required for such Services and pay for same on time and expense basis, as described in Addendum A. 2. The Engineer shall timely review and approve or otherwise respond to the Contractor’s submittals, including shop drawings, product data and samples, but only for the limited purpose of checking for conformance with information given by Engineer and the design concept expressed in the Construction Documents. Where requested by Contractor, Engineer shall review submittals for specific details but without any liability to Engineer arising from such review. Any detailed review shall not relieve Contractor of responsibility to construct the Project in accordance with the Issued for Construction Documents. The Engineer’s review shall not constitute approval of safety precautions or of construction means, methods, techniques, sequences or procedures. 3. The Engineer shall furnish interpretations and clarifications of the drawings and specifications, by means of additional drawings, addenda or otherwise, as are necessary for the proper execution and progress of the Project. All such interpretations and clarifications shall be consistent with the intent of the Construction Documents and reasonably inferable from them. 4. The Engineer shall communicate with the Owner and the Contractor’s subcontractors and suppliers only through the Contractor. 5. The Engineer shall have reasonable access to the Project site as necessary to perform the Construction Phase Services that are requested of it. 6. The Engineer shall visit the Project site as requested by Contractor or pursuant to such schedule as the Parties may establish, to become generally familiar with the quality of the construction. After each Project site visit, the Engineer shall promptly provide the Contractor with copies of all notes and field reports. Although the Engineer has no responsibility to discover defects or deficiencies in the construction, if the Engineer becomes aware of any such defects or deficiencies, it shall give prompt written notice to the Contractor. The Engineer shall not be responsible for construction means, methods, techniques, sequences or procedures, or for ensuring that the Contractor’s Work is in accordance with the Construction Documents. 7. The Engineer Equipment/Service Provider agrees to be in compliance with Hunter Contracting Co.’s Safety Policy and Program at all times. Included in our Safety Program is not responsible our program for and has no involvement compliance with the OSHA Hazard Communications Standard for Construction. Safety Data Sheets (SDS) for every project are available for you and your employees to review at our Gilbert, Arizona office. You must provide us with SDS on any products you will use or store on projects. In the event that Equipment/Service Provider fails to comply with any OSHA, Arizona, County, Local City or Town ordinance and/or United States requirements, and such, results in a fine to Contractor, Equipment/Service Provider agrees to pay the amount of such fine to Contractor immediately upon notification that such fine has been charged. Subcontractor further agrees that, should it fail to comply with any safety requirements after notification of such failure to Subcontractor, its agents, employees, or subcontractors, and then Subcontractor shall pay to Contractor the sum of $250.00 for each failure. Subcontractor authorizes Contractor to back charge Subcontractor and deduct from any sums due to subcontractor from Contractor hereunder and in the related Addenda, the amount of any charges due hereunder and in the related Addenda. Subcontractor further agrees that, should the amount due Contractor by Subcontractor under this provision exceed the funds due from Contractor to Subcontractor, Subcontractor shall immediately pay such difference, which shall bear interest at the rate of eighteen percent (18%) per annum from the date due until paid. Subcontractor shall: (a) comply fully with all laws, citations, rules, regulations, standards and other statues with respect to occupational health and safety, accident prevention, safety equipment and practices prescribed by Owner, Contractor, Federal, County, City and any other agency or body having jurisdiction or cognizance over the work being performed; (b) indemnify, defend and save harmless Contractor, its officers, agents and employees from claims, penalties, damages, liability, loss, costs, and expenses, including attorney's fees, arising from any alleged violation or infraction of the foregoing by Subcontractor, its agents, employees or third parties. Subcontractor agrees to furnish all required personal protective equipment (PPE) necessary to satisfy any pertinent policies for Subcontractor’s safety precautions and programs except as listed here:employees. Any employee of Subcontractor not in possession of the required PPE shall be provided such equipment 1. The engineer is required to maintain a safety policy, which includes applicable safety requirements as required by OSHA for the scope of work they are performing. 2. The engineer is to maintain documentation of training provided to its employees for tasks they will be required to perform. This documentation will be made available to Contractor upon request. 3. The engineer must have and enforce a pre-employment and post incident drug testing policy. 4. All employees of the engineer or second tier contractors must participate in the job site safety orientation conducted by a member of the Contractor’s staff. 5. All incidents; injuries or illness, auto accidents, property damage, utility damage, thefts, vandalism or equipment damage, must be reported to the Contractor as soon as possible and within 24 hours a copy of the incident report submitted. If the Engineer becomes aware of safety violations, the Engineer shall give prompt written notice to the Contractor. 8. The Engineer shall assist the Contractor and Owner in filing required documents with governmental authorities having jurisdiction over the Project. 9. The Engineer shall not be responsible for the acts or omissions of the Contractor or any of its subcontractors, or their agents or employees, or any other persons performing work on the Project who are not employed by Engineer or its subconsultant. 10. The Engineer shall attend meetings with the Owner and Contractor upon request of the Contractor. 11. All of the services to be provided by the Engineer shall be rendered promptly so as not to delay the Contractor, provided that the Contractor makes its need for the services known to the Engineer in advance.