Common use of Observation Services Clause in Contracts

Observation Services. 5.1 If expressly required under the Scope of Services, Engineer shall visit the site at the intervals set forth in the Scope of Services to become generally familiar with the progress and quality of that portion of the work for which Engineer prepared the Deliverables to determine in general if such work is being performed in a manner indicating that such work when completed will be in accordance with the Deliverables. Engineer shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of such work. On the basis of on-site observations as a design professional, Engineer shall keep client informed of the progress and quality of the work. Engineer’s services do not include supervision or direction of the actual work of the contractor(s), their employees, agents or subcontractors. Client agrees to notify the contractor(s) accordingly. The contractor(s) shall also be informed by Client that neither the presence of Engineer’s field representative nor the observation by the Engineer shall excuse the contractor(s) for defects or omissions in his work. 5.2 Under no circumstances shall Engineer have control over, or be in charge of, nor shall it be responsible for, construction means, methods, techniques, sequences or procedures in connection with the work or for the contractor(s)’s safety programs or procedures at the site. Engineer shall not be responsible for any contractor's schedules or failure to carry out the work in accordance with the Deliverables. Engineer shall not have control over or charge of acts or omissions of any contractor, subcontractor, or their agents or employees, or of any other persons performing portions of the work. 5.3 It is further understood that the contractor(s) will be solely and completely responsible for working conditions on the job site, including safety of all persons and property during the performances of the work, and that these requirements will apply continuously and not be limited to normal working hours. Any observations at the site as set forth in Paragraph 5.1 by Engineer is not intended to include review of the adequacy of the contractor(s)’s safety measures at the construction site. The Engineer will not be held responsible for any contractor’s failure to observe or comply with the Occupational Health and Safety Act of 1970 (including subsequent amendments), and regulations or standards promulgated thereunder, or any state, county, or municipal law or regulation of similar import or intent.

Observation Services. 5.1 If expressly required under the Scope of Services, Engineer Landscape Architect shall visit the site at the intervals set forth in the Scope of Services to become generally familiar with the progress and quality of that portion of the work for which Engineer Landscape Architect prepared the Deliverables Documents to determine in general if such work is being performed in a manner indicating that such work when completed will be in accordance with the DeliverablesDocuments. Engineer Landscape Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of such work. On the basis of on-site observations as a design professional, Engineer Landscape Architect shall keep client informed of the progress and quality of the work. Engineer’s Landscape Architect's services do not include supervision or direction of the actual work of the contractor(s)contractor, their his employees, agents or subcontractors. Client agrees to notify the contractor(s) contractor accordingly. The contractor(s) contractor shall also be informed by Client that neither the presence of Engineer’s Landscape Architect's field representative nor the observation by the Engineer Landscape Architect shall excuse the contractor(s) contractor for defects or omissions in his work. 5.2 Under no circumstances shall Engineer Landscape Architect have control over, or be in charge of, nor shall it be responsible for, construction means, methods, techniques, sequences or procedures in connection with the work or for the contractor(s)’s safety programs or procedures at the siteWork. Engineer Landscape Architect shall not be responsible for any contractor's schedules or failure to carry out the work Work in accordance with the DeliverablesDocuments. Engineer Landscape Architect shall not have control over or charge of acts or omissions of any contractor, subcontractor, or their agents or employees, or of any other persons performing portions of the workWork. 5.3 It is further understood that the contractor(s) contractor will be solely and completely responsible for working conditions on the job site, including safety of all persons and property during the performances of the work, and that these requirements will apply continuously and not be limited to normal working hours. Any observations at monitoring of the site as set forth in Paragraph 5.1 contractor's performance conducted by Engineer Landscape Architect's personnel is not intended to include review of the adequacy of the contractor(s)’s contractor safety measures at in, on or near the construction site. The Engineer Landscape Architect will not be held responsible for any contractor’s 's failure to observe or comply with the Occupational Health and Safety Act of 1970 (including subsequent amendments)1970, and regulations or standards promulgated thereunder, or any state, county, or municipal law or regulation of similar import or intent.