Common use of Project Safety Clause in Contracts

Project Safety. 5.1 The Project and all Construction Work performed in relation thereto is governed by applicable provisions of the federal laws, including but not limited to, the latest amendments of the following: 5.1.1 ▇▇▇▇▇▇▇▇-▇▇▇▇▇▇▇ Occupational Safety & Health Act of 1970, Public Law, 91-596. 5.1.2 Part 1019 and Part 1926 – Occupational Safety and Health Standards, Chapter XVII of Title 29, Code of Federal Regulations. 5.1.3 Part 1518 – Safety and Health Regulations for Construction, Chapter XIII of Title 29, Code of Federal Regulations. 5.2 CM@R is responsible for safety of the job site for employees of CM@R as well as for members of the general public and others who may drive or walk through or be at the site. 5.3 CM@R recognizes the importance of performing the Construction Work in a safe manner so as to prevent damage, injury or loss to: (i) all individuals at the Site, whether working or visiting; (ii) the Construction Work, including materials and equipment incorporated into the Construction Work and stored on-site or off-site; and (iii) all other property at the 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; and (iv) the owners or tenants of adjacent property and their patrons, employees and invitees. 5.4 CM@R assumes responsibility for implementing and monitoring all safety precautions and programs related to the performance of the Construction Work. 5.5 CM@R will provide a “competent person” as required by O.S.H.A regulations. The “competent person” shall be identified at the Pre-Construction Conference with City advised in writing of any changes. 5.6 The “competent person” shall make routine daily inspections of the Site and shall hold weekly safety meetings with CM@R’s personnel, Subcontractors and others as applicable. 5.7 CM@R and Subcontractors shall comply with all legal and regulatory requirements relating to safety, as well as any City specific safety requirements set forth in the Contract Documents, provided that such City-specific requirements do not violate any applicable Legal Requirements. 5.8 CM@R will immediately report to Project Manager in writing any safety-related injury, loss, damage, or accident arising from the Construction Work and, to the extent mandated by Legal Requirements, to all government or quasi-government authorities having jurisdiction over safety-related matters involving the Project or the Construction Work. 5.9 CM@R’s responsibility for safety is not intended in any way to relieve Subcontractors and Sub-Subcontractors of their own contractual and legal obligations and responsibility for (i) complying with all Legal Requirements, including those related to health and safety matters, and (ii) taking all necessary measures to implement and monitor all safety precautions and programs to guard against injury, losses, damages, or accidents resulting from their performance of the Construction Work. 5.10 As between City and CM@R, CM@R is responsible to City for any and all the safety issues relating to the Construction Work on the Project. CM@R will administer and manage a safety program. This will include, but not necessarily be limited to, review of the safety programs of each Subcontractor. CM@R will monitor the establishment and execution of compliance with all applicable regulatory and advisory agency construction safety standards. CM@R’s responsibility for review, monitoring, and coordination of the Subcontractor’s safety programs will not extend to direct control over execution of the Subcontractors’ safety programs. Notwithstanding CM@R’s safety obligations to City, it is agreed and understood that each individual Subcontractor will remain controlling employer responsible for the safety programs and precautions applicable to its own work and the activities of other’s work in areas designated to be controlled by such Subcontractor for purposes of workers compensation insurance coverage. 5.11 CM@R is responsible to provide all necessary shoring, bracing, and trench support as is necessary to maintain traffic structures, etc., as required in the General Construction Standards and Project Specific Standards. If the stability of adjoining building, walls, roadways, etc., is endangered by CM@R’s excavation, shoring, bracing, or under pinning shall be provided as necessary to ensure project safety.

Project Safety. 5.1 A. The Project and all Construction Work performed in relation thereto is governed by applicable provisions of the federal laws, including but not limited to, the latest amendments of the following: 5.1.1 1. ▇▇▇▇▇▇▇▇-▇▇▇▇▇▇▇ Occupational Safety & Health Act of 1970, Public Law, 91-596. 5.1.2 2. Part 1019 and Part 1926 – Occupational Safety and Health Standards, Chapter XVII of Title 29, Code of Federal Regulations. 5.1.3 3. Part 1518 – Safety and Health Regulations for Construction, Chapter XIII of Title 29, Code of Federal Regulations. 5.2 CM@R B. Contractor is responsible for safety of the job site for employees of CM@R Contractor as well as for members of the general public and others who may drive or walk through or be at the site.. City has established a written policy for Contract Construction Safety. Contractor shall comply with this policy which is attached as Exhibit M. 5.3 CM@R C. Contractor recognizes the importance of performing the Construction Work in a safe manner so as to prevent damage, injury or loss to: (i) all individuals at the Site, whether working or visiting; (ii) the Construction Work, including materials and equipment incorporated into the Construction Work and stored onOn-site Site or offOff-siteSite; and (iii) all other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, structures and utilities not designated for removal, relocation, relocation or replacement in the course of construction; and (iv) the owners or tenants of adjacent property and their patrons, employees and invitees. 5.4 CM@R D. Contractor assumes responsibility for implementing and monitoring all safety precautions and programs related to the performance of the Construction Work. 5.5 CM@R will E. Contractor shall provide a “competent person” ’ as required by O.S.H.A regulations. The “competent person” shall be identified at the Pre-Construction Conference with City advised in writing of any changes. 5.6 F. The “competent person” shall make routine daily inspections of the Site and shall hold weekly safety meetings with CM@RContractor’s personnel, Subcontractors and others as applicable. 5.7 CM@R G. Contractor and Subcontractors shall comply with all legal and regulatory requirements relating to safety, as well as any City specific safety requirements set forth in the Contract Documents, provided that such City-specific requirements do not violate any applicable Legal Requirementslegal and regulatory requirements. 5.8 CM@R H. Contractor will immediately report to Project Manager in writing any safety-related injury, loss, damage, damage or accident arising from the Construction Work to the City’s Project Manager and, to the extent mandated by Legal Requirements, to all government or quasi-government authorities having jurisdiction over safety-related matters involving the Project or the Construction Work. 5.9 CM@RI. Contractor’s responsibility for safety under this Section 4 is not intended in any way to relieve Subcontractors and Sub-Subcontractors of their own contractual and legal obligations and responsibility for (i) complying with all Legal Requirements, including those related to health and safety matters, and (ii) taking all necessary measures to implement and monitor all safety precautions and programs to guard against injury, losses, damages, damages or accidents resulting from their performance of the Construction Work. 5.10 J. As between City and CM@RContractor, CM@R Contractor is responsible to City for any and all the safety issues relating to the Construction Work on the Project. CM@R will Contractor shall administer and manage a the safety program. This will include, but not necessarily be limited to, to review of the safety programs of each Subcontractor. CM@R will Contractor shall monitor the establishment and execution of compliance with all applicable regulatory and advisory agency construction safety standards. CM@RContractor’s responsibility for review, monitoring, and coordination of the Subcontractor’s safety programs will shall not extend to direct control over execution of the Subcontractors’ safety programs. Notwithstanding CM@RContractor’s safety obligations to City, it is agreed and understood that each individual Subcontractor will shall remain controlling employer responsible for the safety programs and precautions applicable to its own work Work and the activities of other’s work Work in areas designated to be controlled by such Subcontractor for purposes of workers compensation insurance coverage. Nothing in this agreement shall relieve Contractor of his responsibility to maintain traffic, structures, etc. 5.11 CM@R , as noted on the Plans, Specifications, and Project Specific Provisions. Contractor is responsible to provide all necessary shoring, bracing, bracing and trench support as is necessary to maintain traffic structures, etc., as required stipulated in the General Construction Standards Plans, Specifications, and Project Specific StandardsSpecial Provisions. If the stability of adjoining building, walls, roadways, etc., is endangered by CM@RContractor’s excavation, shoring, bracing, or under pinning shall be provided as necessary to ensure project safety. Cost for shoring, bracing, underpinnings, and trench support shall be included in the appropriate items listed in the Contract Price, and no additional payment shall be made for this Work. K. For all projects that include underground excavation or other Work that could impact City utilities, Contractor shall be required to complete a free online Underground Damage Prevention and Traffic Safety presentation by City’s Energy Resources Department, prior to taking control of the jobsite. This presentation includes background training on the various City utility systems, current City programs for locating and protecting existing utilities, a review of hazardous conditions specific to buried utility lines such as gas, electric, water, sewer, telecommunications, etc., and provides a forum for establishing lines of communication between appropriate City and Contractor staff prior to beginning work on the project. 1. At a minimum, the following Contractor personnel shall attend this training and complete any required follow-up activities: Job Superintendent, ▇▇▇▇▇▇▇, and Operator(s) from Contractor, the same staff from the Natural Gas Subcontractor(s), and any other major Subcontractor as determined by City. Contractor is encouraged to have additional field personnel attend if possible. 2. Following completion of the presentation, Contractor shall provide a letter to City’s Project Manager, certifying compliance with this requirement. To be accepted by City, Contractor Certification Letter must specifically reference the Project Name and Number, the date(s) and time(s) of presentation, and the names of personnel who attended. 3. Contractor shall attend pre-scheduled training sessions as needed to accommodate the number of Contractors and schedules of upcoming projects. The training is online and will be provided by City’s Energy Resources Department. Contractor may register for a pre-scheduled training session at ▇▇▇▇▇://▇▇▇▇▇▇.▇▇▇▇▇▇.▇▇▇/LearningCenter/Catalogs/Energy-Resources. 4. Completion of this training shall take place prior to the Contractor taking control of the job site and will typically occur after the Pre-Construction Conference. Contractor may arrange to attend prior to the Pre-Construction Conference if desired. If the required Contractor field personnel do not attend this training session in a timely manner, a stop Work order may be issued until the training is satisfactorily completed, and this will not be an acceptable basis for claiming an extension of Contract Time. The latest acceptable date for completion of the underground damage prevention training will be established at the Pre-Construction Conference. 5. Nothing in this Section or City’s Underground Damage Prevention and Traffic Safety training presentation shall be construed as replacing or superseding OSHA Regulations, Arizona State Law, and City’s established policy for Contract Construction Safety, or other applicable regulations. Contractor shall maintain and have sole responsibility for safety on the job site.

Project Safety. 5.1 The Project and all Construction Work performed in relation thereto is governed by applicable provisions of the federal laws, including but not limited to, the latest amendments of the following: 5.1.1 : ▇▇▇▇▇▇▇▇-▇▇▇▇▇▇▇ Occupational Safety & Health Act of 1970, Public Law, 91-596. 5.1.2 . Part 1019 and Part 1926 – Occupational Safety and Health Standards, Chapter XVII of Title 29, Code of Federal Regulations. 5.1.3 . Part 1518 – Safety and Health Regulations for Construction, Chapter XIII of Title 29, Code of Federal Regulations. 5.2 . CM@R is responsible for safety of the job site for employees of CM@R as well as for members of the general public and others who may drive or walk through or be at the site. 5.3 . CM@R recognizes the importance of performing the Construction Work in a safe manner so as to prevent damage, injury or loss to: (i) all individuals at the Site, whether working or visiting; (ii) the Construction Work, including materials and equipment incorporated into the Construction Work and stored on-site or off-site; and (iii) all other property at the 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; and (iv) the owners or tenants of adjacent property and their patrons, employees and invitees. 5.4 . CM@R assumes responsibility for implementing and monitoring all safety precautions and programs related to the performance of the Construction Work. 5.5 . CM@R will provide a “competent person” as required by O.S.H.A regulations. The “competent person” shall be identified at the Pre-Construction Conference with City advised in writing of any changes. 5.6 . The “competent person” shall make routine daily inspections of the Site and shall hold weekly safety meetings with CM@R’s personnel, Subcontractors and others as applicable. 5.7 . CM@R and Subcontractors shall comply with all legal and regulatory requirements relating to safety, as well as any City specific safety requirements set forth in the Contract Documents, provided that such City-specific requirements do not violate any applicable Legal Requirements. 5.8 . CM@R will immediately report to Project Manager in writing any safety-related injury, loss, damage, or accident arising from the Construction Work and, to the extent mandated by Legal Requirements, to all government or quasi-government authorities having jurisdiction over safety-related matters involving the Project or the Construction Work. 5.9 . CM@R’s responsibility for safety is not intended in any way to relieve Subcontractors and Sub-Subcontractors of their own contractual and legal obligations and responsibility for (i) complying with all Legal Requirements, including those related to health and safety matters, and (ii) taking all necessary measures to implement and monitor all safety precautions and programs to guard against injury, losses, damages, or accidents resulting from their performance of the Construction Work. 5.10 . As between City and CM@R, CM@R is responsible to City for any and all the safety issues relating to the Construction Work on the Project. CM@R will administer and manage a safety program. This will include, but not necessarily be limited to, review of the safety programs of each Subcontractor. CM@R will monitor the establishment and execution of compliance with all applicable regulatory and advisory agency construction safety standards. CM@R’s responsibility for review, monitoring, and coordination of the Subcontractor’s safety programs will not extend to direct control over execution of the Subcontractors’ safety programs. Notwithstanding CM@R’s safety obligations to City, it is agreed and understood that each individual Subcontractor will remain controlling employer responsible for the safety programs and precautions applicable to its own work and the activities of other’s work in areas designated to be controlled by such Subcontractor for purposes of workers compensation insurance coverage. 5.11 . CM@R is responsible to provide all necessary shoring, bracing, and trench support as is necessary to maintain traffic structures, etc., as required in the General Construction Standards and Project Specific Standards. If the stability of adjoining building, walls, roadways, etc., is endangered by CM@R’s excavation, shoring, bracing, or under pinning shall be provided as necessary to ensure project safety.