Common use of Care and Restoration of Property Clause in Contracts

Care and Restoration of Property. The Contractor shall enclose the trunks of trees adjacent to his work and not to be cut, with substantial wooden boxes of such height as may be necessary to protect them from injury from piled material, from equipment, from his operations, or otherwise due to his work. Excavation machinery and cranes shall be of suitable type and be operated with care to prevent injury to trees not to be cut and particularly to overhanging branches and limbs. Branches, limbs, and roots shall be cut except by permission of the Engineer. All cutting shall be smoothly and neatly done without splitting or crushing. In case of cutting or unavoidable injury to branches, limbs, and trunks or trees, the cut or injured portions shall be neatly trimmed and covered with an application of grafting wax or tree healing paint as directed. Cultivated xxxxxx, shrubs, and plants which might be injured by the Contractor’s operations shall be protected by suitable means or shall be dug up and temporarily replanted and maintained. After the construction operations have been substantially completed, they shall be replanted in their original positions and cared for until growth is re-established. If cultivated xxxxxx, shrubs, and plants are injured to such a degree as to affect their growth or diminish their beauty or usefulness, they shall be replaced by items of kinds and quality at least equal to the kinds and quality existing at the start of the work. On paved surfaces the Contractor shall not use or operate tractors, bulldozers, or other power- operated equipment the treads or wheels of which are so shaped as to cut otherwise injure such surfaces. In locations where excavation passes thus existing agricultural areas and fields, the cost of repairing the trench surface is to be included in the pipe laying price. In such areas, the existing loam and surface materials are to be stripped and placed one side prior to excavation. After completion of backfilling, this “saved” surface material is to be returned tot he top of the trench. After natural settlement and compaction has taken place, the trench surface is to be harrowed, dragged and mechanically raked as necessary to produce a smooth and level surface. The area is then to be sowed with “orchard grass” or “rye grass” or other such materials to hold the soil and produce a growth similar to that existing prior to pipe laying operations. This provision for clean-up in agricultural areas applies only to locations where the trench surface is now substantially pasture land or the equivalent thereof. In cases where the trench surface running alongside a road is in scrub growth or natural weed growth, this provision will not apply. All surfaces which have been injured by the Contractor’s operations shall be restored to a condition at least equal to that in which they were found immediately before work was begun. Suitable materials and methods shall be used for such restoration. The restoration of existing property or structures shall be done as promptly as practicable and shall not be left until the end of the construction period.

Care and Restoration of Property. The Contractor shall enclose the trunks of trees adjacent to his work and not to be cut, with substantial wooden boxes of such height as may be necessary to protect them from injury from piled material, from equipment, from his operations, or otherwise due to his work. Excavation machinery and cranes shall be of suitable type and be operated with care to prevent injury to trees not to be cut and particularly to overhanging branches and limbs. Branches, limbs, and roots shall be cut except by permission of the Engineer. All cutting shall be smoothly and sand neatly done without splitting or crushing. In case of cutting or unavoidable injury to branches, limbs, and trunks or trees, the cut or injured portions shall be neatly trimmed and covered with an application of grafting wax or tree healing paint as directed. Cultivated xxxxxx, shrubs, and plants which might be injured by the Contractor’s operations shall be protected by suitable means or shall be dug up and temporarily replanted and maintained. After the construction operations have been substantially completed, they shall be replanted in their original positions and cared for until growth is re-established. If cultivated xxxxxx, shrubs, and plants are injured to such a degree as to affect their growth or diminish their beauty or usefulness, they shall be replaced by items of kinds and quality at least equal to the kinds and quality existing at the start of the work. On paved surfaces the Contractor shall not use or operate tractors, bulldozers, or other power- operated equipment the treads or wheels of which are so shaped as to cut otherwise injure such surfaces. In locations where excavation passes thus existing agricultural areas and fields, the cost of repairing the trench surface is to be included in the pipe laying price. In such areas, the existing loam and surface materials are to be stripped and placed one side prior to excavation. After completion of backfilling, this “saved” surface material is to be returned tot he top of the trench. After natural settlement and compaction has taken place, the trench surface is to be harrowed, dragged and mechanically raked as necessary to produce a smooth and level surface. The area is then to be sowed with “orchard grass” or “rye grass” or other such materials to hold the soil and produce a growth similar to that existing prior to pipe laying operations. This provision for clean-up in agricultural areas applies only to locations where the trench surface is now substantially pasture land or the equivalent thereof. In cases where the trench surface running alongside a road is in scrub growth or natural weed growth, this provision will not apply. All surfaces which have been injured by the Contractor’s operations shall be restored to a condition at least equal to that in which they were found immediately before work was begun. Suitable materials and methods shall be used for such restoration. The restoration of existing property or structures shall be done as promptly as practicable and shall not be left until the end of the construction period.