Common use of Cooperation With Regard to Utilities Clause in Contracts

Cooperation With Regard to Utilities. The adjustment of utilities consists of the relocation, removal, replacement, rearrangement, reconstruction, improvement, disconnection, connection, shifting, or altering of an existing utility in any manner. Existing private and public utilities within the Department’s knowledge prior to the issuance of the RFP will be indicated in RFP Documents. To the extent such existing utilities require adjustment, they will be adjusted by the utility owner or, if denoted in the Contract as the responsibility of the Design-Builder, then they will be adjusted by the Design-Builder. The location of the adjustment will not normally be shown in the RFP Documents, and Design-Builder is on notice that some of the utilities may be adjusted within the construction limits simultaneously with Project construction operations. The Design-Builder shall coordinate Project construction with planned utility adjustments and take all necessary precautions to prevent disturbance of the utilities. The Design-Builder shall report to the Department any failure on the part of the utility owner to cooperate or proceed with the planned utility adjustments. The Design-Builder shall perform utility work under the Contract in a manner that will cause the least inconvenience to the utility owner and those being served by the utility owner. The Design-Builder shall protect existing, adjusted, or new utilities that are shown on the RFP Conceptual Plans, marked by Miss Utility, or otherwise known to the Design-Builder that are to remain within the Right of Way so as to prevent disturbance or damage resulting from construction operations. If during prosecution of the Work the Design-Builder encounters an existing utility that requires adjustment, he shall not interfere with the utility but shall take the proper precautions to protect the utility and shall promptly notify the Department of the need for adjustment. Prior to preparing a Proposal, the Design-Builder shall contact known utility owners to determine the nature, extent, and location of existing, adjusted, or new utility facilities. Any additional cost resulting therefrom shall be reflected in the Proposal. If the Design-Builder desires the temporary or permanent adjustment of utilities for his own benefit, he shall conduct all negotiations with the utility owners and pay all costs in connection with the adjustment. Except as provided in the General Conditions, the Department will not be responsible for any claims for additional compensation from the Design-Builder resulting from delays, inconvenience, or damage sustained by him attributable to interference by utility appurtenances or the operation of moving the same. The Design-Builder may be entitled to non-compensable contract time extension when an adverse impact on the project schedule results in a delay to a contract completion date (e.g. Final Completion Date, Early Project Final Acceptance, Interim Milestone Final Completion Date) due to one of the following delays: (a) A utility owner is unable or unwilling to provide sufficient resources to complete its utility work by the scheduled dates furnished by the utility owner on the utility owner’s Plan & Estimate (P&E) and approved by the Department, as outlined in the Department’s Utility Manual of Instructions – Utilities Relocation Policies and Procedures. (b) A utility owner fails to provide sufficient resources to complete its utility work by the scheduled dates on the utility owner’s Plan & Estimate (P&E) in relation to the Project because it is responding to natural disasters within the Commonwealth of Virginia or other regions, such as floods, tidal waves, tornadoes, hurricanes, lightning strikes, earthquakes, fires, epidemics, or similar natural phenomena. (c) Utility industry-wide labor strikes affecting the utility owner’s workforce. (d) Utility material shortages that are beyond the Design-Builder’s control. Any such request shall be made in accordance with Article 8 of the General Conditions of Contract and shall be deemed non-compensable.

Cooperation With Regard to Utilities. The adjustment of utilities consists of the relocation, removal, replacement, rearrangement, reconstruction, improvement, disconnection, connection, shifting, or altering of an existing utility in any manner. Existing private and public utilities within the Department’s knowledge prior to the issuance of the RFP will be indicated in RFP Documents. To the extent such existing utilities require adjustment, they will be adjusted by the utility owner or, if denoted in the Contract as the responsibility of the Design-Builder, then they will be adjusted by the Design-Builder. The location of the adjustment will not normally be shown in the RFP Documents, and Design-Builder is on notice that some of the utilities may be adjusted within the construction limits simultaneously with Project construction operations. The Design-Builder shall coordinate Project construction with planned utility adjustments and take all necessary precautions to prevent disturbance of the utilities. The Design-Builder shall report to the Department any failure on the part of the utility owner to cooperate or proceed with the planned utility adjustments. The Design-Builder shall perform utility work under the Contract in a manner that will cause the least inconvenience to the utility owner and those being served by the utility owner. The Design-Builder shall protect existing, adjusted, or new utilities that are shown on the RFP Conceptual Plans, marked by Miss Utility, or otherwise known to the Design-Builder that are to remain within the Right of Way so as to prevent disturbance or damage resulting from construction operations. If during prosecution of the Work the Design-Builder encounters an existing utility that requires adjustment, he shall not interfere with the utility but shall take the proper precautions to protect the utility and shall promptly notify the Department of the need for adjustment. Prior to preparing a Proposal, the Design-Builder shall contact known utility owners to determine the nature, extent, and location of existing, adjusted, or new utility facilities. Any additional cost resulting therefrom shall be reflected in the Proposal. If the Design-Builder desires the temporary or permanent adjustment of utilities for his own benefit, he shall conduct all negotiations with the utility owners and pay all costs in connection with the adjustment. Except as provided in the General Conditions, the Department will not be responsible for any claims for additional compensation from the Design-Builder resulting from delays, inconvenience, or damage sustained by him attributable to interference by utility appurtenances or the operation of moving the same. The Design-Builder may be entitled to non-compensable contract time extension when an adverse impact on the project schedule results in a delay to a contract completion date (e.g. Final Completion Date, Early Project Final Acceptance, Interim Milestone Final Completion Date) due to one of the following delays: (a) A utility owner is unable or unwilling to provide sufficient resources to complete its utility work by the scheduled dates furnished by the utility owner on the utility owner’s Plan & Estimate (P&E) and approved by the Department, as outlined in the Department’s Utility Manual of Instructions – Utilities Relocation Policies and Procedures. (b) A utility owner fails to provide sufficient resources to complete its utility work by the scheduled dates on the utility owner’s Plan & Estimate (P&E) in relation to the Project because it is responding to natural disasters within the Commonwealth of Virginia or other regions, such as floods, tidal waves, tornadoes, hurricanes, lightning strikes, earthquakes, fires, epidemics, or similar natural phenomena. (c) Utility industry-wide labor strikes affecting the utility owner’s workforce. (d) Utility material shortages that are beyond the Design-Builder’s control. Any such request shall be made in accordance with Article 8 of the General Conditions of Contract and shall be deemed non-compensable.

Cooperation With Regard to Utilities. The adjustment of utilities consists of the relocation, removal, replacement, rearrangement, reconstruction, improvement, disconnection, connection, shifting, or altering of an existing utility facility in any manner. Existing private and public utilities within the Department’s knowledge prior to the issuance of the RFP will be indicated in RFP Documents. To the extent such existing utilities require adjustment, they will be adjusted by the utility owner or, if denoted in the Contract as the responsibility of the Design-Builder, then they will be adjusted by the Design-Builder. The location of the adjustment will not normally be shown in the RFP Documents, and Design-Design- Builder is on notice that some of the utilities may be adjusted within the construction limits simultaneously with Project construction operations. The Design-Builder shall coordinate Project construction with planned utility adjustments and take all necessary precautions to prevent disturbance of the utilitiesutility facilities. The Design-Builder shall report to the Department any failure on the part of the utility owner to cooperate or proceed with the planned utility adjustments. The Design-Builder shall perform utility work under the Contract in a manner that will cause the least inconvenience to the utility owner and those being served by the utility owner. The Design-Builder shall protect existingExisting, adjusted, or new utilities that are shown on the RFP Conceptual Plans, marked by Miss Utility, or otherwise known to the Design-Builder utility facilities that are to remain within the Right of Way so as shall be properly protected by the Design-Builder to prevent disturbance or damage resulting from construction operations. If during prosecution of the Work the Design-Builder encounters an existing utility that requires adjustment, he shall not interfere with the utility but shall take the proper precautions to protect the utility facility and shall promptly notify the Department of the need for adjustment. Prior to preparing a Proposal, the Design-Builder shall contact known utility owners to determine the nature, extent, and location of existing, adjusted, or new utility facilities. Any additional cost resulting therefrom shall be reflected in the Proposal. If the Design-Builder desires the temporary or permanent adjustment of utilities for his own benefit, he shall conduct all negotiations with the utility owners and pay all costs in connection with the adjustment. Except as provided in the General Conditions, the Department will not be responsible for any claims for additional compensation from the Design-Builder resulting from delays, inconvenience, or damage sustained by him attributable to interference by utility appurtenances or the operation of moving the same. The Design-Builder may be entitled to non-compensable contract time extension when an adverse impact on the project schedule results in a delay to a contract completion date (e.g. Final Completion Date, Early Project Final Acceptance, Interim Milestone Final Completion Date) due to one of the following delays: (a) A utility owner is unable or unwilling to provide sufficient resources to complete its utility work by the scheduled dates furnished by the utility owner on the utility owner’s Plan & Estimate (P&E) and approved by the Department, as outlined in the Department’s Utility Manual of Instructions – Utilities Relocation Policies and Procedures. (b) A utility owner fails to provide sufficient resources to complete its utility work by the scheduled dates on the utility owner’s Plan & Estimate (P&E) in relation to the Project because it is responding to natural disasters within the Commonwealth of Virginia or other regions, such as floods, tidal waves, tornadoes, hurricanes, lightning strikes, earthquakes, fires, epidemics, or similar natural phenomena. (c) Utility industry-wide labor strikes affecting the utility owner’s workforce. (d) Utility material shortages that are beyond the Design-Builder’s control. Any such request shall be made in accordance with Article 8 of the General Conditions of Contract and shall be deemed non-compensable.

Cooperation With Regard to Utilities. The adjustment of utilities consists of the relocation, removal, replacement, rearrangement, reconstruction, improvement, disconnection, connection, shifting, or altering of an existing utility facility in any manner. Existing private and public utilities within the Department’s knowledge prior to the issuance of the RFP will be indicated in RFP Documents. To the extent such existing utilities require adjustment, they will be adjusted by the utility owner or, if denoted in the Contract as the responsibility of the Design-Builder, then they will be adjusted by the Design-Builder. The location of the adjustment will not normally be shown in the RFP Documents, and Design-Builder is on notice that some of the utilities may be adjusted within the construction limits simultaneously with Project construction operations. The Design-Builder shall coordinate Project construction with planned utility adjustments and take all necessary precautions to prevent disturbance of the utilitiesutility facilities.utilities. The Design-Builder shall report to the Department any failure on the part of the utility owner to cooperate or proceed with the planned utility adjustments. The Design-Builder shall perform utility work under the Contract in a manner that will cause the least inconvenience to the utility owner and those being served by the utility owner. The ExistingThe Design-Builder shall protect existing, adjusted, or new utilities utility facilitiesutilities that are shown on the RFP Conceptual Plans, marked by Miss Utility, or otherwise known to the Design-Builder that are to remain within the Right of Way so shall be properly protected by the Design-Builderso as to prevent disturbance or damage resulting from construction operations. If during prosecution of the Work the Design-Builder encounters an existing utility that requires adjustment, he shall not interfere with the utility but shall take the proper precautions to protect the utility facilityutility and shall promptly notify the Department of the need for adjustment. Prior to preparing a Proposal, the Design-Builder shall contact known utility owners to determine the nature, extent, and location of existing, adjusted, or new utility facilities. Any additional cost resulting therefrom shall be reflected in the Proposal. If the Design-Builder desires the temporary or permanent adjustment of utilities for his own benefit, he shall conduct all negotiations with the utility owners and pay all costs in connection with the adjustment. Except as provided in the General Conditions, the Department will not be responsible for any claims for additional compensation from the Design-Builder resulting from delays, inconvenience, or damage sustained by him attributable to interference by utility appurtenances or the operation of moving the same. The Design-Builder may be entitled to non-compensable contract time extension when an adverse impact on the project schedule results in a delay to a contract completion date (e.g. Final Completion Date, Early Project Final Acceptance, Interim Milestone Final Completion Date) due to one of the following delays: (a) A utility owner is unable or unwilling to provide sufficient resources to complete its utility work by the scheduled dates furnished by the utility owner on the utility owner’s Plan & Estimate (P&E) and approved by the Department, as outlined in the Department’s Utility Manual of Instructions – Utilities Relocation Policies and Procedures. (b) A utility owner fails to provide sufficient resources to complete its utility work by the scheduled dates on the utility owner’s Plan & Estimate (P&E) in relation to the Project because it is responding to natural disasters within the Commonwealth of Virginia or other regions, such as floods, tidal waves, tornadoes, hurricanes, lightning strikes, earthquakes, fires, epidemics, or similar natural phenomena. (c) Utility industry-wide labor strikes affecting the utility owner’s workforce. (d) Utility material shortages that are beyond the Design-Builder’s control. Any such request shall be made in accordance with Article 8 of the General Conditions of Contract and shall be deemed non-compensable.