Existing Utilities; Removal, Relocation and Protection. In accordance with California Government Code §4215, the District shall assume the responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities located on the Site which are not identified in the Drawings, Specifications or other Contract Documents. Contractor shall be compensated for the costs of locating, repairing damage not due to the Contractor's failure to exercise reasonable care, and removing or relocating such utility facilities not indicated in the Drawings, Specifications and other Contract Documents with reasonable accuracy, and for equipment on the Site necessarily idled during such work. Contractor shall not be assessed Liquidated Damages for delay in completion of the Work when such delay is caused by the failure of the District or the owner of the utility to provide for removal or relocation of such utility facilities. Nothing in this Article 4.3.5 shall be deemed to require the District to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the Site can be inferred from the presence of other visible facilities, such as buildings, meters and junction boxes, on or adjacent to the Site. If the Contractor encounters utility facilities not identified by the District in the Drawings, Specifications, or other Contract Documents, the Contractor shall immediately notify, in writing, the District, the Architect, the Owner’s Project Manager and the utility owner. In the event that such utility facilities are owned by a public utility, the public utility shall have the sole discretion to perform repairs or relocation work or permit the Contractor to do such repairs or relocation work at a reasonable price. The Contractor shall verify the location and depth (elevation) of all existing utilities and services before performing any excavation work by engaging a qualified locating service and performing all necessary potholing. Contractor shall coordinate with the District for all underground utilities and repair any damage resulting from the work.
Existing Utilities; Removal, Relocation and Protection. In accordance with California Government Code § 4215, City shall assume the responsibility for the timely removal, relocation, or protection of existing main or trunk line utility facilities located on the Project Site which are not identified in the Contract Documents provided by City. Design-Builder shall be compensated for the costs of locating, repairing damage not due to Design-Builder's failure to exercise reasonable care, and removing or relocating such utility facilities not indicated in the Contract Documents with reasonable accuracy, and for equipment on the Project Site necessarily idled during such work. Design-Builder shall not be assessed Liquidated Damages for delay in completion of the Work when such delay is caused by the failure of City or the utility provider to provide for removal or relocation of such utility facilities. Nothing in this Paragraph shall be deemed to require City to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the Project Site can be inferred from the presence of other visible facilities, such as buildings, meters and junction boxes, on or adjacent to the Project Site. If Design-Builder encounters utility facilities not identified by City in the Contract Documents, Design-Builder shall immediately notify, in writing, City and the utility. In the event that such utility facilities are owned by a public utility, the public utility shall have the sole discretion to perform repairs or relocation work or permit Design-Builder to do such repairs or relocation work at a price determined in accordance with Article 8 herein.
