Common use of Existing Utilities Clause in Contracts

Existing Utilities. The location of known existing utilities and pipelines are shown on the Plans in their approximate locations. However, nothing herein shall be deemed to require CITY to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the site of the Project can be inferred from the presence of other visible facilities, such as buildings, cleanouts, meter and junction boxes, on or adjacent to the site of the Project. Underground facilities not known to CITY may exist, or be in a location different from that which is shown in the Contract Documents. Contractor shall take all steps reasonably necessary to ascertain the exact location of all underground facilities prior to doing work that may damage such facilities or interfere with their service, including but not limited to calling Underground Service Alert to locate utilities in accordance with the procedures described in Government Code section 4215 et seq. Contractor shall protect from damage any utility facilities that are to remain in place, be installed, relocated or otherwise rearranged. The Contractor shall not be entitled to additional compensation nor time extensions for work necessary to avoid interferences nor for repair to damaged utilities if the Contractor does not expose all such existing utilities as required by this section. After the utility survey is complete, the Contractor shall commence “potholing” or hand digging to determine the actual location of the pipe, duct, or conduit. Contractor shall notify CITY before starting potholing operations. The Contractor shall uncover all piping and conduits to a point one (1) foot below the pipe, where crossings, interferences, or connections are shown on the Drawings, prior to trenching or excavating for any pipe or structures, to determine actual elevations. New pipelines shall be laid to such grade as to clear all existing facilities which are to remain in service for any period subsequent to the construction of the run of pipe involved. The Contractor’s attention is directed to the requirements of Government Code section 4216.2 (a)(2) which provides: “When the excavation is proposed within 10 feet of a high priority subsurface installation, the operator of the high priority subsurface installation shall notify the excavator of the existence of the high priority subsurface installation prior to the legal excavation start date and time, as such date and time are authorized pursuant to paragraph (1) of subdivision (a) of section 4216.

Appears in 1 contract

Samples: Water Meter Exchange Project Agreement

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Existing Utilities. The location of known existing utilities and pipelines are shown on the Plans in their approximate locations. However, nothing herein shall be deemed to require CITY CVWD to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the site of the Project can be inferred from the presence of other visible facilities, such as buildings, cleanouts, meter and junction boxes, on or adjacent to the site of the Project. Underground facilities not known to CITY CVWD may exist, or be in a location different from that which is shown in the Contract Documents. Contractor shall take all steps reasonably necessary to ascertain the exact location of all underground facilities prior to doing work that may damage such facilities or interfere with their service, including but not limited to calling Underground Service Alert to locate utilities in accordance with the procedures described in Government Code section 4215 et seq. Contractor shall protect from damage any utility facilities that are to remain in place, be installed, relocated or otherwise rearranged. The Contractor shall not be entitled to additional compensation nor time extensions for work necessary to avoid interferences nor for repair to damaged utilities if the Contractor does not expose all such existing utilities as required by this section. After the utility survey is complete, the Contractor shall commence “potholing” or hand digging to determine the actual location of the pipe, duct, or conduit. Contractor shall notify CITY CVWD before starting potholing operations. The Contractor shall uncover all piping and conduits to a point one one (1) foot below the pipe, where crossings, interferences, or connections are shown on the Drawings, prior to trenching or excavating for any pipe or structures, to determine actual elevations. New pipelines shall be laid to such grade as to clear all existing facilities which are to remain in service for any period subsequent to the construction of the run of pipe involved. The Contractor’s attention is directed to the requirements of Government Code section 4216.2 (a)(2) which provides: “When the excavation is proposed within 10 feet of a high priority subsurface installation, the operator of the high priority subsurface installation shall notify the excavator of the existence of the high priority subsurface installation prior to the legal excavation start date and time, as such date and time are authorized pursuant to paragraph (1) of subdivision (a) of section 4216.

Appears in 1 contract

Samples: Construction Contract

Existing Utilities. A. The location locations of known existing the underground utilities and pipelines are as shown on the Plans in their approximate locationsplans have been obtained by field surveys and searches of available records. HoweverIt is believed that this data is essentially correct, nothing herein shall be deemed to require CITY to indicate but the presence of existing service laterals or appurtenances whenever Village and the presence of such utilities on the site of the Project can be inferred from the presence of other visible facilities, such as buildings, cleanouts, meter offices and junction boxes, on or adjacent to the site of the Project. Underground facilities not known to CITY may exist, or be in a location different from that which is shown in the Contract Documents. Contractor shall take all steps reasonably necessary to ascertain the exact location of all underground facilities prior to doing work that may damage such facilities or interfere with their service, including but not limited to calling Underground Service Alert to locate utilities in accordance agencies associated with the procedures described in Government Code section 4215 et seq. Contractor shall protect from damage any utility facilities that are to remain in place, be installed, relocated development of these plans do not guarantee their accuracy or otherwise rearrangedcompleteness. The Contractor shall not investigate to determine the existence, nature, and location of all utility lines and appurtenances within the limits of the improvement. The Contractor shall take due care in all phases of the construction to protect any such facilities which may be entitled affected by the work. Any damage to additional compensation nor time extensions for work necessary to avoid interferences nor for repair to damaged utilities if the Contractor does not expose all such existing utilities as shall be repaired at the Contractor's expense. B. The Contractor shall be required to cooperate with all utility companies involved in connection with the removal, temporary relocation, reconstruction, or abandonment by these agencies of any and all services or facilities owned or operated by them within the limits of this section. After the improvement. C. Before doing any work which will damage, disturb, or leave unsupported or unprotected any utility survey is completelines or appurtenances encountered, the Contractor shall commence “potholing” notify the respective owner thereof, who shall make all arrangements for relocating, adjusting, or hand digging otherwise maintaining or abandoning service to determine the actual location Contractor, including the removal of all cables, valve boxes, manhole covers, and other appurtenances which the owner desires to salvage. After such arrangements have been made, the Contractor shall proceed with the work as directed by the Village. All utility lines and appurtenances which are abandoned by the Village shall be removed and disposed of by the Contractor, if it is possible, without damaging existing utilities, and with the approval of the pipe, ductrespective agency. D. No extra compensation shall be allowed the Contractor for any expense incurred by complying with these requirements, or conduit. Contractor shall notify CITY before starting potholing operationsbecause of delays, inconvenience, or interruptions in the contractor's work resulting from the failure of any utility company to remove, relocate, reconstruct, or abandon their services. The Contractor shall uncover all piping responsibility for the prompt and conduits to a point one (1) foot below the pipetimely removal, where crossingsrelocation, interferencesreconstruction, or connections are shown on abandonment of their facilities by all utility companies involved, and the Drawings, prior to trenching or excavating for any pipe or structures, to determine actual elevations. New pipelines shall be laid to such grade as to clear all existing facilities which are to remain in service for any period subsequent coordination of the Contractor’s own work with that of these agencies to the construction end that work on this improvement is not delayed because of necessary changes in the run of pipe involved. The existing utilities, public or private, shall rest upon the Contractor’s attention is directed to the requirements of Government Code section 4216.2 (a)(2) which provides: “When the excavation is proposed within 10 feet of a high priority subsurface installation, the operator of the high priority subsurface installation shall notify the excavator of the existence of the high priority subsurface installation prior to the legal excavation start date and time, as such date and time are authorized pursuant to paragraph (1) of subdivision (a) of section 4216.

Appears in 1 contract

Samples: Contract for Mowing Services

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Existing Utilities. The location Pursuant to Government Code section 4215, the District assumes the responsibility for removal, relocation, and protection of known existing utilities and pipelines are shown located on the Plans Site at the time of commencement of Construction Work under this Contract with respect to any such utility facilities which are not identified in their approximate locationsthe drawings and specifications made part of the invitation to bid. HoweverThe ESCO shall not be assessed for liquidated damages for delay caused by failure of the District to provide for removal or relocation of such utility facilities. District shall compensate ESCO for the costs of locating, nothing herein repairing damage not due to the failure of ESCO to exercise reasonable care, removing or relocating such utility facilities, and for equipment necessarily idle during such Work. When required by the scope of the Project, the District will furnish, at its expense, a legal description or a land survey of the Site, giving, as applicable, grades and lines of streets, alleys, pavements, adjoining property, rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries, and contours of the site. Surveys to determine locations of Construction Work on Site shall be deemed to require CITY provided by ESCO. Any test borings and soils reports for the Project have been made for the District to indicate the presence of existing service laterals or appurtenances whenever subsurface materials that might be encountered at particular locations on the presence Project. The District has made these documents available to ESCO and ESCO has studied the results of such utilities on test borings and information that it has as to the site subsurface conditions and Site geology as set forth in the test borings and soils reports. The District does not assume any responsibility whatsoever with respect to the sufficiency or accuracy of the Project can be inferred from borings made, or of the presence logs of the test borings, or of other visible facilitiesinvestigations, or of the soils reports furnished pursuant hereto, or of the interpretations to be made beyond the location or depth of the borings. There is no warranty or guarantee, either express or implied that the conditions indicated by such as buildingsinvestigations, cleanoutsborings, meter and junction boxeslogs, on soil reports or adjacent to other information are representative of those existing throughout the site of the Project. Underground facilities not known to CITY may exist, or be in a location different from any part thereof, or that which is shown unforeseen developments may not occur. At the District’s request, ESCO shall make available to the District the results of any Site investigation, test borings, analyses, studies or other tests conducted by or in the Contract Documentspossession of ESCO of any of its agents. Contractor Nothing herein contained shall take all steps reasonably necessary be deemed a waiver by ESCO to ascertain pursue any available legal right or remedy it may have at any time against any third party who may have prepared any report and/or test relied upon by ESCO. The ESCO may rely upon the exact location accuracy of all underground facilities prior to doing work that may damage such facilities or interfere with their service, including but not limited to calling Underground Service Alert to locate utilities in accordance with the procedures described in Government Code section 4215 et seq. Contractor shall protect from damage any utility facilities services or site survey information that are the District may provide, except that ESCO may not rely upon and must question in writing to remain in placethe District any information which appears incorrect based upon ESCO’s Site inspection, be installed, relocated or otherwise rearranged. The Contractor shall not be entitled to additional compensation nor time extensions for work necessary to avoid interferences nor for repair to damaged utilities if the Contractor does not expose all such existing utilities as required by this section. After the utility survey is complete, the Contractor shall commence “potholing” or hand digging to determine the actual location knowledge of the pipeWork, ductand prior experience with similar projects, or conduit. Contractor shall notify CITY before starting potholing operations. The Contractor shall uncover all piping and conduits to a point one (1) foot below unless specifically stated in writing that ESCO may rely upon the pipe, where crossings, interferences, or connections are shown on the Drawings, prior to trenching or excavating for any pipe or structures, to determine actual elevations. New pipelines shall be laid to such grade as to clear all existing facilities which are to remain in service for any period subsequent to the construction of the run of pipe involved. The Contractor’s attention is directed to the requirements of Government Code section 4216.2 (a)(2) which provides: “When the excavation is proposed within 10 feet of a high priority subsurface installation, the operator of the high priority subsurface installation shall notify the excavator of the existence of the high priority subsurface installation prior to the legal excavation start date and time, as such date and time are authorized pursuant to paragraph (1) of subdivision (a) of section 4216designated information.

Appears in 1 contract

Samples: Turnkey Design and Construction Energy Services Agreement

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