Common use of INVESTIGATION AND UTILITIES Clause in Contracts

INVESTIGATION AND UTILITIES. A. Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work-site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. B. Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub-Section 7.B. as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. Relocation or shutdown of County facilities must be requested by the Contractor in writing a minimum of ten (10) calendar days prior to the proposed Work. The County shall have the final decision with respect to whether the relocation or shutdown is required and when the relocation or shutdown of facilities may take place. The Work may need to be performed at night or on weekends to minimize the interruption of service or to meet the operational needs of the County's facilities.

Appears in 2 contracts

Sources: Construction Agreement, Construction Agreement

INVESTIGATION AND UTILITIES. A. Contractor 2.1. Construction Manager shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, legal disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work-site and the project Project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor Construction Manager to acquaint itself with any applicable conditions shall not relieve Contractor Construction Manager from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. B. Contractor 2.2. Construction Manager shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub-Section 7.B. 2 as the "Utilities". Contractor .” Construction Manager shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor Construction Manager shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor Construction Manager shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. 2.3. Relocation If during the performance of the Work, Construction Manager or shutdown of County any subcontractor, sub- subcontractor, agent, employee or anyone else for whom Construction Manager is legally liable, causes a disruption to any Utilities service to other facilities must be requested by or customers within the Contractor in writing a minimum of ten (10) calendar days prior Project area, Construction Manager shall take all actions necessary and required to the proposed Workimmediately restore such Utilities service. The County If Construction Manager fails to take such immediate actions Owner shall have the final decision with respect right to whether take whatever actions it deems necessary and required to immediately restore the relocation or shutdown is required disrupted services, and when the relocation or shutdown all costs incurred by Owner as a result thereof shall be reimbursed to Owner by Construction Manager within five (5) business days of facilities may take place. The Work may need to be performed at night or on weekends to minimize the interruption of service or to meet the operational needs of the County's facilitieswritten demand for same from Owner.

Appears in 1 contract

Sources: Construction Management Contract

INVESTIGATION AND UTILITIES. A. 2.1. Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work-site and the project Project area as a whole; topography and ground surface conditions; nature and quantity quality of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. B. 2.2. Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub-Section 7.B. 2 as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Where Utilities block construction, Contractor shall aggressively pursue relocation by the Utility owners. Contractor shall immediately notify the County of any delays due to Utilities blockage and document all attempts to resolve such blockage. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. Relocation or shutdown of County facilities must be requested by the Contractor in writing a minimum of ten (10) calendar days prior to the proposed Work. The County shall have the final decision with respect to whether the relocation or shutdown is required and when the relocation or shutdown of facilities may take place. The Work may need to be performed at night or on weekends to minimize the interruption of service or to meet the operational needs of the County's facilities.

Appears in 1 contract

Sources: Construction Contract

INVESTIGATION AND UTILITIES. A. Contractor 2.1 Construction Manager shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, legal disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work-site and the project Project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor Construction Manager to acquaint itself with any applicable conditions shall not relieve Contractor Construction Manager from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. B. Contractor 2.2 Construction Manager shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub-Section 7.B. 2 as the "Utilities". Contractor Construction Manager shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor Construction Manager shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor Construction Manager shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. 2.3 If during the performance of the Work, Construction Manager or any subcontractor, sub-subcontractor, agent, employee or anyone else for whom Construction Manager is legally liable, causes a disruption to any Utilities service to other facilities or customers within the Project area, Construction Manager shall take all actions necessary and required to immediately restore such Utilities service. Relocation or shutdown of County facilities must be requested by the Contractor in writing a minimum of ten (10) calendar days prior If Construction Manager fails to the proposed Work. The County take such immediate actions Owner shall have the final decision with respect right to whether take whatever actions it deems necessary and required to immediately restore the relocation or shutdown is required disrupted services, and when the relocation or shutdown all costs incurred by Owner as a result thereof shall be reimbursed to Owner by Construction Manager within five (5) business days of facilities may take place. The Work may need to be performed at night or on weekends to minimize the interruption of service or to meet the operational needs of the County's facilitieswritten demand for same from Owner.

Appears in 1 contract

Sources: Construction Management Agreement

INVESTIGATION AND UTILITIES. A. Contractor shall have the sole responsibility of 2.1 Construction Manager is responsible for reasonably satisfying itself concerning as to the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, legal disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work-site and the project Project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor Construction Manager to acquaint itself with any applicable conditions shall not relieve Contractor Construction Manager from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. B. Contractor 2.2 Construction Manager shall take reasonable steps to locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub-Section 7.B. 2 as the "Utilities". Contractor Construction Manager shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during interrupting; however, in the construction event a Utility causes an increase in the Construction Manager’s time and/or cost to perform the Work (and such impact is not due to a negligent act or omission of Construction Manager), Construction Manager will be entitled to a Change Order equitably adjusting the ProjectContract Time and/or Contract Amount. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor Construction Manager shall be responsible for properly shoring, supporting supporting, and protecting all Utilities at all times during the course of the Work. 2.3 If during the performance of the Work, Construction Manager or any subcontractor, sub- subcontractor, agent, employee or anyone else for whom Construction Manager is legally liable, causes a disruption to any Utilities service to other facilities or customers within the Project area, Construction Manager shall take all actions necessary and required to immediately restore such Utilities service. Relocation or shutdown of County facilities must be requested by the Contractor in writing a minimum of ten (10) calendar days prior If Construction Manager fails to the proposed Work. The County take such immediate actions Owner shall have the final decision with respect right to whether take whatever actions it deems necessary and required to immediately restore the relocation or shutdown is required disrupted services, and when the relocation or shutdown all costs incurred by Owner as a result thereof shall be reimbursed to Owner by Construction Manager within five (5) business days of facilities may take place. The Work may need to be performed at night or on weekends to minimize the interruption of service or to meet the operational needs of the County's facilitieswritten demand for same from Owner.

Appears in 1 contract

Sources: Construction Manager at Risk Contract

INVESTIGATION AND UTILITIES. A. 2.1 Construction Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, legal disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work-site and the project Project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Construction Contractor to acquaint itself with any applicable conditions shall not relieve Construction Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. B. 2.2 Construction Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub-Section 7.B. 2 as the "Utilities". Construction Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Construction Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Construction Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. 2.3 If during the performance of the Work, Construction Contractor or any subcontractor, sub-subcontractor, agent, employee or anyone else for whom Construction Contractor is legally liable, causes a disruption to any Utilities service to other facilities or customers within the Project area, Construction Contractor shall take all actions necessary and required to immediately restore such Utilities service including immediate notification of utility service provider. Relocation or shutdown of County facilities must be requested by the If Construction Contractor in writing a minimum of ten (10) calendar days prior fails to the proposed Work. The County take such immediate actions Owner shall have the final decision with respect right to whether take whatever actions it deems necessary and required to immediately restore the relocation or shutdown is required disrupted services, and when the relocation or shutdown all costs incurred by Owner as a result thereof shall be reimbursed to Owner by Construction Contractor within five (5) business days of facilities may take place. The Work may need to be performed at night or on weekends to minimize the interruption of service or to meet the operational needs of the County's facilitieswritten demand for same from Owner.

Appears in 1 contract

Sources: Construction Management Contract

INVESTIGATION AND UTILITIES. A. Contractor Design Builder shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, legal disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work-site and the project Project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor Design Builder to acquaint itself with any applicable conditions shall not relieve Contractor Design Builder from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. B. Contractor . Design Builder shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub-Section 7.B. 2 as the "Utilities". Contractor Design Builder shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor Design Builder shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor Design Builder shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. Relocation If during the performance of the Work, Design Builder or shutdown of County any subcontractor, sub-subcontractor, subconsultant, agent, employee or anyone else for whom Design Builder is legally liable, causes a disruption to any Utilities service to other facilities must be requested by or customers within the Contractor in writing a minimum of ten (10) calendar days prior Project area, Design Builder shall take all actions necessary and required to the proposed Workimmediately restore such Utilities service. The County If Design Builder fails to take such immediate actions Owner shall have the final decision with respect right to whether take whatever actions it deems necessary and required to immediately restore the relocation or shutdown is required disrupted services, and when the relocation or shutdown all costs incurred by Owner as a result thereof shall be reimbursed to Owner by Design Builder within five (5) business days of facilities may take place. The Work may need to be performed at night or on weekends to minimize the interruption of service or to meet the operational needs of the County's facilitieswritten demand for same from Owner.

Appears in 1 contract

Sources: Project Design Build Contract