Common use of Relocation and Replacement of Existing Structures Clause in Contracts

Relocation and Replacement of Existing Structures. Whenever the Contractor encounters certain existing structures as described below and is so ordered in writing, he shall do the whole or such portions of the work as he may be directed, to change the location of, remove and later restore, replace such structures, or to assist the owner thereof in so doing. For all such work the Contractor shall be paid under such items of work as may be applicable, other as Extra Work. In removing existing pipes or other structures, the Contractor shall use care to avoid damage to materials, and the Engineer shall include for payment only those new materials which, in his judgment, are necessary to replace those unavoidably damaged. The structures to which the provisions of the preceding two paragraphs shall apply include pipes, wires and other structures which meets all of the following: (a) are not indicated on the drawings otherwise provided for, (b) encroach upon or are encountered near and substantially parallel to the edge of the excavation, and (c) in the opinion of the Engineer will impede progress to such an extent that satisfactory construction cannot proceed until they have been changed in location, removed (to be later restored), or replaced. When fences interfere with the Contractor’s operations, he shall remove and (unless otherwise specified) later restore them to at least as good condition as that in which they were found immediately before the work was begun, all without additional compensation. The restoration of fences shall be done as promptly as possible and not left until the end of the construction period.