Common use of Underground Facilities Clause in Contracts

Underground Facilities. 1. Before commencing work of digging trenches or excavation, Contractor shall review all information available regarding subsurface conditions, including but not limited to information generated by or on behalf of the Contractor, County information and other information reasonably available to Contractor, and subject to the terms and conditions of these documents, Contractor shall also comply with Government Code Sections 4216 to 4216.9, and in particular Section 4216.2 which provides, in part: “Except in an emergency, every person planning to conduct any excavation shall contact the appropriate regional notification center at least two working days, but no more than 14 calendar days, prior to commencing that excavation, if the excavation will be conducted in an area which is known, or reasonably should be known, to contain subsurface installations other than the underground facilities owned or operated by the excavator, and, if practical, the excavator shall delineate with white paint or other suitable markings the area to be excavated. The regional notification center shall provide an inquiry identification number to the person who contacts the center and shall notify any member, if known, who has a subsurface installation in the area of the proposed excavation.” 2. Contractor shall contact USA, and schedule the Work to allow ample time for the center to notify its members and, if necessary, for any member to field locate and xxxx its facilities. Contractor is charged with knowledge of all subsurface conditions reflected in USA records. Prior to commencing excavation or trenching work, Contractor shall provide County with copies of all USA records secured by Contractor. Contractor shall advise County of any conflict between information the County provided, the Drawings and that provided by USA records. Contractor’s excavation shall be subject to and comply with the Contract, including without limitation Sections 1.02 and 1.08.D of this Contract. 3. In the case of any Underground Facilities that are located on County property and are used to furnish services on County property or are under the operation and control of the County, or in any other case in which the USA does not provide an inquiry notification number and notify its members that have subsurface installations of the area of the proposed excavation, then the Contractor shall be fully responsible for locating the Underground Facilities and protecting such Underground Facilities during excavation. In locating the Underground Facilities, Contractor shall investigate all records available at the County and all other records available to it relative to the location of such Underground Facilities and shall make use of all necessary industry locating techniques and/or engage qualified locating service to perform such services for the Contractor. The Contractor shall undertake no excavation Work until such time that the Underground Facilities are located and field marked or determined not to be in the area of excavation. Thereafter, subject to any further requirements in the Contract, Contractor shall determine the exact location of the Underground Facilities by excavating with hand tools within the area of the location of the Underground Facilities. Contractor shall provide the County with adequate prior written notice of its proposed excavation work in an area containing County owned Underground Facilities, and shall submit for the County's approval its plan for locating and protecting the Underground Facility from damage due to the excavation work. The County's favorable review of such plan shall in no way limit or restrict the responsibility of the Contractor under the Contract and at law and Contractor shall not rely on the County's review as a representation of the location of the Underground Facility, the suitability of the plan or its compliance with law. 4. The cost of all of the following will be included in the Contract Sum and Contractor shall have full responsibility for (a) reviewing and checking all available information and data including described in Section 1.01(A)(2) and information on file at USA; (b) locating all Underground Facilities shown or indicated in the Contract, available information, or indicated by visual observation including, but not limited to, and by way of example only, engaging qualified locating services and all necessary backhoeing and potholing; (c) coordination of the Work with the owners of such Underground Facilities during construction; and (d) the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. 5. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated in the materials generated by or on behalf of the Contractor, or those supplied by County or in information on file at USA or is otherwise NOT reasonably available to Contractor, then Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby (and in no event later than seven (7) days), and prior to performing any Work in connection therewith (except in an emergency as required by Section 1.16.D of this Contract), identify the owner of such Underground Facility and give written notice to that owner and to County. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 6. Contractor shall be allowed an increase in the Contract Sum or an extension of the Contract Time, or both, to the extent that they are attributable to the existence of any Underground Facility only where the Underground Facility: a. Was not shown or indicated in the Contract or in the information as described in Section 1.01.A.2 or in information on file at USA; and b. Contractor did not know of it; and c. Contractor could not reasonably have been expected to be aware of it or to have anticipated it from the information available or from information generated by or on behalf of the Contractor. 7. Underground Facilities are inherent in construction involving digging of trenches or other excavations and Contractor is to apply its skill and industry to verify the information available. Underground Facilities are often in different locations and elevations than existing information indicates, and such differences shall constitute a differing site condition only if such difference is clearly material and is not discoverable through diligent investigation.

Underground Facilities. 1. Before commencing work of digging trenches or excavation, Contractor shall review all information available regarding subsurface conditions, including but not limited to information generated by or on behalf of the Contractor, County information and other information reasonably available to Contractor, and subject to the terms and conditions of these documents, Contractor shall also comply with Government Code Sections 4216 to 4216.9, and in particular Section 4216.2 which provides, in part: “Except in an emergency, every person planning to conduct any excavation shall contact the appropriate regional notification center at least two working days, but no more than 14 calendar days, prior to commencing that excavation, if the excavation will be conducted in an area which is known, or reasonably should be known, to contain subsurface installations other than the underground facilities owned or operated by the excavator, and, if practical, the excavator shall delineate with white paint or other suitable markings the area to be excavated. The regional notification center shall provide an inquiry identification number to the person who contacts the center and shall notify any member, if known, who has a subsurface installation in the area of the proposed excavation.” 2. Contractor shall contact USA, and schedule the Work to allow ample time for the center to notify its members and, if necessary, for any member to field locate and xxxx mark its facilities. Contractor is charged with knowledge of all subsurface conditions reflected in USA records. Prior to commencing excavation or trenching work, Contractor shall provide County with copies of all USA records secured by Contractor. Contractor shall advise County of any conflict between information the County provided, the Drawings and that provided by USA records. Contractor’s excavation shall be subject to and comply with the Contract, including without limitation Sections 1.02 and 1.08.D of this Contract. 3. In the case of any Underground Facilities that are located on County property and are used to furnish services on County property or are under the operation and control of the County, or in any other case in which the USA does not provide an inquiry notification number and notify its members that have subsurface installations of the area of the proposed excavation, then the Contractor shall be fully responsible for locating the Underground Facilities and protecting such Underground Facilities during excavation. In locating the Underground Facilities, Contractor shall investigate all records available at the County and all other records available to it relative to the location of such Underground Facilities and shall make use of all necessary industry locating techniques and/or engage qualified locating service to perform such services for the Contractor. The Contractor shall undertake no excavation Work until such time that the Underground Facilities are located and field marked or determined not to be in the area of excavation. Thereafter, subject to any further requirements in the Contract, Contractor shall determine the exact location of the Underground Facilities by excavating with hand tools within the area of the location of the Underground Facilities. Contractor shall provide the County with adequate prior written notice of its proposed excavation work in an area containing County owned Underground Facilities, and shall submit for the County's approval its plan for locating and protecting the Underground Facility from damage due to the excavation work. The County's favorable review of such plan shall in no way limit or restrict the responsibility of the Contractor under the Contract and at law and Contractor shall not rely on the County's review as a representation of the location of the Underground Facility, the suitability of the plan or its compliance with law. 4. The cost of all of the following will be included in the Contract Sum and Contractor shall have full responsibility for (a) reviewing and checking all available information and data including described in Section 1.01(A)(2) and information on file at USA; (b) locating all Underground Facilities shown or indicated in the Contract, available information, or indicated by visual observation including, but not limited to, and by way of example only, engaging qualified locating services and all necessary backhoeing and potholing; (c) coordination of the Work with the owners of such Underground Facilities during construction; and (d) the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. 5. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated in the materials generated by or on behalf of the Contractor, or those supplied by County or in information on file at USA or is otherwise NOT reasonably available to Contractor, then Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby (and in no event later than seven (7) days), and prior to performing any Work in connection therewith (except in an emergency as required by Section 1.16.D of this Contract), identify the owner of such Underground Facility and give written notice to that owner and to County. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 6. Contractor shall be allowed an increase in the Contract Sum or an extension of the Contract Time, or both, to the extent that they are attributable to the existence of any Underground Facility only where the Underground Facility: a. Was not shown or indicated in the Contract or in the information as described in Section 1.01.A.2 or in information on file at USA; and b. Contractor did not know of it; and c. Contractor could not reasonably have been expected to be aware of it or to have anticipated it from the information available or from information generated by or on behalf of the Contractor. 7. Underground Facilities are inherent in construction involving digging of trenches or other excavations and Contractor is to apply its skill and industry to verify the information available. Underground Facilities are often in different locations and elevations than existing information indicates, and such differences shall constitute a differing site condition only if such difference is clearly material and is not discoverable through diligent investigation.

Underground Facilities. ‌ 1. Before commencing work of digging trenches or excavation, Contractor shall review all information available regarding subsurface conditions, including but not limited to information generated by or on behalf of the Contractor, County information and other information reasonably available to Contractor, and subject to the terms and conditions of these documents, Contractor shall also comply with Government Code Sections 4216 to 4216.9, and in particular Section 4216.2 which provides, in part: “Except in an emergency, every person planning to conduct any excavation shall contact the appropriate regional notification center at least two working days, but no more than 14 calendar days, prior to commencing that excavation, if the excavation will be conducted in an area which is known, or reasonably should be known, to contain subsurface installations other than the underground facilities owned or operated by the excavator, and, if practical, the excavator shall delineate with white paint or other suitable markings the area to be excavated. The regional notification center shall provide an inquiry identification number to the person who contacts the center and shall notify any member, if known, who has a subsurface installation in the area of the proposed excavation.” 2. Contractor shall contact USA, USA and schedule the Work to allow ample time for the center to notify its members and, if necessary, for any member to field locate and xxxx its facilities. Contractor is charged with knowledge of all subsurface conditions reflected in USA records. Prior to commencing excavation or trenching work, Contractor shall provide County with copies of all USA records secured by Contractor. Contractor shall advise County of any conflict between information the County provided, the Drawings and that provided by USA records. Contractor’s excavation shall be subject to and comply with the Contract, including without limitation Sections 1.02 and 1.08.D of this Contract. 3. In the case of any Underground Facilities that are located on County property and are used to furnish services on County property or are under the operation and control of the County, or in any other case in which the USA does not provide an inquiry notification number and notify its members that have subsurface installations of the area of the proposed excavation, then the Contractor shall be fully responsible for locating the Underground Facilities and protecting such Underground Facilities during excavation. In locating the Underground Facilities, Contractor shall investigate all records available at the County and all other records available to it relative to the location of such Underground Facilities and shall make use of all necessary industry locating techniques and/or engage qualified locating service to perform such services for the Contractor. The Contractor shall undertake no excavation Work until such time that the Underground Facilities are located located, and field marked or determined not to be in the area of excavation. Thereafter, subject to any further requirements in the Contract, Contractor shall determine the exact location of the Underground Facilities by excavating with hand tools within the area of the location of the Underground Facilities. Contractor shall provide the County with adequate prior written notice of its proposed excavation work in an area containing County owned Underground Facilities, Facilities and shall submit for the County's approval its plan for locating and protecting the Underground Facility from damage due to the excavation work. The County's favorable review of such plan shall in no way limit or restrict the responsibility of the Contractor under the Contract and at law and Contractor shall not rely on the County's review as a representation of the location of the Underground Facility, the suitability of the plan or its compliance with law. 4. The cost of all of the following will be included in the Contract Sum and Contractor shall have full responsibility for (a) reviewing and checking all available information and data including described in Section 1.01(A)(2) and information on file at USA; (b) locating all Underground Facilities shown or indicated in the Contract, available information, or indicated by visual observation including, but not limited to, and by way of example only, engaging qualified locating services and all necessary backhoeing and potholing; (c) coordination of the Work with the owners of such Underground Facilities during construction; and (d) the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. 5. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated in the materials generated by or on behalf of the Contractor, or those supplied by County or in information on file at USA or is otherwise NOT reasonably available to Contractor, then Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby (and in no event later than seven (7) days), and prior to performing any Work in connection therewith (except in an emergency as required by Section 1.16.D of this Contract), identify the owner of such Underground Facility and give written notice to that owner and to County. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 6. Contractor shall be allowed an increase in the Contract Sum or an extension of the Contract Time, or both, to the extent that they are attributable to the existence of any Underground Facility only where the Underground Facility: a. Was not shown or indicated in the Contract or in the information as described in Section 1.01.A.2 or in information on file at USA; and b. Contractor did not know of it; and c. Contractor could not reasonably have been expected to be aware of it or to have anticipated it from the information available or from information generated by or on behalf of the Contractor. 7. Underground Facilities are inherent in construction involving digging of trenches or other excavations and Contractor is to apply its skill and industry to verify the information available. Underground Facilities are often in different locations and elevations than existing information indicates, and such differences shall constitute a differing site condition only if such difference is clearly material and is not discoverable through diligent investigation.

Underground Facilities. ‌ 1. Before commencing work of digging trenches or excavation, Contractor shall review all information available regarding subsurface conditions, including but not limited to information generated by or on behalf of the Contractor, County information and other information reasonably available to Contractor, and subject to the terms and conditions of these documents, Contractor shall also comply with Government Code Sections 4216 to 4216.9, and in particular Section 4216.2 which provides, in part: “Except in an emergency, every person planning to conduct any excavation shall contact the appropriate regional notification center at least two working days, but no more than 14 calendar days, prior to commencing that excavation, if the excavation will be conducted in an area which is known, or reasonably should be known, to contain subsurface installations other than the underground facilities owned or operated by the excavator, and, if practical, the excavator shall delineate with white paint or other suitable markings the area to be excavated. The regional notification center shall provide an inquiry identification number to the person who contacts the center and shall notify any member, if known, who has a subsurface installation in the area of the proposed excavation.” 2. Contractor shall contact USA, and schedule the Work to allow ample time for the center to notify its members and, if necessary, for any member to field locate and xxxx mark its facilities. Contractor is charged with knowledge of all subsurface conditions reflected in USA records. Prior to commencing excavation or trenching work, Contractor shall provide County with copies of all USA records secured by Contractor. Contractor shall advise County of any conflict between information the County provided, the Drawings and that provided by USA records. Contractor’s excavation shall be subject to and comply with the Contract, including without limitation Sections 1.02 and 1.08.D of this Contract. 3. In the case of any Underground Facilities that are located on County property and are used to furnish services on County property or are under the operation and control of the County, or in any other case in which the USA does not provide an inquiry notification number and notify its members that have subsurface installations of the area of the proposed excavation, then the Contractor shall be fully responsible for locating the Underground Facilities and protecting such Underground Facilities during excavation. In locating the Underground Facilities, Contractor shall investigate all records available at the County and all other records available to it relative to the location of such Underground Facilities and shall make use of all necessary industry locating techniques and/or engage qualified locating service to perform such services for the Contractor. The Contractor shall undertake no excavation Work until such time that the Underground Facilities are located and field marked or determined not to be in the area of excavation. Thereafter, subject to any further requirements in the Contract, Contractor shall determine the exact location of the Underground Facilities by excavating with hand tools within the area of the location of the Underground Facilities. Contractor shall provide the County with adequate prior written notice of its proposed excavation work in an area containing County owned Underground Facilities, and shall submit for the County's approval its plan for locating and protecting the Underground Facility from damage due to the excavation work. The County's favorable review of such plan shall in no way limit or restrict the responsibility of the Contractor under the Contract and at law and Contractor shall not rely on the County's review as a representation of the location of the Underground Facility, the suitability of the plan or its compliance with law. 4. The cost of all of the following will be included in the Contract Sum and Contractor shall have full responsibility for (a) reviewing and checking all available information and data including described in Section 1.01(A)(2) and information on file at USA; (b) locating all Underground Facilities shown or indicated in the Contract, available information, or indicated by visual observation including, but not limited to, and by way of example only, engaging qualified locating services and all necessary backhoeing and potholing; (c) coordination of the Work with the owners of such Underground Facilities during construction; and (d) the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. 5. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated in the materials generated by or on behalf of the Contractor, or those supplied by County or in information on file at USA or is otherwise NOT reasonably available to Contractor, then Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby (and in no event later than seven (7) days), and prior to performing any Work in connection therewith (except in an emergency as required by Section 1.16.D of this Contract), identify the owner of such Underground Facility and give written notice to that owner and to County. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 6. Contractor shall be allowed an increase in the Contract Sum or an extension of the Contract Time, or both, to the extent that they are attributable to the existence of any Underground Facility only where the Underground Facility: a. Was not shown or indicated in the Contract or in the information as described in Section 1.01.A.2 or in information on file at USA; andand‌ b. Contractor did not know of it; and c. Contractor could not reasonably have been expected to be aware of it or to have anticipated it from the information available or from information generated by or on behalf of the Contractor. 7. Underground Facilities are inherent in construction involving digging of trenches or other excavations and Contractor is to apply its skill and industry to verify the information available. Underground Facilities are often in different locations and elevations than existing information indicates, and such differences shall constitute a differing site condition only if such difference is clearly material and is not discoverable through diligent investigation.

Underground Facilities. 1. Before commencing work of digging trenches or excavation, Contractor Developer shall review all information available regarding subsurface conditions, including including, but not limited to to, information generated by or on behalf of the ContractorDeveloper, County County- provided information in the documents identified Exhibit H, and other information reasonably available to ContractorDeveloper, and subject to the terms and conditions of these documents, Contractor Developer shall also comply with State of California Government Code Sections sections 4216 to 4216.9, and in particular Section 4216.2 which provides, in part: “Except in an emergency, every person an excavator planning to conduct any an excavation shall contact notify the appropriate regional notification center of the excavator’s intent to excavate at least two working days, but no and not more than 14 calendar days, prior to commencing before beginning that excavation, if . The date of the notification shall not count as part of the two-working-day notice. If an excavator gives less notice than the legal excavation start date and time and the excavation will be conducted in is not an area which is known, or reasonably should be known, to contain subsurface installations other than the underground facilities owned or operated by the excavator, and, if practicalemergency, the excavator shall delineate with white paint or other suitable markings the area to be excavated. The regional notification center will take the information and provide a ticket, but an operator has until the legal excavation start date and time to respond. However, an excavator and an operator may mutually agree to a different notice and start date. The contact information for operators notified shall provide an inquiry identification number be available to the person who contacts the center and shall notify any member, if known, who has a subsurface installation in the area of the proposed excavationexcavator.” 212.14.1. Contractor Developer shall contact USA, and schedule the Work to allow ample time for the center to notify its members and, if necessary, for any member to field locate and xxxx its facilities. Contractor Developer is charged with knowledge of all subsurface conditions reflected in USA records. Prior to commencing excavation or trenching work, Contractor Developer shall provide County with copies of all USA records secured by ContractorDeveloper. Contractor Developer shall advise County of any conflict between information the County provided, the Specifications, the Drawings and that provided by USA records. ContractorDeveloper’s excavation shall be subject to and comply with the Contractthis Agreement, including without limitation Sections 1.02 Article 2 and 1.08.D of this ContractSection 12.14. 312.14.2. In the case of any Underground Facilities that are located on County property and are used to furnish services on County property or are under the operation and control of the County, or in any other case in which the USA does not provide an inquiry notification number and notify its members that have subsurface installations of the area of the proposed excavation, then the Contractor Developer shall be fully responsible for locating the Underground Facilities and protecting such Underground Facilities during excavation. In locating the Underground Facilities, Contractor Developer shall investigate all records available at the County and all other records available to it relative to the location of such Underground Facilities and shall make use of all necessary industry locating techniques and/or engage qualified locating service to perform such services for the ContractorDeveloper. The Contractor Developer shall undertake no excavation Work until such time that the Underground Facilities are located and field marked or determined not to be in the area of excavation. Thereafter, subject to any further requirements in the Contractthis Agreement, Contractor Developer shall determine the exact location of the Underground Facilities by excavating with hand tools within the area of the location of the Underground Facilities. Contractor Developer shall provide the County with adequate prior written notice of its proposed excavation work in an area containing County County- owned Underground Facilities, and shall submit for the County's approval ’s acceptance its plan for locating and protecting the Underground Facility from damage due to the excavation work. The County's ’s favorable review of such plan shall in no way limit or restrict the responsibility of the Contractor Developer under this Agreement or the Contract responsibility of the Developer to comply with all Legal Requirements, and at law and Contractor Developer shall not rely on the County's ’s review as a representation of the location of the Underground Facility, the suitability of the plan or its compliance with lawthe Legal Requirements. 412.14.3. The cost of all of the following will be included in the Contract Sum Work without additional compensation by County, and Contractor Developer shall have full responsibility for for, (ai) reviewing and checking all available information and data including described in Section 1.01(A)(2) 3.2 and information on file at USA; (bii) locating all Underground Facilities shown or indicated in the Contractthis Agreement, available information, or indicated by visual observation including, but not limited to, and by way of example only, engaging qualified locating services and all necessary backhoeing and potholing; (c) coordination of the Work with the owners of such Underground Facilities during construction; and (d) the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. 512.14.4. If an Underground Facility is uncovered or revealed at or contiguous to the Site which that was not shown or indicated in the materials generated by or on behalf of the ContractorDeveloper, or in those supplied by County or County, in information on file at USA USA, or that is otherwise NOT not reasonably available available, known or knowable to ContractorDeveloper, then Contractor Developer shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby (and in no event later than seven (7) days), and prior to performing any Work in connection therewith (except in an emergency as required by Section 1.16.D 12.6 of this ContractAgreement), identify the owner of such Underground Facility and give written notice to that owner and to County. During such time, Contractor Developer shall be responsible for the safety and protection of such Underground Facility. 612.14.5. Contractor Subject to a Change Order, Developer shall be allowed an increase in payment for the Contract Sum additional cost or an extension of the Contract Agreement Time, or both, to the extent that they the additional cost, or delay in the Project, or both are directly attributable to the existence of any Underground Facility only where the Underground Facility: a. 12.14.5.1. Was not shown or indicated in the Contract this Agreement or in the information as described in Section 1.01.A.2 3.2 or in information on file at USA; and; b. Contractor 12.14.5.2. Developer did not know of it; and c. Contractor 12.14.5.3. Developer could not reasonably have been expected to be aware of it or to have anticipated it from the information available or from information generated by or on behalf of the Contractorthis Agreement. 712.14.6. Underground Facilities are inherent in construction involving digging of trenches or other excavations and Contractor Developer is to apply its skill and industry to verify the information available. Underground Facilities are often in different locations and elevations than existing information indicates, and such differences shall constitute a differing site condition only if such difference is clearly material and is not known, knowable or discoverable through diligent investigation, including, but not limited to, the Due Diligence Period provided to Developer under the PSA. In order to provide an opportunity to diligently investigate the Property, County has provided, as partial consideration for entering into this Agreement, the Developer a Due Diligence Period under the PSA to conduct such investigations.