Common use of Utilities - Removal and Restoration Clause in Contracts

Utilities - Removal and Restoration. A. The CONTRACTOR agrees and is required to coordinate and fully cooperate with the DISTRICT and utility owners for the location, relocation, and protection of utilities. The CONTRACTOR's attention is directed to the existence of utilities, underground and overhead, necessary for normal house and commercial service for all buildings along the line of work. The CONTRACTOR shall make arrangements with utility owners for the location of house and commercial services lines in advance of the actual construction and for the relocation of such facilities, if necessary, by the utility owner or the CONTRACTOR. B. Pursuant to Government Code section 4215, DISTRICT assumes the responsibility for removal, relocation and protection of utilities located on the construction site at the time of commencement of construction under this Contract with respect to any utility facilities which are not identified in the plans and specifications. CONTRACTOR shall notify the DISTRICT a minimum of forty-eight (48) hours (two District business days) in advance of all trenching and earthwork. CONTRACTOR shall notify and receive clearance from any cooperative agency, including but not limited to Underground Service Alert (“USA”), in accordance with Government Code section 4216, et seq., and marking all proposed excavation/trenches in white paint prior to submitting DISTRICT form titled, Notice of Start/Request for Location of District Utilities (Attachment B). CONTRACTOR shall promptly provide a copy of all such notifications to the DISTRICT. CONTRACTOR shall review DISTRICT as-built drawings. CONTRACTOR shall not be assessed liquidated damages for delay in completion of the project, when such delay was caused by the failure of the DISTRICT or the owner of the utility to provide for removal or relocation of such utility facilities DISTRICT shall compensate CONTRACTOR for the costs of locating, repairing damage not due to the failure of CONTRACTOR to exercise reasonable care, and removing or relocating utility facilities not indicated in the plans and specifications with reasonable accuracy, and for equipment on the project necessarily idled during such work. Repair and or compensation for repair of marked utilities is the responsibility of the party responsible for said damage. The DISTRICT retains the right to either self-perform repairs or require the CONTRACTOR to complete repairs. If CONTRACTOR is at fault, applicable payment for the repair will be deducted from payment of the contract. Nothing herein shall be construed to preclude assessment against the CONTRACTOR for any other delays in completion of the Work. Nothing herein 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, or meter junction boxes on or adjacent to the Site; provided, however, nothing herein shall relieve the DISTRICT from identifying main or trunk lines in the plans and specifications. C. If while performing work under this Contract, CONTRACTOR discovers utility facilities not identified by DISTRICT in the Contract plans or specifications, CONTRACTOR shall immediately notify in writing the DISTRICT and the utility. CONTRACTOR may not rely upon and must question in writing to the DISTRICT and the ARCHITECT/ENGINEER any information which appears incorrect based upon CONTRACTOR's Site inspection, knowledge of the Project, and prior experience with similar projects), unless specifically stated in writing that the CONTRACTOR may rely upon the designated information. D. No time extensions will be granted for utility work that, in DISTRICT’s opinion, can proceed concurrently with the Work of this Contract. E. It is understood and agreed that the failure of the CONTRACTOR or its subcontractor to comply fully with these provisions or California Government Code section 4215, et seq., constitutes failure of the CONTRACTOR to exercise reasonable care and precludes CONTRACTOR’s recovery from DISTRICT for any related costs or damages.