Utility Facilities on Project Site. If XXXX discovers unidentified utilities, XXXX shall immediately notify Owner and the utility Owner in writing. Pursuant to Government Code Section 4215, XXXX shall be compensated for the costs of locating and repairing damage not due to failure of XXXX to exercise reasonable care, and of removing or relocating main or trunk line utilities located on the site and not identified in the Contract Documents with reasonable accuracy. Such compensation shall also cover the cost of XXXX'x equipment necessarily idled during such work. XXXX shall not be assessed Liquidated Damages for delay in completion of the work if such delay was caused by the failure of Owner or utility Owner to provide for removal or relocation of such utilities. This provision shall not be deemed to require compensation or excuse of Liquidated Damages when the presence of existing service laterals or appurtenances can be inferred from the presence of visible facilities such as buildings, meters, and junction boxes on or adjacent to the construction site.
Utility Facilities on Project Site. If CM discovers unidentified utilities, CM shall immediately notify County and the utility County in writing. Pursuant to Government Code Section 4215, CM shall be compensated for the costs of locating and repairing damage not due to failure of CM to exercise reasonable care, and of removing or relocating main or trunk line utilities located on the site and not identified in the Contract Documents with reasonable accuracy. Such compensation shall also cover the cost of CM's equipment necessarily idled during such work. CM shall not be assessed Liquidated Damages for delay in completion of the work if such delay was caused by the failure of County or utility County to provide for removal or relocation of such utilities. This provision shall not be deemed to require compensation or excuse of Liquidated Damages when the presence of existing service laterals or appurtenances can be inferred from the presence of visible facilities such as buildings, meters, and junction boxes on or adjacent to the construction site.
