Common use of Utility Facilities on Project Site Clause in Contracts

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.

Appears in 4 contracts

Samples: Construction Manager at Risk Construction Contract, Risk Construction Agreement, Construction Manager at Risk Construction Contract

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Utility Facilities on Project Site. If XXXX Contractor discovers unidentified utilities, XXXX Contractor shall immediately notify Owner County and the utility Owner owner in writing. Pursuant to Government Code Section 4215, XXXX Contractor shall be compensated for the costs of locating and repairing damage not due to failure of XXXX Contractor 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 Contractor's equipment necessarily idled during such work. XXXX Contractor shall not be assessed Liquidated Damages for delay in completion of the work if such delay was caused by the failure of Owner County or utility Owner 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.

Appears in 2 contracts

Samples: Sidewalk Extension, cams.ocgov.com

Utility Facilities on Project Site. If XXXX D-BE discovers unidentified utilities, XXXX D-BE shall immediately notify Owner and the utility Owner owner in writing. Pursuant to Government Code Section 4215, XXXX D-BE shall be compensated for the costs of locating and repairing damage not due to failure of XXXX D-BE 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 D-BE's equipment necessarily idled during such work. XXXX D-BE shall not be assessed Liquidated Damages for delay in completion of the work if such delay was caused by the failure of Owner or the utility Owner 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.

Appears in 1 contract

Samples: Construction Services Contract

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Utility Facilities on Project Site. If XXXX D-BE discovers unidentified utilities, XXXX D-BE shall immediately notify Owner OWNER and the utility Owner owner in writing. Pursuant to Government Code Section 4215, XXXX D-BE shall be compensated for the costs of locating and repairing damage not due to failure of XXXX D- BE 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 D-BE's equipment necessarily idled during such work. XXXX D-BE shall not be assessed Liquidated Damages for delay in completion of the work if such delay was caused by the failure of Owner or the utility Owner 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.

Appears in 1 contract

Samples: cams.ocgov.com

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