AGREEMENT between BROWARD COUNTY and Cummings ...

DIVISION 1 SPECIFICATIONS
SECTION 01545 UTILITIES
Exhibit 2
Page 316 of 379
C. The COUNTY reserves the right to authorize the construction, reconstruction, or
maintenance of any public or private utility service at any time during the
progress of the Work.
D. Except as listed in the Contract Documents, the CONTRACTOR shall not permit
any individual, firm, or corporation to excavate or otherwise disturb such utility
services or FAA facilities located within the limits of the Work without the written
permission of the CPM.
E. Should the COUNTY, public or private utility service, FAA, or NOAA facilities or a
utility service of another government agency be authorized to construct,
reconstruct, or maintain such utility service during the progress of the Work, the
CONTRACTOR shall cooperate with such utility service facility by arranging and
performing the Work in this Contract so as to facilitate such work by others. In
addition, the CONTRACTOR shall control his operations to prevent the
unscheduled interruption of such utility services, FAA facility and other facilities.
It is understood and agreed that the CONTRACTOR shall not be entitled to make
any claim due to such authorized construction by others or for any delay to the
Work resulting from such authorized construction, The CONTRACTOR shall
coordinate all Work with all utility services, FAA facility, or other facility.
F. To the extent that such public or private utility services, FAA or NOAA facilities,
or utility services of another governmental agency are known to exist within the
limits of the Contract Work, the approximate locations have been indicated on the
Drawings.
G. It is understood and agreed that the COUNTY does not guarantee the accuracy
or the completeness of the location information relating to existing utility services,
FAA facilities or structures that may be shown on the Drawings or encountered in
the Work. Any inaccuracy or omission in such information will not relieve the
CONTRACTOR of his responsibility to protect such existing features indicated to
remain, from damage or unscheduled interruption of service.
H. Failure of the CONTRACTOR to properly coordinate in advance, Work and/or
repairs on or near existing utilities, shall be cause for the CPM to suspend the
CONTRACTOR’s operations in the vicinity of such utilities.
I. If damage occurs to any utilities as a result of negligence by the CONTRACTOR
or SUBCONTRACTOR, the CONTRACTOR will be assessed a fee of $2,000
liquidated damages per cut per cable, line or strand. The liquidated damages
assessed will only represent the expense incurred by the COUNTY in
coordinating the repair, and will not prevent the COUNTY or others from
recovering from the CONTRACTOR other costs, damages, or expenses of any
other nature incurred on account of damages to utilities.
J. Should the CONTRACTOR damage or interrupt the operation of a utility service
or FAA facility by accident or otherwise, he shall immediately notify the proper
utility service or FAA facility and the CPM and shall take all reasonable measures
Section 01545 Utilities Page 111