SECTIONS 4215 - California Statutes

GOVERNMENT CODE

SECTION 4215

4215. In any contract to which a public agency as defined in
Section 4401 is a party, the public agency shall assume the
responsibility, between the parties to the contract, for the timely
removal, relocation, or protection of existing main or trunkline
utility facilities located on the site of any construction project
that is a subject of the contract, if such utilities are not
identified by the public agency in the plans and specifications made
a part of the invitation for bids. The contract documents shall
include provisions to compensate the contractor for the costs of
locating, repairing damage not due to the failure of the contractor
to exercise reasonable care, and removing or relocating such utility
facilities not indicated in the plans and specifications with
reasonable accuracy, and for equipment on the project necessarily
idled during such work. The contract documents shall include
provisions that the contractor shall not be assessed liquidated
damages for delay in completion of the project, when such delay was
caused by the failure of the public agency or the owner of the
utility to provide for removal or relocation of such utility
facilities.
Nothing herein shall be deemed to require the public agency to
indicate the presence of existing service laterals or appurtenances
whenever the presence of such utilities on the site of the
construction project can be inferred from the presence of other
visible facilities, such as buildings, meter and junction boxes, on
or adjacent to the site of the construction; provided, however,
nothing herein shall relieve the public agency from identifying main
or trunklines in the plans and specifications.
Nothing herein shall preclude the public agency from pursuing any
appropriate remedy against the utility for delays which are the
responsibility of the utility.
Nothing herein shall be construed to relieve the utility from any
obligation as required either by law or by contract to pay the cost
of removal or relocation of existing utility facilities.
If the contractor while performing the contract discovers utility
facilities not identified by the public agency in the contract plans
or specifications, he shall immediately notify the public agency and
utility in writing.
The public utility, where they are the owner, shall have the sole
discretion to perform repairs or relocation work or permit the
contractor to do such repairs or relocation work at a reasonable
price.