52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements
Source: FAR 52.236-9 on acquisition.gov
Contractors must protect and promptly repair any damage to existing vegetation, structures, equipment, and utilities at or near the work site, or risk being charged for government-performed repairs.
Overview
FAR 52.236-9 requires contractors to protect all existing vegetation, structures, equipment, utilities, and improvements at or near the work site that are not designated for removal. The clause mandates that contractors avoid unnecessary removal or damage to trees, shrubs, grass, and other features, and to take special care when working near existing improvements and utilities, including those on adjacent third-party property. If damage occurs due to contractor negligence or failure to comply, the contractor must promptly repair the damage or risk the government performing the repairs at the contractor’s expense.
Key Rules
- Protection of Existing Features
- Contractors must preserve and protect all vegetation, structures, equipment, and utilities not marked for removal and avoid unnecessary damage.
- Tree and Vegetation Care
- Trees may only be removed with specific authorization; damaged limbs must be trimmed cleanly and treated as directed by the Contracting Officer.
- Protection of Improvements and Utilities
- Contractors must protect all improvements and utilities at or near the site, including those on adjacent third-party property, and repair any damage caused by their work or negligence.
- Repair Obligations
- If the contractor fails to repair damage promptly, the government may do so and charge the contractor for the costs.
Responsibilities
- Contracting Officers: Specify which features must be protected, authorize tree removal, and direct corrective actions for damaged vegetation.
- Contractors: Prevent damage to existing features, repair any damage caused, and follow all instructions regarding vegetation care.
- Agencies: Oversee compliance and enforce repair or cost recovery if the contractor fails to act.
Practical Implications
- This clause ensures the preservation of valuable site features and minimizes disruption to surrounding property and utilities during construction. Contractors must plan work carefully, communicate with the Contracting Officer, and promptly address any accidental damage. Failure to comply can result in additional costs and potential disputes.
As prescribed in 36.509 , insert the following clause:
Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (Apr 1984)
(a) The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or adjacent to the work site, which are not to be removed and which do not unreasonably interfere with the work required under this contract. The Contractor shall only remove trees when specifically authorized to do so, and shall avoid damaging vegetation that will remain in place. If any limbs or branches of trees are broken during contract performance, or by the careless operation of equipment, or by workmen, the Contractor shall trim those limbs or branches with a clean cut and paint the cut with a tree-pruning compound as directed by the Contracting Officer.
(b) The Contractor shall protect from damage all existing improvements and utilities (1)at or near the work site, and (2)on adjacent property of a third party, the locations of which are made known to or should be known by the Contractor. The Contractor shall repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor.
(End of clause)