Where, in the course of carrying out the works, the Contractor encounters bench-marks indicating the course of underground cables, conduits and installations, he shall keep such bench-marks in position or replace them, should execution of the works have necessitated their temporary removal. Such related operations require the authorization of the Engineer.
The Contractor shall be responsible for the preservation, removal and replacement, as the case may be, of the cables, conduits and installations specified by the Public Body in the contract and for the cost thereof.
Where the presence of cables, conduits and installations has not been specified in the contract but is revealed by bench-marks and references, the Contractor shall be under a general duty of care and similar obligations regarding preservation, removal and replacement to those set out above. In this case, the Public Body shall compensate him for expenditure, to the extent that such work is necessary for the execution of the contract.
However, the obligations to remove and replace cables, conduits and installations and the expenditure resulting therefrom shall not be the responsibility of the Contractor if the Public Body decides to accept that responsibility. The same shall apply where this obligation and the expenditure resulting therefrom devolve upon another specialist administration or an agent.
When any work on the site is likely to cause disturbances in or damage to a public utility service, the Contractor shall immediately inform the Engineer in writing, giving a reasonable period of notice so that suitable measures can be taken in time to allow work to continue normally.
Setting-out of the Works
The Contractor shall be responsible for:
(ssssssss)the accurate setting-out of the Works in relation to original marks, lines and levels of reference given by the Engineer;
(tttttttt)the correctness, of the position, levels, dimensions and alignment of all parts of the Works; and
(uuuuuuuu)the provision of all necessary instruments, appliances and labor in connection with the foregoing responsibilities.
If, at any time during the execution of the Works, any error appears in the position, levels, dimensions or alignment of any part of the Works, the Contractor, shall, if the Engineer so requires, at the Contractor's cost, rectify such error to the satisfaction of the Engineer, unless such error is based on incorrect data supplied by the Engineer, in which case the Public Body shall be responsible for the cost of rectification.
The checking of any setting-out or of any line or level by the Engineer shall not in any way relieve the Contractor of his responsibility for the accuracy thereof and the Contractor shall carefully protect and preserve all bench-marks, sight-rails, pegs and other items used in setting-out the Works.
