Common use of Accurate Setting Out Clause in Contracts

Accurate Setting Out. The Contractor shall be responsible for: (a) the accurate setting out of the Works in relation to the original points, lines and levels of reference given by the employer in writing; (b) the correctness of position, levels, dimensions and alignments of all parts of the Works; (c) the provisions of all necessary instruments, equipment, apparatus and labour in connection with the foregoing responsibilities; and (d) Carefully laying, protecting and preserving all bench marks, sight rails, pegs and other things used in setting out the Works. (e) The contractor shall provide, fix and be responsible for the maintenance of all necessary stakes, templates, level marks, profiles and other similar things and shall take all necessary precautions to prevent their removal or disturbance and shall be responsible for consequences of such removal or disturbance should the same take place and for their efficient and timely reinstatement. The Contractor shall also be responsible for the maintenance of all existing survey marks, either existing or supplied and fixed by the Contractor. The work shall be set out to the satisfaction of the Employer/ Employer’s Engineer. The approval thereof or joining in setting out the work shall not relieve the Contractor of his responsibility. (f) Before beginning the works, the Contractor shall, at his own cost, provide all necessary reference and level posts, pegs, bamboos, flags ranging rods, strings and other materials for proper layout of the work in accordance with the scheme, for bearing marks acceptable to the Employer/ Employer’s Engineer. The Centre longitudinal or face lines and cross lines shall be marked by means of small masonry pillars. Each pillar shall have distinct marks at the centre to enable theodolite to be set over it. No work shall be started until all these points are checked and approved by the Employer/ Employer’s Engineer in writing. But such approval shall not relieve the contractor of any of his responsibilities. The Contractor shall also provide all labour, materials and other facilities, as necessary, for the proper checking of layout and inspection of the points during construction. (g) Pillars bearing geodetic marks located at the sites of units of works under construction should be protected and fenced by the Contractor. On completion of works, the contractor shall submit the geodetic documents according to which the work was carried out. (h) The Employer/ Employer’s Engineer shall communicate or confirm his instructions to the contractor in respect of the executions of work in a "work site order book" maintained in the office having duplicate sheet and the authorised representative of the contractor shall confirm receipt of such instructions by signing the relevant entries in the book. (i) All instructions issued by the Employer/ Employer’s Engineer shall be in writing. The Contractor shall be liable to carry out the instructions without fail. (j) If the Contractor after receipt of written instruction from the Employer/ Employer’s Engineer requiring compliance within seven days fails to comply with such drawings or 'instructions' or both as the Employer/ Employer’s Engineer may issue, may employ and pay other persons to execute any such work whatsoever that may be necessary to give effect to such drawings or `instructions' and all cost and expenses incurred in connection therewith as certified by the Employer/ Employer’s Engineer/ Site-in-Charge shall be borne by the contractor or may be deducted from amounts due or that may become due to the contractor under the contract or may be recovered as a debt. (k) The Contractor shall be entirely and exclusively responsible for the horizontal and vertical alignment, the levels and correctness of every part of the work and shall rectify effectually any errors or imperfections therein. Such rectifications shall be carried out by the Contractor, at his own cost. (l) The Contractor shall clear the job site of all unwanted trees, bushes, undergrowth and overground and underground structures, pipes and installations, and shall re-route, if necessary, any private utilities located on or within the job sites and shall take care to keep the job site clean at all times for easy access to the job site and also from the safety point of view to the satisfaction of the Employer/ Employer’s Engineer. (m) The Contractor shall clean and keep clean the work site from time to time to the satisfaction of the Employer/ Employer’s Engineer for easy access to work site and to ensure safe passage, movement and working. All dismantled material shall be shifted /removed by Contractor at his own cost to designated place. The Contractor shall clear away and remove from the Site any wreckage, rubbish and Temporary Works which are no longer required in accordance with Good Industry Practice, Applicable Laws and instructions of the Employer/ Employer’s Engineer, unless required to be maintained at the Site as per the instructions of Employer/ Employer’s Engineer. 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 or correctness thereof and the Contractor shall carefully protect and preserve all bench-marks, sight-rails, pegs and other things used in setting out the Works.