(iii) The Employer shall provide to the Contractor the pipe culvert, with specified diameter and width, at the location with the drainage ditches intersection with the roads as specified in the Work Plan. The Contractor shall prepare earthwork for the foundation of designed pipe culvert or drop structure to be constructed by the Employer. The Employer shall design and construct all permanent constructions, including the drop structure, concrete pipe convert, concrete head wall and retaining wall, but these permanent structures shall only be constructed upon completion for the foregoing temporary earthwork by the Contractor.
(iv) The Employer is responsible for pumping water from main sumps as designated by the Employer in the Work Plan.
(v) The Employer shall not be liable for any loss or damage caused by the Employer’s inability to dewater from the specified location or out of the sumps other than due to the Employer’s intentional misconduct.