7.12.1 Where the Authority is responsible for providing certain services20 it will need to ensure that where specialist equipment is required its service provider will be able to gain access to the Site in order to install it. For example, in the case of ICT, it may be necessary for the Authority's ICT provider to gain access during construction to lay down ICT cables. It is anticipated that such access should be agreed and specified in the construction programme forming part of the Works. Additionally it may also be prudent to agree a construction protocol which sets out how the giving of access will operate in practice and the specific obligations of parties regarding site management, physical access, health and safety matters etc.
7.12.2 Where the Contractor fails to give access to the Authority Service Provider at the programmed time then the Authority should be compensated where it has suffered a loss. For example, the Authority may have incurred costs occasioned by standing-down its service provider or it may be more costly for the Authority to have the service provider attend the Site at a later date.21 As the payment mechanism will not be operating during the construction period the compensation payable to the Authority should be by way of damages. The level of damages should be agreed as part of the commercial negotiations leading up to signature of the Contract and be set out in the Contract and/or the relevant Interface Protocol (if binding). Damages should be set at a level to reflect the actual costs the Authority will incur.
7.12.3 Where the Authority Service Provider has been given access to the Site it should exercise it in accordance with the agreed construction programme and, if used, the construction protocol and any Interface Protocol.
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20 This will include any services over and above soft services, such as ICT, specialist equipment services etc.
21 It might be possible however for the Authority to ensure under its commercial services agreement with its service provider that its service provider takes the risk of the Contractor giving it access at an agreed time. In such a situation the Authority would not suffer a loss when access was delayed. The cost to the Authority of agreeing such a provision in its commercial services agreement should be considered and compared with the cost of the Contractor accepting the delay to access risk under the Contract.