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DEVELOPMENT OF ATCHCHUVALI INDUSTRIAL ESTATE – PHASE 1<br />
IN JAFFNA DISTRICT, SRI LANKA<br />
Funded by the Government <strong>of</strong> <strong>India</strong><br />
Project No: SL35P1-0100<br />
[Atlas Project Number 00080484]<br />
Construction <strong>of</strong> Sewer Disposal System and External Works for Atchchuvali Industrial<br />
Estate Development Project in Jaffna District, Sri Lanka<br />
United Nations Office for Project Services (“UNOPS”)<br />
Invitation to Bid<br />
Measured Price Construction Contract<br />
Sub Project No.: SL35P1-0104<br />
Date <strong>of</strong> Issuance: 04-07-2012<br />
ITB Case No.: LKOC / CMB / GIU / 80484 / 12 - 005
INVITATION TO BID<br />
Operational excellence for results that matter<br />
Operational excellence for results that matter<br />
Operational excellence for results that matter<br />
CONTENTS<br />
1. BID NOTICE ………………..........................................................................................1<br />
2. INVITATION LETTER ………………...........................................................................3<br />
3. SECTION I – BID PARTICULARS ……………………………………………...............5<br />
4. SECTION II – INSTRUCTIONS TO BIDDERS …………………………………….......10<br />
5. SECTION III – EVALUATION METHOD AND CRITERIA …………………………....21<br />
6. SECTION IV – RETURNABLE BID SCHEDULES ………………………………........27<br />
SCHEDULE 1 Form <strong>of</strong> Bid…………………….....................................................<br />
SCHEDULE 2 Form <strong>of</strong> Bid Security…………….................................................<br />
SCHEDULE 3 Bidder’s Details…………….........................................................<br />
SCHEDULE 4 Bill <strong>of</strong> Quantities and Pricing Preambles….................................<br />
SCHEDULE 5 Bidder Preliminary Programmes ……………..............................<br />
SCHEDULE 6 Proposed Project Team and Organizational Structure...............<br />
SCHEDULE 7 Capacities, Experience, Work in Hand and Work Completed.....<br />
SCHEDULE 8 Outline Statements <strong>of</strong> Proposed Methods…..............................<br />
SCHEDULE 9 Declaration.................................................................................<br />
SCHEDULE 10 Dispute Details...........................................................................<br />
SCHEDULE 11 Addenda to ITB...........................................................................<br />
7. SECTION V - UNOPS MEASURED PRICE CONSTRUCTION CONTRACT………....<br />
8. SPECIFICATIONS<br />
9. DRAWINGS<br />
© UNOPS 2011<br />
i
INVITATION TO BID<br />
Instructions<br />
Operational excellence for results that matter<br />
Operational excellence for results that matter<br />
Operational excellence for results that matter<br />
BID NOTICE<br />
CONSTRUCTION OF SEWER DISPOSAL SYSTEM AND EXTERNAL WORKS<br />
For the<br />
DEVELOPMENT OF ATCHCHUVALI INDUSTRIAL ESTATE – PHASE 1 IN JAFFNA DISTRICT,<br />
SRI LANKA<br />
Funded by the Government <strong>of</strong> <strong>India</strong><br />
PROJECT NO. SL35P1‐0100<br />
1 The United Nations Office for Project Services – Sri Lanka Operations Centre (UNOPS‐LKOC) on<br />
behalf <strong>of</strong> the Government <strong>of</strong> <strong>India</strong> (GOI) invites sealed Bids from the eligible Bidders who have<br />
ICTAD (Institute for Construction Training and Development – Sri Lanka) registration and C5<br />
or above grade under the category <strong>of</strong> ‘Storm Water Drainage’ for the construction <strong>of</strong> sewer<br />
disposal system and external works for Atchchuvali Industrial Estate Development Project in<br />
Jaffna District, Sri Lanka (hereinafter called as "Works”), under the terms set forth in the Bid<br />
<strong>Document</strong>. Joint venture associations between two National Companies which fulfils the<br />
requirement stipulated above will also be deemed as eligible for submission <strong>of</strong> Bids.<br />
2. Bid documents may be purchased by interested and eligible Bidders from UNOPS‐LKOC Head<br />
Office, 118/5, Nawala Road, <strong>Colombo</strong> 05 on business days from 4 th July 2012 to 20 th July 2012<br />
on submission <strong>of</strong> a written request accompanying a payment to UNOPS‐LKOC <strong>of</strong> a nonrefundable<br />
fee <strong>of</strong> Sri Lankan Rupees (LKR) 2,000.00 in cash only, and the original <strong>of</strong> the ICTAD<br />
grade registration.<br />
3. All Bids must be accompanied by a Bid Security in the prescribed format addressed to the<br />
Director <strong>of</strong> UNOPS‐LKOC amounting to LKR 300,000.00 and shall be valid for 90 calendar days<br />
from the date <strong>of</strong> Bid closure.<br />
4. All sealed two‐enveloped (Technical and Price components sealed in two separate envelopes)<br />
bids shall be delivered, in accordance with the Instructions to Bidders, on or before 12.00 pm<br />
(noon) at <strong>Colombo</strong>, Sri Lanka time on 25 th July 2012 to the UNOPS‐LKOC Head Office‐<strong>Colombo</strong>.<br />
Technical components <strong>of</strong> the Bids will be opened at 12.30 pm on 25 th July 2012 at UNOPS‐<br />
LKOC Head Office ‐ <strong>Colombo</strong>. Bidders or their authorized representatives may be present at<br />
the opening <strong>of</strong> Bids as witnesses. Bids received after the stipulated closing time will be<br />
rejected and returned unopened. A clarification meeting will be held at 10.30 am on 18 th July<br />
2012 at the UNOPS‐LKOC Head Office ‐ <strong>Colombo</strong> to clarify any matters pertaining to this Bid.<br />
5. Additional information regarding the Bid <strong>Document</strong>s will be available at UNOPS‐LKOC Head<br />
Office‐<strong>Colombo</strong>.<br />
6. UNOPS‐LKOC will not be responsible for any costs or expenses incurred by Bidders in<br />
connection with the preparation and/or delivery <strong>of</strong> Bids.<br />
© UNOPS 2011<br />
2
INVITATION TO BID<br />
Instructions<br />
Operational excellence for results that matter<br />
Operational excellence for results that matter<br />
Operational excellence for results that matter<br />
7. Contract for the successful bidder will be awarded and signed by the <strong>High</strong> <strong>Commission</strong> <strong>of</strong><br />
<strong>India</strong> (HCI) in Sri Lanka on behalf <strong>of</strong> the GOI.<br />
Director & Representative<br />
UNOPS‐LKOC<br />
On behalf <strong>of</strong> the <strong>High</strong> <strong>Commission</strong> <strong>of</strong> <strong>India</strong><br />
© UNOPS 2011<br />
3
INVITATION TO BID<br />
Instructions<br />
Operational excellence for results that matter<br />
Operational excellence for results that matter<br />
Operational excellence for results that matter<br />
INVITATION LETTER<br />
Dear Sir/Madam,<br />
Subject: Invitation to Bid for the for Atchchuvali Industrial Estate Development Project<br />
– Phase I in Jaffna District, Sri Lanka Funded by the Government <strong>of</strong> <strong>India</strong><br />
ITB Case No: LKOC / CMB / GIU / 80484 / 12 - 005<br />
The United Nations Office for Project Services (UNOPS) on behalf <strong>of</strong> the Government <strong>of</strong><br />
<strong>India</strong> (GOI) is pleased to invite prospective bidders to bid in accordance with the<br />
requirements and process as set out in this Invitation to Bid (ITB). Under Phase I <strong>of</strong> this<br />
project, approximately 25 acres out <strong>of</strong> the available 65 acre land <strong>of</strong> the Estate will be<br />
developed. This ITB is consisted <strong>of</strong> the bidding documents for the Construction <strong>of</strong> Sewer<br />
Disposal System and External Works for Atchchuvali Industrial Estate Development Project<br />
– Phase I in Jaffna District. The eligibility Criteria for bidding is ICTAD (Institute for<br />
Construction Training and Development – Sri Lanka) registration and C5 or above grade<br />
under the category <strong>of</strong> ‘Storm Water Drainage’.<br />
The ITB consists <strong>of</strong> the followings:<br />
This Invitation Letter;<br />
Bid Particulars (Section I);<br />
Instructions to Bidders (Section II);<br />
Evaluation Method and Criteria (Section III);<br />
Returnable Bid Schedules (Section IV);<br />
UNOPS Measured Price Construction Contract (the Contract)(Section V);<br />
Specifications;<br />
Drawings.<br />
A complete set <strong>of</strong> Bidding <strong>Document</strong>s in English Language may be purchased by eligible<br />
Bidders by submitting a written request to the Director & Representative UNOPS-LKOC<br />
Head Office, 118/5, Nawala Road, <strong>Colombo</strong> 05 on business days from 4 th July 2012 to<br />
20 th July 2012. To be eligible to obtain the bidding documents bidders must pay a nonrefundable<br />
fee <strong>of</strong> Sri Lankan Rupees Two Thousand (LKR 2,000.00) with the submission <strong>of</strong><br />
original <strong>of</strong> the ICTAD grade registration. Payment for the bidding documents shall be made<br />
by cash only. Bids <strong>of</strong> bidders that did not purchase the bidding documents from UNOPS will<br />
not be considered.<br />
If you are interested in submitting a bid in response to this ITB, please prepare your bid in<br />
accordance with the requirements and process as set out in this ITB and submit your bid to<br />
UNOPS by the Closing Date set out in the Bid Particulars in Section 1 <strong>of</strong> the ITB.<br />
We look forward to receiving your bid.<br />
Director & Representative<br />
UNOPS-LKOC<br />
On behalf <strong>of</strong> the <strong>High</strong> <strong>Commission</strong> <strong>of</strong> <strong>India</strong><br />
© UNOPS 2011<br />
4
INVITATION TO BID<br />
Instructions<br />
Operational excellence for results that matter<br />
Operational excellence for results that matter<br />
Operational excellence for results that matter<br />
SECTION I<br />
BID PARTICULARS<br />
Works<br />
(Article 1)<br />
Contact person<br />
and address for<br />
communications<br />
(Article 1)<br />
Contact person<br />
and address for<br />
Bid Submission<br />
(Article 1)<br />
Eligible Bidders<br />
(Article 4)<br />
Excluded<br />
nationalities<br />
(Article 4)<br />
Measured price<br />
construction<br />
contract<br />
(Article 7)<br />
Clarifications<br />
(Article 8)<br />
This ITB is consisted <strong>of</strong> the bidding documents for the Construction <strong>of</strong><br />
Sewer Disposal System and External Works for Atchchuvali Industrial<br />
Estate Development Project – Phase I in Jaffna District.<br />
The successful bidder is responsible for delivery <strong>of</strong> the completed fully<br />
functional infrastructure facility <strong>of</strong> the sewer disposal system and the<br />
external works as per the price quoted in the Bill <strong>of</strong> Quantities (BOQ) in<br />
Returnable Bid Schedule 4 <strong>of</strong> this Invitation to Bid (ITB) and in<br />
accordance with the drawings and specifications given in this ITB.<br />
All correspondence and notification in relation to this ITB shall be sent<br />
to:<br />
Ms. Krishanthi Dabare<br />
Project Manager<br />
UNOPS-LKOC<br />
118/5, Nawala Road, <strong>Colombo</strong> 05<br />
Sri Lanka<br />
Email: krishanthid@unops.org<br />
Fax: +94 112-506097<br />
All bids in relation to this ITB shall be sent to:<br />
Director & Representative<br />
UNOPS-LKOC Head Office<br />
118/5, Nawala Road<br />
<strong>Colombo</strong> 05<br />
Sri Lanka<br />
Bidders shall have the ICTAD (Institute for Construction Training and<br />
Development – Sri Lanka) registration and C5 or above grade under<br />
the category <strong>of</strong> ‘Storm Water Drainage’.<br />
No nationalities are excluded from submitting a bid.<br />
<strong>High</strong> <strong>Commission</strong> <strong>of</strong> <strong>India</strong> (HCI) in Sri Lanka on behalf <strong>of</strong> the GOI will<br />
award the contracts upon UNOPS’ recommendation for the award <strong>of</strong><br />
the contracts to the successful bidder(s).<br />
Requests for clarification from bidders will not be accepted any later<br />
than 48 hours before the Closing Date.<br />
Responses to requests for clarification shall be communicated to<br />
bidders by faxing responses directly to all Bidders who have acquired<br />
the Bidding <strong>Document</strong>s and posting responses on UNOPS’ website at<br />
www.unops.org under ITB Case No. LKOC / CMB / GIU / 80484 / 12 –<br />
005.<br />
© UNOPS 2011<br />
5
INVITATION TO BID<br />
Instructions<br />
Operational excellence for results that matter<br />
Operational excellence for results that matter<br />
Operational excellence for results that matter<br />
Clarification<br />
Meetings<br />
(Article 9)<br />
A clarification meeting shall be held as follows:<br />
Date: 18 th July 2012<br />
Time: 10:30 Hrs<br />
Location: UNOPS-LKOC Head Office, 118/5, Nawala Road,<br />
<strong>Colombo</strong> 05, Sri Lanka.<br />
The clarification meeting is not mandatory.<br />
Site Inspections<br />
(Article 10)<br />
Bid validity<br />
period<br />
(Article 13)<br />
Alternative bids<br />
(Article 15)<br />
Bid security<br />
(Article 16)<br />
Bid Currency<br />
(Article 17)<br />
Duties and<br />
Taxes (Article<br />
18)<br />
Language <strong>of</strong><br />
bids<br />
(Article 20)<br />
Closing Date<br />
(Article 21)<br />
It is strongly recommended that you visit and examine the Site <strong>of</strong> Works<br />
and its surroundings with prior notification and arrangements to be<br />
made with Ms. Santhadevi Tharmaretnam, Project Engineer, UNOPS-<br />
LKOC [Tel No. 0212229758] and obtain all information that may be<br />
necessary for preparing the Bid.<br />
Bids shall remain valid for acceptance by UNOPS for 90 Days from the<br />
Closing Date mentioned at Article 21 below.<br />
Alternative bids will NOT be evaluated.<br />
Bidders shall provide bid security in the form set out in Returnable Bid<br />
Schedule 2 – Form <strong>of</strong> Bid Security (see Section IV). The amount <strong>of</strong> Bid<br />
security shall be Sri Lankan Rupees Three Hundred Thousand (LKR<br />
300,000.00) only and shall be valid for 90 calendar days from the date<br />
<strong>of</strong> closure <strong>of</strong> the Bid.<br />
Prices shall be quoted in Sri Lankan Rupees (LKR)<br />
All bids shall be submitted net <strong>of</strong> VAT. VAT component payable by the<br />
Contractors to the Sri Lankan government shall be shown separately.<br />
All bids, information, documents and correspondence exchanged<br />
between UNOPS and the bidders in relation to this bid process shall be<br />
in English Language.<br />
All bids must be submitted by 12:00 pm (noon) <strong>Colombo</strong>, Sri Lanka<br />
Time on 25 th July 2012.<br />
© UNOPS 2011<br />
6
INVITATION TO BID<br />
Instructions<br />
Operational excellence for results that matter<br />
Operational excellence for results that matter<br />
Operational excellence for results that matter<br />
Bid Submissions<br />
(Article 22)<br />
Bids must be submitted as follows:<br />
Bid shall be sealed in one outer and two inner envelopes, as<br />
detailed below.<br />
The outer envelope shall be labeled as follows:<br />
Case No.: LKOC / CMB / GIU / 80484 / 12 - 005<br />
Closing Date: on 25 th July 2012 at 12:00 pm (noon) at <strong>Colombo</strong>, Sri<br />
Lanka Time<br />
From: [Insert bidder’s name & details]<br />
***CONFIDENTIAL BID - DO NOT OPEN UNLESS AUTHORIZED***<br />
United Nations Office for Project Services<br />
Sri Lanka Operations Centre<br />
Director & Representative<br />
UNOPS-LKOC Head Office<br />
118/5, Nawala Road<br />
<strong>Colombo</strong> 05, Sri Lanka<br />
The inner envelopes shall be marked as follows:<br />
Both inner envelopes shall indicate the Bidder’s name and address and<br />
the Case No.<br />
The first inner envelope shall be marked "Technical Component" and<br />
shall contain the dully filled and signed all the Returnable Bid<br />
Schedules, except the Returnable Bid Schedule 4 - Filled BOQ,<br />
Original Bid security, Copy <strong>of</strong> Business Registration, Copy <strong>of</strong> ICTAD<br />
registration, Copy <strong>of</strong> VAT Registration, Power <strong>of</strong> Attorney from the<br />
company for the person who signs the <strong>Tender</strong>. Technical component<br />
shall be prepared in duplicate with one marked "Original" and the other<br />
marked "Copy". In the event <strong>of</strong> any discrepancy between them, the<br />
original shall govern.<br />
The second inner envelope shall be marked "Price Component" and<br />
include a covering letter indicating the total bid price and duly<br />
completed and signed Returnable Bid Schedule 4. Price component<br />
shall be prepared in duplicate with one marked "Original" and the other<br />
marked "Copy". In the event <strong>of</strong> any discrepancy between them, the<br />
original shall govern.<br />
Distinct, separately sealed, both technical and price components are<br />
requested from the bidders in order to evaluate them separately. Both<br />
distinctly sealed envelopes <strong>of</strong> technical and price components shall be<br />
kept in another envelope (outer envelope), which shall be sealed as<br />
well. Non compliance to this instruction shall result in rejection <strong>of</strong> the bid<br />
received.<br />
The bidders are instructed to avoid submitting loose papers with any <strong>of</strong><br />
the Technical and Price components.<br />
Sealed bid shall be delivered to above UNOPS address by mail or<br />
personal delivery by the Closing Date. Personal delivery shall be made<br />
between the hours <strong>of</strong> 0900 and 1700 on UNOPS regular working days<br />
by the Closing Date.<br />
Bid Opening<br />
(Article 23)<br />
Technical components <strong>of</strong> the bids will be opened at 12.30 pm on 25 th<br />
July 2012 at Conference Hall, 2 nd Floor, UNOPS-LKOC Head Office,<br />
118/5, Nawala Road, <strong>Colombo</strong> 05.<br />
© UNOPS 2011<br />
7
INVITATION TO BID<br />
Instructions<br />
Operational excellence for results that matter<br />
Operational excellence for results that matter<br />
Operational excellence for results that matter<br />
Preliminary<br />
Examination<br />
(Article 24)<br />
UNOPS may reject any bid during the preliminary examination (<strong>of</strong> the<br />
Technical Component) which does not comply with the following<br />
requirements set out in this ITB, without further consultation with the<br />
bidder.<br />
a) The Bidder’s eligibility – The minimum ICTAD grade and<br />
category required is mentioned in Article 4 (Eligibility <strong>of</strong><br />
Bidders)<br />
b) The validity period <strong>of</strong> the bid shall be in accordance with the requirements<br />
<strong>of</strong> the ITB as specified in Article 13 (Bid Validity) <strong>of</strong><br />
the Instructions to Bidders.<br />
c) The bid security shall be in accordance with the requirements <strong>of</strong><br />
the ITB as specified in Article 16 (Bid Security) <strong>of</strong> the Instructions<br />
to Bidders.<br />
d) Dully completed and signed Returnable Bid Schedules from<br />
schedule number 1 to 11.<br />
Section II –<br />
Instructions to<br />
Bidders<br />
Every place in all articles that is mentioned as “the binding contract<br />
awarded as a result <strong>of</strong> this ITB with UNOPS and the successful bidder”<br />
shall be reworded as follows.<br />
The contract awarded as a result <strong>of</strong> this ITB shall be awarded and<br />
signed by the <strong>High</strong> <strong>Commission</strong> <strong>of</strong> <strong>India</strong> (HCI) in Sri Lanka with the<br />
successful bidder. The successful bidder is responsible in delivering the<br />
completed work package in accordance with the terms stipulated in this<br />
ITB and as per the contract signed with the HCI.<br />
© UNOPS 2011<br />
8
INVITATION TO BID<br />
Instructions<br />
Operational excellence for results that matter<br />
Operational excellence for results that matter Operational excellence for results that matter<br />
SECTION II<br />
1. INFORMATION FOR BIDDERS<br />
INSTRUCTIONS TO BIDDERS<br />
Bidders are invited to submit a bid for the works described in the Bid Particulars in Section I,<br />
and further described in the Contract in Section V, in accordance with this ITB.<br />
All correspondence, notification and bids in relation to this ITB shall be sent to the contact<br />
person and address set out in the Bid Particulars in Section I.<br />
2. INTERPRETATION OF THE ITB<br />
This ITB is an invitation to treat and shall not be construed as an <strong>of</strong>fer capable <strong>of</strong> being<br />
accepted or as creating any contractual, other legal or restitutionary rights.<br />
No binding contract, including a process contract or other understanding or arrangement,<br />
will exist between the bidder and UNOPS and nothing in or in connection with this ITB shall<br />
give rise to any liability on the part <strong>of</strong> UNOPS unless and until the Contract is signed by<br />
UNOPS and the successful bidder.<br />
3. AMENDMENTS TO THE ITB<br />
Prior to the Closing Date, UNOPS may at its discretion modify the bidding documents by<br />
way <strong>of</strong> a written addendum. All written addenda to the bidding documents shall form part <strong>of</strong><br />
the ITB.<br />
In the event UNOPS modifies the ITB, UNOPS will notify in writing all bidders that have<br />
received the ITB from UNOPS <strong>of</strong> such modification.<br />
In order to give the bidders reasonable time to take such modification into account, UNOPS<br />
may extend the Closing Date as may be appropriate under the circumstances.<br />
4. ELIGIBLE BIDDERS<br />
A bidder may be a private, public or government-owned legal entity or any association,<br />
including a joint venture or consortium with legal capacity to enter into a binding contract with<br />
UNOPS.<br />
A bidder, and all parties constituting the bidder, may have the nationality <strong>of</strong> any country with<br />
the exception <strong>of</strong> those nationalities, if any, listed in the Bid Particulars in Section I.<br />
A bidder shall not be eligible to submit a bid if and when at the time <strong>of</strong> bid submission, the<br />
bidder:<br />
(i) has been suspended or declared ineligible by UNOPS or any other entity <strong>of</strong><br />
the United Nations system, including the Work Bank;<br />
(ii) is on the UN 1267 terrorist list issued by the Security Council resolution 1267<br />
which establishes a sanctions regime to cover individuals and entities<br />
associated with Al-Qaida and/or the Taliban; or<br />
© UNOPS 2011<br />
9
INVITATION TO BID<br />
Instructions<br />
Operational excellence for results that matter<br />
(iii)<br />
Operational excellence for results that matter Operational excellence for results that matter<br />
has not attended a mandatory site inspection or mandatory clarification<br />
meeting, if applicable, in accordance with Articles 9 and 10.<br />
If a bidder does not have all the expertise required for the provision <strong>of</strong> the works to be<br />
provided under the Contract, such bidder may submit a bid in association with other entities,<br />
particularly with an entity in the country where the works are to be provided. An entity may<br />
not submit more than one bid in response to this ITB, whether alone or in association with<br />
other entities.<br />
In the case <strong>of</strong> a joint venture, consortium or association:<br />
(i)<br />
(ii)<br />
(iii)<br />
all parties <strong>of</strong> such joint venture, consortium or association shall be jointly and<br />
severally liable to UNOPS for any obligations arising from their bid and the<br />
Contract that may be awarded to them as a result <strong>of</strong> this ITB;<br />
the bid shall clearly identify the designated entity designated to act as the<br />
contact point to deal with UNOPS. Such entity shall have the authority to<br />
make decisions binding upon the joint venture, association or consortium<br />
during the bidding process and, in the event that a contract is awarded, during<br />
the duration <strong>of</strong> the contract; and<br />
The composition or the constitution <strong>of</strong> the joint venture, consortium or<br />
association shall not be altered without the prior consent <strong>of</strong> UNOPS.<br />
5. ERRORS OR OMISSIONS<br />
Bidders shall immediately notify UNOPS in writing <strong>of</strong> any ambiguities, errors, omissions,<br />
discrepancies, inconsistencies or other faults in any part <strong>of</strong> the ITB, with full details <strong>of</strong> those<br />
ambiguities, errors, omissions, discrepancies, inconsistencies or other faults.<br />
Bidders shall not benefit from such ambiguities, errors, omissions, discrepancies,<br />
inconsistencies or other faults.<br />
6. BIDDERS’ RESPONSIBILITY TO INFORM THEMSELVES &<br />
ACKNOWLEDGEMENT<br />
Bidders shall be responsible to inform themselves in preparing their bid. In this regard,<br />
bidders shall ensure that they:<br />
(i)<br />
(ii)<br />
(iii)<br />
(iv)<br />
examine and fully inform themselves in relation to all aspects <strong>of</strong> the ITB,<br />
including the Contract and all other documents included or referred to in this<br />
ITB;<br />
review the ITB to ensure that they have a complete copy <strong>of</strong> all documents;<br />
obtain and examine all other information relevant to the project and the scope<br />
<strong>of</strong> the works available on reasonable enquiry;<br />
verify all relevant representations, statements and information, including<br />
those contained or referred to in the ITB or made orally during any<br />
clarification meeting or site Inspection or any discussion with UNOPS, its<br />
employees or agents;<br />
© UNOPS 2011<br />
10
INVITATION TO BID<br />
Instructions<br />
Operational excellence for results that matter<br />
Operational excellence for results that matter Operational excellence for results that matter<br />
(v)<br />
(vi)<br />
(vii)<br />
attend any clarification meeting or Site Inspection that is mandatory under this<br />
ITB;<br />
fully inform and satisfy themselves as to requirements <strong>of</strong> any relevant<br />
authorities and laws that apply, or may in the future apply, to the execution <strong>of</strong><br />
the works; and<br />
form their own assessment <strong>of</strong> the nature and extent <strong>of</strong> work required to<br />
execute the works and properly account for all work in their bid.<br />
Bidders acknowledge and agree that the ITB does not purport to contain all relevant<br />
information in relation to the works and is provided solely on the basis that bidders shall be<br />
responsible for making their own assessment <strong>of</strong> the matters referred to in the ITB, including<br />
the Contract (see Section V).<br />
Bidders acknowledge that they have not relied upon any and that UNOPS, its directors,<br />
employees and agents make no representations or warranties (express or implied) as to the<br />
accuracy, currency or completeness <strong>of</strong> this ITB or any other information provided to the<br />
bidders.<br />
7. UNOPS MEASURED PRICE CONSTRUCTION CONTRACT<br />
Bidders shall be willing to sign the Contract (see Section V), without departure, qualification,<br />
amendment, limitation or exclusion should they be selected as a result <strong>of</strong> this bid process.<br />
8. CLARIFICATION OF THE ITB<br />
Bidders may request clarification <strong>of</strong> the ITB or bid process by submitting a written request to<br />
the contact person stated in the Bid Particulars in Section I up to the time stated in the Bid<br />
Particulars in Section I and thereafter requests for clarification will not be accepted.<br />
UNOPS shall gather all requests for clarification and may respond in writing to all such<br />
requests at the same time. Responses to requests for clarification shall be communicated to<br />
all bidders that received the ITB from UNOPS and, if stated in the Bid Particulars in Section<br />
I, responses will be posted online without disclosing the names <strong>of</strong> the bidders who submitted<br />
the requests for clarification.<br />
Alternatively UNOPS shall gather all requests for clarification and may respond to all<br />
requests in writing after a clarification meeting which may be held as set out in Article 9 <strong>of</strong><br />
this Section.<br />
9. CLARIFICATION MEETINGS<br />
Unless otherwise instructed in writing by UNOPS, a clarification meeting will only be held if<br />
stated in the Bid Particulars in Section I, at the time and place and in accordance with any<br />
instructions set out in the Bid Particulars in Section I.<br />
If the Bid Particulars in Section I state that a clarification meeting shall be mandatory, a<br />
bidder which does not attend the clarification meeting shall become ineligible to submit a bid<br />
under this ITB.<br />
© UNOPS 2011<br />
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INVITATION TO BID<br />
Instructions<br />
Operational excellence for results that matter<br />
Operational excellence for results that matter Operational excellence for results that matter<br />
The names <strong>of</strong> representatives <strong>of</strong> bidders who will attend the clarification meeting shall be<br />
submitted in writing by bidders to the UNOPS contact person listed in the Bid Particulars in<br />
Section I, including the full name and position <strong>of</strong> each representative at least 24 hours before<br />
the clarification meeting is to be held.<br />
UNOPS will not issue any formal answers to questions from bidders regarding the ITB or bid<br />
process during the clarification meeting. All questions shall be submitted in accordance with<br />
Article 8.<br />
The clarification meeting shall be conducted for the purpose <strong>of</strong> providing background<br />
information only. Without limiting Article 6, bidders shall not rely upon any information,<br />
statement or representation made at the clarification meeting unless that information,<br />
statement or representation is confirmed by UNOPS in writing.<br />
UNOPS shall prepare minutes <strong>of</strong> the clarification meeting and communicate them in writing<br />
to all bidders which received the bid documents from UNOPS shortly after the clarification<br />
meeting.<br />
10. SITE INSPECTION<br />
Unless otherwise instructed in writing by UNOPS, a site visit will only be held if stated in the<br />
Bid Particulars in Section I, at the time and place and in accordance with any instructions set<br />
out in the Bid Particulars in Section I.<br />
If the Bid Particulars in Section I state that a site inspection shall be mandatory, a bidder<br />
which does not attend the site inspection shall become ineligible to submit a bid under this<br />
ITB.<br />
Bidders participating in a site inspection shall be responsible for:<br />
(i)<br />
(ii)<br />
arranging for and wearing personal protective equipment, including at a<br />
minimum safety helmets, boots and reflective vests; and<br />
making and obtaining any visa arrangements that may be required for the<br />
bidders to participate in a site inspection.<br />
Prior to attending a site inspection, bidders shall execute an indemnity and a waiver<br />
releasing UNOPS in respect <strong>of</strong> any liability that may arise from:<br />
(i)<br />
(ii)<br />
(iii)<br />
(iv)<br />
loss <strong>of</strong> or damage to any real or personal property;<br />
personal injury, disease or illness to, or death <strong>of</strong>, any person;<br />
financial loss or expense, arising out <strong>of</strong> the carrying out <strong>of</strong> that site inspection;<br />
and<br />
transportation by UNOPS to the site (if provided) as a result <strong>of</strong> any accidents<br />
or malicious acts by third parties.<br />
UNOPS will not issue any formal answers to questions from bidders regarding the ITB or bid<br />
process during a site visit. All questions shall be submitted in accordance with Article 8.<br />
© UNOPS 2011<br />
12
INVITATION TO BID<br />
Instructions<br />
Operational excellence for results that matter<br />
Operational excellence for results that matter Operational excellence for results that matter<br />
A site visit will be conducted for the purpose <strong>of</strong> providing background information only.<br />
Without limiting Article 6, bidders shall not rely upon any information, statement or<br />
representation made at a site visit unless that information, statement or representation is<br />
confirmed by UNOPS in writing.<br />
11. CONTENT OF BID SUBMISSIONS<br />
11.1<br />
Returnable Bid Schedules<br />
Bids shall include only a fully completed and dated set <strong>of</strong> the Returnable Bid Schedules,<br />
including only the information required by each Returnable Bid Schedule, either completed<br />
on the Returnable Bid Schedule document or annexed to the document, as the case may be,<br />
each signed in accordance with Article 19 by a person authorised by the bidder to bind it.<br />
The Returnable Bid Schedules are set out in Section IV.<br />
11.2<br />
Other Information<br />
Bids submitted shall only include information required to be submitted in accordance with the<br />
ITB.<br />
12. REMUNERATION FOR AND COSTS OF BIDS<br />
Bidders shall not be entitled to any remuneration or compensation for the preparation and<br />
submission <strong>of</strong> their bid.<br />
Bidders acknowledge that their participation in any stage <strong>of</strong> the bid process for this ITB is at<br />
the bidders' own risk and cost. UNOPS shall not be responsible for any costs or expenses<br />
incurred by bidders in the preparation and submission <strong>of</strong> bids or participation in the bid<br />
process, including as part <strong>of</strong> any clarification meeting or site or plant inspection.<br />
UNOPS is not liable to bidders for any costs, expense or loss on any legal, contractual,<br />
quasi contractual or restitutionary basis incurred or suffered in connection with the ITB or<br />
bidders' participation in the bid process, including where:<br />
(i)<br />
(ii)<br />
(iii)<br />
(iv)<br />
(v)<br />
clarifications and addenda are provided or not provided to bidders;<br />
a bidder is not selected or not engaged to carry out the works;<br />
UNOPS varies, terminates, suspends or delays any aspect <strong>of</strong> the bid process<br />
or conducts another process in its place;<br />
UNOPS elects not to proceed with the ITB in whole or in part; or<br />
UNOPS exercises any rights under the ITB.<br />
13. BID VALIDITY PERIOD<br />
Bids shall remain valid for acceptance by UNOPS for the entire period set out in the Bid<br />
Particulars in Section I.<br />
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INVITATION TO BID<br />
Instructions<br />
Operational excellence for results that matter<br />
14. PARTIAL BIDS<br />
Operational excellence for results that matter Operational excellence for results that matter<br />
Bidders shall respond to all applicable Returnable Bid Schedules and shall bid for all<br />
sections <strong>of</strong> the works. UNOPS will NOT accept bids for one or several sections <strong>of</strong> the works<br />
only, nor will UNOPS accept bids for only part <strong>of</strong> the works or part <strong>of</strong> any section <strong>of</strong> the<br />
works.<br />
15. ALTERNATIVE BIDS<br />
Alternative bids will not be evaluated unless stated otherwise in the Bid Particulars in Section<br />
I.<br />
If a bidder submits an alternative bid, it shall mark the original bid as “Initial Bid” and any<br />
subsequent bid as “Alternative Bid”.<br />
If the Bid Particulars in Section I do not state that alternative bids may be evaluated, and a<br />
bidder submits more than one bid:<br />
If:<br />
(i)<br />
(ii)<br />
(i)<br />
(ii)<br />
(iii)<br />
All bids marked as “Alternative Bid” will be disqualified and only the bid<br />
marked as “Initial Bid” will be evaluated; or,<br />
All bids will be rejected if no indication is provided as to which bid is the<br />
original bid and which is/are the alternative bid(s).<br />
the Bid Particulars in Section I state that alternative bids may be evaluated;<br />
the bidder has submitted an Initial Bid and an Alternative Bid which meets the<br />
requirements <strong>of</strong> this Article 15; and<br />
the bidder's Initial Bid has been evaluated and that bidder has been assessed<br />
as the preferred bidder,<br />
then UNOPS may consider, entirely in its own discretion, the Alternative Bid <strong>of</strong> the preferred<br />
bidder.<br />
16. BID SECURITY<br />
If the Bid Particulars in Section I state that bidders shall provide bid security, the bid security<br />
shall be in the form set out in Returnable Bid Schedule 2 – Form <strong>of</strong> Bid Security (see Section<br />
IV) and shall be for the amount set out in the Bid Particulars in Section I.<br />
The bid security shall be issued by a reputable banking institution. Reputable banking<br />
institutions are banks certified by the central bank <strong>of</strong> the country where the bank is located,<br />
to operate as a commercial bank. UNOPS may, at its discretion, reject any bid security that<br />
does not comply with this requirement.<br />
The bid security shall be valid until fifteen (15) days from the notice from UNOPS that the bid<br />
<strong>of</strong> the bidder has been rejected in the case <strong>of</strong> a rejected bid or after fifteen (15) days from<br />
the signature <strong>of</strong> a contract between UNOPS and the successful bidder, after which this bank<br />
guarantee will automatically become null and void, unless a dispute arises in relation to this<br />
bank guarantee.<br />
© UNOPS 2011<br />
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INVITATION TO BID<br />
Instructions<br />
Operational excellence for results that matter<br />
Operational excellence for results that matter Operational excellence for results that matter<br />
UNOPS shall have the right to request payment under the bid security:<br />
(i)<br />
(ii)<br />
if the bidder withdraws its bid prior to the end <strong>of</strong> the Bid Validity Period; or<br />
in the case <strong>of</strong> a successful bidder, if the bidder fails to sign the Contract<br />
resulting from this bid process in accordance with the terms and conditions<br />
set forth in its bid.<br />
Unsuccessful bidders shall organise with UNOPS to collect their bid security, UNOPS wil<br />
make this available to bidders within fifteen days after a bid has been rejected. UNOPS shall<br />
return the bid security to the successful bidder within fifteen days after UNOPS and the<br />
successful bidder have entered into the Contract.<br />
17. BID PRICE(S)<br />
Prices in the bid shall be quoted in the currency stated in the Bid Particulars in Section I. If<br />
applicable, for comparison and evaluation purposes, UNOPS will convert the bid prices into<br />
USD at the <strong>of</strong>ficial United Nations rate <strong>of</strong> exchange in force at the time <strong>of</strong> the Closing Date.<br />
18. DUTIES AND TAXES<br />
UNOPS is a tax exempt entity. All bids shall be submitted net <strong>of</strong> any direct taxes and any<br />
other taxes and duties, as specified in the Bid Particulars in Section I.<br />
19. SIGNATURE OF BIDS<br />
Bids shall be signed by the person authorized to do so in Returnable Bid Schedule 1 – Form<br />
<strong>of</strong> Bid (see Section IV). That person shall be authorized by the bidder to bind the bidder. A<br />
copy <strong>of</strong> such authorization shall be submitted along with the bid.<br />
20. LANGUAGE OF BIDS<br />
All bids, information, documents and correspondence exchanged between UNOPS and the<br />
bidders in relation to this bid process shall be in the language set out in the Bid Particulars in<br />
Section I.<br />
21. CLOSING DATE<br />
All bids shall be received by UNOPS by no later than the time and date set out in the Bid<br />
Particulars in Section I. It shall be the sole responsibility <strong>of</strong> the bidders to ensure that their<br />
bid is received by the Closing Date. UNOPS may reject any bid received after the Closing<br />
Date.<br />
22. BID SUBMISSION<br />
All bids shall be submitted to UNOPS in accordance with the requirements set out in the Bid<br />
Particulars in Section I.<br />
Bids that are not submitted in accordance with the provisions set out in the Bid Particulars in<br />
Section I may be rejected.<br />
© UNOPS 2011<br />
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INVITATION TO BID<br />
Instructions<br />
Operational excellence for results that matter<br />
23. OPENING OF BIDS<br />
Operational excellence for results that matter Operational excellence for results that matter<br />
Bidders may attend the opening <strong>of</strong> the bids. However, they shall not be allowed to attend<br />
the evaluation <strong>of</strong> the bids.<br />
Bids will be opened at the time and location set out in the Bid Particulars in Section I.<br />
24. PRELIMINARY EXAMINATION<br />
Upon opening <strong>of</strong> the bids, UNOPS shall proceed to a preliminary examination <strong>of</strong> the bids.<br />
UNOPS may reject any bid during the preliminary examination which does not comply with<br />
the requirements set out in this ITB, without further consultation with the bidder.<br />
Bids which are incomplete, frivolous, clearly not competitive or contain material deviations<br />
from or reservations to the terms <strong>of</strong> the Contract, may, in UNOPS' absolute discretion, be<br />
rejected or excluded from further consideration at any time during the evaluation, including<br />
after preliminary examination. A bidder may not be permitted to correct or withdraw material<br />
deviations or reservations in a bid once the bids have been opened.<br />
25. CLARIFICATION OF BIDS<br />
UNOPS may request clarification or further information in writing from the bidders at any<br />
time during the bid process. The bidders’ responses shall not contain any changes<br />
regarding the substance or price <strong>of</strong> the bid.<br />
UNOPS may use such information in interpreting and evaluating the relevant bid but is under<br />
no obligation to take it into account.<br />
26. EVALUATION METHODOLOGY AND CRITERIA<br />
UNOPS shall evaluate bids and select a preferred bidder pursuant to Section III <strong>of</strong> this ITB.<br />
27. OTHER UNOPS RIGHTS<br />
Subject to Section III <strong>of</strong> the ITB, UNOPS shall have no obligation to accept any bid, including<br />
the bid with the lowest price.<br />
In addition to its rights to clarify and amend this ITB, UNOPS may, in its absolute discretion,<br />
do all or any <strong>of</strong> the following:<br />
(i)<br />
(ii)<br />
(iii)<br />
(iv)<br />
(v)<br />
require additional information from bidders;<br />
change the structure and timing <strong>of</strong> the ITB;<br />
alter, terminate, suspend or defer the bid process or any part <strong>of</strong> or activity in<br />
it;<br />
consider or accept or reject any bid which is non-conforming;<br />
request, attend or conduct any site inspections or clarification meetings;<br />
© UNOPS 2011<br />
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INVITATION TO BID<br />
Instructions<br />
Operational excellence for results that matter<br />
(vi)<br />
Operational excellence for results that matter Operational excellence for results that matter<br />
request, attend or observe any product, plant, equipment or other<br />
demonstration, trial or test, provided UNOPS acts reasonably in so doing;<br />
(vii)<br />
abandon, cancel or otherwise not proceed with the bid process at any time<br />
prior to the award <strong>of</strong> a contract, without any liability toward the bidders and<br />
without providing any reason or notice to bidders.<br />
28. COLLECTION OF REJECTED OR UNSUCCESSFUL BIDS<br />
UNOPS shall make rejected bids available for collection by the bidders within fifteen days <strong>of</strong><br />
their rejection in the case <strong>of</strong> rejected bids, or within fifteen days <strong>of</strong> the execution <strong>of</strong> the<br />
Contract between UNOPS and the successful bidder in the case <strong>of</strong> unsuccessful bids.<br />
UNOPS shall not be responsible for returning rejected and unsuccessful bids to the bidders.<br />
29. CONFIDENTIALITY<br />
All information and documents provided to the bidders by UNOPS shall be treated as<br />
confidential by the bidders and shall:<br />
(i)<br />
(ii)<br />
(iii)<br />
remain the property <strong>of</strong> UNOPS;<br />
not be used for any purpose other than the purpose <strong>of</strong> preparing a bid; and<br />
be immediately returned to UNOPS in the event the bidder declines to<br />
respond to this ITB, or, in the event <strong>of</strong> a rejected or an unsuccessful bid,<br />
within fifteen days <strong>of</strong> being notified by UNOPS that its bid was rejected or<br />
unsuccessful.<br />
All information and documents provided to the bidders by UNOPS shall not be disclosed to<br />
any third party, except:<br />
(i)<br />
(ii)<br />
(iii)<br />
(iv)<br />
(v)<br />
with the prior written consent <strong>of</strong> UNOPS;<br />
where the third party is assisting a bidder in preparing the bid, provided the<br />
bidder has previously ensured that party's adherence to this duty <strong>of</strong><br />
confidentiality;<br />
if the information or documents is/are at the time <strong>of</strong> this ITB lawfully in the<br />
possession <strong>of</strong> the bidder through a party other than UNOPS;<br />
if required by law, and provided that the bidder has previously informed<br />
UNOPS in writing <strong>of</strong> its obligation to disclose the information or documents; or<br />
if the information is generally and publicly available other than as a result <strong>of</strong><br />
breach <strong>of</strong> confidence by the person receiving the information.<br />
30. ETHICS AND CORRUPT PRACTICES<br />
© UNOPS 2011<br />
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INVITATION TO BID<br />
Instructions<br />
Operational excellence for results that matter<br />
Operational excellence for results that matter Operational excellence for results that matter<br />
UNOPS requires that all bidders observe the highest standard <strong>of</strong> ethics during the entire bid<br />
process, as well as the duration <strong>of</strong> any contract that may be awarded as a result <strong>of</strong> this bid<br />
process. Therefore, all bidders shall represent and warrant that they:<br />
(i)<br />
(ii)<br />
(iii)<br />
have not unduly obtained, or attempted to unduly obtain, any confidential<br />
information in connection with the bid process and any contract that may be<br />
awarded a result <strong>of</strong> this bid process;<br />
have no conflict <strong>of</strong> interest that would prevent them from entering into a<br />
contract with UNOPS, and shall have no interest in other bidders or parties<br />
involved in this bid process or in the project underlying this bid process;<br />
have not engaged, or attempted to engage, in any Corrupt Practices in<br />
connection with this bid process or the contract that may be awarded as a<br />
result <strong>of</strong> this bid process. For the purposes <strong>of</strong> this provision, Corrupt Practices<br />
shall mean any <strong>of</strong> the following:<br />
<br />
bribery: the act <strong>of</strong> unduly <strong>of</strong>fering, giving, receiving or soliciting anything <strong>of</strong><br />
value to influence the process <strong>of</strong> procuring works, or executing contracts;<br />
extortion or coercion: the act <strong>of</strong> attempting to influence the process <strong>of</strong><br />
procuring works, or executing contracts by means <strong>of</strong> threat <strong>of</strong> injury to<br />
person, property or reputation;<br />
fraud: the misrepresentation <strong>of</strong> information or facts for the purpose <strong>of</strong><br />
influencing the process <strong>of</strong> procuring works, or executing the contracts, to<br />
the detriment <strong>of</strong> UNOPS or other participants; or<br />
collusion: the agreement between bidders designed to result in bids at<br />
artificial prices that are not competitive.<br />
(iv)<br />
have not been involved in, either directly or indirectly, nor have they funded,<br />
either directly or indirectly, any terrorist activities, notably upon basis <strong>of</strong> the<br />
consolidated list <strong>of</strong> individuals belonging to or associated with terrorist entities<br />
as established and maintained by the United Nations 1267 Committee.<br />
In the event that a bidder fails to comply with any <strong>of</strong> the above representations and<br />
warranties, UNOPS shall have the right to reject the bid submitted by such bidder, and to<br />
terminate any contract that may have been awarded as a result <strong>of</strong> this bid process<br />
immediately upon notice, without any liability for termination charges or any other liability <strong>of</strong><br />
any kind <strong>of</strong> UNOPS. In addition, the bidder may be precluded from doing business with<br />
UNOPS and any other entity <strong>of</strong> the United Nations System in the future.<br />
31. AUDIT<br />
Any bidder participating in this bid process shall agree to cooperate with the Office <strong>of</strong><br />
Internal Oversight Services <strong>of</strong> the United Nations, UNOPS Internal Audit and Investigations<br />
Group as well as with any other investigation units authorized by UNOPS Executive Director<br />
and UNOPS Ethics Officer to investigate any allegation <strong>of</strong> misconduct, and in particular any<br />
allegation <strong>of</strong> a breach <strong>of</strong> Article 30 above, in connection with this bid process or any contract<br />
that may be awarded as a result <strong>of</strong> this bid process.<br />
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INVITATION TO BID<br />
Instructions<br />
Operational excellence for results that matter<br />
Operational excellence for results that matter Operational excellence for results that matter<br />
In cooperating with UNOPS, the bidders shall give access to UNOPS, upon written request,<br />
to all employees, representatives, agents and assignees, as well as to all documents,<br />
records and other elements <strong>of</strong> the bidder that may be required to conduct such investigation.<br />
The failure <strong>of</strong> a bidder to comply with any <strong>of</strong> the above representations and warranties shall<br />
give UNOPS the right to disqualify the bid submitted by such bidder, and to terminate any<br />
contract that may have been awarded as a result <strong>of</strong> this bid process immediately upon<br />
notice, without any liability for termination charges or any other liability <strong>of</strong> any kind <strong>of</strong><br />
UNOPS. In addition, the bidder may be precluded from doing business with UNOPS and any<br />
other entity <strong>of</strong> the United Nations System in the future.<br />
32. BID PROTEST<br />
Any bidder that believes to have been unjustly treated in connection with this bid process or<br />
any contract that may be awarded as a result <strong>of</strong> such bid process may submit a complaint to<br />
UNOPS’ General Counsel. More information about bid protests can be found on UNOPS’<br />
website at www.unops.org.<br />
© UNOPS 2011<br />
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INVITATION TO BID<br />
Schedules<br />
Operational excellence for results that matter<br />
Operational excellence for results that matter<br />
Operational excellence for results that matter<br />
SECTION III<br />
EVALUATION METHOD AND CRITERIA<br />
33. EVALUATION<br />
Bids that have passed the preliminary examination shall be evaluated according to a twostep<br />
procedure. Evaluation <strong>of</strong> the Technical component shall be completed prior to any price<br />
component being opened and compared.<br />
Firstly, bids shall be evaluated for technical compliance based on:<br />
1. Experience <strong>of</strong> the Bidder<br />
2. Personnel Qualification <strong>of</strong> the Bidder<br />
3. Equipment schedule proposed for the project<br />
4. Methodology & preliminary programme <strong>of</strong> work & cash flow forecast<br />
5. Financial Capacity<br />
Secondly, bids that are found to be technically compliant shall be evaluated based on price<br />
and value for money, analysing all relevant costs, risks and benefits <strong>of</strong> each bid throughout<br />
the whole life cycle <strong>of</strong> the works and in the context <strong>of</strong> the project as a whole. The lowest<br />
priced bid will not necessarily be accepted.<br />
34. CRITERIA<br />
Technical Evaluation Criteria:<br />
Technical evaluation shall be based on allocation <strong>of</strong> points in the following basis;<br />
Total number <strong>of</strong> points that is obtainable for the Technical component shall be 100 points.<br />
1. Experience <strong>of</strong> the Bidder - 30 points<br />
2. Personnel Qualification <strong>of</strong> the Bidder - 20 points<br />
3. Equipment schedule proposed for the project - 10 points<br />
4. Methodology & preliminary programme <strong>of</strong> work & cash flow forecast - 25 points<br />
5. Financial Capacity - 15 points<br />
The Bidders that obtain a minimum <strong>of</strong> 25% <strong>of</strong> the marks allocated under each category<br />
(Category 1 to 5) above and obtain an aggregate <strong>of</strong> 70 points or more out <strong>of</strong> the maximum <strong>of</strong><br />
100 points are considered “Technically Compliant”.<br />
The evaluation criteria reflect the information being requested in the Returnable Bid<br />
Schedules.<br />
Some <strong>of</strong> the Returnable Bid Schedules will get points, whereas evaluation criteria for some<br />
<strong>of</strong> the schedules are marked as ‘Check and clarify’ and ‘Pass fail’ as listed below.<br />
If a bid fails a “pass fail” criteria they are ineligible and require no further evaluation.<br />
Non compliance with ‘Check and clarify’ evaluation criteria, such as those established under<br />
schedules 1, 3,9,10 and 11 below, may be rectified by the bidders prior to their (non)<br />
selection. Missing historical documents in the points allocating schedules may also be<br />
requested from the bidders by UNOPS at its own discretion through bid clarification process.<br />
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INVITATION TO BID<br />
Schedules<br />
Operational excellence for results that matter<br />
Operational excellence for results that matter<br />
Operational excellence for results that matter<br />
Returnable Bid Schedule 1 - Form <strong>of</strong> Bid<br />
The bidder’s form <strong>of</strong> bid is correctly filled out and dully signed.<br />
Check and clarify<br />
Returnable Bid Schedule 2 - Bid Security<br />
The bidder’s bid security complies with the ITB’s requirement.<br />
Pass / Fail<br />
Returnable Bid Schedule 3 - Bidder Details<br />
The bidder’s details are correctly filled out.<br />
Check and clarify<br />
Returnable Bid Schedule 5 - Preliminary Programme & cash flow Forecast<br />
The allocated time period is as listed below.<br />
Sub Project<br />
No<br />
SL35P1-0104<br />
Name <strong>of</strong> the Contract<br />
Construction <strong>of</strong> sewer disposal system and<br />
external works<br />
Time<br />
period/(months)<br />
5<br />
The bidder’s preliminary program demonstrates the bidder’s capacity to plan and programme<br />
the works within timelines that are consistent with industry practice, the project requirements<br />
and UNOPS' project technical staff programme. Programmes shall be presented in Gantt<br />
Charts using Micros<strong>of</strong>t Project & cash flow shall relate with programme. If the time period<br />
indicated for the substantial completion exceeds duration mentioned above, it shall carry<br />
zero marks for the evaluation.<br />
Total Points – 15 points<br />
i. Preliminary work programme - 10 points<br />
ii. Cash flow forecast<br />
- 5 points<br />
Returnable Bid Schedule 6 – Project Team and Organisational Structure<br />
The minimum requirement <strong>of</strong> the key personnel to be employed for the execution <strong>of</strong> the<br />
works is listed in the Returnable Bid schedule 6. The bidder’s project team and<br />
organizational structure demonstrate the capacity <strong>of</strong> the bidder’s core team and shall fulfill<br />
the minimum requirement to execute the works and should include all essential roles filled<br />
with people <strong>of</strong> the required experience. CV’s should be used to verify the experience <strong>of</strong> the<br />
bidder’s personnel.<br />
Total Points - 20 points<br />
i. List <strong>of</strong> proposed key personnel for the project - 10 points<br />
ii. Submission <strong>of</strong> CVs and relevant certificates - 10 points<br />
Returnable Bid Schedule 7 – Capacity Experience, Work in Hand and Completed.<br />
1. Number <strong>of</strong> similar contracts executed successfully during the last five [05] years.<br />
Each project listed shall be supported by certification from the respective Client for<br />
satisfactory completion <strong>of</strong> the services. Experience without client certificate will not be<br />
accepted.<br />
Total Points - 30 points<br />
i. Up to two projects - 10 points<br />
ii. From three to five projects - 20 points<br />
iii. More than five<br />
- 30 points<br />
© UNOPS 2011<br />
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INVITATION TO BID<br />
Schedules<br />
Operational excellence for results that matter<br />
Operational excellence for results that matter<br />
Operational excellence for results that matter<br />
2. Total turnover <strong>of</strong> all contracts within the last three [03] years. Minimum Turnover shall be<br />
LKR 90 million.<br />
Total Points – 15 points<br />
3. Capacity to undertake this contract within current workload.<br />
To get the pass mark for this criterion, the number <strong>of</strong> similar projects in hand shall not be<br />
more than five [05]. If the project is nearly in completion (90% to 100%), it will not be<br />
considered as a project in hand.<br />
Pass / Fail<br />
4. Key assets/Equipments that the bidder shall demonstrate adequate ownership <strong>of</strong>, or<br />
access to: Minimum required list <strong>of</strong> machineries and equipment is as shown in schedule<br />
8.<br />
Total points – 10 points<br />
Returnable Bid Schedule 8 – Outline Statement <strong>of</strong> Proposed Methods<br />
The bidder’s proposed method statement demonstrates the bidder’s capacity to plan and<br />
execute the works in a pr<strong>of</strong>essional and properly staged manner.<br />
Total Points - 10 points<br />
Returnable Bid Schedule 9 – Declaration<br />
The bidder’s declaration is correctly filled out.<br />
Check and clarify<br />
Returnable Bid Schedule 10 – Dispute Details<br />
The bidder’s filled out this schedule.<br />
Check and clarify<br />
Returnable Bid Schedule 11 – Addenda to ITB<br />
The bidder’s filled out this schedule.<br />
Check and clarify<br />
Financial Evaluation Criteria:<br />
Returnable Bid Schedule 4 – Bill <strong>of</strong> Quantities<br />
The Price components <strong>of</strong> tenders <strong>of</strong> “Technically Compliant” Bidder’s shall only be opened<br />
and evaluated on the following basis.<br />
(II) The quoted price for each item is compared with UNOPS’ Engineer’s Estimate <strong>of</strong> the<br />
respective item. Noticeable discrepancies <strong>of</strong> the bidder’s rates <strong>of</strong> each bid shall be<br />
identified and noted. Any bid with an unacceptable pricing pattern shall be rejected if<br />
the bidder could not submit valid explanation for same.<br />
(III) To assist in the examination, evaluation and comparison <strong>of</strong> bids, UNOPS may, at its<br />
discretion, ask any bidder for clarifications, including but not limited to breakdown <strong>of</strong><br />
unit rates. All requests for clarification shall be issued and responded to in writing and<br />
no change in the price or substance <strong>of</strong> the bid shall be sought, <strong>of</strong>fered or permitted,<br />
except as required in order to allow for correction <strong>of</strong> arithmetic errors discovered by<br />
UNOPS.<br />
(IV) Discrepancies and errors in the Price Component <strong>of</strong> the <strong>Tender</strong> will be corrected as<br />
follows:<br />
© UNOPS 2011<br />
23
INVITATION TO BID<br />
Schedules<br />
Operational excellence for results that matter<br />
Operational excellence for results that matter<br />
Operational excellence for results that matter<br />
and<br />
a) where there is a discrepancy between the total amount in figures and in<br />
words, the corrected amount in figures will govern; and<br />
b) where there is a discrepancy between the unit rate and the line item total resulting<br />
from multiplying the unit rate by the quantity, the quoted unit rate will<br />
govern, unless in the opinion <strong>of</strong> UNOPS there is an obviously gross misplacement<br />
<strong>of</strong> the decimal point in the unit rate, in which case the unit rate will<br />
be corrected and the line item total respected or corrected in accordance with<br />
this paragraph, if need be.<br />
c) If there is a discrepancy in between the sum in the Covering letter <strong>of</strong> the Price<br />
component and the quoted total sum <strong>of</strong> the BOQ, the lowest value is taken as<br />
the contract sum and the rates shall be adjusted accordingly.<br />
(V)<br />
The amount stated in the Bid shall be adjusted by UNOPS in accordance with the<br />
above procedure for the correction <strong>of</strong> errors and, with the concurrence <strong>of</strong> the bidder,<br />
shall be considered as binding upon the bidder. If the bidder does not accept the<br />
corrected amount, the bid will be rejected.<br />
35. AWARD CRITERIA<br />
UNOPS will recommend the <strong>High</strong> <strong>Commission</strong> <strong>of</strong> <strong>India</strong> in Sri Lanka to award the contract to<br />
the lowest evaluated priced bidder <strong>of</strong> the “Technically Compliant” bids.<br />
UNOPS reserves the right to accept or reject any bid, and to cancel the bidding process and<br />
reject all bids, at any time prior to the award <strong>of</strong> contract, without thereby incurring any liability<br />
to the affected bidder or bidders or any obligation to inform the affected bidder or bidders <strong>of</strong><br />
the grounds for such action.<br />
A Letter <strong>of</strong> Intent will be issued to the successful bidder to notify the intention to award the<br />
contract by the HCI. The successful Bidder, within ten (10) calendar days from the receipt <strong>of</strong><br />
the Letter <strong>of</strong> Intent from HCI shall submit a performance bond in the format attached to this<br />
document – Section V, from a bank acceptable to HCI, for a sum equivalent to 10% <strong>of</strong> the<br />
Contract Price and all other insurance certificates as stipulated in Section V <strong>of</strong> this Invitation<br />
to Bid. Upon submission and acceptance <strong>of</strong> all the above mentioned documents, the<br />
contract will be signed by the contractor and the HCI. Works shall be commenced within (07)<br />
calendar days upon signing <strong>of</strong> the contract by both parties.<br />
© UNOPS 2011<br />
24
INVITATION TO BID<br />
Schedules<br />
Operational excellence for results that matter<br />
Operational excellence for results that matter<br />
Operational excellence for results that matter<br />
SECTION IV<br />
RETURNABLE BID SCHEDULES<br />
© UNOPS 2011<br />
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INVITATION TO BID<br />
Schedules<br />
Operational excellence for results that matter<br />
Operational excellence for results that matter<br />
Operational excellence for results that matter<br />
Director & Representative<br />
United Nations Office for Project Services<br />
Sri Lanka Operations Centre<br />
UNOPS-LKOC<br />
118/5, Nawala Road<br />
<strong>Colombo</strong> 05<br />
Sri Lanka<br />
Dear Sir/Madam,<br />
RETURNABLE BID SCHEDULE 1<br />
FORM OF BID<br />
Subject: Invitation to Bid for the Construction <strong>of</strong> Sewer Disposal System and External<br />
Works for the Atchchuvali Industrial Estate Development Project in Jaffna District, Sri<br />
Lanka Funded by the Government <strong>of</strong> <strong>India</strong><br />
ITB Case No: LKOC / CMB / GIU / 80484 / 12 - 005<br />
1. We, [Name <strong>of</strong> Bidder], hereby submit a bid for the construction <strong>of</strong> the abovereferenced<br />
works in response to the above-referenced ITB.<br />
2. We warrant that in preparing and submitting this bid, we have complied with, and are<br />
willing to be bound by, any and all <strong>of</strong> the requirements and provisions <strong>of</strong> the abovereferenced<br />
ITB, including the terms and conditions <strong>of</strong> the Contract as set out in<br />
Section V <strong>of</strong> the ITB.<br />
3. Our bid shall remain valid for UNOPS’ acceptance until ninety (90) days from the<br />
Closing Date.<br />
4. We acknowledge and agree that:<br />
<br />
<br />
<br />
subject to Section III <strong>of</strong> the ITB, UNOPS is not bound to accept the lowest bid<br />
or any other bid it may receive in response to the above-referenced ITB;<br />
no liability <strong>of</strong> UNOPS and no binding contract exists until the Contract is<br />
executed by both parties;<br />
each party constituting the bidder is bound jointly and severally by this bid;<br />
5. If we attend a site inspection we agree to release UNOPS from all, and indemnify<br />
UNOPS in respect <strong>of</strong> any damage, expense, loss or liability <strong>of</strong> any nature suffered or<br />
incurred by UNOPS as a result <strong>of</strong>;<br />
(i)<br />
(ii)<br />
(iii)<br />
(iv)<br />
loss <strong>of</strong> or damage to any real or personal property;<br />
personal injury, disease or illness to, or death <strong>of</strong>, any person;<br />
financial loss or expense, arising out <strong>of</strong> the carrying out <strong>of</strong> that site inspection;<br />
and<br />
transportation by UNOPS to the site (if provided) as a result <strong>of</strong> any accidents<br />
or malicious acts by third parties.<br />
6. Enclosed is a bid security in the sum <strong>of</strong> [insert amount] in the form set out in the<br />
Returnable Bid Schedule 2 – Form <strong>of</strong> Bid Security, issued by [insert name <strong>of</strong> bank].<br />
© UNOPS 2011<br />
26
INVITATION TO BID<br />
Schedules<br />
Operational excellence for results that matter<br />
Operational excellence for results that matter<br />
Operational excellence for results that matter<br />
I, the undersigned, certify that I am duly authorized by [insert name <strong>of</strong> bidder] to sign this<br />
bid and bind [insert name <strong>of</strong> bidder] should UNOPS accept this bid:<br />
Name: ________________________________________________________________<br />
Title: _________________________________________________________________<br />
Date: _________________________________________________________________<br />
Signature: _____________________________________________________________<br />
In witness <strong>of</strong>:<br />
Name: ________________________________________________________________<br />
Title: __________________________________________________________________<br />
Date: _________________________________________________________________<br />
Signature: _____________________________________________________________<br />
[Stamp form <strong>of</strong> bid with <strong>of</strong>ficial stamp <strong>of</strong> the bidder]<br />
© UNOPS 2011<br />
27
INVITATION TO BID<br />
Schedules<br />
Operational excellence for results that matter<br />
Operational excellence for results that matter<br />
Operational excellence for results that matter<br />
RETURNABLE BID SCHEDULE 2<br />
FORM OF BID SECURITY<br />
BANK GUARANTEE FOR BID<br />
To: Director & Representative<br />
United Nations Office for Project Services<br />
Sri Lanka Operations Centre<br />
UNOPS-LKOC<br />
118/5, Nawala Road<br />
<strong>Colombo</strong> 05<br />
Sri Lanka<br />
[Insert Letterhead <strong>of</strong> Bank]<br />
Date: [insert]<br />
Dear [insert]<br />
Re: Bank Guarantee for Bid in response to Invitation to Bid, Case No. LKOC / CMB /<br />
GIU / 80484 / 12 - 005<br />
The United Nations Office for Project Services (UNOPS) issued an Invitation to Bid for the<br />
construction <strong>of</strong> Construction <strong>of</strong> Sewer Disposal System and External Works for<br />
Atchchuvali Industrial Estate Development Project in Jaffna District, Sri Lanka, Case<br />
No. LKOC / CMB / GIU / 80484 / 12 - 003 (ITB). In response to this ITB, [insert name <strong>of</strong><br />
bidder] has informed you <strong>of</strong> its intent to submit a bid.<br />
As required in the ITB, we, [insert bank], at the request <strong>of</strong> [insert name <strong>of</strong> bidder], hereby<br />
irrevocably and unconditionally undertake with UNOPS that whenever UNOPS gives written<br />
notice to us stating that in your sole and absolute judgment [insert name <strong>of</strong> bidder] has<br />
failed to comply with the terms and conditions <strong>of</strong> its bid, we will, notwithstanding any<br />
objection which may be made by [insert name <strong>of</strong> bidder], and without any right <strong>of</strong> set-<strong>of</strong>f or<br />
counterclaim, immediately pay to UNOPS the sum <strong>of</strong> [insert amount <strong>of</strong> bid security].<br />
This bank guarantee is valid and will continue to be valid from the date <strong>of</strong> this letter until<br />
fifteen (15) days from the notice from UNOPS that the bid submitted by [insert name <strong>of</strong><br />
bidder] has been rejected in the case <strong>of</strong> a rejected bid or after fifteen (15) days from the<br />
signature <strong>of</strong> a contract between UNOPS and the successful bidder, after which this bank<br />
guarantee will automatically become null and void, unless a dispute arises in relation to this<br />
bank guarantee.<br />
Any payment by us in accordance with this bank guarantee shall be in immediately available<br />
and freely transferable in Sri Lankan Rupees, free and clear <strong>of</strong> and without any deduction for<br />
or on account <strong>of</strong> any present or future taxes, levies, imposts, duties, charges, fees, set <strong>of</strong>f,<br />
counterclaims, deductions or withholdings <strong>of</strong> any nature whatsoever and by whomever<br />
imposed.<br />
Our obligations under this bank guarantee constitute direct primary, irrevocable and<br />
unconditional obligations, do not require any previous notice to or claim from [insert name<br />
<strong>of</strong> bidder] and will not be discharged or otherwise prejudiced or adversely affected by any:<br />
<br />
<br />
time, lenience or tolerance which you may grant to [insert name <strong>of</strong> bidder];<br />
intermediate payment or other fulfilment made by us;<br />
© UNOPS 2011<br />
28
INVITATION TO BID<br />
Schedules<br />
Operational excellence for results that matter<br />
Operational excellence for results that matter<br />
Operational excellence for results that matter<br />
<br />
<br />
change in the constitution or organisation <strong>of</strong> the [insert name <strong>of</strong> bidder]; or<br />
other matter or thing which in the absence <strong>of</strong> this provision would or might<br />
have that effect, except a discharge or amendment expressly made or agreed<br />
to by you in writing.<br />
This bank guarantee may not be assigned by UNOPS to any person, firm or company other<br />
than an affiliate, without our prior written consent, which shall not be unreasonably withheld.<br />
UNOPS shall notify us in writing <strong>of</strong> any assignment, after which we shall make any payment<br />
claimed under this bank guarantee to the person, firm or company specified in the notice<br />
which will constitute a full and valid release by us in relation to that payment.<br />
Any notice required by this bank guarantee is deemed to be given when delivered (in the<br />
case <strong>of</strong> personal delivery) or forty-eight (48) hours after being dispatched by prepaid<br />
registered post or recorded delivery (in the case <strong>of</strong> a letter) or as otherwise advised by and<br />
between the parties.<br />
We agree that part <strong>of</strong> the bid may be amended, renewed, extended, modified, compromised,<br />
released or discharged by mutual agreement between you and [insert name <strong>of</strong> bidder], and<br />
this security may be exchanged or surrendered without in any way impairing or affecting our<br />
abilities under this bank guarantee without notice to us and without the necessity <strong>of</strong> any<br />
additional endorsement, consent or guarantee by us, provided, however, that guaranteed<br />
sum does not increase or decrease.<br />
No action, event or condition which by any applicable law may operate to free us from<br />
liability under this bank guarantee will have any effect. We waive any right we may have to<br />
apply such law so that in all respects our liability under this bank guarantee will be<br />
irrevocable and, except as stated in this bank guarantee, unconditional in all respects.<br />
This bank guarantee is governed by the Uniform Rules for Demand Guarantees, ICC<br />
Publication No. 758, provided that the supporting statement under Article 15 (a), and Articles<br />
34 and 35 are excluded. Any disputes arising out or in connection with this bank guarantee,<br />
or the breach, termination, or invalidity there<strong>of</strong> will be referred to and finally resolved by<br />
arbitration in accordance with the UNCITRAL Arbitration Rules then in effect, the language<br />
<strong>of</strong> the proceedings being English.<br />
Nothing in or relating to this bank guarantee shall be deemed a waiver, express or implied,<br />
<strong>of</strong> any <strong>of</strong> the privileges and immunities <strong>of</strong> the United Nations, including its subsidiary organs,<br />
<strong>of</strong> which UNOPS is an integral part, which are hereby expressly reserved.<br />
Notices under this bank guarantee shall be made to:<br />
[insert contact information for notices]<br />
© UNOPS 2011<br />
29
INVITATION TO BID<br />
Schedules<br />
Operational excellence for results that matter<br />
Operational excellence for results that matter<br />
Operational excellence for results that matter<br />
IN WITNESS <strong>of</strong> which the [insert name <strong>of</strong> bank] has duly executed this Guarantee on the date<br />
stated above.<br />
SIGNED by [insert]<br />
as attorney for [insert]<br />
under power <strong>of</strong> attorney dated [insert]<br />
in the presence <strong>of</strong><br />
__________________________________________________________________________<br />
Signature <strong>of</strong> witness<br />
__________________________________________________________________________<br />
Name <strong>of</strong> witness<br />
____________________________________________________________________________<br />
____________________________________________________________________________<br />
____________________________________________________________________________<br />
____________________________________________________________________________<br />
Address <strong>of</strong> witness<br />
__________________________________________________________________________<br />
Occupation <strong>of</strong> witness<br />
___________________________________________________________________________<br />
By executing this agreement the attorney states that the attorney has received no notice <strong>of</strong><br />
revocation <strong>of</strong> the power <strong>of</strong> attorney<br />
© UNOPS 2011<br />
30
INVITATION TO BID<br />
Schedules<br />
Operational excellence for results that matter<br />
Operational excellence for results that matter<br />
Operational excellence for results that matter<br />
RETURNABLE BID SCHEDULE 3<br />
BIDDER'S DETAILS<br />
ITB Case No.:<br />
_______________________________________________________________________<br />
Name <strong>of</strong> bidder:<br />
_______________________________________________________________________<br />
Trade Licence title and No.:<br />
_______________________________________________________________________<br />
Address <strong>of</strong> registered<br />
<strong>of</strong>fice:__________________________________________________________________<br />
_______________________________________________________________________<br />
Name <strong>of</strong> bidder representative:<br />
_______________________________________________________________________<br />
Address for service <strong>of</strong> notices (if different than above):<br />
_______________________________________________________________________<br />
_______________________________________________________________________<br />
Phone number:<br />
_______________________________________________________________________<br />
Facsimile number:<br />
_______________________________________________________________________<br />
Mobile phone number:<br />
_______________________________________________________________________<br />
Email:<br />
_______________________________________________________________________<br />
<strong>Document</strong>s to be attached with this schedule:<br />
Copy <strong>of</strong> Business Registration<br />
Copy <strong>of</strong> ICTAD registration<br />
Copy <strong>of</strong> VAT Registration<br />
Power <strong>of</strong> Attorney from the company for the person who signs the Bid.<br />
© UNOPS 2011<br />
31
INVITATION TO BID<br />
Schedules<br />
Operational excellence for results that matter<br />
Operational excellence for results that matter<br />
Operational excellence for results that matter<br />
RETURNABLE BID SCHEDULE 4<br />
BILL OF QUANTITIES AND PRICING PREAMBLES<br />
ITB Case No.: _____________________________________________________________<br />
Name <strong>of</strong> bidder: ____________________________________________________________<br />
Date: ____________________________________________________________________<br />
Signature: ________________________________________________________________<br />
Note to bidders: Bidders shall provide rates and/or prices for all items listed in the Bill <strong>of</strong><br />
Quantities and Schedule <strong>of</strong> Rates for Variations and Day work Rates. Where an item is not<br />
priced and/or a rate is not provided in the Bill <strong>of</strong> Quantities such price and/or rate shall be<br />
deemed to be allowed for and included in other rates or prices contained in the Bill <strong>of</strong><br />
Quantities.<br />
The dully filled and signed BOQ with a covering letter indicating the total bid price,<br />
shall be sealed in a separate envelope marked as “Price component”<br />
© UNOPS 2011<br />
32
United Nations Office for Project Services<br />
BILLS OF QUANTITIES<br />
Development <strong>of</strong> Atchchuvali Industrial Estate in Jaffna District, Sri Lanka<br />
(Phase 01)<br />
CONSTRUCTION OF INFRASTRUCTURE FACILITIES<br />
Package 4: Sewer Disposal System and External Works<br />
Client:<br />
Ministry <strong>of</strong> Traditional Industries and Small Enterprise Development,<br />
Government <strong>of</strong> Sri Lanka<br />
Funded by:<br />
Government <strong>of</strong> <strong>India</strong><br />
Designed by:<br />
UNOPS - Physical Infrastructure Design Unit<br />
Implemented by:<br />
UNOPS - General Infrastructure Unit<br />
July 2012
BILLS OF QUANTITIES<br />
Development <strong>of</strong> Atchchuvali Industrial Estate in Jaffna District, Sri Lanka<br />
(Phase 01)<br />
CONSTRUCTION OF INFRASTRUCTURE FACILITIES<br />
PACKAGE 4: SEWER DIPOSAL SYSTEM AND EXTERNAL WORKS<br />
CONTENTS<br />
PRICING PREAMBLES AND NOTES<br />
BILLS OF QUANTITIES<br />
Summary - Package 04<br />
Bill No. 4A:<br />
Bill No 07:<br />
Bill No 08:<br />
Bill No. 4GP<br />
Preliminaries<br />
Sewer Disposal System<br />
External Work<br />
Day Work<br />
July 2012
BILLS OF QUANTITIES<br />
Development <strong>of</strong> Atchchuvali Industrial Estate in Jaffna District, Sri Lanka - (Phase 01)<br />
CONSTRUCTION OF INFRASTRUCTURE FACILITIES<br />
PACKAGE 4: SEWER DIPOSAL SYSTEM AND EXTERNAL WORKS<br />
GRAND SUMMARY - PACKAGE 04<br />
Description<br />
Amount<br />
LKR<br />
Amount USD *<br />
(* Not to be filled by the<br />
bidder)<br />
Bill No. 4A<br />
Bill No. 07<br />
Bill No. 08<br />
Preliminaries<br />
Sewer Disposal System<br />
External Work<br />
SUB TOTAL (1)<br />
Ddt - Preliminaries, Provisional Sums and Day Work<br />
SUB TOTAL (2)<br />
Ddt - Discount (if any)<br />
SUB TOTAL (3)<br />
Add - Preliminaries, Provisional Sums and Day Work<br />
GRAND TOTAL EXCLUDING VAT<br />
Note:<br />
Value Added Tax ( VAT ) …….. % - If Applicable<br />
LKR Conversion Rate to USD<br />
as at the date <strong>of</strong> bidding<br />
<strong>Tender</strong>er's VAT No. (if any) …………………..………………….…………...…........................................................................…<br />
<strong>Tender</strong> Amount (in words, specify currency ) ………...…...………..…….………………………...............................……………<br />
……....………..………..……………………………………....................................………………………………………..………….<br />
Name <strong>of</strong> Bidder: ……….…...…………....……..……………......................………………...………………………………………..<br />
Address: …………….....……….…....................................................…………...…………...…………………………………….<br />
……………...….……….…….…..……......................................……...…………………………………………………..<br />
Signature and Seal :<br />
Witnesses :-<br />
1. Signature : ……......……….....…………………… 2. Signature : ……..…..........................……………<br />
Name: ……………...…...............……………… Name: …………........…….…............................…<br />
Address: ……………….........…...…………...……<br />
Address: .......…….…...……………………………….<br />
……..…….…………......……...…………<br />
……...…….….…...………….............……..
United Nations Office for Project Services<br />
BILLS OF QUANTITIES<br />
Development <strong>of</strong> Atchchuvali Industrial Estate in Jaffna District, Sri Lanka<br />
(Phase 01)<br />
CONSTRUCTION OF INFRASTRUCTURE FACILITIES<br />
PACKAGE 4: SEWER DISPOSAL SYSTEM AND EXTERNAL WORKS<br />
Bill No 4A - Preliminaries<br />
Client:<br />
Ministry <strong>of</strong> Traditional Industries and Small Enterprise Development,<br />
Government <strong>of</strong> Sri Lanka<br />
Funded by:<br />
Government <strong>of</strong> <strong>India</strong><br />
Designed by:<br />
UNOPS - Physical Infrastructure Design Unit<br />
Implemented by:<br />
UNOPS - General Infrastructure Unit<br />
July 2012
Development <strong>of</strong> Atchchuvali Industrial Estate<br />
Jaffna District, Sri Lanka<br />
<strong>Tender</strong> Issue<br />
Bill No. 4A: Preliminaries<br />
Page B4A / 1<br />
BILLS OF QUANTITIES<br />
Bill No 4A - Preliminaries<br />
Development <strong>of</strong> Atchchuvali Industrial Estate in Jaffna District, Sri Lanka - (Phase 01)<br />
CONSTRUCTION OF INFRASTRUCTURE FACILITIES<br />
PACKAGE 4: SEWER DISPOSAL SYSTEM AND EXTERNAL WORKS<br />
Item Description Unit Qty<br />
Rate<br />
LKR<br />
Amount<br />
LKR<br />
4A<br />
Bill No 4A - Preliminaries<br />
Contractor shall leave blank any cells refering to items<br />
he has priced or included elsewhare within the<br />
respective work package. Note<br />
If the Engineer is <strong>of</strong> the opinion that any item in this<br />
section has not been fully attended by the Contractor,<br />
the Engineer may adjust amounts quoted by the<br />
Contractor for the items concerned. Note<br />
The <strong>Tender</strong>er is required to visit the site <strong>of</strong> the<br />
proposed work, as it is their responsibility to ascertain<br />
the conditions governing access to the site, the<br />
external working space, storage area etc., Note<br />
Cost and expenses in connection with any other<br />
preliminary item which is not listed below, but is<br />
necessary for the due completion <strong>of</strong> works, is deemed<br />
to be included in the tender rates. Note<br />
Mechanical plant and equipment which emits<br />
excessive noise, smoke, fumes, obnoxious gases etc.,<br />
will not be allowed to be used in the site, without the<br />
prior approval <strong>of</strong> the Engineer. Note<br />
The contractor shall be responsible for any loss or<br />
damage to the works, existing structures, adjoining<br />
structures and unfixed materials. Note<br />
The contractor shall be responsible for providing<br />
necessary lighting, watchmen, and other suitable<br />
security measures during construction until handing<br />
over. Note<br />
If no price has been stated against any item<br />
hereunder the Contractor will not be entitled to claim<br />
any money for such items even though he is obliged to<br />
execute the work or provide services described<br />
therein. Preliminary items priced by the <strong>Tender</strong>er are<br />
deem to include the cost <strong>of</strong> not-priced items.<br />
Note<br />
Package 4: Sewer Disposal System<br />
Preliminaries
Development <strong>of</strong> Atchchuvali Industrial Estate<br />
Jaffna District, Sri Lanka<br />
<strong>Tender</strong> Issue<br />
Bill No. 4A: Preliminaries<br />
Page B4A / 2<br />
Item Description Unit Qty<br />
The <strong>Tender</strong>er shall read, understand and acquaint<br />
himself with the requirements in the conditions <strong>of</strong><br />
contract Parts I & II, General Specification <strong>of</strong> work,<br />
Particular Specifications <strong>of</strong> Work, Instruction to<br />
<strong>Tender</strong>ers, Bidding Data, <strong>Tender</strong> Form, Appendix to<br />
<strong>Tender</strong> and preamble notes. It is the <strong>Tender</strong>er's<br />
responsibility to see that their price includes for<br />
compliance with all the above requirements whether<br />
specifically referred to in the Bills <strong>of</strong> Quantities or<br />
otherwise. Note<br />
Rate<br />
LKR<br />
Amount<br />
LKR<br />
Cost and expenses in connection with providing any<br />
protective netting, fencing, screens, barricades, railing,<br />
walk-ways at site and any other safety precautions to<br />
the required standard, is deemed to be included in the<br />
tender rates unless otherwise measured separately.<br />
Allow for all costs and expenses for complying with the<br />
General Conditions <strong>of</strong> contract and Specification.<br />
Note<br />
Note<br />
Fixed Charges<br />
4A.1 Allow for setting out <strong>of</strong> works on leveled ground, in<br />
accordance with drawings liaise with client to establish<br />
exact boundaries and other written information given<br />
by the Engineer and obtain written approval from the<br />
Relevant Government authorities for setting out, street<br />
and building lines before commencements <strong>of</strong><br />
construction. Also to make and maintain permanent<br />
bench marks <strong>of</strong> the setting out and obtaining the<br />
Certificate <strong>of</strong> Completion (CoC) from the Local<br />
Authority. The checking <strong>of</strong> any setting out or <strong>of</strong> any<br />
line or level by the Engineer shall not in any way<br />
relieve the Contractor <strong>of</strong> his responsibility for the<br />
accuracy there<strong>of</strong>. item 1<br />
4A.2 Provision <strong>of</strong> safety barricades including providing<br />
luminous warning tapes round open trenches, night<br />
lighting, sign boards, providing domed canopy <strong>of</strong><br />
corrugated metal over the parts <strong>of</strong> open trenches,<br />
provision <strong>of</strong> prefabricated walkways across the open<br />
trenches with suitable deck and protective handrails<br />
and any other safety measures as indstructed by the<br />
Employer's Representative. item 1<br />
4A.3 Allow for means <strong>of</strong> necessary noise and dust control<br />
as per the requirement under the Contract and to the<br />
approval by the Employer's Representative.<br />
item 1<br />
4A.4 Allow for providing safety and security for the Works<br />
and material as necessary and as per the requirement<br />
laid under the Contract, to the satisfaction <strong>of</strong> the<br />
Employer. item 1<br />
Page Total Carried to Collection<br />
LKR<br />
Package 4: Sewer Disposal System<br />
Preliminaries
Development <strong>of</strong> Atchchuvali Industrial Estate<br />
Jaffna District, Sri Lanka<br />
<strong>Tender</strong> Issue<br />
Bill No. 4A: Preliminaries<br />
Page B4A / 3<br />
Item Description Unit Qty<br />
Rate<br />
LKR<br />
Amount<br />
LKR<br />
4A.5 Allow for supplying temporary electricity for the<br />
Works and facilities <strong>of</strong> the contractor, engineer,<br />
contractor's staff and security lighting including<br />
connection, distribution system for the work, internal<br />
arrangements and all payment to the authorities for<br />
connections. It is the responsibility <strong>of</strong> the Contractor to<br />
ensure steady and uninterrupted power supply to<br />
Works. The Contractor shall not be entitled to claim<br />
and the Employer shall not pay cost incurred by the<br />
Contractor for using electric power generators or for<br />
using other alternative power supply method in case<br />
there happened to be disruptions to normal power<br />
supply due to any reason.<br />
4A.6 Allow for supply <strong>of</strong> water connection for the works<br />
including drinking water, and paying all charges and<br />
other expenses in connection with the supply from<br />
water mains or any other alternative method <strong>of</strong> water<br />
supply, storage and distribution. It is the sole<br />
responsibility <strong>of</strong> the contractor to ensure steady,<br />
uninterrupted adequate supply <strong>of</strong> water required for<br />
main contract and nominated sub contract work.<br />
item 1<br />
item 1<br />
4A.7 Allow for assembling and dismantling (after practical<br />
completion <strong>of</strong> work) <strong>of</strong> temporary site <strong>of</strong>fice <strong>of</strong><br />
adequate size with required facilities for the<br />
contractor's site management staff in accordance<br />
with iththe plans prepared dby the Contractor t and<br />
approved by the Engineer.<br />
(<strong>of</strong>fice layout and list <strong>of</strong> facilities should be submitted<br />
by the bidder along with his bid ) item 1<br />
4A.8 Allow for assembling and dismantling (after practical<br />
completion <strong>of</strong> works) <strong>of</strong> temporary building or buildings<br />
in accordance with the plans to be prepared by the<br />
Contractor and approved by the UNOPS engineer to<br />
accommodate the following;<br />
(i) Workers' rest room facilities<br />
(ii) Toilet and wash areas,<br />
The price shall include for construction and<br />
dismantling <strong>of</strong> above, on completion.<br />
Note<br />
Facilities to workman shall conform to the latest<br />
Public Health and Industrial Regulations. Note<br />
item 1<br />
4A.9 Allow for providing necessary open or lockable<br />
temporary storing space as required, <strong>of</strong> adequate<br />
size, including assembling and dismantling after<br />
practical completion, in accordance with the plans<br />
prepared by the Contractor and approved by the<br />
Employer's.<br />
(building layout should be submitted by the bidder<br />
along with his bid) item 1<br />
4A.10 Allow for temporarry Hoarding and Fencing around<br />
the working area,display <strong>of</strong> safety sign boards, night<br />
lights etc. and providing <strong>of</strong> safety nets, etc for safety <strong>of</strong><br />
workers and provision <strong>of</strong> all measures for maintaining<br />
safety during construction period as directed by the<br />
Employer's Representative.<br />
item 1<br />
Page Total Carried to Collection<br />
LKR<br />
Package 4: Sewer Disposal System<br />
Preliminaries
Development <strong>of</strong> Atchchuvali Industrial Estate<br />
Jaffna District, Sri Lanka<br />
<strong>Tender</strong> Issue<br />
Bill No. 4A: Preliminaries<br />
Page B4A / 4<br />
Item Description Unit Qty<br />
Rate<br />
LKR<br />
Amount<br />
LKR<br />
4A.11 Allow for maintaining daily records in the manner<br />
required by the Engineer to indicate factual details <strong>of</strong>: item 1<br />
(i) Number <strong>of</strong> workmen in different<br />
categories and the number <strong>of</strong> Foremen.<br />
Note<br />
(ii) Particulars <strong>of</strong> materials and goods<br />
brought to the site. Note<br />
(iii) Particulars <strong>of</strong> machinery & equipment<br />
brought to or taken out <strong>of</strong> site.<br />
Note<br />
(iv) Rain fall records.<br />
Note<br />
(v) Site Observations<br />
Note<br />
(vi) Site tests<br />
Note<br />
(vii) Laboratory tests<br />
Note<br />
(viii) Any other important records.<br />
Note<br />
4A.12 Allow for providing and maintenance <strong>of</strong> name board<br />
and advertising board to the specifications and as<br />
directed by the Engineer. Refer detail drawing and the<br />
preamble notes. item 1 DELETED<br />
Bonds and Guarantees<br />
4A.13 Allow sum for provide and maintain a performance<br />
guarantee to the value equal to 10% <strong>of</strong> the contract<br />
price from a bank acceptable to the Employer.<br />
item 1<br />
4A.14 Allow sum for provide and maintain a mobilization<br />
advance payment guarantee to the value as<br />
specified in the Conditions <strong>of</strong> Contract, from a bank<br />
acceptable to the Employer. item 1<br />
4A.15 Allow sum for obtain and maintain insurance policies<br />
issued by an insurance organization in Sri Lanka<br />
acceptable to the Employer conforming the<br />
requirement stipulated in the Conditions <strong>of</strong> Contract.<br />
The insurance policies shall be valid up to the period<br />
as stipulated in the conditions <strong>of</strong> contract.<br />
item 1<br />
Method Retated Charges<br />
4A.16<br />
4A.17<br />
Complying with all the requirements provided under<br />
the general and special conditions unless otherwise<br />
allowed for elsewhere in the Bills <strong>of</strong> Quantities. item 1<br />
Complying with all the requirements provided under<br />
the technical specifications unless otherwise<br />
allowed for elsewhere in the Bills <strong>of</strong> Quantities. item 1<br />
Page Total Carried to Collection<br />
LKR<br />
Package 4: Sewer Disposal System<br />
Preliminaries
Development <strong>of</strong> Atchchuvali Industrial Estate<br />
Jaffna District, Sri Lanka<br />
<strong>Tender</strong> Issue<br />
Bill No. 4A: Preliminaries<br />
Page B4A / 5<br />
Item Description Unit Qty<br />
Rate<br />
LKR<br />
Amount<br />
LKR<br />
4A.18 Allow for all costs in connection with preparing<br />
samples for testing, including making arrangements<br />
for testing <strong>of</strong> materials, goods etc, as stipulated in the<br />
Specification, obtaining test reports and submitting<br />
same to the Engineer's Representative.<br />
item 1<br />
4A.19 Allow for preparing and submitting to Engineer in<br />
sufficient number <strong>of</strong> copies the Programme <strong>of</strong> work<br />
referred to in the Conditions <strong>of</strong> Contract. The<br />
Programme shall be updated or revised as required by<br />
the Engineer. item 1<br />
4A.20 Allow for submission <strong>of</strong> three ( 03) copies <strong>of</strong><br />
progress reports each with five ( 05 ) photographs<br />
monthly covering all major activities taken place during<br />
that period and adequate no <strong>of</strong> photograph to monitor<br />
the progress. item 1<br />
4A.21 Allow for removal <strong>of</strong> rubbish and debris cleaning and<br />
clearing up site on completion, leaving all in good<br />
order in handing over. item 1<br />
4A.22 General Attendance on Nominated Sub Contractors<br />
item 1 DELETED<br />
Time Related Charges<br />
4A.23 Allow for payment as monthly bill for the consumption<br />
<strong>of</strong> electricity for the works. month 5<br />
4A.24 Allow for payment as monthly bill for the consumption<br />
<strong>of</strong> water for the works. month 5<br />
4A.25 Maintenance <strong>of</strong> Contractor's site <strong>of</strong>fice including<br />
providing stationery, cleaning and supply <strong>of</strong> other<br />
consumables as necessary for the works. month 5<br />
4A.26 Maintenance <strong>of</strong> workers' accommodation and<br />
sanitary facilities as necessary complying with the<br />
requirement by the Contract. month 5<br />
4A.27 Allow for maintaining site. The contractor shall be<br />
responsible for maintaining the site in clean and<br />
orderly fashion at all times and during the entire<br />
contract period. The Engineer's Representative shall<br />
make a percentage <strong>of</strong> the monthly rate or shall<br />
completely suspend the monthly amount if the<br />
contractor's maintenance found to be unacceptable.<br />
month 5<br />
Page Total carried to Collection<br />
LKR<br />
Package 4: Sewer Disposal System<br />
Preliminaries
Development <strong>of</strong> Atchchuvali Industrial Estate<br />
Jaffna District, Sri Lanka<br />
<strong>Tender</strong> Issue<br />
Bill No. 4A: Preliminaries<br />
Page B4A / 6<br />
Item Description Unit Qty<br />
Rate<br />
LKR<br />
Amount<br />
LKR<br />
4A.28 Allow for providing all necessary safety measures to<br />
workmen. The contractor shall submit his<br />
comprehensive safety plan with description and<br />
number in each safety device and other safety<br />
equipment proposed. The Engineer's Representative<br />
has the right to determine a percentage on each<br />
monthly bill as due to the Contractor, or he may<br />
suspend, reduce or delete the item from any Contract<br />
Payment if, in the opinion <strong>of</strong> the Employer’s<br />
Representative, the Contractor is not fulfilling his<br />
obligations. month 5<br />
4A.29 Allow for employing suitably qualified and<br />
experienced technical personnel on full time basis<br />
for contract and proper execution <strong>of</strong> contract work at<br />
the site. The Contractor shall employ such technical<br />
personnel as specified in the Conditions <strong>of</strong> Contracts.<br />
month 5<br />
Page Total carried to Collection<br />
LKR<br />
COLLECTION<br />
Page B4A / 2<br />
Page B4A / 3<br />
Page B4A / 4<br />
Page B4A / 5<br />
Page B4A / 6<br />
4A Total for Preliminaries carried to Package Summary LKR<br />
Package 4: Sewer Disposal System<br />
Preliminaries
United Nations Office for Project Services<br />
BILLS OF QUANTITIES<br />
Development <strong>of</strong> Atchchuvali Industrial Estate in Jaffna District, Sri Lanka<br />
(Phase 01)<br />
CONSTRUCTION OF INFRASTRUCTURE FACILITIES<br />
PACKAGE 4: SEWER DISPOSAL SYSTEM AND EXTERNAL WORKS<br />
Bill No 07: Sewer Disposal System<br />
Client:<br />
Ministry <strong>of</strong> Traditional Industries and Small Enterprise Development,<br />
Government <strong>of</strong> Sri Lanka<br />
Funded by:<br />
Government <strong>of</strong> <strong>India</strong><br />
Designed by:<br />
UNOPS - Physical Infrastructure Design Unit<br />
Implemented by:<br />
UNOPS - General Infrastructure Unit<br />
July 2012
BILLS OF QUANTITIES<br />
Development <strong>of</strong> Atchchuvali Industrial Estate in Jaffna District, Sri Lanka<br />
(Phase 01)<br />
CONSTRUCTION OF INFRASTRUCTURE FACILITIES<br />
PACKAGE 4: SEWER DISPOSAL SYSTEM AND EXTERNAL WORKS<br />
CONTENTS<br />
BILL NO 07: SEWER DISPOSAL SYSTEM<br />
Summary - Sewer Disposal System<br />
Bill No. 7P:<br />
Sewer Pipe Network<br />
Bill No. 7Q: Facultative Ponds 1 & 2<br />
Bill No. 7R:<br />
Bill No. 7S:<br />
Maturation Pond and Effluent Retention Area<br />
Pump Station<br />
July 2012
BILLS OF QUANTITIES<br />
Development <strong>of</strong> Atchchuvali Industrial Estate in Jaffna District, Sri Lanka<br />
(Phase 01)<br />
CONSTRUCTION OF INFRASTRUCTURE FACILITIES<br />
PACKAGE 4: SEWER DISPOSAL SYSTEM AND EXTERNAL WORKS<br />
Bill No 07: Sewer Disposal System<br />
SUMMARY<br />
Bill No<br />
Description<br />
Amount<br />
LKR<br />
Amount USD *<br />
(* Not to be filled by the<br />
bidder)<br />
Bill No. 4A Preliminaries Refer Bill No. 4A under this work package<br />
Bill No. 7P<br />
Sewer Pipe Network<br />
Bill No. 7Q Facultative Pond 1 & 2<br />
Bill No. 7R<br />
Maturation Pond and Effluent Retention Area<br />
Bill No. 7S<br />
Pump Station<br />
Total for Bill No. 07<br />
Carried to Summary - Package 04<br />
-<br />
LKR Conversion Rate to USD<br />
as at the date <strong>of</strong> bidding
Development <strong>of</strong> Atchchuvali Industrial Estate<br />
Jaffna District, Sri Lanka - Phase 01<br />
<strong>Tender</strong> Issue<br />
Bill No. 07: Sewer Disposal System<br />
Page B7 / 1<br />
BILLS OF QUANTITIES<br />
Bill No 07: Sewer Disposal System<br />
Development <strong>of</strong> Atchchuvali Industrial Estate in Jaffna District, Sri Lanka<br />
CONSTRUCTION OF INFRASTRUCTURE FACILITIES<br />
Item No. Description Qty. Unit<br />
Rate<br />
LKR<br />
Amount<br />
LKR<br />
7P<br />
7P1<br />
SEWER PIPE NETWORK<br />
Ground Work<br />
Examine the areas and conditions under which<br />
site work is performed. Do not proceed with the<br />
work until unsatisfactory conditions are<br />
corrected.<br />
Consult the records and drawings <strong>of</strong> adjacent<br />
work and <strong>of</strong> existing services and utilities which<br />
may affect site work operations.<br />
Coordinate work as needed with other work in<br />
adjacent areas<br />
Excavation trenches for the services including<br />
water supply, waste, sewer, storm water and<br />
Electrical installation are measured elsewhere<br />
Note<br />
Note<br />
Note<br />
Note<br />
(a)<br />
Unless other wise stated, Rate shall include for:<br />
Double handling and disposal <strong>of</strong> surplus<br />
excavated material as directed.<br />
Note<br />
(b) Any additional excavation for working space. Note<br />
() (c)<br />
Dredging, dewatering and disposal <strong>of</strong> surface<br />
water keeping all excavations and other working<br />
areas free from rain / ground water and<br />
percolating water by pumping or otherwise until<br />
completion <strong>of</strong> works.<br />
Note<br />
(d) Upholding sides <strong>of</strong> excavations. Note<br />
(e)<br />
Trimming and preparation <strong>of</strong> excavated surfaces<br />
where necessary.<br />
Note<br />
(f) Disposal <strong>of</strong> excavated material. Note<br />
(g) Filling and backfilling as required. Note<br />
(h) Removal <strong>of</strong> dead services if any. Note<br />
Package 4: Waste and Sewer Disposal System<br />
Sewer Pipe Network
Development <strong>of</strong> Atchchuvali Industrial Estate<br />
Jaffna District, Sri Lanka - Phase 01<br />
<strong>Tender</strong> Issue<br />
Bill No. 07: Sewer Disposal System<br />
Page B7 / 2<br />
Item No. Description Qty. Unit<br />
Excavation and Site Clearing<br />
7P1.1 Allow for site clearing over work area according<br />
to the site plan, including selective removal <strong>of</strong> all<br />
unwanted vegetation, done in consultation with<br />
the Employer's Representative. rate shall include<br />
for grubbing up <strong>of</strong> small trees having girth not<br />
exceeding 500 mm and removal <strong>of</strong> all debris <strong>of</strong>f<br />
site as directed. (Provisional quantity ) 15 m²<br />
7P1.2 Provisional quantity for removing top soil to an<br />
approximate depth not more than 250mm from<br />
existing ground level, including leveling and<br />
removal <strong>of</strong> surplus as directed by the Engineer.<br />
(Provisional quantity ) 15 m²<br />
Rate<br />
LKR<br />
Amount<br />
LKR<br />
Excavation for pipe trench for external pipe<br />
laying, (pipe measure separate), in any material<br />
other than rock requiring blasting, as per detail<br />
drawing. Rate shall include for necessary back<br />
filling, warning tapes, beddings, screed concrete<br />
work, protection and any other sundrymaterial<br />
and labour to complete work as per specification<br />
and detail drawings.<br />
7P1.3 Depth not exceeding 1.5m 224 m<br />
7P1.4 Depth exceeding 1.5m but not exceeding 2m 135 m<br />
7P1.5 Depth exceeding 2m but not exceeding 2.5m 167 m<br />
7P1.6 Depth exceeding 2.5m but not exceeding 3m 185 m<br />
7P1.7 Depth exceeding 3m but not exceeding 3.5m 189 m<br />
7P1.8 Depth exceeding 3.5m but not exceeding 4m 105 m<br />
7P1.9 Depth exceeding 4m but not exceeding 4.5m 80 m<br />
7P1.10 Depth exceeding 4.5m but not exceeding 5m 40 m<br />
7P1.11 Depth exceeding 5m but not exceeding 5.5m 12 m<br />
7P1.12 Excavation for trenches in rock, maximum depth<br />
1.0 to 2.0m commencing from reduced level.<br />
(Provisional quantity ) 1 m³<br />
Excavation ancillaries<br />
7P1.13 Preparation <strong>of</strong> excavated surfaces 512 m²<br />
7P1.14 Disposal <strong>of</strong> excavated materials on site as<br />
directed by the Engineer. 256 m³<br />
7P1.15 Disposal <strong>of</strong> excavated material <strong>of</strong>f site as<br />
directed by the Engineer. (Provisional quantity ) 5 m³<br />
7P1.1616 Allow sum for disposal <strong>of</strong> surface water<br />
keeping all excavations and other working areas<br />
free from rain / ground water and percolating<br />
water by pumping or otherwise until completion<br />
<strong>of</strong> works.<br />
1 item<br />
Page Total Carried to Collection<br />
LKR<br />
Package 4: Waste and Sewer Disposal System<br />
Sewer Pipe Network
Development <strong>of</strong> Atchchuvali Industrial Estate<br />
Jaffna District, Sri Lanka - Phase 01<br />
<strong>Tender</strong> Issue<br />
Bill No. 07: Sewer Disposal System<br />
Page B7 / 3<br />
Item No. Description Qty. Unit<br />
7P2<br />
SEWER DISPOSAL PIPE NETWORK<br />
Supplying, laying and jointing or fixing in position<br />
PVC pipes, fittings and specials, complete as<br />
shown in drawings and as directed. Rate to<br />
include for necessary additional excavation,<br />
preparation <strong>of</strong> surfaces, disposal <strong>of</strong> excavated<br />
material, upholding sides <strong>of</strong> excavation,<br />
backfilling, removal <strong>of</strong> dead services if any.<br />
Rate<br />
LKR<br />
Amount<br />
LKR<br />
Contractor shall refer to the drawings,<br />
specifications, notes, measurement and rate<br />
clauses and trade preambles before pricing.<br />
The contractor shall submit shop drawings for<br />
the approval <strong>of</strong> the Engineer, prior to<br />
commencing <strong>of</strong> the work.<br />
Unless otherwise specified by the drawings and<br />
the specifications:<br />
Unplasticized polyvinyl chloride (uPVC) pipes<br />
shall be used in the plumbing installation and<br />
they must conform in every respect to the<br />
requirements <strong>of</strong> SN8 <strong>of</strong> BS EN 1401-1-1998 or<br />
the relevant standards.<br />
All fittings and pipe specials used in the<br />
installation shall be suitable and compatible<br />
with all respects to the pipe line to which<br />
fittings and specials are fixed.<br />
Samples shall be provided for approval by the<br />
Engineer prior to purchase <strong>of</strong> all materials.<br />
Note<br />
Note<br />
Note<br />
Note<br />
Note<br />
Note<br />
Unless otherwise measured separately, rates for<br />
pipe work shall include for:<br />
Complying with the relevant, standard and<br />
regulations <strong>of</strong> the local authority and or any<br />
other relevant authorities.<br />
Allowing necessary work spaces, any<br />
additional excavation and back filling required<br />
during testing and commissioning and<br />
complying wih any other requirements as per<br />
the specifications.<br />
Supply and laying <strong>of</strong> pipes to falls.<br />
Connection to sides <strong>of</strong> manholes etc.<br />
Providing sleeves where pipes pass through<br />
walls, foundations etc.<br />
Providing GI sleeves as required for pipe<br />
protection where pp pipe is left exposed.<br />
Note<br />
Note<br />
Note<br />
Note<br />
Note<br />
Note<br />
Package 4: Waste and Sewer Disposal System<br />
Sewer Pipe Network
Development <strong>of</strong> Atchchuvali Industrial Estate<br />
Jaffna District, Sri Lanka - Phase 01<br />
<strong>Tender</strong> Issue<br />
Bill No. 07: Sewer Disposal System<br />
Page B7 / 4<br />
Item No. Description Qty. Unit<br />
Giving notices, obtaining permits, paying fees,<br />
fixing, testing and commissioning etc.<br />
Note<br />
Rate<br />
LKR<br />
Amount<br />
LKR<br />
Cutting and waste <strong>of</strong> pipes etc., and joining<br />
pipes.<br />
All specials such as elbows, bends, tees,<br />
junctions, and similar pipe fittings except for<br />
valves which will be measured separately.<br />
Casing to concrete, brick walls etc. and making<br />
good all works disturbed.<br />
Necessary screws, nails sockets, connection<br />
back nuts standard pipe fixing or supporting<br />
clips, saddles, brackets, holder bats, straps<br />
etc.<br />
Connecting <strong>of</strong> different types <strong>of</strong> pipes.<br />
Supply , installation, ti testing ti and commissioning<br />
i i<br />
after completion.<br />
Excavation, backfilling, disposal <strong>of</strong> surplus soil<br />
for items which are specifically mentioned.<br />
All shop fabrication work, marking, delivery,<br />
unloading, hoisting, erecting and fixing as per<br />
detail drawings.<br />
Members <strong>of</strong> any length.<br />
Cutting or forming holes, mortises, chases or<br />
the like and making good.<br />
Cutting to size and shape and joints in the<br />
running length.<br />
Grinding to a smooth finish, unless otherwise<br />
required.<br />
Pipe penetrations through floor slabs or beams<br />
where necessary.<br />
Sundry items related to the work where<br />
necessary as required by the Engineer.<br />
All necessary accessories, threaded and<br />
grooved fittings unless otherwise measured<br />
separately.<br />
Note<br />
Note<br />
Note<br />
Note<br />
Note<br />
Note<br />
Note<br />
Note<br />
Note<br />
Note<br />
Note<br />
Note<br />
Note<br />
Note<br />
Note<br />
Waste Water Pipe Network<br />
uPVC pipe with all necessary specials laid in<br />
trench / buried under floor or clipped to any<br />
location where necessary. (Excavation for trench<br />
measured separately)<br />
Type 600 uPVC Pipes<br />
7P2.1 90mm diameter 115 m<br />
7P2.2 110mm diameter 165 m<br />
Page Total Carried to Collection<br />
LKR<br />
Package 4: Waste and Sewer Disposal System<br />
Sewer Pipe Network
Development <strong>of</strong> Atchchuvali Industrial Estate<br />
Jaffna District, Sri Lanka - Phase 01<br />
<strong>Tender</strong> Issue<br />
Bill No. 07: Sewer Disposal System<br />
Page B7 / 5<br />
Item No. Description Qty. Unit<br />
7P2.3 Fittings for 110mm diameter pipe 2 nr<br />
7P2.4 160mm diameter 845 m<br />
Rate<br />
LKR<br />
Amount<br />
LKR<br />
7P2.5 Fittings for 160mm diameter pipe 12 nr<br />
7P2.6 225mm diameter 137 m<br />
7P2.7 225mm diameter pipe upto pond / drain as per<br />
detail (Provisional quantity ) 10 m<br />
7P2.8 Fittings for 225mm diameter pipe (Provisional<br />
quantity ) 10 nr<br />
7P3<br />
BUILDER'S WORK<br />
Precast concrete Manhole type MH, <strong>of</strong> size<br />
1000mm diameter (internally), including precast<br />
concrete rings, MS rungs encapsulated with<br />
EPDM and fixed to wall at 300mm centres, inlet<br />
and outlet connections as per detail, to complete<br />
the manhole in working order.<br />
7P3.1 Depth exceeding 1.5m but not exceeding 2.0m 4 nr<br />
Precast concrete Drop Manhole type MH, <strong>of</strong><br />
size 1000mm diameter (internally), including<br />
precast concrete rings, MS rungs encapsulated<br />
with EPDM and fixed to wall at 300mm centres,<br />
inlet and outlet connections with drop<br />
arrangement, as per detail, to complete the<br />
manhole in working order.<br />
7P3.2 Depth exceeding 2.0m but not exceeding 2.5m 3 nr<br />
7P3.3 Depth exceeding 2.5m but not exceeding 3.0m 3 nr<br />
7P3.4 Depth exceeding 3.0m but not exceeding 3.5m 5 nr<br />
7P3.5 Depth exceeding 3.5m but not exceeding 4.0m 3 nr<br />
7P3.6 Depth exceeding 4.0m but not exceeding 4.5m 1 nr<br />
7P3.7 Depth exceeding 4.5m but not exceeding 5.0m 2 nr<br />
7P3.8 Inspection Chamber IC, size 600x600x300mm<br />
deep (internally), including cover, haunching and<br />
benching inside the chamber, inlet and outlet<br />
connections and finishing internal wall faces, all<br />
as per detail drawings and to complete the<br />
chamber in working order.<br />
8 nr<br />
7P3.9 Interceptor Manhole type IM, size<br />
600x600x1500mm deep (internally), including<br />
cover, haunching and benching inside the<br />
chamber, pipe support blocks, inlet and outlet<br />
connections and finishing internal wall faces, all<br />
as per detail drawings and to complete the<br />
manhole in working order. 22 nr<br />
Page Total Carried to Collection<br />
LKR<br />
Package 4: Waste and Sewer Disposal System<br />
Sewer Pipe Network
Development <strong>of</strong> Atchchuvali Industrial Estate<br />
Jaffna District, Sri Lanka - Phase 01<br />
<strong>Tender</strong> Issue<br />
Bill No. 07: Sewer Disposal System<br />
Page B7 / 6<br />
Item No. Description Qty. Unit<br />
Rate<br />
LKR<br />
Amount<br />
LKR<br />
7P4<br />
MISCELLANEOUS WORK<br />
7P4.1 Supply and fixing in place <strong>of</strong> 600mm diameter<br />
heavy duty DI manhole cover and frame<br />
suitable for heavy traffic conditions, with lifting<br />
arrangement, lifting keys and locking<br />
arrangement, as per detail drawings and<br />
specification. 21 nr<br />
7P4.2 Provision for future connection <strong>of</strong> Stage 2 and<br />
3 sewage to the main sewer line, including<br />
provision <strong>of</strong> 150mm diameter radial tee with gate<br />
valve, as per detail and specifications. 1 item<br />
7P4.3 Supply and fixing <strong>of</strong> 1.5m high GI vent pipe with<br />
cowl as per detail and to the specification. 2 nr<br />
7P5<br />
GENERALLY<br />
Allow sum for all inspection, testing ti and<br />
commissioning <strong>of</strong> the entire installation,<br />
including all <strong>of</strong>f-site and factory testing;<br />
inspections to demonstrate compliance with<br />
relevant specifications and standards; operating<br />
the completed installation; submitting all relevant<br />
test record sheets during the construction<br />
phase.<br />
7P5.1 Testing <strong>of</strong> manholes 1 item<br />
7P5.2 Allow sum for testing and commissioning <strong>of</strong><br />
the installation as specified (Light and mirror test<br />
/ air test or otherwise as specified) as per<br />
specification for the pipes including submission<br />
<strong>of</strong> all required test reports and certificates.<br />
1 item<br />
7P5.3 Allow sum for testing <strong>of</strong> material as specified<br />
including submission <strong>of</strong> all required test reports<br />
and certificates. 1 item<br />
7P5.4 Allow sum for all incidental work for the entire<br />
installation, including factory finishing, fixing to all<br />
backgrounds by appropriate means, cutting and<br />
pinning, marking the position <strong>of</strong> all holes,<br />
mortises, chases and the like, and all making<br />
good. 1 item<br />
7P5.5 Allow sum as charges for future connection to<br />
the main sewer network inclusive <strong>of</strong> all<br />
coordination activities. 1 item<br />
7P5.6 Allow sum as charges for necessary authority<br />
approval inclusive all coordination activities<br />
such as giving notices, obtaining permits and the<br />
payment <strong>of</strong> fees in compliance with the<br />
requirement <strong>of</strong> the governmental, local<br />
authorities or other public authorities. 1 item<br />
7P5.7 Allow sum for trial operation and maintenance<br />
<strong>of</strong> the system for three (03) months, or otherwise<br />
as per the specification. 1 item<br />
Page Total Carried to Collection<br />
LKR<br />
Package 4: Waste and Sewer Disposal System<br />
Sewer Pipe Network
Development <strong>of</strong> Atchchuvali Industrial Estate<br />
Jaffna District, Sri Lanka - Phase 01<br />
<strong>Tender</strong> Issue<br />
Bill No. 07: Sewer Disposal System<br />
Page B7 / 7<br />
Item No. Description Qty. Unit<br />
7P5.8 Allow sum for reinstatement <strong>of</strong> internal roads<br />
and paved areas after completion <strong>of</strong> Works, to<br />
match with the existing road surface and to the<br />
approval, as and where required. 1 item<br />
7P5.9 Allow sum for supplying all spares as per the<br />
specifications and the Contract. 1 item<br />
Rate<br />
LKR<br />
Amount<br />
LKR<br />
7P5.10 Allow sum for prepare and submission <strong>of</strong> 03 sets<br />
<strong>of</strong> Shop drawings for complete Plumbing<br />
Installation work. Shop Drawings to be submitted<br />
in 3 sets <strong>of</strong> hard copies each as colour printed on<br />
A1 size paper and 01 set <strong>of</strong> s<strong>of</strong>t copies in<br />
AutoCAD compatible version in a compact disc.<br />
1 item<br />
7P5.11 Allow sum for prepare and submission <strong>of</strong> 03 sets<br />
<strong>of</strong> As Built drawings for complete Plumbing<br />
Installation Work. As Built drawings to be<br />
submitted in 3 sets <strong>of</strong> hard copies each as colour<br />
printed on A1 size paper and 01 set <strong>of</strong> s<strong>of</strong>t<br />
copies in AutoCAD compatible version in a<br />
compact disc. 1 item<br />
Page Total Carried to Collection<br />
LKR<br />
COLLECTION<br />
Page B7/2<br />
Page B7/4<br />
Page B7/5<br />
Page B7/6<br />
Page B7/7<br />
7P Total for Sewer Pipe Network To Summary LKR<br />
Package 4: Waste and Sewer Disposal System<br />
Sewer Pipe Network
Development <strong>of</strong> Atchchuvali Industrial Estate<br />
Jaffna District, Sri Lanka - Phase 01<br />
<strong>Tender</strong> Issue<br />
Bill No. 07: Sewer Disposal System<br />
Page B7 / 8<br />
BILLS OF QUANTITIES<br />
Bill No 07: Sewer Disposal System<br />
Development <strong>of</strong> Atchchuvali Industrial Estate in Jaffna District, Sri Lanka<br />
CONSTRUCTION OF INFRASTRUCTURE FACILITIES<br />
Item No. Description Qty. Unit<br />
7Q FACULTATIVE PONDS 1 & 2<br />
Rate<br />
LKR<br />
Amount<br />
LKR<br />
7Q1<br />
GROUND WORK<br />
Examine the areas and conditions under which<br />
site work is performed. Do not proceed with the<br />
work until unsatisfactory conditions are<br />
corrected.<br />
Consult the records and drawings <strong>of</strong> adjacent<br />
work and <strong>of</strong> existing services and utilities which<br />
may affect site work operations.<br />
Coordinate work as needed with other work in<br />
adjacent areas<br />
Excavation trenches for the services including<br />
water supply, waste, sewer, storm water and<br />
Electrical installation are measured elsewhere<br />
Note<br />
Note<br />
Note<br />
Note<br />
(a)<br />
Unless other wise specified, Rate shall include for:<br />
Double handling and disposal <strong>of</strong> surplus<br />
excavated material as directed.<br />
Note<br />
(b) Any additional excavation for working space. Note<br />
(c)<br />
Dredging, dewatering and disposal <strong>of</strong> surface<br />
water keeping all excavations and other working<br />
areas free from rain / ground water and<br />
percolating water by pumping or otherwise until<br />
completion <strong>of</strong> works.<br />
Note<br />
(d) Upholding sides <strong>of</strong> excavations. Note<br />
(e)<br />
Trimming and preparation p <strong>of</strong> excavated surfaces<br />
where necessary.<br />
Note<br />
(f) Disposal <strong>of</strong> excavated material. Note<br />
(g) Filling and backfilling as required. Note<br />
(h) Removal <strong>of</strong> dead services if any. Note<br />
Package 4: Sewer Disposal System Facultative Ponds 1 & 2
Development <strong>of</strong> Atchchuvali Industrial Estate<br />
Jaffna District, Sri Lanka - Phase 01<br />
<strong>Tender</strong> Issue<br />
Bill No. 07: Sewer Disposal System<br />
Page B7 / 9<br />
Item No. Description Qty. Unit<br />
Excavation<br />
Rate<br />
LKR<br />
Amount<br />
LKR<br />
7Q1.1 Allow for site clearing over work area according<br />
to the site plan, including selective removal <strong>of</strong> all<br />
unwanted vegetation, done in consultation with<br />
the Employer's Representative. rate shall include<br />
for grubbing up <strong>of</strong> small trees having girth not<br />
exceeding 500 mm and removal <strong>of</strong> all debris <strong>of</strong>f<br />
site as directed.<br />
7Q1.2 Provisional quantity for removing top soil to an<br />
approximate depth not more than 250mm from<br />
existing ground level, including leveling and<br />
removal <strong>of</strong> surplus as directed by the Engineer.<br />
4083 m²<br />
4083 m²<br />
7Q1.3 Excavation for facultative ponds (1 & 2) in<br />
material other than rock or artificial hard material<br />
with maximum depth 1.0- 2.0 m. 975 m³<br />
7Q1.4 Excavation in rock maximum depth 1.0 - 2.0m<br />
commencing from reduced level. (Provisional<br />
quantity ) 5 m³<br />
Excavation ancillaries<br />
7Q1.5 Preparation <strong>of</strong> excavated surfaces 3620 m²<br />
7Q1.6 Disposal <strong>of</strong> excavated materials on site as<br />
directed by the Engineer. 975 m³<br />
7Q1.7 Disposal <strong>of</strong> excavated material <strong>of</strong>f site as<br />
directed by the Engineer. (Provisional quantity ) 5 m³<br />
7Q1.8 Allow sum for disposal <strong>of</strong> surface water<br />
keeping all excavations and other working areas<br />
free from rain / ground water and percolating<br />
water by pumping or otherwise until completion<br />
<strong>of</strong> works. 1 item<br />
Filling<br />
7Q1.9 Filling to form embankment, with selected<br />
excavated material other than hard rock or<br />
artificial hard material. 4975 m³<br />
Page Total Carried to Collection<br />
LKR<br />
Package 4: Sewer Disposal System Facultative Ponds 1 & 2
Development <strong>of</strong> Atchchuvali Industrial Estate<br />
Jaffna District, Sri Lanka - Phase 01<br />
<strong>Tender</strong> Issue<br />
Bill No. 07: Sewer Disposal System<br />
Page B7 / 10<br />
Item No. Description Qty. Unit<br />
Rate<br />
LKR<br />
Amount<br />
LKR<br />
7Q2<br />
PIPEWORK INSIDE POND<br />
Supplying, laying and jointing or fixing in position<br />
PVC pipes, fittings and specials, complete as<br />
shown in drawings and as directed.<br />
Note<br />
Type 600 uPVC Inlet pipe<br />
7Q2.1 90mm diameter uPVC pipe, approximate length<br />
1800mm, (length to suit to site conditions) 1 nr<br />
7Q2.2 90mm diameter 90° uPVC socketed bend 1 nr<br />
Type 600 uPVC Outlet pipe<br />
7Q2.3 225mm diameter uPVC pipe pp approximate length<br />
1800mm, (length to suit to site conditions)<br />
1 nr<br />
7Q2.4 225mm diameter 90° uPVC socketed bend 1 nr<br />
7Q3<br />
MISCELLANEOUS WORK<br />
Complete following miscellaneous items as per<br />
the detail drawings and specification.<br />
Unless specified otherwise, rate to include for<br />
necessary formwork etc.<br />
Note<br />
Note<br />
7Q3.1 Cement stabilised soil layer, 75mm thick,<br />
having mix proportion <strong>of</strong> 9% cement and 91%<br />
soil, as per detail and specification. 3620 m²<br />
7Q3.2 Bitumin liner over cement stabilised soil layer<br />
(measured) with MC - 30 at a rate <strong>of</strong> 1 litre per<br />
square metre, or otherwise as specified. 3620 m²<br />
7Q3.3 Rip-rap layer, 75mm thick, comprising <strong>of</strong> 40-<br />
75mm diameter crushed stones, as per detail<br />
and specification. 1245 m²<br />
7Q3.4 Provision for casting suitable concrete<br />
protectove pad size 1.0x1.0m at the tank base<br />
at inlet pipe point to prevent wearing <strong>of</strong> the tank<br />
base and wall, as per specification. 2 nr<br />
7Q3.5 Mass concrete, Grade 10, 400x400mm size<br />
surround for the inlet / outlet pipes.<br />
(Provisional item ) 8 m<br />
Page Total Carried to Collection<br />
LKR<br />
Package 4: Sewer Disposal System Facultative Ponds 1 & 2
Development <strong>of</strong> Atchchuvali Industrial Estate<br />
Jaffna District, Sri Lanka - Phase 01<br />
<strong>Tender</strong> Issue<br />
Bill No. 07: Sewer Disposal System<br />
Page B7 / 11<br />
Item No. Description Qty. Unit<br />
Rate<br />
LKR<br />
Amount<br />
LKR<br />
7Q4<br />
GENERALLY<br />
7Q4.1 Allow sum for all inspection, testing and<br />
commissioning <strong>of</strong> the ponds, including all <strong>of</strong>fsite<br />
and factory testing; inspections to<br />
demonstrate compliance with relevant<br />
specifications and standards; operating the<br />
completed installation; submitting all relevant test<br />
record sheets during the construction phase.<br />
1 item<br />
7Q4.2 Allow sum for all incidental work for the entire<br />
installation, including factory finishing, fixing to all<br />
backgrounds by appropriate means, cutting and<br />
pinning, marking the position <strong>of</strong> all holes,<br />
mortises, chases and the like, and all making<br />
good. 1 item<br />
7Q4.3 Allow sum for prepare and submission <strong>of</strong> 03 sets<br />
<strong>of</strong> Shop drawings for complete Plumbing<br />
Installation work. Shop Drawings to be submitted<br />
in 3 sets <strong>of</strong> hard copies each as colour printed on<br />
A1 size paper and 01 set <strong>of</strong> s<strong>of</strong>t copies in<br />
AutoCAD compatible version in a compact disc.<br />
1 item<br />
7Q4.4 Allow provisional sum for prepare and<br />
submission <strong>of</strong> 03 sets <strong>of</strong> As Built drawings for<br />
complete Plumbing Installation Work. As Built<br />
drawings to be submitted in 3 sets <strong>of</strong> hard copies<br />
each as colour printed on A1 size paper and 01<br />
set <strong>of</strong> s<strong>of</strong>t copies in AutoCAD compatible version<br />
in a compact disc. 1 PS DELETED<br />
Page Total Carried to Collection<br />
LKR<br />
COLLECTION<br />
Page B7/09<br />
Page B7/10<br />
Page B7/11<br />
7Q Total for Facultative Ponds 1 & 2 To Summary LKR<br />
Package 4: Sewer Disposal System Facultative Ponds 1 & 2
Development <strong>of</strong> Atchchuvali Industrial Estate<br />
Jaffna District, Sri Lanka - Phase 01<br />
<strong>Tender</strong> Issue<br />
Bill No. 07: Sewer Disposal System<br />
Page B7 / 12<br />
BILLS OF QUANTITIES<br />
Bill No 07: Sewer Disposal System<br />
Development <strong>of</strong> Atchchuvali Industrial Estate in Jaffna District, Sri Lanka<br />
CONSTRUCTION OF INFRASTRUCTURE FACILITIES<br />
Item No. Description Qty. Unit<br />
Rate<br />
LKR<br />
Amount<br />
LKR<br />
7R<br />
7R1<br />
MATURATION POND AND EFFLUENT RETENTION AREA<br />
GROUND WORK<br />
Examine the areas and conditions under which<br />
site work is performed. Do not proceed with the<br />
work until unsatisfactory conditions are corrected.<br />
Consult the records and drawings <strong>of</strong> adjacent<br />
work and <strong>of</strong> existing services and utilities which<br />
may affect site work operations.<br />
Coordinate work as needed with other work in<br />
adjacent areas<br />
Excavation trenches for the services including<br />
water supply, waste, sewer, storm water and<br />
Electrical installation are measured elsewhere<br />
Note<br />
Note<br />
Note<br />
Note<br />
(a)<br />
Unless other wise specified, Rate shall include for:<br />
Double handling and disposal <strong>of</strong> surplus<br />
excavated material as directed.<br />
Note<br />
(b) Any additional excavation for working space. Note<br />
(c)<br />
Dredging, dewatering and disposal <strong>of</strong> surface<br />
water keeping all excavations and other working<br />
areas free from rain / ground water and<br />
percolating water by pumping or otherwise until<br />
completion <strong>of</strong> works.<br />
Note<br />
(d) Upholding sides <strong>of</strong> excavations. Note<br />
(e)<br />
Trimming and preparation <strong>of</strong> excavated surfaces<br />
where necessary.<br />
Note<br />
(f) Disposal <strong>of</strong> excavated material. Note<br />
(g) Filling and backfilling as required. Note<br />
(h) Removal <strong>of</strong> dead services if any. Note<br />
Package 4: Sewer Disposal System<br />
Maturation Pond and Effluent Retention Area
Development <strong>of</strong> Atchchuvali Industrial Estate<br />
Jaffna District, Sri Lanka - Phase 01<br />
<strong>Tender</strong> Issue<br />
Bill No. 07: Sewer Disposal System<br />
Page B7 / 13<br />
Item No. Description Qty. Unit<br />
Excavation<br />
Rate<br />
LKR<br />
Amount<br />
LKR<br />
7R1.1 Allow for site clearing over work area according<br />
to the site plan, including selective removal <strong>of</strong> all<br />
unwanted vegetation, done in consultation with<br />
the Employer's Representative. rate shall include<br />
for grubbing up <strong>of</strong> small trees having girth not<br />
exceeding 500 mm and removal <strong>of</strong> all debris <strong>of</strong>f<br />
site as directed.<br />
7R1.2 Provisional quantity for removing top soil to an<br />
approximate depth not more than 250mm from<br />
existing ground level, including leveling and<br />
removal <strong>of</strong> surplus as directed by the Engineer.<br />
1285 m²<br />
1285 m²<br />
7R1.3 Excavation for maturation pond in material<br />
other than rock or artificial hard material with<br />
maximum depth 1.0 - 2.0 m. 745 m³<br />
7R1.4 Excavation for storm water / waste effluent<br />
rention area in material other than rock or<br />
artificial hard material with maximum depth not<br />
exceeding 1.0m 3623 m³<br />
7R1.5 Excavation in rock maximum depth 1.0 to 2.0m<br />
commencing from reduced level. (Provisional<br />
quantity ) 5 m³<br />
Excavation Ancillaries<br />
7R1.6 Preparation <strong>of</strong> excavated surfaces 1110 m²<br />
7R1.7 Disposal <strong>of</strong> excavated materials on site as<br />
directed by the Engineer. 745 m³<br />
7R1.8 Disposal <strong>of</strong> excavated material <strong>of</strong>f site as<br />
directed by the Engineer. (Provisional quantity ) 5 m³<br />
7R1.9 Allow sum for disposal <strong>of</strong> surface water<br />
keeping all excavations and other working areas<br />
free from rain / ground water and percolating<br />
water by pumping or otherwise until completion <strong>of</strong><br />
works. 1 item<br />
Filling<br />
7R1.10 Filling to form embankment, with selected<br />
excavated material other than hard rock or<br />
artificial hard material. 180 m³<br />
Page Total Carried to Collection<br />
LKR<br />
Package 4: Sewer Disposal System<br />
Maturation Pond and Effluent Retention Area
Development <strong>of</strong> Atchchuvali Industrial Estate<br />
Jaffna District, Sri Lanka - Phase 01<br />
<strong>Tender</strong> Issue<br />
Bill No. 07: Sewer Disposal System<br />
Page B7 / 14<br />
Item No. Description Qty. Unit<br />
Rate<br />
LKR<br />
Amount<br />
LKR<br />
7R2<br />
MASONRY WORK<br />
Unless specified otherwise, rate shall include for:<br />
Working under restricted conditions<br />
Lifting, handling, weighting all rough and fair<br />
cutting, plumbing angles, normal straight cutting,<br />
forming rebated reveals and raking out joints <strong>of</strong><br />
plastering<br />
Reinforced concrete vertical and horizontal<br />
stiffeners as and where required.<br />
Note<br />
Note<br />
Note<br />
Random Rubble Masonry Work<br />
7R2.1 Random rubble masonry partition walls, 400mm<br />
thick x 1600mm high, inside the pond, including<br />
necessary screed and foundation work, as per<br />
detail drawings. 150 m²<br />
7R3<br />
PIPEWORK INSIDE POND<br />
Supplying, laying and jointing or fixing in position<br />
PVC pipes, fittings and specials, complete as<br />
shown in drawings and as directed.<br />
Note<br />
Type 600 uPVC Inlet pipe<br />
7R3.1 200mm diameter uPVC pipe, approximate length<br />
1800mm, (length to suit to site conditions)<br />
1 nr<br />
7R3.2 200mm diameter 90° uPVC socketed bend 1 nr<br />
Type 600 uPVC Outlet pipe<br />
7R3.3 200mm diameter uPVC pipe, approximate length<br />
1800mm, (length to suit to site conditions)<br />
1 nr<br />
7R3.4 200mm diameter 90° uPVC socketed bend 1 nr<br />
Page Total Carried to Collection<br />
LKR<br />
Package 4: Sewer Disposal System<br />
Maturation Pond and Effluent Retention Area
Development <strong>of</strong> Atchchuvali Industrial Estate<br />
Jaffna District, Sri Lanka - Phase 01<br />
<strong>Tender</strong> Issue<br />
Bill No. 07: Sewer Disposal System<br />
Page B7 / 15<br />
Item No. Description Qty. Unit<br />
Rate<br />
LKR<br />
Amount<br />
LKR<br />
7R4<br />
MISCELLANEOUS WORK<br />
Complete following miscellaneous items as per<br />
the detail drawings and specification.<br />
Unless specified otherwise, rate to include for<br />
necessary formwork etc.<br />
Note<br />
Note<br />
7R4.1 Cement stabilised soil layer, 75mm thick,<br />
having mix proportion <strong>of</strong> 9% cement and 91%<br />
soil, as per detail and specification. 1110 m²<br />
7R4.2 Bitumin liner over cement stabilised soil layer<br />
(measured) with MC - 30 at a rate <strong>of</strong> 1 litre per<br />
square metre, or otherwise as specified. 1110 m²<br />
7R4.3 Rip-rap layer, 75mm thick, comprising <strong>of</strong> 40-<br />
75mm diameter crushed stones, as per detail<br />
and specification. 452 m²<br />
7R4.4 Provision for casting suitable concrete<br />
protectove pad size 1.0x1.0m at the tank base<br />
at inlet pipe point to prevent wearing <strong>of</strong> the tank<br />
base and wall, as per specification. 1 nr<br />
7R4.5 Mass concrete, Grade 10, 400x400mm size<br />
surround for the inlet / outlet pipes. 2 m<br />
7R5<br />
GENERALLY<br />
7R5.1 Allow sum for all incidental work for the entire<br />
installation, including factory finishing, fixing to all<br />
backgrounds by appropriate means, cutting and<br />
pinning, marking the position <strong>of</strong> all holes,<br />
mortises, chases and the like, and all making<br />
good. 1 item<br />
7R5.2 Allow sum for all inspection, testing and<br />
commissioning <strong>of</strong> the ponds, including all <strong>of</strong>fsite<br />
and factory testing; inspections to<br />
demonstrate compliance with relevant<br />
specifications and standards; operating the<br />
completed installation; submitting all relevant test<br />
record sheets during the construction phase.<br />
7R5.3 Allow sum for prepare and submission <strong>of</strong> 03 sets<br />
<strong>of</strong> Shop drawings for complete Plumbing<br />
Installation work. Shop Drawings to be submitted<br />
in 3 sets <strong>of</strong> hard copies each as colour printed on<br />
A1 size paper and 01 set <strong>of</strong> s<strong>of</strong>t copies in<br />
AutoCAD compatible version in a compact disc.<br />
1 item<br />
1 item<br />
Page Total Carried to Collection<br />
LKR<br />
Package 4: Sewer Disposal System<br />
Maturation Pond and Effluent Retention Area
Development <strong>of</strong> Atchchuvali Industrial Estate<br />
Jaffna District, Sri Lanka - Phase 01<br />
<strong>Tender</strong> Issue<br />
Bill No. 07: Sewer Disposal System<br />
Page B7 / 16<br />
Item No. Description Qty. Unit<br />
Rate<br />
LKR<br />
Amount<br />
LKR<br />
7R5.4 Allow sum for prepare and submission <strong>of</strong> 03 sets<br />
<strong>of</strong> As Built drawings for complete Plumbing<br />
Installation Work. As Built drawings to be<br />
submitted in 3 sets <strong>of</strong> hard copies each as colour<br />
printed on A1 size paper and 01 set <strong>of</strong> s<strong>of</strong>t<br />
copies in AutoCAD compatible version in a<br />
compact disc. 1 item DELETED<br />
Page Total Carried to Collection<br />
LKR<br />
COLLECTION<br />
Page B7/13<br />
Page B7/14<br />
Page B7/15<br />
Page B7/16<br />
7R<br />
Total for Maturation Pond and Effluent<br />
Retention Area<br />
To Summary<br />
LKR<br />
Package 4: Sewer Disposal System<br />
Maturation Pond and Effluent Retention Area
Development <strong>of</strong> Atchchuvali Industrial Estate<br />
Jaffna District, Sri Lanka - Phase 01<br />
<strong>Tender</strong> Issue<br />
Bill No. 07: Sewer Disposal System<br />
Page B7 / 17<br />
BILLS OF QUANTITIES<br />
Bill No 07: Sewer Disposal System<br />
Development <strong>of</strong> Atchchuvali Industrial Estate in Jaffna District, Sri Lanka<br />
CONSTRUCTION OF INFRASTRUCTURE FACILITIES<br />
Item No. Description Qty. Unit<br />
Rate<br />
LKR<br />
Amount<br />
LKR<br />
7S<br />
7S1<br />
PUMP STATION<br />
GROUND WORK<br />
Examine the areas and conditions under which<br />
site work is performed. Do not proceed with the<br />
work until unsatisfactory conditions are corrected.<br />
Consult the records and drawings <strong>of</strong> adjacent<br />
work and <strong>of</strong> existing services and utilities which<br />
may affect site work operations.<br />
Coordinate work as needed with other work in<br />
adjacent areas<br />
Excavation trenches for the services including<br />
water supply, waste, sewer, storm water and<br />
Electrical installation are measured elsewhere<br />
Note<br />
Note<br />
Note<br />
Note<br />
(a)<br />
Unless other wise specified, Rate shall include for:<br />
Double handling and disposal <strong>of</strong> surplus<br />
excavated material as directed.<br />
Note<br />
(b) Any additional excavation for working space. Note<br />
(c)<br />
Dredging, dewatering and disposal <strong>of</strong> surface<br />
water keeping all excavations and other working<br />
areas free from rain / ground water and<br />
percolating water by pumping or otherwise until<br />
completion <strong>of</strong> works.<br />
Note<br />
(d) Upholding sides <strong>of</strong> excavations. Note<br />
(e)<br />
Trimming and preparation <strong>of</strong> excavated surfaces<br />
where necessary.<br />
Note<br />
(f) Disposal <strong>of</strong> excavated material. Note<br />
(g) Filling and backfilling as required. Note<br />
(h) Removal <strong>of</strong> dead services if any. Note<br />
Package 4: Sewer Disposal System<br />
Pump Station
Development <strong>of</strong> Atchchuvali Industrial Estate<br />
Jaffna District, Sri Lanka - Phase 01<br />
<strong>Tender</strong> Issue<br />
Bill No. 07: Sewer Disposal System<br />
Page B7 / 18<br />
Item No. Description Qty. Unit<br />
Excavation<br />
Rate<br />
LKR<br />
Amount<br />
LKR<br />
7S1.1 Allow for site clearing over work area according<br />
to the site plan, including selective removal <strong>of</strong> all<br />
unwanted vegetation, done in consultation with<br />
the Employer's Representative. rate shall include<br />
for grubbing up <strong>of</strong> small trees having girth not<br />
exceeding 500 mm and removal <strong>of</strong> all debris <strong>of</strong>f<br />
site as directed.<br />
7S1.2 Provisional quantity for removing top soil to an<br />
approximate depth not more than 250mm from<br />
existing ground level, including leveling and<br />
removal <strong>of</strong> surplus as directed by the Engineer.<br />
8 m²<br />
8 m²<br />
Excavation in material other than top soil, rock<br />
orartificialhardmaterial material, maximumdepth10to<br />
1.0 to<br />
2.0m commencing from reduced level.<br />
7S1.3 For pump station 44 m³<br />
7S1.4 For panel room bases 0.4 m³<br />
7S1.5 Excavation in rock maximum depth 1.0 to 2.0m<br />
commencing from reduced level. (Provisional<br />
quantity ) 5 m³<br />
Excavation ancillaries<br />
7S1.6 Preparation <strong>of</strong> excavated surfaces 13 m²<br />
7S1.7 Disposal <strong>of</strong> excavated materials on site as<br />
directed by the Engineer. 44 m³<br />
7S1.8 Disposal <strong>of</strong> excavated rock <strong>of</strong>f site as directed by<br />
the Engineer. (Provisional quantity ) 5 m³<br />
7S1.9 Allow provisional amount for disposal <strong>of</strong> surface<br />
water keeping all excavations and other working<br />
areas free from rain / ground water and<br />
percolating water by pumping or otherwise until<br />
completion <strong>of</strong> works. 1 item<br />
Filling<br />
7S1.10 Filling and backfilling to structures, with selected<br />
excavated material other than hard rock or<br />
artificial hard material. (Provisional quantity )<br />
5 m³<br />
Page Total Carried to Collection<br />
LKR<br />
Package 4: Sewer Disposal System<br />
Pump Station
Development <strong>of</strong> Atchchuvali Industrial Estate<br />
Jaffna District, Sri Lanka - Phase 01<br />
<strong>Tender</strong> Issue<br />
Bill No. 07: Sewer Disposal System<br />
Page B7 / 19<br />
Item No. Description Qty. Unit<br />
Rate<br />
LKR<br />
Amount<br />
LKR<br />
7S2<br />
IN SITU CONCRETE<br />
Reinforcement and formwork to be measured<br />
separately unless otherwise stated.<br />
Note<br />
Unless specified otherwise, rates shall include for:<br />
Depositing, handling, hoisting into position,<br />
vibrating, temperature control, curing etc. and<br />
making good after removal <strong>of</strong> formwork etc.<br />
Supplying and laying <strong>of</strong> gauge 1000 polythene on<br />
ground, where concrete is in direct contact with<br />
ground, before pouring concrete.<br />
Necessary concrete, forming work,<br />
reinforcement, loading, unloading, hoisting,<br />
transport, cutting, wastage, double handling, and<br />
fixing in place including excavation and<br />
earthwork for all precast concrete items.<br />
Note<br />
Note<br />
Note<br />
SUPPLY AND PLACING OF CONCRETE<br />
Mass Concrete 50mm thick - Grade C15<br />
7S2.1 Levelling Screed to tank 7.6 m³<br />
7S2.2 To panel room bases 4 m³<br />
Reinforced Concrete - Grade C25<br />
7S2.3 Panel room base, 100m thick 0.4 m³<br />
7S2.4 Plinth beam, panel room 0.1 m³<br />
7S2.5 In 100mm thick pump station base slab 0.32 m³<br />
7S2.6 In 250mm thick pump station base slab 1.3 m³<br />
7S2.7 In 150mm thick pump station tank top slab 0.76 m³<br />
7S2.8 In 100mm pump station wall 0.3 m³<br />
7S2.9 In 150mm pump station wall 77 7.7 m³<br />
FORMWORK<br />
Formwork in approved timber props, joists and<br />
planks as specified in technical specification and<br />
as formed in shapes as depicted in the Drawings.<br />
Rate to include for splayed edged, battens<br />
strutting, bolting, wedging, easing, striking,<br />
supporting and scaffolding/trusses for forms as<br />
required and removal complete.<br />
Note<br />
Note<br />
Page Total Carried to Collection<br />
LKR<br />
Package 4: Sewer Disposal System<br />
Pump Station
Development <strong>of</strong> Atchchuvali Industrial Estate<br />
Jaffna District, Sri Lanka - Phase 01<br />
<strong>Tender</strong> Issue<br />
Bill No. 07: Sewer Disposal System<br />
Page B7 / 20<br />
Item No. Description Qty. Unit<br />
Form Work - Plane Vertical<br />
Rough Finish<br />
7S2.10 To sides <strong>of</strong> pump station walls 11 m²<br />
Rate<br />
LKR<br />
Amount<br />
LKR<br />
7S2.11 To edges <strong>of</strong> 100mm thick base slab 4 m²<br />
7S2.12 To sides <strong>of</strong> plinth beam, panel room 1.8 m²<br />
Form Work - Circular<br />
Rough Finish<br />
7S2.13 To sides <strong>of</strong> circular walls 118 m²<br />
7S2.14 To edges <strong>of</strong> 250mm thick base slab 2.5 m²<br />
Form Work - Plane Vertical<br />
Rough Finish - left in<br />
7S2.15 In 200mm thick pump station top slab 5 m²<br />
REINFORCEMENT<br />
Supply and placing reinforcement bar ( fy = 460<br />
N/mm² ) deformed high yield steel bars to BS<br />
4449 all sizes as specified. Rate to include for<br />
cutting, bending, placing in position tied with<br />
binding wire cover blocks, chairs etc. complete.<br />
7S2.16 All diameters 0.952 t<br />
7S3<br />
MASONRY WORK<br />
Unless specified otherwise, rate shall include for:<br />
Working under restricted conditions<br />
Lifting, handling, weighting all rough and fair<br />
cutting, plumbing angles, normal straight cutting,<br />
forming rebated reveals and raking out joints <strong>of</strong><br />
plastering<br />
Reinforced concrete vertical and horizontal<br />
stiffeners for all walls exceeding 3m length and<br />
3m height where required.<br />
Note<br />
Note<br />
Note<br />
Random Rubble Masonry Work<br />
Up to DPC level<br />
7S3.1 150 x 225 mm random rubble masonry work in<br />
cement sand (1:5) mortar in foundations, panel<br />
room. m³ 0.9<br />
Page Total Carried to Collection<br />
LKR<br />
Package 4: Sewer Disposal System<br />
Pump Station
Development <strong>of</strong> Atchchuvali Industrial Estate<br />
Jaffna District, Sri Lanka - Phase 01<br />
<strong>Tender</strong> Issue<br />
Bill No. 07: Sewer Disposal System<br />
Page B7 / 21<br />
Item No. Description Qty. Unit<br />
Blockwork Wall<br />
7S3.2 150mm thick blockwork walls in panel room 13.2 m²<br />
Rate<br />
LKR<br />
Amount<br />
LKR<br />
7S4<br />
MISCELLANEOUS METALWORK<br />
Rate shall include for supplying and fixing in<br />
position as shown on drawing following items and<br />
as directed.<br />
Note<br />
7S4.1 Supply fabricate and installation <strong>of</strong> ro<strong>of</strong>ing work<br />
to panel room, including ro<strong>of</strong> covering and frame<br />
work, as per detail drawings, 6.8 m²<br />
7S4.2 Allow sum for contractor proposed suitable<br />
manually operated type lifting arrangement for<br />
the sewage pump (pump measured separately)<br />
including lifting chain complete with lifting rings,<br />
basket screen guide rails, guide rail supports,<br />
brackets and wedge anchors as per detail and to<br />
the approval. 1 item<br />
Supply and fixing in place 10mm MS plate<br />
manhole cover, with suitable lifting and locking<br />
arrangement, as per detail drawings and<br />
specification.<br />
7S4.3 Size 1455x1258mm 1 nos.<br />
7S4.4 Size 1390x870mm 1 nos.<br />
7S4.5 Size 665x508mm 1 nos.<br />
7S4.6 Size 350x350mm 1 nos.<br />
7S5<br />
PIPEWORK INSIDE PUMP STATION<br />
Supplying, laying and jointing or fixing in position<br />
DI pipes, fittings and specials, complete as<br />
shown in drawings and as directed.<br />
Contractor shall refer to the drawings,<br />
specifications, notes, measurement and rate<br />
clauses and trade preambles before pricing.<br />
The contractor shall submit shop drawings for the<br />
approval <strong>of</strong> the Engineer, prior to commencing <strong>of</strong><br />
the work.<br />
Samples shall be provided for approval by the<br />
Engineer prior to purchase <strong>of</strong> all materials.<br />
Note<br />
Note<br />
Note<br />
Note<br />
Page Total Carried to Collection<br />
LKR<br />
Package 4: Sewer Disposal System<br />
Pump Station
Development <strong>of</strong> Atchchuvali Industrial Estate<br />
Jaffna District, Sri Lanka - Phase 01<br />
<strong>Tender</strong> Issue<br />
Bill No. 07: Sewer Disposal System<br />
Page B7 / 22<br />
Item No. Description Qty. Unit<br />
Rate<br />
LKR<br />
Amount<br />
LKR<br />
Unless otherwise specified by the drawings and<br />
the specifications:<br />
Ductile Iron (DI) pipes shall be used in the<br />
installation and they must confirm in every<br />
respect to the requirements <strong>of</strong> the relevant<br />
standards.<br />
All fittings and pipe specials used in this section<br />
<strong>of</strong> work shall be suitable and compatible with all<br />
respects to the pipe line to which fittings and<br />
specials are fixed.<br />
Note<br />
Note<br />
Note<br />
Unless otherwise measured separately, rates for<br />
pipe work shall include for:<br />
Complying with the relevant, British or any<br />
other standard as given under the<br />
specifications and with the regulations <strong>of</strong> the<br />
local authority and or any other relevant<br />
authorities.<br />
Connection to sides <strong>of</strong> manholes etc.<br />
Cutting and waste <strong>of</strong> pipes etc., and joining<br />
pipes.<br />
All specials such as elbows, bends, tees,<br />
junctions, plugs, reducers, pipe connectors,<br />
and similar pipe fittings except for valves which<br />
will be measured separately.<br />
Providing sleeves and casing to concrete, brick<br />
walls etc. and making good all works disturbed.<br />
Necessary screws, nails sockets, connection<br />
back nuts standard pipe fixing or supporting<br />
clips, saddles, brackets, holder bats, straps etc.<br />
Connecting <strong>of</strong> different types <strong>of</strong> pipes.<br />
Excavation, backfilling, disposal <strong>of</strong> surplus soil<br />
for items which are specifically mentioned.<br />
Cutting or forming holes, mortises, chases or<br />
the like and making good.<br />
Cutting to size and shape and joints in the<br />
running length.<br />
Sundry items related to the work where<br />
necessary as required by the Engineer.<br />
All necessary accessories, threaded and<br />
grooved fittings unless otherwise measured<br />
separately.<br />
Note<br />
Note<br />
Note<br />
Note<br />
Note<br />
Note<br />
Note<br />
Note<br />
Note<br />
Note<br />
Note<br />
Note<br />
Package 4: Sewer Disposal System<br />
Pump Station
Development <strong>of</strong> Atchchuvali Industrial Estate<br />
Jaffna District, Sri Lanka - Phase 01<br />
<strong>Tender</strong> Issue<br />
Bill No. 07: Sewer Disposal System<br />
Page B7 / 23<br />
Item No. Description Qty. Unit<br />
DI Pipes<br />
As per detail and specification<br />
7S5.1 150mm diameter flanged and spigot 500mm long<br />
pipe with puddle flange fixed at the centre. 1 nos.<br />
Rate<br />
LKR<br />
Amount<br />
LKR<br />
7S5.2 80mm diameter flanged and spigot pipe with<br />
puddle flange. 1 nos.<br />
DI Specials and Fittings<br />
As per detail and specification<br />
7S5.3 80mm diameter x 90° double flanged bend 2 nos.<br />
7S5.4 80mm diameter flanged spigot pipe with puddle<br />
flange fixed at 300mm from flange end. 2 nos.<br />
7S5.5 80mm diameter flanged adaptor 2 nos.<br />
7S5.6 80mm diameter non return valve to BS 5153 2 nos.<br />
7S5.7 80mm diameter gate valve to BS 5150 2 nos.<br />
Included in the<br />
pump rate.<br />
7S5.8 80mm diameter x 90° double flanged long radius<br />
bend 1 nos.<br />
7S5.9 80mm diameter blanked flange 1 nos.<br />
7S5.10 80mm diameter all flanged radial tee 2 nos.<br />
7S5.11 80mm diameter 5110mm long double flanged<br />
pipe 3 nos.<br />
7S5.12 80mm diameter double flanged taper to suit<br />
pump outlet 3 nos.<br />
7S5.13 Duck foot bend to suit pump outlet 3 nos.<br />
7S6<br />
ELECTRICAL INSTALLATION<br />
Panel Board<br />
Supply and installation <strong>of</strong> following wall<br />
mounted/free standing Floor Distribution Boards.<br />
Enclosure: Wall mounted type powder coated<br />
1.5mm sheet steel with lockable doors and<br />
Indicator lamps for three phases.<br />
All breakers and other accessories shall be ABB,<br />
Terasaki, Siemens or equivalent approved by<br />
the Engineer.<br />
Main incoming MCCB could be accessible from<br />
the outside <strong>of</strong> the FDB.<br />
Note<br />
Note<br />
Note<br />
Note<br />
Page Total Carried to Collection<br />
LKR<br />
Package 4: Sewer Disposal System<br />
Pump Station
Development <strong>of</strong> Atchchuvali Industrial Estate<br />
Jaffna District, Sri Lanka - Phase 01<br />
<strong>Tender</strong> Issue<br />
Bill No. 07: Sewer Disposal System<br />
Page B7 / 24<br />
Item No. Description Qty. Unit<br />
Rate<br />
LKR<br />
Amount<br />
LKR<br />
Supply and installation <strong>of</strong> panel board, with Cu<br />
bus bars with neutral, Cu earth bar, wiring and<br />
other specials, as per electrical drawings and as<br />
approved by the Engineer.<br />
Note<br />
Sewage Pump Control Panel<br />
7S6.1 Allow sum for supply and installation <strong>of</strong> sewage<br />
pump control panel board, complete with power<br />
cable connection upto the pump and level<br />
sensors for the automatic on and <strong>of</strong>f <strong>of</strong> the pump,<br />
as per specification and as approved by the 1 item<br />
Sewage Pump<br />
Refer to the pump schedule and details given on<br />
the drawing no. 0230-00-PD-0801-00<br />
00 0801 00.<br />
Contractor shall submit to the Employer all<br />
required guarantees and warranties as per the<br />
specification.<br />
7S6.2 Supply and installation, testing and<br />
commissionning <strong>of</strong> following factory tested and<br />
factory assembled electric driven submersible<br />
sewage pump set with capacity 10l/sec. flow at<br />
20m head, including pressuriation unit, (02 nos<br />
pumps - one duty, one stand by), <strong>of</strong> approved<br />
make and quality conforming to relevant<br />
standards and installed as per Manufacturer's<br />
instructions, complete with all accerssories, as<br />
per schedule and specification.<br />
Note<br />
Note<br />
1 set<br />
7S7<br />
MISCELLANEOUS WORK<br />
Completion <strong>of</strong> below items as per detail drawings<br />
and specification and to the approval by the<br />
engineer.<br />
7S7.1 Supply and lay 1000 gauge polythne sheet damp<br />
pro<strong>of</strong> membrane, to panel room floor, as per<br />
detail. Rate shall include for laps and wastage.<br />
Note<br />
4 m²<br />
7S7.2 Providing PVC water bars, 250mm wide, as per<br />
detail drawings and specification. 14.5 m<br />
7S7.3 Providing insitu concrete supports / thrust<br />
blocks, as per detail drawings and specification.<br />
1 item<br />
7S7.4 63mm diameter GI vent pipe with cowl 1 nos.<br />
Page Total Carried to Collection<br />
LKR<br />
Package 4: Sewer Disposal System<br />
Pump Station
Development <strong>of</strong> Atchchuvali Industrial Estate<br />
Jaffna District, Sri Lanka - Phase 01<br />
<strong>Tender</strong> Issue<br />
Bill No. 07: Sewer Disposal System<br />
Page B7 / 25<br />
Item No. Description Qty. Unit<br />
Rate<br />
LKR<br />
Amount<br />
LKR<br />
7S8<br />
GENERALLY<br />
7S8.1 Allow sum for Testing and commissioning <strong>of</strong><br />
the entire installation by a Mechanical Engineer<br />
certified by the Government and obtaining a Test<br />
Certificate (3 rd party testing to approval <strong>of</strong> the<br />
Employer's Representative) including reinvestigation<br />
and certification <strong>of</strong> all <strong>of</strong>f-site and<br />
factory testing; inspections to demonstrate<br />
compliance with relevant standards and<br />
operating the completed installation as per<br />
specification. 1 item<br />
7S8.2 Allow sum for Testing <strong>of</strong> material as specified<br />
including submission <strong>of</strong> all required test reports<br />
and certificates. 1 item<br />
7S8.3 Allow sum for provide sleeves as specified. 1 item<br />
7S8.4 Allow sum for training the Employer's Staff to<br />
operate and maintain the Installations. 1 item<br />
7S8.5 Allow sum for supplying all spares as per the<br />
specifications and the Contract. 1 item<br />
7S8.6 Allow sum for providing comprehensive<br />
equipment documentation including operating<br />
instructions and maintenance manuals, record<br />
documents, warranties, guarantees, drawings<br />
and the like. (3 copies each)<br />
1 item<br />
7S8.7 Allow sum for providing in suitable quantities <strong>of</strong><br />
all special tools, operating handles and keys or<br />
other equipment necessary for installation,<br />
maintenance or operation <strong>of</strong> the completed<br />
installation, including consumable spares. 1 item<br />
7S8.8 Allow sum for all identification including<br />
painting, marking good and labelling. 1 item<br />
7S8.9 allow sum for supply and install instruction plate<br />
as shown in per the drawings and specification.<br />
1 item<br />
7S8.10 Allow sum for preparation and submission <strong>of</strong> 3<br />
sets <strong>of</strong> hard copies <strong>of</strong> Shop drawings and a set<br />
<strong>of</strong> s<strong>of</strong>t copies in AutoCAD compatible version, in 1 item<br />
7S8.11 Preparation and submission <strong>of</strong> 3 sets <strong>of</strong> hard<br />
copies <strong>of</strong> As Built drawings, and a set <strong>of</strong> s<strong>of</strong>t<br />
copies in AutoCAD compatible version, in a CD 1 item<br />
Page Total Carried to Collection<br />
LKR<br />
Package 4: Sewer Disposal System<br />
Pump Station
Development <strong>of</strong> Atchchuvali Industrial Estate<br />
Jaffna District, Sri Lanka - Phase 01<br />
<strong>Tender</strong> Issue<br />
Bill No. 07: Sewer Disposal System<br />
Page B7 / 26<br />
Item No. Description Qty. Unit<br />
Rate<br />
LKR<br />
Amount<br />
LKR<br />
COLLECTION<br />
Page B7/18<br />
Page B7/19<br />
Page B7/20<br />
Page B7/21<br />
Page B7/23<br />
Page B7/24<br />
Page B7/25<br />
7S Total for Pump Station To Summary LKR<br />
Package 4: Sewer Disposal System<br />
Pump Station
United Nations Office for Project Services<br />
BILLS OF QUANTITIES<br />
Development <strong>of</strong> Atchchuvali Industrial Estate in Jaffna District, Sri Lanka<br />
(Phase 01)<br />
CONSTRUCTION OF INFRASTRUCTURE FACILITIES<br />
Package 4: Sewer Diposal System and External Works<br />
Bill No 08: External Work<br />
Client:<br />
Ministry <strong>of</strong> Traditional Industries and Small Enterprise Development,<br />
Government <strong>of</strong> Sri Lanka<br />
Funded by:<br />
Government <strong>of</strong> <strong>India</strong><br />
Designed by:<br />
UNOPS - Phisical Infrastructure Design Unit<br />
Implemented by:<br />
UNOPS - General Infrastructure Unit<br />
July 2012
BILLS OF QUANTITIES<br />
Development <strong>of</strong> Atchchuvali Industrial Estate in Jaffna District, Sri Lanka<br />
(Phase 01)<br />
CONSTRUCTION OF INFRASTRUCTURE FACILITIES<br />
PACKAGE 04 - SEWER DISPOSAL SYSTEM AND EXTERNAL WORKS<br />
CONTENTS<br />
BILL NO. 08: EXTERNAL WORKS<br />
Summary - External Works<br />
Bill No. 8P:<br />
S<strong>of</strong>t Landscaping<br />
July 2012
BILLS OF QUANTITIES<br />
Bill No 08: External Work<br />
Development <strong>of</strong> Atchchuvali Industrial Estate in Jaffna District, Sri Lanka - (Phase 01)<br />
CONSTRUCTION OF INFRASTRUCTURE FACILITIES<br />
PACKAGE 4: SEWER DIPOSAL SYSTEM AND EXTERNAL WORKS<br />
SUMMARY<br />
Description<br />
Amount<br />
LKR<br />
Amount USD *<br />
(* Not to be filled by the<br />
bidder)<br />
Bill No. 4A<br />
Bill No. 8P<br />
Preliminaries<br />
S<strong>of</strong>t Landscaping<br />
Refer Bill No. 4A under this work package<br />
Total for Bill No. 08<br />
Carried to Summary - Package 04<br />
LKR Conversion Rate to USD<br />
as at the date <strong>of</strong> bidding
Development <strong>of</strong> Atchchuvali Industrial Estate<br />
Jaffna District, Sri Lanka - Phase 01<br />
<strong>Tender</strong> Issue<br />
Bill No. 08: External Work<br />
Page B8 / 1<br />
BILLS OF QUANTITIES<br />
Bill No 08: External Work<br />
Development <strong>of</strong> Atchchuvali Industrial Estate in Jaffna District, Sri Lanka<br />
CONSTRUCTION OF INFRASTRUCTURE FACILITIES<br />
Item No. Description Qty. Unit<br />
Rate<br />
LKR<br />
Amount<br />
LKR<br />
8P<br />
SOFT LANDSCAPING<br />
BOQ items 4F3.3 and 4F3.5 under Insidental<br />
Works in Bill No 05: Internal Road Network will<br />
be superseded by the respective items under this<br />
bill.<br />
The following s<strong>of</strong>t landscaping work shall be<br />
carried out generally in accordance with<br />
Architectural Specifications.<br />
Note<br />
Note<br />
8P1<br />
Ground Work<br />
Examine the areas and conditions under which<br />
site work is performed. Do not proceed with the<br />
work until unsatisfactory conditions are corrected.<br />
Consult the records and drawings <strong>of</strong> adjacent<br />
work and <strong>of</strong> existing services and utilities which<br />
may affect site work operations.<br />
Coordinate work as needed with other work in<br />
adjacent areas.<br />
Note<br />
Note<br />
Note<br />
(a)<br />
(b)<br />
Unless other wise stated, Rate shall include for:<br />
Transpotation to and within site, loading,<br />
unloading, hoisting and handling.<br />
Supply and planting <strong>of</strong> all trees plants shrubs or<br />
grasing as per specification and as directed.<br />
Note<br />
Note<br />
(c)<br />
Providing temporary supports with stakes or guy,<br />
suitable temporary guard fencing round planted<br />
trees and shading as required.<br />
Note<br />
(d)<br />
Providing protection and keeping under shade<br />
and suitable conditions all trees, plants and<br />
shrubs until planted in place.<br />
Note<br />
(e)<br />
Obtaining all necessary permission for supply<br />
and delivary <strong>of</strong> the plants and trees as required.<br />
Note<br />
(f) Disposal <strong>of</strong> excavated material. Note<br />
Package 4: Waste and Sewer Disposal System<br />
S<strong>of</strong>t Landscaping
Development <strong>of</strong> Atchchuvali Industrial Estate<br />
Jaffna District, Sri Lanka - Phase 01<br />
<strong>Tender</strong> Issue<br />
Bill No. 08: External Work<br />
Page B8 / 2<br />
Item No. Description Qty. Unit<br />
Excavation and Site Clearing<br />
Rate<br />
LKR<br />
Amount<br />
LKR<br />
8P1.1 Allow for site clearing over work area according<br />
to the site plan, including selective removal <strong>of</strong> all<br />
unwanted vegetation, done in consultation with<br />
the Employer's Representative. rate shall include<br />
for grubbing up <strong>of</strong> small trees having girth not<br />
exceeding 500 mm and removal <strong>of</strong> all debris <strong>of</strong>f<br />
site as directed. (Provisional quantity )<br />
25 m²<br />
8P1.2 Removing existing top soil / vegetation ripping<br />
as necessary to loosen any over compaction and<br />
removal <strong>of</strong> any building debris, mortar,<br />
contaminated soil in planting and turfing areas.<br />
(Provisional quantity ) 5 m²<br />
8P2<br />
GROUND PREPARATION<br />
Excavating pits for planting root balled plants<br />
and trees (trees listed separately)<br />
8P2.1 Pits <strong>of</strong> size 0.5m × 0.5m × 0.5m for trees <strong>of</strong><br />
height between 1.0m - 2.5m 75 nr<br />
8P2.22<br />
Pits <strong>of</strong> size 1m × 1m × 1m for trees above 3m<br />
height. 61 nr<br />
8P2.3 General filling over ground in specified areas for<br />
turfing, to a minimum compacted thickness <strong>of</strong><br />
300mm with imported approved quality earth (red<br />
soil) layer, moist and compacted in 150mm<br />
layers, all as specified and to the approval.<br />
(Provisional quantity ) 150 m²<br />
Filling with imported approved quality earth (red<br />
soil) layer, moist and compacted in 150mm<br />
layers, as specified and to the approval, in<br />
following:<br />
8P2.4 In planting pits 65 m³<br />
8P2.5 In planting trough (included in the plant trough<br />
item ) m³ n/a<br />
Top Soil Filling<br />
Supply spreading and compacting in 150mm<br />
layers sandy loam top soil layer (sand : coir dust<br />
: cowdung / compost – 1:1:1) to a minimum<br />
compacted thickness <strong>of</strong> 150mm as specified in<br />
following areas:<br />
8P2.6 In planting pits 79 m²<br />
Page Total Carried to Collection<br />
LKR<br />
Package 4: Waste and Sewer Disposal System<br />
S<strong>of</strong>t Landscaping
Development <strong>of</strong> Atchchuvali Industrial Estate<br />
Jaffna District, Sri Lanka - Phase 01<br />
<strong>Tender</strong> Issue<br />
Bill No. 08: External Work<br />
Page B8 / 3<br />
Item No. Description Qty. Unit<br />
Top Soil Filling<br />
(Cont'd\.. )<br />
Rate<br />
LKR<br />
Amount<br />
LKR<br />
8P2.7 In planting trough (included in the plant trough<br />
item ) m² n/a<br />
8P3<br />
PLANTING AND TURFING<br />
Trees and Plants<br />
Supply and planting <strong>of</strong> root balled / container<br />
grown, healthy, well spread well rooted plants<br />
having the following minimum heights.(Staking<br />
included) in places as specified in the landscape<br />
drawings. Rate shall include for preparation <strong>of</strong><br />
the ground, adding fertilizer, watering and<br />
maintaining the plant up to handing over.<br />
8P3.1 Araliya (Plumeria) - 2.5m high 15 nr<br />
8P3.2 Ehela (Cassia fistula) - 2.5m high 15 nr<br />
8P3.3 Foxtail palm (Wodyetia bifurcata) - 1.5m high 25 nr<br />
8P3.4 Green Bamboo (Bambusa membranacea) - 1.0m<br />
high 35 nr<br />
8P3.5 Kohomba (Azadirachta indica) - 2.5m high 15 nr<br />
8P3.6 Teak (Techtona grandis) - 2.5m high 6 nr<br />
8P3.7 Thal palm tree - 2.5m high 25 nr<br />
Shrubs<br />
Supply and planting <strong>of</strong> healthy, well spread well<br />
rooted shrubs having the specified heights, in<br />
places as specified in the landscape drawings.<br />
Rate shall include for preparation <strong>of</strong> the ground,<br />
adding fertilizer, watering and maintaining the<br />
plant up to handing over.<br />
8P3.8 Low growing shrubs to planting trough, as<br />
specified and approved by the architect. 50 nr<br />
Page Total Carried to Collection<br />
LKR<br />
Package 4: Waste and Sewer Disposal System<br />
S<strong>of</strong>t Landscaping
Development <strong>of</strong> Atchchuvali Industrial Estate<br />
Jaffna District, Sri Lanka - Phase 01<br />
<strong>Tender</strong> Issue<br />
Bill No. 08: External Work<br />
Page B8 / 4<br />
Item No. Description Qty. Unit<br />
Turfing<br />
Optional Item<br />
Rate<br />
LKR<br />
Amount<br />
LKR<br />
Locations for turfing on site shall be as<br />
determined by the Employer's Representative.<br />
Note<br />
Turfing with Buffalo Grass (Haxonopus<br />
compress) in specified areas as per landscape<br />
drawing, including top soil layer, and<br />
maintenance for a period <strong>of</strong> either 06 months or<br />
until the grass is fully grawn and established<br />
whichever is the longest, including weeding,<br />
watering, replacing dead plants, mowing and<br />
fertilising, as per specification. (Maintenance is<br />
paid separately under item no 8P4.1 )<br />
8P3.1 Supply and planting grass sods<br />
(Provisional quanity ) 7700 7,700 m²<br />
8P4<br />
MAINTENANCE<br />
8P4.1 Allow sum for maintenance for a period <strong>of</strong> either<br />
06 months or until the trees / plants are fully<br />
grawn and established whichever is the longest<br />
including watering, replacing dead plants,<br />
weeding, fertiliser application and necessary<br />
pruning. 1 item<br />
Page Total Carried to Collection<br />
LKR<br />
COLLECTION<br />
Page B8/2<br />
Page B8/3<br />
Page B8/4<br />
8P Total for S<strong>of</strong>t Landscaping To Summary LKR<br />
Package 4: Waste and Sewer Disposal System<br />
S<strong>of</strong>t Landscaping
United Nations Office for Project Services<br />
BILLS OF QUANTITIES<br />
Development <strong>of</strong> Atchchuvali Industrial Estate in Jaffna District, Sri Lanka<br />
(Phase 01)<br />
CONSTRUCTION OF INFRASTRUCTURE FACILITIES<br />
PACKAGE 4: SEWER DISPOSAL SYSTEM AND EXTERNAL WORKS<br />
Bill No 4GP - Day Work<br />
Client:<br />
Ministry <strong>of</strong> Traditional Industries and Small Enterprise Development,<br />
Government <strong>of</strong> Sri Lanka<br />
Funded by:<br />
Government <strong>of</strong> <strong>India</strong><br />
Designed by:<br />
UNOPS - Physical Infrastructure Design Unit<br />
Implemented by:<br />
UNOPS - General Infrastructure Unit<br />
July 2012
BILLS OF QUANTITIES<br />
Development <strong>of</strong> Atchchuvali Industrial Estate in Jaffna District, Sri Lanka, Phase 01<br />
CONSTRUCTION OF INFRASTRUCTURE FACILITIES<br />
PACKAGE 4: SEWER DISPOSAL SYSTEM AND EXTERNAL WORKS<br />
DAY WORK<br />
Notes:<br />
1. The total for the General Provisions: Day Works bill will not be taken to the Grand Summary <strong>of</strong><br />
the Works. But this will be evaluated together with the financial proposal for the respective<br />
Works Package in which this General Provisions: Day Works Bill is attached.<br />
2. The Engineer may, if in his opinion is necessary or desirable, issue an instruction that any<br />
varied work shall be executed on day work basis. The Contractor shall then be paid for such<br />
varied work under the terms set out in the day work schedule included in the Contract and at<br />
the rates and prices affixed thereto by him in the <strong>Tender</strong>.<br />
3. The Contractor shall furnish to the Engineer such receipts or other vouchers as may be<br />
necessary as pro<strong>of</strong> <strong>of</strong> the amounts due or payable to him and, before ordering materials, the<br />
Contractor shall submit to the Engineer quotations for the same for prior approval.<br />
4. In respect <strong>of</strong> such Works executed on daywork basis, the Contractor shall, during the<br />
continuance <strong>of</strong> such work, deliver each day to the Engineer an exact list in duplicate <strong>of</strong> the<br />
names, occupations and time <strong>of</strong> all workmen employed on such work, and a statement, also in<br />
duplicate, showing the description and quantity <strong>of</strong> all materials and Contractor’s Plant and<br />
Equipments used thereon or therefore other than Contractor’s Plant and Equipments which are<br />
included in the percentage addition (If any) in accordance with such daywork schedule. One<br />
copy <strong>of</strong> each list and statement will, if correct, or when agreed, be signed by the Engineer and<br />
returned to the Contractor.<br />
5. At the end <strong>of</strong> each month, the Contractor shall deliver to the Engineer a priced statement <strong>of</strong> the<br />
labour, materials and Contractor’s Plant and Equipment, except as aforesaid, used and the<br />
Contractor shall not be entitled to any payment unless such lists and statements have been fully<br />
and punctually rendered. Provided always that if the Engineer considers that for any reason the<br />
sending <strong>of</strong> such lists or statements by the Contractor, in accordance with the foregoing<br />
provision, was impracticable he shall nevertheless be entitled to authorize payment for such<br />
work, either as daywork, on being satisfied as to the time employed and the labour, materials<br />
and Contractor’s Plant and Equipment used on such work, or at such value therefore as shall,<br />
in his opinion, be fair and reasonable.<br />
PIDU<br />
- April 2012
BILLS OF QUANTITIES<br />
Development <strong>of</strong> Atchchuvali Industrial Estate in Jaffna District, Sri Lanka, Phase 01<br />
CONSTRUCTION OF INFRASTRUCTURE FACILITIES<br />
PACKAGE 4: SEWER DISPOSAL SYSTEM AND EXTERNAL WORKS<br />
SUMMARY - GENERAL PROVISIONS: DAY WORK<br />
Description<br />
Amount (LKR)<br />
4GP<br />
GENERAL PROVISIONS: DAY WORK<br />
4GP.1<br />
4GP.2<br />
4GP.3<br />
Day Work Labour<br />
Day Work Material<br />
Day Work Plant and Equipment<br />
Total for 4GP<br />
General Provisions: Day Works
Development <strong>of</strong> Atchchuvely Industrial Estate<br />
Jaffna District, Sri Lanka <strong>Tender</strong> Issue<br />
Bill No 4GP: General Provisions : Day Work<br />
Page 4GP / 1<br />
BILLS OF QUANTITIES<br />
Bill No 4GP - Day Work<br />
Development <strong>of</strong> Atchchuvali Industrial Estate in Jaffna District, Sri Lanka - (Phase 01)<br />
CONSTRUCTION OF INFRASTRUCTURE FACILITIES<br />
PACKAGE 4: SEWER DISPOSAL SYSTEM AND EXTERNAL WORKS<br />
Item Description Qty Unit<br />
Rate<br />
LKR<br />
Amount<br />
LKR<br />
4GP<br />
GENERAL PROVISIONS: DAY WORK<br />
Generally<br />
The Contractor shall be paid for any part <strong>of</strong> the<br />
Works carried out on the daywork basis in<br />
accordance with the Contract at the rates and<br />
percentages set down in and subject to the<br />
provisions <strong>of</strong> this Daywork Schedule.<br />
Time engaged in the actual works only will be<br />
allowed. Idle time will not be allowed.<br />
All rates in this Daywork Schedule shall be fixed for<br />
the duration <strong>of</strong> the Contract<br />
Any other labour / material plant and equipment<br />
category employed but not included below shall be<br />
priced at rates analogous to those rates included<br />
under the relevant catagories.<br />
Only a nominal quantity is inserted against each<br />
item for computation purposes only.<br />
Note<br />
Note<br />
Note<br />
Note<br />
Note<br />
4GP.1<br />
Labour<br />
The following labour rates are to be applied for the<br />
days worked and are to be all inclusive<br />
A day shall mean an 8 hour day.<br />
The said rates are to be based on the rates <strong>of</strong><br />
wages and other emoluments and expenses,<br />
including holiday credits (if any), and insurances,<br />
payable by the Contractor.<br />
Note<br />
Note<br />
Note<br />
The said rates are to include, inter alia, for all<br />
supervision, importation <strong>of</strong> labour including<br />
transport, travelling time, fares, subsistence and<br />
lodging allowances, operation <strong>of</strong> incentive schemes<br />
and costs <strong>of</strong> overtime working, guaranteed time,<br />
sick pay and any other disbursements arising from<br />
the employment <strong>of</strong> labour, for the use and repair <strong>of</strong><br />
all non-mechanical tools (including paint brushes),<br />
sharpening <strong>of</strong> tools and use <strong>of</strong> standing scaffolding<br />
and other Contractor's Equipment and for<br />
overheads and pr<strong>of</strong>it <strong>of</strong> teh Contractor.<br />
Note<br />
Package 4: Sewer Disposal System<br />
General Provisions : Day Work
Development <strong>of</strong> Atchchuvely Industrial Estate<br />
Jaffna District, Sri Lanka <strong>Tender</strong> Issue<br />
Bill No 4GP: General Provisions : Day Work<br />
Page 4GP / 2<br />
Item Description Qty Unit<br />
Rate<br />
LKR<br />
Amount<br />
LKR<br />
The <strong>Tender</strong>er shall state the rates required for<br />
labour per day irrespective <strong>of</strong> public holidays, weekends,<br />
etc., required for work ordered to be<br />
executed as Dayworks or Extra Work.<br />
Gangers and trade chargehands when working<br />
with their gangs shall be paid for at the below rates<br />
for labourers and the applicable craftstman<br />
respectively<br />
Note<br />
Note<br />
* Pleaes use a separate sheet if necessary.<br />
4GP.1.1 Surveyor 8 hr<br />
4GP.1.2 Survey Assistant (Skilled) 8 hr<br />
4GP.1.3 Laboratory Technitian (Skilled) 8 hr<br />
4GP.1.4 Operator, Heavy equipment 10 hr<br />
4GP.1.5 Operator, Light equipment 10 hr<br />
4GP.1.6 Unskilled Worksman 36 hr<br />
4GP.1.7 Semiskilled Worksman 24 hr<br />
4GP.1.8 Driver, Heavy duty vehicle 10 hr<br />
4GP.1.9 Driver, Light duty vehicle 10 hr<br />
4GP.1.10 Mason 24 hr<br />
4GP.1.11 Carpenter and Joiner 12 hr<br />
4GP.1.12 Plumber 8 hr<br />
4GP.1.13 Mechanic 8 hr<br />
4GP.1.14 Welder 8 hr<br />
4GP.1.15 Electrician 8 hr<br />
4GP.1.16 Steel fixer 12 hr<br />
4GP.1.17 Painter 12 hr<br />
4GP.1.18 Driver team including equipment 10 hr<br />
4GP.1.19 Working Foreman 24 hr<br />
4GP.1.20 Blasting Foreman 4 hr<br />
4GP.1.21 Driller (Rock drilling) 4 hr<br />
(Add any other catagories)*<br />
Total for Labour Carried to Day Work Summary LKR<br />
Package 4: Sewer Disposal System<br />
General Provisions : Day Work
Development <strong>of</strong> Atchchuvely Industrial Estate<br />
Jaffna District, Sri Lanka <strong>Tender</strong> Issue<br />
Bill No 4GP: General Provisions : Day Work<br />
Page 4GP / 3<br />
Item Description Qty Unit<br />
Rate<br />
LKR<br />
Amount<br />
LKR<br />
4GP.2<br />
Materials<br />
The rates for the below listed materials are to be<br />
used for Day Work or Extra Work at the site <strong>of</strong> the<br />
works.<br />
The rates shall cover all the expenses such as<br />
loading, delivery to site, unloading, storing and<br />
protecting, pr<strong>of</strong>it and overheads less all trade<br />
discounts, rebates and allowances and all cash<br />
discounts.<br />
Note<br />
Note<br />
* Pleaes use a separate sheet if necessary.<br />
4GP.2.1 Aggregate base, dense graded (37.5mm) 5 m³<br />
4GP.2.2 Aggregate 6.3 mm down wards (crusher fine) 3 m³<br />
4GP.2.3 Aggregate, 12 mm 3 m³<br />
4GP.2.4 Aggregate, 20 mm 2 m³<br />
4GP.2.5 Aggregate, 25 mm 2 m³<br />
4GP.2.6 Aggregate, 37.5 mm 4 m³<br />
4GP.2.7 Asphalt concrete, cold mix 1 mt<br />
4GP.2.8 Bituman emulsion(CRS1, CRS2, CSS1) 2 ltr<br />
4GP.2.9 Bituman prime coat, cutback MC 30 2 ltr<br />
4GP.2.10 Bituman, Straight run 60/70 penetration 2 ltr<br />
4GP.2.11 Ordinary portland cement, 50 kg 5 bag<br />
4GP.2.12 Concrete grade C15 0.2 m³<br />
4GP.2.13 Concrete grade C20 0.2 m³<br />
4GP.2.14 Concrete grade C25 0.2 m³<br />
4GP.2.15 Concrete grade C30 0.2 m³<br />
4GP.2.16 Formwork, timber (rough) 2 m²<br />
4GP.2.17 Formwork, timber (smooth) 2 m²<br />
4GP.2.18 Formwork, steel 2 m²<br />
4GP.2.19 Mild steel (all sizes) 10 kg<br />
4GP.2.20 Tor steel (all sizes) 10 kg<br />
4GP.2.21 Pipe PVC, 10mm diameter (Type 600) 3 m<br />
Page total Carried to Collection<br />
LKR<br />
Package 4: Sewer Disposal System<br />
General Provisions : Day Work
Development <strong>of</strong> Atchchuvely Industrial Estate<br />
Jaffna District, Sri Lanka <strong>Tender</strong> Issue<br />
Bill No 4GP: General Provisions : Day Work<br />
Page 4GP / 4<br />
Item Description Qty Unit<br />
4GP.2.22 Petrol 1 ltr<br />
4GP.2.23 Kerosene Oil 1 ltr<br />
Rate<br />
LKR<br />
Amount<br />
LKR<br />
(Add any other catagories)*<br />
4GP.2.1a Aggregate base (lime stone or granite), dense 5 m³<br />
4GP.2.2a Aggregate (lime stone or granite) 6.3 mm down 3 m³<br />
4GP.2.3a Aggregate (lime stone or granite), 12 mm 3 m³<br />
4GP.2.4a Aggregate (lime stone or granite), 20 mm 2 m³<br />
4GP.2.5a Aggregate (lime stone or granite), 25 mm 2 m³<br />
4GP.2.6a Aggregate (lime stone or granite), 37.5 mm 4 m³<br />
Page total Carried to Collection<br />
LKR<br />
COLLECTION<br />
Page B4/ 4GP3<br />
Page B4 / 4GP4<br />
Total for Materials Carried to Day Work Summary LKR<br />
4GP.3<br />
Plant and Equipment<br />
The following rates for plant and equipment are to<br />
be applied to the days worked and use <strong>of</strong> such<br />
plant/equipment in good working condition .<br />
A day shall mean an 8 hour day.<br />
The rates are to include all operational and<br />
maintenance costs, fuel, oil, grease, transport to<br />
and from site and other consumables, operator and<br />
attendants wages, supervision, overheads and<br />
pr<strong>of</strong>it.<br />
Only for the time which the plant / equipment was<br />
been actually employed upon the work shall be<br />
paid for and the rates shall include for idle time,<br />
travelling time and overtime.<br />
Note<br />
Note<br />
Note<br />
Note<br />
All items <strong>of</strong> plant and equipment shall be priced.<br />
Note<br />
* Pleaes use a separate sheet if necessary.<br />
Package 4: Sewer Disposal System<br />
General Provisions : Day Work
Development <strong>of</strong> Atchchuvely Industrial Estate<br />
Jaffna District, Sri Lanka <strong>Tender</strong> Issue<br />
Bill No 4GP: General Provisions : Day Work<br />
Page 4GP / 5<br />
Item Description Qty Unit<br />
4GP.3.1 Lorry, 3 tonnes 4 hr<br />
4GP.3.2 Lorry, 10 tonnes 4 hr<br />
4GP.3.3 Lorry, 10 tonnes with crane self loading 4 hr<br />
4GP.3.4 Low-loader , 20 to 40 tonnes 4 hr<br />
4GP.3.5 Water bowser, 6,000 ltr with spray bar 12 hr<br />
4GP.3.6 Bitumen distributor, 4,500 liters 4 hr<br />
4GP.3.7 Bitumen hand sprayer 4 hr<br />
4GP.3.8 Farm Tractor & Boom over 2m width 4 hr<br />
4GP.3.9 Farm Tractor, with trailer minimum 3 tonne 4 hr<br />
4GP.3.10 Buldozer, wheeled or tracked 100 HP 4 hr<br />
4GP.3.11 Backhoe, tracked, 50 HP 4 hr<br />
4GP.3.12 Front-end loader, tracked or wheeld (2.0-2.3m) 4 hr<br />
4GP.3.13 Motor grader, 120 to 140 HP 4 hr<br />
4GP.3.14 Steel-wheeled roller, static, 8 to 10 tonnes 4 hr<br />
4GP.3.15 Steel-wheeled roller, vibrator, 10 tonnes 4 hr<br />
4GP.3.16 Pncumatic-tyred roller, 8 to 10 tones 4 hr<br />
4GP.3.17 Tandem roller, 6 to 7 tones, Vibrating 4 hr<br />
4GP.3.18 Hand roller, vibrator, 1/2-1 tonne 8 hr<br />
4GP.3.19 Plate compactor, vibratory, over 90 kg 12 hr<br />
4GP.3.20 Rammer, mechanical, over 90 kg 4 hr<br />
4GP.3.21 Rock drill, hand-held 4 hr<br />
4GP.3.22 Concrete mixer with weigh batcher 14/10 12 hr<br />
4GP.3.23 Poker Vibrator, petrol driven 8 hr<br />
4GP.3.24 Lane marker, self propelled 8 hr<br />
4GP.3.25 Tipper truck, 5 tonne 1 day<br />
4GP.3.26 Tipper truck, 10 tonne 4 hr<br />
4GP.3.27 Welding plant, electric, 300, 400 amp 8 hr<br />
Rate<br />
LKR<br />
Amount<br />
LKR<br />
Page total Carried to Collection<br />
LKR<br />
Package 4: Sewer Disposal System<br />
General Provisions : Day Work
Development <strong>of</strong> Atchchuvely Industrial Estate<br />
Jaffna District, Sri Lanka <strong>Tender</strong> Issue<br />
Bill No 4GP: General Provisions : Day Work<br />
Page 4GP / 6<br />
Item Description Qty Unit<br />
4GP.3.28 Air Compressor with hose, 100mm outlet 4 hr<br />
4GP.3.29 Generator, 50 KVA 8 hr<br />
4GP.3.30 Water Pump with hose, 100mm outlet 4 hr<br />
4GP.3.31 Dump Truck, over 1.0m³ 4 hr<br />
4GP.3.32 4 Wheel Drive Vehicle 12 hr<br />
4GP.3.33 Dredger 4 hr<br />
(Add any other catagories)*<br />
Rate<br />
LKR<br />
Amount<br />
LKR<br />
Page total Carried to Collection<br />
LKR<br />
COLLECTION<br />
Page B3 / 4GP5<br />
Page B3 / 4GP6<br />
Note:<br />
Above rates and amount are inclusive <strong>of</strong> the<br />
contractor's pr<strong>of</strong>it and overheads.<br />
4GP Total for plant and Equipment Carried to Day Work Summary LKR<br />
Package 4: Sewer Disposal System<br />
General Provisions : Day Work
United Nations Office for Project Services<br />
PRICING PREAMBLES<br />
Project Name: Development <strong>of</strong> Atchchuvali Industrial Estate in Jaffna District,<br />
Sri Lanka – Phase I<br />
Client:<br />
Ministry <strong>of</strong> Traditional Industries and Small Enterprise Development,<br />
Government <strong>of</strong> Sri Lanka<br />
Funded by:<br />
Government <strong>of</strong> <strong>India</strong><br />
Designed by:<br />
UNOPS - Physical Infrastructure Design Unit<br />
Implemented by:<br />
UNOPS - General Infrastructure Unit<br />
April 2012
Development <strong>of</strong> Atchchuvali Industrial Estate,<br />
Jaffna, Sri Lanka.<br />
Page PP/1<br />
Pricing Preambles<br />
PRICING PREAMBLES<br />
1.0 GENERAL DIRECTIONS<br />
1.1 Generally<br />
The bill <strong>of</strong> quantities shall be read in conjunction with the Conditions <strong>of</strong> Contract, Technical Specifications,<br />
Drawings and the method <strong>of</strong> measurement described in this document. General directions, descriptions<br />
and specifications <strong>of</strong> work and materials are not necessarily repeated nor summarised in the bill <strong>of</strong><br />
quantities. References to the drawings and relevant sections <strong>of</strong> the Technical Specifications shall be made<br />
before entering prices against each item in the bill <strong>of</strong> quantities.<br />
Drawings, Specifications and Bill <strong>of</strong> Quantities and all other documents are complementary and if any item<br />
is included in any <strong>of</strong> them, it shall deem to be included in all.<br />
Amendments shall not be made to the tender Bill <strong>of</strong> Quantities without the authority, in writing, <strong>of</strong> the<br />
Engineer’s Representative.<br />
The quantities given in the Bill <strong>of</strong> Quantities are estimated and provisional, and are given to provide a<br />
common basis for bidding. The basis <strong>of</strong> payment will be the actual and correct quantities <strong>of</strong> work ordered<br />
and carried out, as measured by the Contractor and verified by the Engineer and valued at the rates and<br />
prices tendered in the priced bills <strong>of</strong> quantities, where applicable, and otherwise at such rates and prices<br />
as the Engineer may fix within the terms <strong>of</strong> the Contract.<br />
Items in the Preamble Section <strong>of</strong> the Bill <strong>of</strong> Quantities are deemed to qualify and to form part <strong>of</strong> every<br />
description <strong>of</strong> measured work to which they refer including composite description.<br />
All measurements are net and the rates shall include for all laps, waste, working space and any other<br />
trade allowances.<br />
The Conditions <strong>of</strong> contract applicable to this contract shall be the FIDIC Conditions <strong>of</strong> Contract for Civil<br />
Engineering Construction, 4th edition, (1987) - reprinted in 1992 with further amendments - <strong>of</strong> the <strong>Tender</strong> /<br />
Contract <strong>Document</strong>s, unless expressly stated otherwise in the ITB.<br />
The prices shall be comprehensive and must include for complying in all respects with the instructions to<br />
Bidders, Conditions <strong>of</strong> Contract, Specifications and Drawings and for all matters and things necessary for<br />
the proper construction, completion, and maintenance <strong>of</strong> the whole <strong>of</strong> the Works. No claim for additional<br />
payment will be allowed for any error or misunderstanding by the Contractor <strong>of</strong> the work involved.<br />
A rate or price shall be entered against each item in the priced bills <strong>of</strong> quantities. The cost <strong>of</strong> items against<br />
which the bidder has failed to enter a rate or price shall deem to be covered by other rates and prices<br />
entered in the Bills <strong>of</strong> Quantities. Bidder shall not be permitted to assign any rates or prices, after the<br />
tenders are opened for those items against which the bidder has failed to enter any rates or prices in his<br />
tender.
Development <strong>of</strong> Atchchuvali Industrial Estate,<br />
Jaffna, Sri Lanka.<br />
Page PP/2<br />
Pricing Preambles<br />
Lump sum payments shall not be certified for any work done by the Contractor where unit rates are<br />
applicable.<br />
The Contractor is to ensure that identical items occurring in separate bills are not priced at different rates<br />
unless this is the Contractor’s deliberate intention<br />
The prices and rates entered by the Contractor against items in the Bill <strong>of</strong> Quantities shall apply<br />
throughout the duration <strong>of</strong> the contract to the execution <strong>of</strong> these items in any location and except where<br />
otherwise provided for.<br />
The rates inserted will be used to determine the amount <strong>of</strong> the Contractor’s Payments.<br />
The Bidder shall submit "Analysis <strong>of</strong> <strong>Tender</strong> Sum” with a full and detailed rate breakdown <strong>of</strong> all the<br />
BOQ items, as and when required by the Engineer / Employer’s Representative. The breakdown is<br />
to show the actual calculations <strong>of</strong> the General Items, Labour, Plant and Materials costs for the<br />
Works, the build-up <strong>of</strong> measured rates with on-costs and overheads and any other allowances use<br />
to arrive at the <strong>Tender</strong> Price. In addition, the Bidder / Contractor will be required to provide the<br />
Engineer / Employer’s Representative within 48 hours <strong>of</strong> written request, with a full and detailed<br />
breakdown / any other information as required.<br />
Where fix only items are specified, the rate shall deem to be included for taking delivery, storing and<br />
installation <strong>of</strong> goods or materials in works where appropriate.<br />
Shop drawings, working drawings, operations and maintenance instructions submitted by the Contractor<br />
as called for in the Specifications shall include but not be limited to the following:<br />
(i)<br />
(ii)<br />
(iii)<br />
(iv)<br />
(v)<br />
(vi)<br />
The surveyed location <strong>of</strong> all existing services, including pipelines.<br />
Existing ground levels / seabed levels.<br />
As built drawings<br />
Earthwork cross-sections and volumetric calculations.(Dredging and Reclamation Work)<br />
Cross-sections and volumetric calculations.(For Breakwater and Rock Work)<br />
Temporary works drawings where requested by the Employer’s Representative<br />
Rates and Sums to be for Work Complete<br />
A<br />
Notwithstanding any limits which may be implied by the wording <strong>of</strong> the individual items and/or<br />
explanation in this preamble, it is to be clearly understood by the contractor that the rates and<br />
sums which are entered in the Bill <strong>of</strong> Quantities shall be the full inclusive value for the work,<br />
finished complete in every respect, whether separately or specifically described in the Contract<br />
<strong>Document</strong>s or not. The Contractor shall be deemed to have taken full account <strong>of</strong> all requirements<br />
and obligations, whether expressed or implied, covered by all parts <strong>of</strong> this Contract, and to have<br />
priced the items herein accordingly. The rates and sum must include for all incidental and<br />
contingent expenses and risks <strong>of</strong> every kind necessary to construct, complete and maintain the
Development <strong>of</strong> Atchchuvali Industrial Estate,<br />
Jaffna, Sri Lanka.<br />
Page PP/3<br />
Pricing Preambles<br />
whole <strong>of</strong> works in accordance with the Contract. Full allowance shall be made in the rates and/or<br />
sums, inter alliance, which are referred to and/or specified herein:<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
Paying fees and giving notice to authorities;<br />
payment <strong>of</strong> all patent rights and royalties;<br />
all site investigations which may be necessary;<br />
all setting out and survey work;<br />
safety precautions and all measures to prevent and suppress fire and other hazards;<br />
interference to the works by persons, vehicles, vessels and the like using the existing land<br />
and water facilities;<br />
full maintenance <strong>of</strong> access to the existing roads in motorable condition and waterways during<br />
the period <strong>of</strong> construction;<br />
works in connection with the protection and safety <strong>of</strong> adjacent structures;<br />
maintaining public roads and footpaths and maintaining access upon existing roads or<br />
recognized routes;<br />
temporary fencing, watching, and lighting;<br />
supporting faces <strong>of</strong> excavation, temporary or permanent shoring, shuttering & scaffolding etc.<br />
dewatering, if required, and working in the dry except where otherwise permitted by the<br />
specification;<br />
supply, inspection, sampling and testing <strong>of</strong> materials and <strong>of</strong> the Works under construction,<br />
including the provision and use <strong>of</strong> equipment;<br />
except where separate items are provided for bringing plant to the site and removing on<br />
completion, for providing, transporting to site, setting to work, operating (including all fuel and<br />
consumable stores), maintaining and removing from the site upon completion all construction<br />
plant and equipment necessary for the execution <strong>of</strong> the work, including the cost <strong>of</strong> all tests<br />
and other requirements in respect to such plant and equipment;<br />
the recruitment, bringing to and from the site, accommodating and feeding and all incidental<br />
costs and expenses involved in the provision <strong>of</strong> all necessary skilled and unskilled labour and<br />
supervision;<br />
supplying, maintaining and removing on completion the Contractor’s own accommodation,<br />
<strong>of</strong>fices, stores, workshops, transport, welfare services and all charges in connection<br />
therewith;<br />
reinstatement <strong>of</strong> the site to the satisfaction <strong>of</strong> the Engineer;<br />
all costs <strong>of</strong> design, drawings, and related data for materials, pipework and equipment;<br />
all costs arising out <strong>of</strong> inspection and testing at manufacturers' works before dispatch <strong>of</strong><br />
materials, pipework and equipment;<br />
all ancillary parts, minor fittings, bolts, nuts, gaskets, washers, fixings, etc. joining materials,<br />
protective coatings and sleevings and other items not specifically listed, but necessary for the<br />
proper installation <strong>of</strong> the materials, pipework and equipment;<br />
all costs <strong>of</strong> packaging and protection for export and storage for materials, pipework and<br />
equipment;
Development <strong>of</strong> Atchchuvali Industrial Estate,<br />
Jaffna, Sri Lanka.<br />
Page PP/4<br />
Pricing Preambles<br />
<br />
<br />
<br />
<br />
<br />
all costs <strong>of</strong> freight, insurance and related documentation for shipment to Sri Lanka for<br />
materials, pipework and equipment;<br />
all costs <strong>of</strong> custom duty, cess, NSL, if any surcharges and excise duty etc except VAT for<br />
materials, pipework and equipment;<br />
all costs <strong>of</strong> unloading at the port, road transport, <strong>of</strong>floading, stacking and storage in temporary<br />
sheds or weather pro<strong>of</strong> sheds etc. and double handling as required at site for materials,<br />
pipework and equipment;<br />
drawings and reports & standards required during the execution <strong>of</strong> the works;<br />
as built drawings, operation and maintenance manuals and close out reports.<br />
B<br />
No claim will be considered for further payment in respect <strong>of</strong> any work or method <strong>of</strong> execution,<br />
which may be described in the Contract or is inherent in the construction <strong>of</strong> the work and<br />
detailed on the drawings on account <strong>of</strong>: items omitted from the Bill <strong>of</strong> Quantities, but depicted on<br />
the drawings. Any omission from the wording <strong>of</strong> the items or from a clause in the Preamble or no<br />
mention <strong>of</strong> such work or method <strong>of</strong> execution having been in the Preamble.<br />
C<br />
Each item in the Bill <strong>of</strong> Quantities is to be priced. Items against which no rates or sums are<br />
entered by the Contractor, whether quantities are stated or not, will not be paid for when<br />
executed, but will be regarded as covered by rates and sums set against other items in the Bill <strong>of</strong><br />
Quantities.<br />
D<br />
The quantities set out in the Bill <strong>of</strong> Quantities are the estimated quantities <strong>of</strong> the work and they<br />
shall not be taken as the actual and correct quantities <strong>of</strong> the works to be executed by the<br />
Contractor in fulfillment <strong>of</strong> his obligations under the Contract.<br />
E<br />
The Contractor shall be deemed to have taken into account all <strong>of</strong> the following in his <strong>Tender</strong><br />
prices and his construction programmes:<br />
all recognized holidays, festivals, religious and other customs;<br />
any stoppage <strong>of</strong> work or delays due to adverse weather conditions.<br />
Rates and Sums to Bear Proper Relation to Work Described<br />
The rates and sums entered by the Contractor against all items in the Bill <strong>of</strong> Quantities shall bear a proper<br />
relationship to the cost <strong>of</strong> carrying out the work described in the Contract. All on- costs and similar<br />
charges which are applicable to the Contract as a whole are to be spread over all the rates in the Bill <strong>of</strong><br />
Quantities, whilst those which are applicable only to particular sections <strong>of</strong> the Contract are only to be<br />
spread over items to which those sections refer.
Development <strong>of</strong> Atchchuvali Industrial Estate,<br />
Jaffna, Sri Lanka.<br />
Page PP/5<br />
Pricing Preambles<br />
Provisional Sum Items (P.Sum)<br />
(i)<br />
(ii)<br />
(iii)<br />
Provisional Sums may only be expended upon the instructions <strong>of</strong> the Employer’s<br />
Representative. The work will be valued in accordance with the General Condition <strong>of</strong><br />
Contract.<br />
The Provisional Sums included in the Bill <strong>of</strong> Quantities may be used in whole or in part or<br />
not at all on the instruction <strong>of</strong> the Employer’s Representative.<br />
Percentage for adjustment <strong>of</strong> Provisional Sums as provided in the General Conditions <strong>of</strong><br />
Contract shall not be applicable to any work carried out by other parties employed directly<br />
by the Employer. Payments for such parties shall be made directly by the Employer.<br />
Provisional Quantity Items<br />
Items in the Bill <strong>of</strong> Quantities designated as “Provisional Quantity” in the description column indicate that<br />
the quantities for the work covered by such items are the best possible estimates that can be made in<br />
advance <strong>of</strong> the execution <strong>of</strong> the work, or that the provision <strong>of</strong> such facilities as are described in the items,<br />
may not, in the event, be required under the Contract. All items so designated will be used only at the<br />
direction and discretion <strong>of</strong> the Engineer, and if not used either wholly, or in part shall, as to the amount not<br />
used, be deducted from the Contract Sum. Where such items consist <strong>of</strong> a sum, the contractor shall enter a<br />
lump sum which shall be the price for the work if executed, as distinct from a ‘Provisional Sum’ as<br />
defined herein. No claim will be entertained in respect <strong>of</strong> overhead charges or any other costs which may<br />
allegedly result from the omission <strong>of</strong> all or part <strong>of</strong> the work covered by such “Provisional Quantity” items.<br />
Payment <strong>of</strong> Items on a Monthly Basis<br />
Payment for items which are measured on a monthly basis will not be made until the full facilities<br />
described in the items and the specification have been provided to the satisfaction <strong>of</strong> the Engineer.<br />
Payment will continue until such time as the Engineer shall signify that facilities<br />
are no longer required.<br />
Payment <strong>of</strong> Lump Sums<br />
A<br />
Lump Sum items, and where the <strong>Tender</strong> includes additional items for complying with the<br />
General Conditions etc., will be paid on the basis <strong>of</strong> a proportion <strong>of</strong> the respective lump<br />
sum in the same ratio as the value <strong>of</strong> the work complete bears to the total value <strong>of</strong> the<br />
Contract.<br />
B<br />
Lump sum items which are related to specific work will be paid on the basis <strong>of</strong> the<br />
proportion <strong>of</strong> actual work done to the total work <strong>of</strong> that specific item as assessed by the<br />
Engineer.<br />
C<br />
Items with quantities and units will be paid against number <strong>of</strong> units used and/ or<br />
incorporated in the works.
Development <strong>of</strong> Atchchuvali Industrial Estate,<br />
Jaffna, Sri Lanka.<br />
Page PP/6<br />
Pricing Preambles<br />
Equivalent Products<br />
Where the Contractor <strong>of</strong>fers an equivalent product or material in place <strong>of</strong> the one specified and accepted<br />
for incorporation into the Works by the Engineer, then the rates and prices in the bill <strong>of</strong> Quantities shall<br />
deem to include for all the obligations and costs associated with the incorporation <strong>of</strong> the equivalent into the<br />
Works, including design, provision <strong>of</strong> drawings, certificates, awaiting approvals, re-submissions and<br />
modifications and amendments to the Works, and the like.<br />
The alternative products used shall be complying with the specifications in all aspects and shall be <strong>of</strong><br />
equal or higher quality to the product originally specified in the document, and shall be subject to prior<br />
approval by the Engineer.<br />
Unless specifically stated to the contrary in the Contract, the measurement <strong>of</strong> the Works affected by the<br />
incorporation <strong>of</strong> the equivalent products and materials shall be based on the Contract <strong>Document</strong>s and not<br />
on the Works as amended to incorporate the equivalent products and / or materials.<br />
1.2 Definitions<br />
In this document unless the context otherwise requires, the following words and expressions shall have<br />
the meanings hereby respectively assigned to them. That is to say:<br />
Bill <strong>of</strong> Quantities: means the list <strong>of</strong> items giving brief identifying descriptions and estimated<br />
quantities <strong>of</strong> work to be performed under the Contract;<br />
Final Quantities and scope <strong>of</strong> the works executed to be re-measured and agreed for the works<br />
and varied works base on the agreed AS BUILT drawings between the contractor and the<br />
engineer (authorized person <strong>of</strong> the UNOPS, subject to the determination <strong>of</strong> the UNOPS country<br />
representative)<br />
Preliminary Item: means an item in respect <strong>of</strong> works, general obligations and risks,<br />
antecedent to or involved in the execution <strong>of</strong> the Contract and which is set out in a “Preliminaries”<br />
section <strong>of</strong> the Bill <strong>of</strong> Quantities;<br />
Note: The word provided as “note” in the Bill <strong>of</strong> Quantities is an instruction for the <strong>Tender</strong>er and<br />
the <strong>Tender</strong>er should undertake the related pricing risk and responsibilities covered under the<br />
relevant quantities stipulated in the Bill <strong>of</strong> quantities.<br />
Rate Only: The word provided as “Rate only” in the Bill <strong>of</strong> Quantities is a pricing provision for the<br />
<strong>Tender</strong>er and he should enter the related price per one unit <strong>of</strong> such item in the Bill <strong>of</strong> quantities.<br />
The provision for Rate only item is just for the organizing <strong>of</strong> the works and will not be executed<br />
and paid for such items unless otherwise instructed by the engineer to do so.<br />
Not Applicable: The word provided as “Not Applicable” in the Bill <strong>of</strong> Quantities is for an item<br />
which will not be executed, and therefore <strong>Tender</strong>er should not be priced the same.
Development <strong>of</strong> Atchchuvali Industrial Estate,<br />
Jaffna, Sri Lanka.<br />
Page PP/7<br />
Pricing Preambles<br />
Provisional Sums: Part <strong>of</strong> the Works covered by the Provisional Sums are to be carried out by<br />
the Contractor, Nominated Supplier, Nominated Subcontractors or any other nominated authority ,<br />
or may be deleted what so ever as determined by the Engineer. Price for the provisional sums are<br />
to be agreed between the Engineer and the Contractor in accordance with the terms and<br />
conditions <strong>of</strong> the Contract.<br />
Existing Ground Level : means the level <strong>of</strong> the ground above or below water inclusive <strong>of</strong><br />
seabed, before any work under the Contract is carried out.<br />
1.3 Abbreviations<br />
Units <strong>of</strong> Measurement<br />
The following abbreviations shall be used for the units <strong>of</strong> measurement:<br />
Unit<br />
Millimetre<br />
MM / mm<br />
Meter<br />
M / m / Lm<br />
Square millimetre MM² / mm 2<br />
Square metre M² / m 2<br />
Hectare<br />
Ha<br />
Cubic metre M³ / m 3<br />
Kilograms<br />
Kg<br />
Tonne (1000kg)<br />
T / t / tonne<br />
Sum<br />
Sum<br />
Numbers<br />
No. / Nos. / nr<br />
Hour<br />
hr<br />
Week<br />
Wk<br />
Month<br />
mo<br />
Abbreviation<br />
Other Abbreviations<br />
The following abbreviations shall be used in the context <strong>of</strong> this contract:<br />
British Standard<br />
British standard Code <strong>of</strong> Practice<br />
American Standard <strong>of</strong> Testing Materials<br />
Chart Datum<br />
Lump Sum<br />
Provisional Sum<br />
Sri Lankan Rupees<br />
United States Dollar<br />
California Bearing Ratio<br />
Department<br />
BS<br />
CP<br />
ASTM<br />
CD<br />
LS<br />
PS / Pro, Sum<br />
LKR<br />
USD<br />
CBR<br />
DEPT, Dept.
Development <strong>of</strong> Atchchuvali Industrial Estate,<br />
Jaffna, Sri Lanka.<br />
Page PP/8<br />
Pricing Preambles<br />
Diameter<br />
Drawing<br />
Kilowatt<br />
Minimum<br />
Moderate Sulphate Resisting Cement<br />
Provisional Quantity<br />
Quantity<br />
Specifications<br />
Sum<br />
Certificate <strong>of</strong> Completion<br />
dia.<br />
Drg., Dwg.<br />
Kw<br />
Min., min.<br />
MSR Cement<br />
P.Q.<br />
Qty.<br />
Spec.<br />
sum<br />
COC<br />
2.0 Bills <strong>of</strong> Quantities<br />
2.1 Specified Requirements (Bill No. 01: Preliminaries)<br />
Temporary Site Buildings<br />
(i)<br />
Payment for establishment costs relevant to these items will be by lump sum and will be<br />
certified for payment upon the facility being fully established and ready to use.<br />
No furniture and telephone facility is required to be provided by the Contractor for the<br />
Engineer’s site <strong>of</strong>fice<br />
(ii)<br />
Payment for maintenance items / time related cost will be made in monthly instalments<br />
commencing from the completion and acceptance <strong>of</strong> the establishment items.<br />
Item shall cover all costs in maintaining and supplying the Engineer’s <strong>of</strong>fice with all<br />
consumables, services, utilities, day and night watchman and full-time tea-boy, etc. as<br />
per requirement by the Contract, including consumption <strong>of</strong> power and water, for the entire<br />
period <strong>of</strong> construction counting from the time when the Contractor gives notice that the<br />
facility is fully established and ready to use until the Engineer has fully abandoned the<br />
facility and handed it over with notice to the Contractor.<br />
(iii)<br />
Payment for the removal <strong>of</strong> these items will be by lump sum, which will be made only<br />
after the completion <strong>of</strong> their removal and will be certified for payment upon the facility<br />
being duly removed or decommissioned, whichever may be agreed by the Engineer.<br />
Transport and Equipment<br />
(i)<br />
Payment for transport and equipment items shall commence from the time that the<br />
specified requirements are provided and approved. Rates for supply <strong>of</strong> vehicles shall<br />
include for fuel and maintenance.
Development <strong>of</strong> Atchchuvali Industrial Estate,<br />
Jaffna, Sri Lanka.<br />
Page PP/9<br />
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Attendance<br />
(i)<br />
Payment for providing attendance upon the Employer’s Representative staff will be in<br />
instalments commencing from such time the services are provided.<br />
Testing <strong>of</strong> Materials and Works<br />
(i)<br />
(ii)<br />
(iii)<br />
Payment for testing <strong>of</strong> materials and works shall be made in instalments pro-rata to work<br />
done against the sums inserted under the relevant pay items for testing, in Bill Section d<br />
Part 1, General Items, Specified requirements, Testing <strong>of</strong> Materials and Works. Testing<br />
is to be performed strictly in accordance with the Specification. The Contractor will be<br />
responsible for paying Laboratory Charges and other associated cost for all tests<br />
performed on this Contract.<br />
Rates and Sums for the testing <strong>of</strong> materials and works shall cover the costs <strong>of</strong> obtaining<br />
samples by collection, digging, coring and cutting out including making good and for the<br />
costs <strong>of</strong> materials submitted as samples.<br />
The lump sum for testing <strong>of</strong> materials and works as specified and which are to be carried<br />
out in accordance with the specifications shall include for the costs <strong>of</strong> all tests that are<br />
required to be carried out or repeated for the approval <strong>of</strong> sources <strong>of</strong> materials and for the<br />
routine testing <strong>of</strong> all proposed samples, collected/stockpiled materials proposed to be<br />
used, and the materials that have been used for the works.<br />
Name Boards<br />
(i)<br />
Provide, erect, maintain and later remove name boards shall be certified for payment,<br />
when erected, as per the unit rate given in the BOQ. Size <strong>of</strong> the name board shall match<br />
the detail drawings and shall be as approved by the Engineer.<br />
Performance Guarantee and Advance Payment Guarantee / Security<br />
(i)<br />
(ii)<br />
Performance and Advance Payment Guarantee shall be on demand, unconditional, from<br />
a bank acceptable to the Employer.<br />
Payment for this item will be made when the Security or Guarantee in the specified<br />
format has been provided and accepted by the Employer.<br />
Other Security Bonds<br />
(iii)<br />
(iv)<br />
(v)<br />
The Contractor shall submit with his tender a breakdown with the cost specified for each<br />
security bond or guarantee that he may wish to get reimbursed under this item.<br />
All securities and guarantees, including Bid Bond, shall be on demand, unconditional,<br />
from a bank acceptable to the Employer.<br />
Payment for each bond or guarantee will be certified in accordance with the agreed<br />
breakdown and when the individual bond or guarantee has been submitted to and<br />
approved by the Engineer.
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Insurance<br />
(i)<br />
(ii)<br />
The Contractor shall submit with his tender a breakdown with the cost specified for each<br />
insurance policy that he wishes to get reimbursed under this item.<br />
Payments for each insurance will be certified in accordance with the agreed breakdown<br />
when the individual insurance policies together with pro<strong>of</strong> <strong>of</strong> full payment <strong>of</strong> its premium<br />
has been submitted to and approved by the Engineer. All insurance policies submitted<br />
shall be on demand and unconditional, from an insurance organisation acceptable to the<br />
Employer<br />
Temporary Works<br />
(i)<br />
(ii)<br />
Payment for temporary works will be in monthly instalments, pro-rata to the measured<br />
works completed.<br />
All materials supplied by the Contractor for temporary works shall remain in the property<br />
<strong>of</strong> the Contractor and their removal from site is deemed included in sums and rates.<br />
Time -Related Charges<br />
(i)<br />
(ii)<br />
(iii)<br />
(iv)<br />
(v)<br />
Time - Related Charges shall not be subject to re-measurement. The Contractor shall<br />
distinguish between “Time - Related Charges” and “Fixed Charges”.<br />
Payment for establishment costs relevant to these items will be by lump sum which will<br />
be made only after completion and acceptance <strong>of</strong> all facilities.<br />
Payment for maintenance/time related costs will be in monthly instalments commencing<br />
from when the facilities are made available and accepted by the Employer’s Representative.<br />
Contractor shall furnish detailed invoices and receipts <strong>of</strong> bill payments from the relevant<br />
local authority for all subscription fees and actual consumption <strong>of</strong> said facilities, provided<br />
that such use has been clearly recorded individually for units to which the Engineer has<br />
soles access.<br />
Payments can be suspended, reduced or deleted from any Contract Payment if, in the<br />
opinion <strong>of</strong> the Employer’s Representative, the Contractor is not fulfilling his obligations.<br />
2.2 Day Works<br />
A Day-Works bill is included in the Bill <strong>of</strong> Quantities for use when a work is executed on a day-work basis in<br />
accordance with the General Conditions <strong>of</strong> Contract. Work shall not be executed as day-Works except by<br />
the written order <strong>of</strong> the Engineer. Please also refer to the Notes under the Day Works Bill.<br />
(i)<br />
Labour<br />
Payment in respect <strong>of</strong> labour used in the execution <strong>of</strong> the day-Works shall be at the hourly rate stated in<br />
the Day-work Bill. Separate payment shall be made in respect <strong>of</strong> the amount <strong>of</strong> wages <strong>of</strong> the Contractor’s<br />
Site Supervisory, Administrative Staff or other minor categories <strong>of</strong> labour not listed.
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The inserted rates for labour shall cover all bonuses, statutory charges and all other charges and costs in<br />
respect <strong>of</strong> or incidental to the employment <strong>of</strong> the said labour, except only the cost <strong>of</strong> materials and<br />
Constructional Plat. The rate shall also include the costs in respect <strong>of</strong> portable tools such as picks,<br />
shovels, barrows, trowels, ladders, hand-saws, buckets, trestles, hammers, chisels and all items <strong>of</strong> a like<br />
nature, which for the purpose <strong>of</strong> work executed on a day-work basis shall not be considered as<br />
Constructional Plant.<br />
(ii)<br />
Materials and Goods<br />
Payment in respect <strong>of</strong> materials or goods used in the execution <strong>of</strong> work on a day-work basis shall be net<br />
cost <strong>of</strong> materials or goods plus the required percentage addition stated in the Appendix to tender.<br />
The “net cost <strong>of</strong> materials” means the net cost <strong>of</strong> such materials or goods delivered by the supplier to store<br />
or stockpile on the Site.<br />
The stated rate shall cover the costs <strong>of</strong> taking delivery and putting into the store or stockpile, usage <strong>of</strong> any<br />
minor tools/equipment not listed under plant and equipment, storage, overheads and all other charges and<br />
costs in respect <strong>of</strong> or incidental to the procurements and handling <strong>of</strong> such materials or goods.<br />
The costs <strong>of</strong> taking the materials from the store or stock pile on site to the place where they are used shall<br />
be paid for at the appropriate day-work rates for labour and Constructional Plant.<br />
(iii)<br />
Constructional Plant<br />
The inserted rate for Constructional Plant shall be paid for the plant when actually employed directly in the<br />
execution <strong>of</strong> the work on a day-work basis, excluding any travelling time, associated movement on the site<br />
with a prime mover or idling hours. The rate shall include the following:<br />
a) The cost <strong>of</strong> Constructional Plant including maintenance and spares, fuel and fuel distribution,<br />
oil grease, and any other consumables.<br />
b) The cost <strong>of</strong> crews, operators/drivers and attendants.<br />
c) All overheads, pr<strong>of</strong>its and other costs associated with the plant being required to work on a<br />
day-work basis.
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3.0 TRADE PREAMBLES<br />
3.1 General<br />
a. The <strong>Tender</strong>er shall, prior to preparation <strong>of</strong> the <strong>Tender</strong>, read and be fully conversant with the<br />
description <strong>of</strong> relevant items <strong>of</strong> work and the requirements stated in the Contract <strong>Document</strong>s including<br />
the Instructions to Bidders, <strong>Tender</strong> Form, General Conditions, Particular Conditions, <strong>Tender</strong><br />
Drawings, General Specifications and Particular Specifications and any other information that can be<br />
reasonably inferred from any <strong>of</strong> them. All obligations contained in the said documents shall be<br />
included in the item rates and final tender price.<br />
b. The <strong>Tender</strong>er shall read and be fully conversant with the description <strong>of</strong> workmanship and materials as<br />
described in the above Specifications <strong>of</strong> works prior to preparation <strong>of</strong> the <strong>Tender</strong>.<br />
c. The <strong>Tender</strong>er shall refer to the relevant Clauses <strong>of</strong> Pricing Preamble when pricing composite items <strong>of</strong><br />
works.<br />
d. Where the word "Allow" occurs, the cost <strong>of</strong> such works and or items shall be at the risk <strong>of</strong> the<br />
Contractor and the payments will be made to the Contractor for such works and or items in<br />
accordance with contract, provided such works and or items have been actually executed to the<br />
satisfaction <strong>of</strong> the Engineer.<br />
e. The rate for each item must be comprehensive and must include for complying in all respects with the<br />
requirements <strong>of</strong> the aforesaid Specifications, these Pricing Preambles, and cover all obligations under<br />
the Contract, and all matters and things necessary for the proper construction, completion and<br />
maintenance <strong>of</strong> the Works. No claim for additional payment will be entertained due to any error or<br />
misunderstanding by the Contractor <strong>of</strong> the work involved.<br />
f. The rates and prices entered in the Bills <strong>of</strong> Quantities shall be the full inclusive value <strong>of</strong> the completed<br />
work and shall have taken full account <strong>of</strong> all requirements and obligations, covered by all parts <strong>of</strong> the<br />
contract, including the following - unless expressly stated otherwise:<br />
i. All setting out and survey works including in - survey and out - surveys<br />
ii.<br />
iii.<br />
iv.<br />
Preparation and submission <strong>of</strong> detailed shop drawings, as built drawings, working drawings,<br />
Operations and Maintenance Instructions as and when required by the Engineer.<br />
Temporary works<br />
Complying with any limitations and constrains on the use <strong>of</strong> the site<br />
v. Dealing with the existing flow <strong>of</strong> water from any source including ground water, sewage and the<br />
like.<br />
vi.<br />
The effect on the phasing <strong>of</strong> the Works or any element <strong>of</strong> the Works to the extent set forth or<br />
reasonably implied in the documents on which the tender is based.
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vii.<br />
Locating and taking measures for the support and full protection <strong>of</strong> pipes, cables and other<br />
apparatus during the progress <strong>of</strong> the Works, obtaining written consent <strong>of</strong> appropriate authority to<br />
interrupt the service or supply and for keeping the Engineer informed <strong>of</strong> all arrangements he<br />
makes with the owners <strong>of</strong> privately owned services or supplies and Public Authorities as<br />
appropriate.<br />
viii. General obligations, liabilities and risk involved in the execution <strong>of</strong> the Works set forth or<br />
reasonably implied in the documents on which the tender is based.<br />
ix.<br />
Land required for tips and stockpiles including all costs for obtaining any necessary licenses and<br />
approvals.<br />
x. Allowance for phasing requirements <strong>of</strong> works, effect on programming <strong>of</strong> the works <strong>of</strong> all traffic<br />
diversions and construction activity associated with diversion or installation <strong>of</strong> services.<br />
xi.<br />
xii.<br />
For all restrictions on working due to inclement weather or weather related conditions, shipping<br />
movements and working operations within the site.<br />
For working alongside and liaising with other Contractors working on the same site.<br />
xiii. Attendance and transport for surveys, sampling and testing, carried out by the Engineer.<br />
xiv. Performing all sampling and testing which are required to be carried out by the Contractor, and<br />
supplying results <strong>of</strong> such tests.<br />
xv.<br />
Providing required material delivery certificates.<br />
xvi. Complying with environment statutory requirements, obtaining necessary permissions, licenses<br />
etc. from relevant Municipal Council and/or any other relevant authority under which particular<br />
item <strong>of</strong> work is to be executed, and providing relevant documentation for the same, unless<br />
otherwise included in the Preliminaries;<br />
xvii. Labour and all connected costs;<br />
xviii. The supply <strong>of</strong> materials, goods, storage and all costs connected therewith including haulage,<br />
taking over <strong>of</strong> materials and goods supplied by others, storage, carriage, freightage, returning<br />
packing, hoisting or lowering, placing and compacting <strong>of</strong> materials and goods in position,<br />
including usual auxiliary material etc., replacing work, goods or materials damaged, broken, lost<br />
or stolen until the issue <strong>of</strong> a Certificate <strong>of</strong> Completion;<br />
xix. Preparatory works and setting out <strong>of</strong> particular item;<br />
xx.<br />
Plant and equipment unless otherwise included in Preliminaries;<br />
xxi. Handling <strong>of</strong> materials and working in situation where there is very restricted working space or no<br />
working space;<br />
xxii. Square cutting and waste <strong>of</strong> materials;<br />
xxiii. Forming <strong>of</strong> ends, angles, mitres and junctions between straight and raking or curved work;<br />
xxiv. Protecting and cleaning;
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xxv. All other incidental works and necessary works which are not described in the BOQ, but<br />
described in the aforesaid specifications and or shown in the drawings for the proper completion<br />
<strong>of</strong> the relevant items <strong>of</strong> work;<br />
xxvi. Establishment charges, overheads and pr<strong>of</strong>it.<br />
xxvii. All necessary scaffolding work including supply, erection and dismantling.<br />
Measurement Methods<br />
The final quantities shall be computed net using dimensions from the drawings, relative to Existing Ground<br />
Levels as per the agreed drawings persuading to the Conditions <strong>of</strong> Contract, except where clearly stated<br />
otherwise under individual items in the drawings and the BOQ. No allowance shall be made for bulking,<br />
shrinkage or waste.<br />
If geometric tolerances on the Contractor’s work, whether they are within or without the specified<br />
tolerances, cause any increase in quantities relative to the computed net quantities from the drawings then<br />
such increases shall deem to be included in the rates and such additional quantities shall not be included<br />
in the measurement for payment. No deduction shall be made for tolerances within the specified limits.<br />
Quantities shall be measured with the same place <strong>of</strong> decimal as stated in the bills.<br />
3.2 EXCAVATION AND EARTH WORK<br />
1. All work under this section is measured net.<br />
2. The Contractor shall be responsible for the design and execution <strong>of</strong> the excavation and earthwork<br />
support methods where necessary, which is subject to scrutiny by the Engineer. However, scrutiny<br />
by the Engineer shall not in any way relieve the Contractor <strong>of</strong> his responsibilities and duty regarding<br />
care <strong>of</strong> work.<br />
3. Existing Ground level indicated in the drawings shall be the level <strong>of</strong> trimmed ground free <strong>of</strong> all<br />
structure, paving, plinths, foundations and the like.<br />
4. Depths <strong>of</strong> all excavations are taken from the immediate filled ground level.<br />
5. Where a compacted earth fill is specified or indicated in drawings it shall mean approved granular fill<br />
<strong>of</strong> imported material, or selected excavated material.<br />
6. Dewatering shall mean disposal <strong>of</strong> surface water and ground water collected or found in excavated<br />
areas which is likely to adversely affect the Works.<br />
7. Disposal <strong>of</strong> ground or surface water shall be done by any accepted method, with the least<br />
inconvenience to the public and in accordance with relevant local government regulations.<br />
8. Excess excavated material shall be the property <strong>of</strong> the Contractor, who is responsible for disposal <strong>of</strong><br />
such material at a location <strong>of</strong>f or within the site as quickly as possible, as directed by the Engineer.
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9. Rates for compacted earth fill, granular fill and gravel and sand beds shall include for finishing subgrade<br />
to slopes and falls, depositing in layers, levelling, blinding, and machine or hand-packing to<br />
form vertical or battered or level faces, and for forming sinking where required.<br />
10. The contractor is obliged to remove any remaining debris and or parts <strong>of</strong> foundations, slabs and the<br />
like remaining under ground which would interfere with the proposed works.<br />
11. The Contractor is advised to examine the soil report available with the Engineer for the type <strong>of</strong> soil<br />
encountered at the site during the investigation.<br />
12. The Contractor is required to inspect the site in order to acquaint himself with the conditions <strong>of</strong> the<br />
site and subsoil condition prior to preparing his tender.<br />
13. The Contractor shall obtain all detail information from the relevant authorities in compliance with<br />
relevant acts, by laws and regulations to excavations and earth work supports.<br />
14. The Contractor shall submit samples and obtain test certificate as required in the contract or as<br />
directed by the Engineer.<br />
15. The Contractor is required to obtain prior approval from the Engineer for earthwork supports to sides<br />
<strong>of</strong> excavations, before commencement <strong>of</strong> the work.<br />
16. Area <strong>of</strong> shoring / earth work supports will be measured from the commencing level <strong>of</strong> excavation to<br />
the bottom level <strong>of</strong> excavation.<br />
Rates for Excavation and Earthwork shall include for:-<br />
a. Accepting site as found and preparing site to a condition suitable for proper execution <strong>of</strong> the Works ;<br />
b. Excavating, filling and compacting by whatever means are necessary manually or by machine, in any<br />
type <strong>of</strong> ground or on concrete slab, except in rock requiring blasting.<br />
c. Trimming and keeping sides plumb, keeping clean and consolidating bottom <strong>of</strong> excavations and<br />
formed earthwork structures and compacting bottom <strong>of</strong> excavations to the required density.<br />
d. Back filling and disposal <strong>of</strong> surplus excavated materials <strong>of</strong>f site as directed.<br />
e. Any necessary additional work required under the Works and any additional excavation required for<br />
working space and the like and necessary earth work supports.<br />
f. Any additional trimming or filling in small quantities required under the Work, provided, specified or<br />
approved unless otherwise measured separately ;<br />
g. Fixing, maintaining in position and removing <strong>of</strong> earthwork supports.<br />
h. Keeping all excavated areas free from surface / ground water by pumping or other approved method.<br />
i. Making good all disturbed work including public roadways, pavements etc.<br />
j. Preparation <strong>of</strong> earth surfaces to the specified levels and pr<strong>of</strong>iles to receive concrete.
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2.2 Excavation – Civil Works<br />
A<br />
The rates and prices for excavations shall be for, but not be limited to, all types <strong>of</strong> ground<br />
encountered, except rock, including those above, or below, water level. The Contractor must<br />
make allowance for the possibility <strong>of</strong> permission not being granted for the use <strong>of</strong> explosives.<br />
B<br />
In no case shall any <strong>of</strong> the following be included in the measurement for payment: quantity <strong>of</strong> any<br />
excavations performed prior to the taking <strong>of</strong> measurements <strong>of</strong> the undisturbed, original, natural<br />
ground;<br />
quantity <strong>of</strong> excavation required due to the swelling <strong>of</strong> the foundation when driving piles; removal <strong>of</strong><br />
slides, cave-ins, silting or filling due to the action <strong>of</strong> the elements or weather and/ or carelessness<br />
<strong>of</strong> the Contractor.<br />
C<br />
For unsuitable material, the excavated material shall be measured as the volume <strong>of</strong> material<br />
directed to be removed by the Engineer<br />
D<br />
No allowance shall be made for any bulking or for any extra transport required due to bulking.<br />
E<br />
Excavation in rock which shall, in case <strong>of</strong> trench excavation for pipe laying be measured extra<br />
over, shall be by volume from the level at which rock is encountered. For trench excavation the<br />
volume measured shall be to the maximum bottom width <strong>of</strong> trench permitted under the<br />
Specification or actual width, whichever is less, and the depth to pipe invert. An isolated volume<br />
rock or concrete occurring within other material to be excavated shall not be measured separately<br />
unless its volume exceeds 1m³ except that the minimum volume shall be 0.25m 3 where the net<br />
width <strong>of</strong> excavation is less than 2.5m.<br />
F<br />
The rates shall include, but not by way <strong>of</strong> limitation, for:<br />
<br />
clearing any scrub or other vegetable growth including all trees and for legal disposing <strong>of</strong> the<br />
whole <strong>of</strong> the cleared material to tip provided by the Contractor; excavation to the correct<br />
depth to the net dimensions as indicated on the Drawings and preserving the bottoms <strong>of</strong><br />
excavations in a state suitable for the reception <strong>of</strong> concrete, pipes or pipe bedding, and no<br />
payment will be made for any concrete or pipe bedding required for filling over-excavated<br />
volumes or disturbed areas; any additional excavation required for working space, temporary<br />
or permanent shoring, and subsequent refilling, compacting and disposal <strong>of</strong> surplus<br />
excavated material; taking all precautions by supporting faces <strong>of</strong> excavation to ensure the<br />
safety <strong>of</strong> the workmen and to prevent damage to adjacent walls, buildings and all other<br />
structures and services and to prevent damage to road and other surfaces by slip or breaking<br />
away <strong>of</strong> trench sides or other cause, including permanent and/ or temporary shoring <strong>of</strong><br />
trenches; keeping the site and trenches and all other excavations in a dry condition and free<br />
from water from whatever cause arising; all obligations with respect to trial holes
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<br />
all temporary and permanent measures required to protect and support all existing pipes,<br />
cables and services, including all chambers, gullies and foundations thereto, or repair or<br />
replace them should they become damaged due to the Contractor’s activities;<br />
<br />
trimming the bottoms <strong>of</strong> excavations including bottoming to falls, and trimming to sloping<br />
surfaces, where required or specified, including foundation preparation as specified;<br />
<br />
provision <strong>of</strong> storage areas for the temporary storage <strong>of</strong> any material required for backfilling<br />
which cannot be stored alongside the excavation for any reason, together with the cost <strong>of</strong><br />
loading, transporting, including disposal <strong>of</strong> surplus, and unloading such material; disposal <strong>of</strong><br />
rock to a site approved by the Engineer: and all other charges incurred in this respect;<br />
<br />
backfilling to structures and pipelines including all multiple handling, spreading, levelling,<br />
watering, compaction, trimming each layer and testing <strong>of</strong> backfill all as specified ;<br />
<br />
all barriers, watching, lighting, warning signs, traffic control and any other measures<br />
necessary to ensure complete safety around the area <strong>of</strong> the works;<br />
<br />
temporary and permanent reinstatement <strong>of</strong> all affected surfaces and structures except where<br />
separate items are included for permanent road reinstatement.<br />
Excavation for Structures<br />
For structures, the volume <strong>of</strong> material excavated shall be the product <strong>of</strong> the horizontal plan<br />
area <strong>of</strong> the base <strong>of</strong> permanent work constructed, and the mean depth below ground level. The<br />
mean depth shall be measured to the underside <strong>of</strong> the specified blinding concrete.<br />
3.3 TREES AND PLANTS<br />
1. All root balled trees, shrubs, creepers and other plants including sods for grass covers shall be<br />
obtained from licensed and recognised nurseries <strong>of</strong> the choice <strong>of</strong> the Contractor with prior written<br />
approval from the Engineer.<br />
2. All costs and other work involved in complying with the local authority and governmental laws, rules<br />
and regulations and complying with the Central Environmental Authority regulations including<br />
obtaining necessary licenses / permits pertaining to transporting and the source <strong>of</strong> supply <strong>of</strong> plants,<br />
and other planting materials shall be the responsibility <strong>of</strong> the Contactor.<br />
3. All plants / trees will have the specified height / size measured as stipulated under the relevant<br />
Specifications.<br />
4. If the Engineer decides any tree / plant not healthy or unsuitable for planting or not having the<br />
required height such trees / plants will be rejected. The Contractor shall replace at his own cost,<br />
such plants with healthy plants / trees as approved by the Engineer.
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Rates for trees and plants shall include for:-<br />
a. Preparation <strong>of</strong> trees for planting during the preparation period indicated under the Specifications;<br />
b. Transporting, loading unloading and hoisting to the ro<strong>of</strong> garden level with suitable temporary hoists or<br />
by other means;<br />
c. Temporary storage <strong>of</strong> all plant materials in suitable location under the conditions required for the<br />
various types <strong>of</strong> plants until they are planted in position;<br />
d. Transportation <strong>of</strong> trees / plant and other plant materials on site by suitable means;<br />
e. Hoisting and planting in planting pits, cylinders or elsewhere prepared with soil topsoil and fertilisers<br />
as per the Specifications;<br />
f. Providing sufficient staking, strutting, supporting and protective fencing or any other safety measures<br />
to all trees and plants until the trees / plants are properly established;<br />
g. Providing sufficient protection to all plant materials including plants and trees, top soil, fertilizers and<br />
the like during the entire process and until the end <strong>of</strong> the maintenance period stipulated in the<br />
Specifications and the Bills <strong>of</strong> Quantities;<br />
h. Maintenance <strong>of</strong> trees / plants during the entire maintenance period including watering, weeding,<br />
replacing dead or unhealthy plants / trees, fertilising, including full time maintenance labour /<br />
supervisor on site.<br />
3.4 CONCRETE, FORMWORK AND REINFORCEMENT<br />
Concrete<br />
1. The concrete used throughout this construction shall confirm to the requirements stated in the<br />
Specifications. Unless otherwise approved by the engineer ready mixed concrete from an<br />
approved manufacturer shall be used in the work.<br />
2. Ready mixed concrete used shall conform to relevant specification provisions.<br />
3. Formwork and necessary reinforcement shall be priced with concrete if separate items are not<br />
provided for such in the Bills <strong>of</strong> Quantities.<br />
Rates for concrete shall include for:-<br />
a. Obtaining ready mix concrete, where necessary, as per specifications, and obtaining test report from<br />
the manufacturer.<br />
b. Transporting, admixtures, handling, pumping / hoisting and placing at any height or depth.<br />
c. Packing and tamping around reinforcement, including vibrating.
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d. Mixing, hoisting / lowering, placing in position and packing around reinforcements, site mixed<br />
concrete.<br />
e. Vibrating and curing as specified.<br />
f. All necessary stop boards, construction joints etc.<br />
g. Finishing to slopes and falls and cross falls prepare surface ready for screed or paving where<br />
necessary including cutting to sizes and temporary supports to form necessary grooves.<br />
h. Water bars / water stops where necessary.<br />
i. Making good after removal <strong>of</strong> form work.<br />
j. Making provisions, in concrete to fix any fixtures required under the work.<br />
k. Making provisions, leaving openings, sleeves for all pipe work and making good around openings.<br />
l. Rates for plain concrete blinding beds shall include for any necessary formwork at edges for the extra<br />
width <strong>of</strong> concrete which may be required in lieu.<br />
m. Concrete strength testing as specified.<br />
n. Expansion joints as required or as shown in the drawings / as per the specifications.<br />
Reinforcement<br />
2. It is the responsibility <strong>of</strong> the Contactor to calculate the actual requirement <strong>of</strong> reinforcement based<br />
on Construction Drawings, before placing the purchasing order.<br />
3. Where high-yield steel is specified, steel conforming to specifications may be used. The<br />
Contractor shall, if required, submit a certificate <strong>of</strong> origin and compliance with the requirement <strong>of</strong><br />
related standards to the satisfaction <strong>of</strong> the Engineer. Such certificate shall be obtained from an<br />
Independent laboratory at the contractor's own cost.<br />
4. Mesh reinforcement or other steel shall conform to the relevant standards and the Contractor shall<br />
obtain prior approval from the Engineer.<br />
5. Standard length <strong>of</strong> reinforcing bar for the purpose <strong>of</strong> measurement shall be 6.0 m.<br />
6. Payment for bar reinforcement shall be to the nearest second decimal places <strong>of</strong> a tonne (t).<br />
Rates for reinforcement shall include for:–<br />
a. Rolling margin ;<br />
Note :-<br />
Rolling margin is the difference in weight between the theoretical and actual weights <strong>of</strong><br />
bar reinforcement <strong>of</strong> respective diameter. The minimum weight <strong>of</strong> steel stated in the BOQ<br />
is considered as the theoretical weight.
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b. Preparation <strong>of</strong> bar bending schedules and obtaining the Engineer’s approval ;<br />
c. Straightening, cutting, bending, cleaning, hoisting, and tying in position <strong>of</strong> steel reinforcement at any<br />
height or depth;<br />
d. Cutting waste and rolling margin <strong>of</strong> steel reinforcement;<br />
e. Tying wire, spacer blocks, chairs, hangers etc;<br />
f. All splicing, laps and passing at angles etc. in steel reinforcements other than designed laps;<br />
g. Where Fabric reinforcement is used the cost <strong>of</strong> placing in position for all cutting, distance pieces,<br />
bending, holes, notching, tying wire, distance blocks, chairs, hangers, tying at laps and for the cost <strong>of</strong><br />
materials in laps. (Laps will not be measured separately);<br />
h. Aligning and supporting in position during concreting;<br />
Formwork<br />
Formwork shall be capable <strong>of</strong> achieving the specified finish.<br />
1. Formwork shall include for all temporary or permanent forms moulds required for casting the<br />
concrete in-situ and all the temporary construction required for supports.<br />
2. Formwork for the structural works shall be <strong>of</strong> approved quality timber, Plywood, or steel or any<br />
other approved materials.<br />
3. Refer relevant specification provision for the full description <strong>of</strong> formed finishes.<br />
4. Formwork shall be properly designed and strictly as described in the specifications for the<br />
particular type <strong>of</strong> concrete surface finish and it should be sufficiently strong and grout tight.<br />
Rate for Formwork shall include for:-<br />
a. Fabricating, setting up and erection at any height or depth and striking <strong>of</strong>f and cleaning, preparing for<br />
reuse and removing <strong>of</strong> formwork;<br />
b. All necessary props, joists, struts etc., incidental items and materials such as nails, screws anchors<br />
hooks etc for formwork at any level, including additional propping, strutting and supporting decks;<br />
c. Formwork in narrow widths and small quantities; for setting up, strutting and supporting at any height;<br />
d. Unrecoverable formwork;<br />
e. Coating with form oil, sprayed plastics or lining;<br />
f. Rubbing down and making concrete surface good after removal <strong>of</strong> formwork;<br />
g. Sealing <strong>of</strong> joints to avoid leaking <strong>of</strong> cement grouting;<br />
h. Cleaning the surface before concreting (removing dirt, saw dust etc.)
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Precast Concrete<br />
Where Pre-cast Concrete elements are used, rates for same shall include for: -<br />
a. Casting with all necessary concrete, Formwork and reinforcements including forming pockets and the<br />
like and filling <strong>of</strong> such pockets, providing lifting hooks or other devices to the approval <strong>of</strong> the Engineer;<br />
b. Loading, transporting to site, unloading, handling and stacking;<br />
c. Hoisting to any height or depth including providing any lifting holes or other devices to the approval <strong>of</strong><br />
the Engineer, erecting and fixing in position as specified, building in, including bedding and jointing in<br />
mortar / concrete as required, and any necessary strutting and supporting;<br />
d. Complying with requirements <strong>of</strong> the relevant Preamble clauses;<br />
e. <strong>High</strong> tensile wires, wedges, spacers, grill plates, etc. in case <strong>of</strong> pre-stressed concrete units and labour<br />
in connection therewith;<br />
f. Testing pre-cast units, if required.<br />
3.5 MASONRY WORKS<br />
1. Random rubble masonry work in retaining walls / foundations shall include for necessary footings<br />
etc.<br />
2. Where masonry walls are unsupported laterally and the panel area is greater than 12 m 2 , then<br />
stiffener beams and columns shall be introduced as per specifications and typical details to the<br />
approval <strong>of</strong> the Engineer. Concrete, form work and reinforcement in stiffener columns and beams will<br />
be measured separately.<br />
Rates for Masonry work shall include for:-<br />
a. Straight cutting and wastage;<br />
b. For providing sleeves where necessary and making good;<br />
c. Bonding ends <strong>of</strong> new walls or existing walls and bonding <strong>of</strong> different types <strong>of</strong> walls together;<br />
d. Providing suitable flexible sealants to joints at masonry walls to RC structure;<br />
e. Providing GI or stainless steel anchors netting to fix with RC work;<br />
f. Concrete and Form work in stiffener columns and beams (these will not be measured and paid<br />
separately but will be deemed to be included in the brick work rates);<br />
g. Building at any level or height, additional labour required, transporting, hoisting all cutting, bonding at<br />
angles and intersections, building into or against adjacent work, wedging and pinning up;<br />
h. Necessary cutting required in walls which are not multiples <strong>of</strong> brick size ;<br />
i. Sampling and testing <strong>of</strong> bricks and brick work as per specifications and or relevant standards;<br />
j. Filling cavities with cement sand mortar where necessary.<br />
k. All necessary scaffolding work including supply, erection and dismantling.
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3.6 WATERPROOFING<br />
a. Refer particular specification for waterpro<strong>of</strong>ing over RCC slab and other concrete structures. The<br />
<strong>Tender</strong>er shall submit with his tender, a complete set <strong>of</strong> specifications and other technical<br />
information relevant to the products he intends to incorporate in the works, for water pro<strong>of</strong>ing<br />
purposes.<br />
b. Waterpro<strong>of</strong>ing treatment over slab shall be <strong>of</strong> membrane type unless specified otherwise in the<br />
drawings or specifications, and shall be strictly in accordance with the Manufacturer’s Specifications.<br />
c. The Contractor is obliged to furnish the Employer with a warranty valid for a period <strong>of</strong> ten (10) years<br />
after handing over the Works in the form required by the Employer.<br />
Rates for waterpro<strong>of</strong>ing work shall include for:-<br />
a. Executing water pro<strong>of</strong>ing work strictly as per manufacturer's instructions and for carrying out work<br />
through manufacturer's accredited agents or licensed specialist contractors.<br />
b. Cleaning and preparing surface to be water pro<strong>of</strong>ed where necessary and application <strong>of</strong> water<br />
pro<strong>of</strong>ing materials as per specifications/manufacturer's instructions and to the best practice.<br />
c. Providing product samples, finished specimen areas etc, if required by the Engineer.<br />
d. Fair edges, rounded edges, drips, arises and angle fillets etc., forming internal and external angles,<br />
additional layers <strong>of</strong> reinforcing fabric and or flexible membrane at expansion joints and at junctions<br />
between horizontal and vertical surfaces.<br />
e. Working around parapets and other vertical surfaces rising from the slab, rain water outlets etc.,<br />
f. Complying with industrial regulations and requirements <strong>of</strong> relevant authorities.<br />
g. Forming or chasing grooves rebates etc, where necessary and turning waterpro<strong>of</strong>ing materials into<br />
chases and pointing as specified.<br />
h. Forming internal and external angles, bonding bricks and the like.<br />
i. Lining to rain water outlets, cesspools, brackets, collars around existing structures and the like.<br />
j. Cutting to line and jointing new to old asphalt.<br />
k. Temporary screeds, ground and rules.<br />
l. All necessary scaffolding work including supply, erection and dismantling.<br />
m. Testing after completion, rectification (if any), and providing guarantees as specified.
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3.7 WOOD WORK<br />
a) All timber shall be approved quality Class 1 timber unless specified otherwise in the specifications or<br />
drawings.<br />
b) The work shall include supply, fabricate and installation <strong>of</strong> doors / windows, with approved quality<br />
timber and finished as per the respective specification and the drawings.<br />
c) All samples shall be provided for Engineer's approval prior to purchase <strong>of</strong> material.<br />
d) All timber shall be pressured impregnated termite pro<strong>of</strong>, seasoned, planed timber and sand papered<br />
by hand to have a smooth finish to receive paint.<br />
e) Only 16% <strong>of</strong> moisture content is recommended for all timber.<br />
f) The sizes given in the drawings and description <strong>of</strong> Bill <strong>of</strong> Quantities are final finished sizes.<br />
g) The contractor shall check the measurement <strong>of</strong> openings physically at the site before fabricating the<br />
doors / windows.<br />
h) All the locks and ironmongery shall be as approved by the Architect. Samples shall be approved by<br />
the Architect prior to purchase.<br />
i) Ironmongery and door furniture used including nails, screws, hinges, stays, pull rings and the like<br />
shall be <strong>of</strong> brass unless specifically stated otherwise in the drawings or the specifications.<br />
Unless specified otherwise, rates shall include for:<br />
a) Hoisting and fixing in position, drilling and making good.<br />
b) All necessary brass nails hinges and screws, glue, rawl plugs etc,.<br />
c) Unless specified otherwise, 5mm thick clear float glass as appropriate to suit the respective doors<br />
and windows.<br />
d) Fixing timber frames / sashes with brass screws, lock sets with 3 keys manufactured in Europe to be<br />
used on all doors.<br />
e) Painting with two coat <strong>of</strong> wood preservative, two coats <strong>of</strong> primer and two final coats <strong>of</strong> wood sheen<br />
spray paint
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3.8 STRUCTURAL STEEL, METAL WORK<br />
j) All steel / metal / GI sections should comply with the relevant standards and should posses the<br />
required thicknesses and grades as determined by the Engineer.<br />
k) Metal work shall be fabricated carefully and accurately to ensure compliance with design and<br />
performance requirements using types and grades <strong>of</strong> metal as specified for the purpose. The<br />
finished work must be free from distortion and cracks.<br />
l) All ferrous metals shall be free from rust seals and other defects and the various shapes shall be<br />
clearly rolled or otherwise formed to uniform section.<br />
m) All non ferrous metal shall have uniform finished surfaces machined and buffed free from defects<br />
and section shall conform accurately to the sizes and shapes required.<br />
n) All welds shall be properly made by experienced tradesman and shall be cleaned <strong>of</strong>f and buffed<br />
smooth and even where visible in the finished work.<br />
o) The Contractor shall submit detailed shop drawings <strong>of</strong> metal work components to the Engineer prior<br />
to fabrication <strong>of</strong> same.<br />
p) The Contractor must ensure that all necessary inserts lugs etc, required for fixing metal work units,<br />
are embedded in accordance with the approved Shop Drawings.<br />
q) The inserts etc, already placed in position shall not be shifted or removed without the written<br />
approval <strong>of</strong> the Engineer.<br />
r) Where dissimilar metals are in contact, approved separators shall be used.<br />
Rates for metal work shall include for:-<br />
a. All fabrication work, notching drilling for bolts etc.;<br />
b. All welds and bolts;<br />
c. Cutting and wastage;<br />
d. Delivery, unloading, handling, hoisting, fitting and fixing in position at any height or depth and grinding<br />
<strong>of</strong> all exposed welds flush and smooth;<br />
e. Providing separate strips etc, between dissimilar metals to prevent galvanic action;<br />
f. Fixing all bolts and building in lugs etc.;<br />
g. Submitting shop drawings for the approval <strong>of</strong> the Engineer;<br />
h. Making good the works disturbed;<br />
i. Cleaning and applying two coats <strong>of</strong> rust inhibitive paint or the application <strong>of</strong> spray on fire pro<strong>of</strong>ing as<br />
per specifications to the unprotected steel trusses, beams and steel members to achieve a three hour<br />
fire rating;<br />
j. Supplying samples <strong>of</strong> materials and composite units to the engineer for the approval;<br />
k. All necessary scaffolding work including supply, erection and dismantling.
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3.9 WALL FINISHES<br />
Rates for Wall finishes shall include for:-<br />
a. Temporary rules, screeds grounds etc. for racking out joints <strong>of</strong> brick/block work and hacking concrete<br />
surface for forming key;<br />
b. Forming joints between different surfaces and expansion joints;<br />
c. Forming arises and stopping against joinery work, metal work etc.;<br />
d. Making good or tile cutting to any required shape or size around pipes, sanitary fittings and fixtures;<br />
e. Cutting and waste <strong>of</strong> tiles or other wall finishing materials;<br />
f. Pointing to match tiles as approved;<br />
g. Preparing surfaces for finishing or bed/backings;<br />
h. Moulded and chamfered edges, rebated edges, splayed edges, round edges, grooves etc.;<br />
i. All moulding work, plaster bands, decorative work in connection with plastering and finishing;<br />
j. All necessary scaffolding work including supply, erection and dismantling;<br />
k. Cleaning and polishing <strong>of</strong> tiles after completion;<br />
l. Providing samples and obtaining necessary approvals as and when required by the Engineer.<br />
m. Provide and obtain necessary approvals for the expansion joints if any<br />
n. Protection <strong>of</strong> the completed work until the work is properly handed over to the Employer.<br />
All narrow widths, small areas, columns, vertical surfaces <strong>of</strong> beams, edges <strong>of</strong> slab, lintels etc if not<br />
measured separately, will be measured with the main items.<br />
3.10 CEILING FINISHES<br />
Rates for ceiling finishes shall include for :-<br />
a. Hacking concrete surface for forming key;<br />
b. Forming joints between different surfaces and expansion joints;<br />
c. Forming arises and stopping against joinery work, metal work etc.;<br />
d. Making good around pipes, sanitary fittings and fixtures, light fittings etc.;<br />
e. Moulded and chamfered edges, rebated edges, splayed edges, round edges, grooves etc.;<br />
f. All moulding work, plaster bands, decorative work in connection with plastering, finishing work;<br />
g. Joining <strong>of</strong> different types <strong>of</strong> ceiling finishes as shown on drawings;<br />
h. Framing together all work in accordance with the best practices;
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i. Nails, screws, glue, plugs, hangers, rods, sub-frames etc.;<br />
j. Make good all work disturbed;<br />
k. All necessary scaffolding work including supply, erection and dismantling;<br />
l. Provisions made for lighting points, access panels etc., in different kind <strong>of</strong> ceilings;<br />
m. All supporting system for suspended ceilings;<br />
n. Additional materials/labour required for working around light fittings, A/C diffusers, grills, drops <strong>of</strong><br />
different types <strong>of</strong> ceilings systems;<br />
o. Providing access panels;<br />
p. Cutting and wastage <strong>of</strong> all ceiling materials;<br />
q. Protection <strong>of</strong> completed work until the work is properly handed over to the Employer;<br />
r. Co-ordinating with other trades;<br />
s. Providing samples and obtaining necessary approvals as and when required by the Engineer.<br />
All narrow widths, small areas, s<strong>of</strong>fit <strong>of</strong> beams, etc not measured separately, but will be measured with the<br />
main item.<br />
3.11 FLOOR FINISHES<br />
Rates for Floor Finishes shall include for:-<br />
a. Preparing surface for finishing or screed/backing;<br />
b. Forming joints between different surfaces, and expansion joints;<br />
c. Finishing to slopes, falls and cross falls;<br />
d. Making good or tile cutting to any required shape or size around pipes, sanitary fittings and fixtures;<br />
e. Cutting and wastage <strong>of</strong> tiles and other floor finishes;<br />
f. Pointing to match tiles as approved;<br />
g. Moulded and chamfered edges, rebated edges, splayed edges, round edges, grooves etc.;<br />
h. All ends and angles <strong>of</strong> risers and edges <strong>of</strong> landings;<br />
i. Cleaning and polishing <strong>of</strong> tiles after completion;<br />
j. Providing samples and obtaining necessary approvals as and when required by the Engineer.<br />
k. Provide and obtain necessary approvals for the expansion joints if any<br />
l. Protection <strong>of</strong> the completed work until the work is properly handed over to the Employer.<br />
All narrow widths and small areas if not measured separately, will be measured with the main items.
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3.12 ROOFING WORK<br />
Rates for ro<strong>of</strong>ing work shall include for:-<br />
a. Laps, raking, straight and circular cutting and waste on ro<strong>of</strong> covering materials;<br />
b. All cutting, notching, drilling, trimming, framing, jointing, splayed edges and the like;<br />
c. Cutting and other waste <strong>of</strong> all materials;<br />
d. All necessary scaffolding work including supply, erection and dismantling;<br />
e. All structural steel work shall be sand blasted and painted with one coat <strong>of</strong> an approved rust –<br />
inhibitive primer, one coat <strong>of</strong> an approved under coat and two finishing coats <strong>of</strong> approved epoxy paint<br />
as specified and to the approval by the Engineer.<br />
f. Members <strong>of</strong> any length;<br />
g. Fixing in position complete with all necessary nails, screws, clips, rivets, straps, and the like;<br />
h. All shop fabrication work, making, delivery, unloading, hoisting, elevating and fixing in position as per<br />
detail drawings;<br />
i. Ridge capping, gable capping and flashing unless otherwise measured separately.<br />
j. Junction boxes, reducers <strong>of</strong> any size, mitre ends, running heads etc for ro<strong>of</strong> plumbing installation<br />
system. (For rain water gutters and down pipes.)<br />
3.13 PAINTING<br />
a. All paint material shall be <strong>of</strong> quality acceptable to the Architect and shall be from a manufacturer<br />
approved by the Engineer.<br />
b. All surfaces to receive paint shall be well cleaned and smoothened as specified and the prepared<br />
surface shall be approved by the Engineer before applying paint.<br />
c. Cavities and uneven surfaces in plastered areas shall be filled with gypsum or other suitable approved<br />
filler material and allowed to set, and sand papered to give a smooth and even surface.<br />
Rates for painting shall include for:-<br />
a. All necessary scaffolding work including supply, erection and dismantling;<br />
b. Preparation <strong>of</strong> surfaces, cleaning down;<br />
c. Smoothing, knotting, stopping etc.;<br />
d. Protecting floors, fittings etc.;<br />
e. Removing and replacing door and window furniture and cleaning upon completion;<br />
f. Providing samples and specification <strong>of</strong> all paints to be used in the works;<br />
g. Preparation <strong>of</strong> approved plastered wall surfaces before applying paint;<br />
All narrow widths and small areas if not measured separately will be measured with the main items.
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3.14 ALUMINIUM AND METAL WORK INSTALLATION<br />
General<br />
a. A detail submission <strong>of</strong> catalogues, technical specifications, characteristics, literature and other data<br />
fully describing the system, components, fixtures, fasteners, locks, hardware, glass and other<br />
materials should be forwarded with the Bid.<br />
Rates for Aluminium and Metal Doors, Windows, Shop Fronts, Fire Doors and Sky Lights shall include for<br />
a. Measuring the sizes <strong>of</strong> openings at site and preparing Shop Drawings / Working Drawings before<br />
fabrication commences.<br />
b. Supply and fixing <strong>of</strong> the system to masonry / concrete wall, floor or ceiling inclusive <strong>of</strong> all approved<br />
materials, components fasteners, fixtures, locks and hardware.<br />
d. Lifting, hoisting <strong>of</strong> materials / components to the required floors, levels by any means acceptable to<br />
the Engineer.<br />
e. Providing all necessary scaffolding.<br />
f. Maintaining an approved protective coating until practical completion.<br />
g. Removing protective coating, Cleaning down both sides and making good all damages.<br />
h. Testing <strong>of</strong> all Aluminium units for water infiltration after and during installation.<br />
i. Measuring the sizes <strong>of</strong> openings at site and preparing Shop Drawings before fabrication commences.<br />
j. Coordinating with other trades.<br />
k. Supplying pre-shipment certificates by an acceptable international surveyor, certifying the Aluminium<br />
components and the glass with respect to<br />
i. Source and country <strong>of</strong> manufacture.<br />
ii. Country <strong>of</strong> Origin.<br />
iii. Conformity to Specifications.<br />
iv. Conformity to System <strong>of</strong>fered.<br />
v. Conformity to the product <strong>of</strong>fered.<br />
l. Furnishing an acceptable guarantee for the system and the installation for a period <strong>of</strong> ten years from<br />
the date <strong>of</strong> practical completion and hand over. The format <strong>of</strong> the guarantee should be submitted<br />
with Bid.<br />
m. Appropriate beadings, sealant, screws, nails, washers etc.<br />
n. Protection <strong>of</strong> the completed work until proper handing over to the Employer.
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3.15 ELECTRICAL INSTALLATION<br />
a. Work shall be carried out by an experienced electrical contractor who has had previous<br />
experience in similar projects and shall have necessary tools, equipment and experienced staff for<br />
Electrical installation and Testing.<br />
b. When procuring main cables the Bidder shall take into account actual physical measurements to<br />
avoid joints. Special orders shall be placed with manufacturers for cable lengths more than 100<br />
meters.<br />
c. All imported products and fittings shall have the country <strong>of</strong> manufacture and the specification<br />
number marked distinctly.<br />
d. Fixing heights from floor level, unless directed by the drawings and specification otherwise, shall<br />
be as follows:<br />
Main switches (switch fuses) - 1.5 m<br />
Distribution boards - 1.7 m<br />
Lamp fittings - 2.4 m<br />
Ceiling fans - 2.6 m<br />
Switches and fan regulator - 1.4 m<br />
Socket outlets - 0.2 m (or as instructed)<br />
Rates for Electrical works shall include for :-<br />
a. Assembling and jointing together and for any jointing material; for fixings and supports to each<br />
and any background inclusive <strong>of</strong> all fixing materials, components and special mountings; for<br />
cutting and pinning or building in all fixings and supports, including subsequently making good;<br />
and for disconnecting and re fixing equipment and fittings to enable other trades to proceed.<br />
b. All wall, ceiling or floor sleeves and plates as required including any necessary packing and water<br />
tight cable entries at locations with risks <strong>of</strong> water leaks.<br />
c. All identification plates, discs, labels, type <strong>of</strong> service indicators, warning notices, circuit schedules,<br />
instruction charts and the like.<br />
d. Marking the position <strong>of</strong> all holes, mortises, chases, sinking and the like in both the structure and<br />
its coverings and for forming or cutting away same as required and for building in and all making<br />
good in connection therewith.<br />
e. Switchboards, switchgear, distribution boards, control gear, fittings, equipment and the like shall<br />
include for all fuses, MCBs, RCCBs, isolators, relays, contactors, instrumentation, indicators,<br />
interlocks, metering, cable entry boxes, gland plates earthing connection and the like and<br />
levelling.<br />
f. Bus way systems where applicable shall include fire barriers, bends, joints, end boxes, end<br />
covers, fuses, hangers, expansion joints and all other installation material.
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g. Cables shall include for all fixings as necessary, cable terminations and glands, joint boxes,<br />
earthing lugs, bus bar clamps and the like; for drawing cable into conduit or ducts, laying into<br />
trunking or trenches, or fixing to cable tray or the fabric <strong>of</strong> the building; for bonding to earthing<br />
points and the like; and for all identification labels, markers and tags as required. Installation <strong>of</strong><br />
under ground cables shall include cutting trenches, laying cables as required by regulations, filling<br />
with sand, supplying and laying protecting tiles, warning tapes and compacting.<br />
h. All PVC conduits shall be embedded, unless otherwise specified. Raceways and accessories<br />
shall be <strong>of</strong> galvanized steel and shall include bends, tees, covers, joints, brackets, hangers and all<br />
other required installation material.<br />
i. Conduiting, (rigid and flexible) cable trays, trunking, ladders and any other means <strong>of</strong> support<br />
and/or mechanical protection to cables, forming openings in trunking; for bushing materials, pin<br />
racks and fire barriers; for suspension sets; and for all fittings, accessories, boxes and the like.<br />
j. Lamp fittings shall include for all associated lamps, control gear ballasts, starters, capacitors,<br />
diffuses, suspension sets and fixings including boxes, conduit boxes, wooden blocks, moulded<br />
pattresses, break-joint rings, ceiling roses, connector blocks, compression glands, flexible cords,<br />
all wiring and the like as required.<br />
k. Lighting and small power (or socket outlet) wiring circuits shall include PVC insulated copper<br />
cables including earth cable <strong>of</strong> required cross section drawn in PVC or other conduits as per<br />
Specifications including junction boxes, ceiling boxes, wall boxes and electrical and other<br />
accessories.<br />
l. Accessories shall include all necessary back plates, boxes, screws, nuts and bolts, iron / G.I.<br />
brackets, rods, clips as per specification and all other necessary materials to complete the<br />
installation.<br />
m. Transporting <strong>of</strong> all electrical equipment shall include the use <strong>of</strong> cranes, folk lifts and all other<br />
methods <strong>of</strong> transport.<br />
n. Protective painting to plant, equipment, conduit and the like shall include for all preparatory work<br />
and painting with rust inhibitive or other protective paint or coating.<br />
o. Decorative painting to all exposed plant, equipment, conduit and the like shall include for all<br />
preparatory work, primers, undercoats and finishing coats <strong>of</strong> paint to approved colours.<br />
p. Preparing, making applications to statutory authorities and all follow up work and co-ordination to<br />
obtain permanent electrical connection to the building. Statutory payments made to authorities in<br />
this respect will be reimbursed to the contractor by the Client on submission <strong>of</strong> documentary pro<strong>of</strong><br />
<strong>of</strong> such payments.<br />
q. Coordination <strong>of</strong> work with other services / subcontractors.
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3.16 WATER SUPPLY, SEWERAGE AND DRAINAGE WORKS<br />
3.16.1 General<br />
The work comprises <strong>of</strong> labour and materials necessary to all appliances and fittings and joining<br />
them to the respective mains in a manner directed by the Engineer.<br />
The Contractor shall;<br />
a) Supply a certificate stating that each item supplied has been subjected to the tests laid down in the<br />
specifications and conforms to the specifications and regulations <strong>of</strong> all the statutory authorities, in all<br />
respects.<br />
b) Obtain approval and compliance from the Local (Municipal) and other Regulating Authorities before<br />
commencement <strong>of</strong> the installation, during and after completion <strong>of</strong> the installation.<br />
c) Comply with the relevant Sri Lankan, British, American or any other standard as given under the<br />
specifications and with the regulations <strong>of</strong> the Local Authorities.<br />
d) Ensure that all fittings and accessories indicated in the drawings and specifications include all pipe<br />
fittings and attachments, valves, gauges, switches, pumps and all such accessories as per the relevant<br />
standards for the proper functioning <strong>of</strong> the system and should not be limited to those given and<br />
indicated in the Plumbing Drawings.<br />
e) Supply and fix sanitary appliances as shown on drawings completed with suitable traps and other<br />
fixtures viz.: seat covers, cisterns, etc.<br />
f) Fix sanitary fixtures complete in position and connect to cisterns, taps, vents, waste and soil pipes.<br />
g) Ensure that accessories and fittings identified in this Bills <strong>of</strong> Quantities shall be from one manufacturer<br />
wherever possible, similar design range and matched. The fittings and specials shall also be suitable in<br />
all respects to the pipe line to which these fittings and specials are fixed.<br />
h) Prepare three sets <strong>of</strong> “as built drawings” and “preparation and maintenance manuals <strong>of</strong> equipment“ with<br />
two sets for the client and one set for the Engineer.<br />
i) The above items should all be accommodated in the quoted rates and no additional payments would be<br />
made for above<br />
3.16.2 Sanitary Fittings and Plumbing.<br />
The whole <strong>of</strong> the sanitary works shall be carried out by a licensed sanitary plumber according to the<br />
layout and as specified and as directed at site. It should be noted that the positions shown on plans<br />
are approximate. Exact positions would be indicated at site.
Development <strong>of</strong> Atchchuvali Industrial Estate,<br />
Jaffna, Sri Lanka.<br />
Page PP/32<br />
Pricing Preambles<br />
Rates for sanitary fittings shall include for:<br />
a) Fittings such as taps, waste water outlets, flushing cisterns, flush valves, internal overflows etc., the<br />
supporting brackets and incidental materials for fixing.<br />
b) Assembling, jointing together, fixing components and jointing to pipes inclusive <strong>of</strong> necessary couplings<br />
and for leaving perfectly clean undamaged and in perfect working order as on completion.<br />
c) Jointing and connecting pipes to sanitary fittings<br />
d) Testing and commissioning <strong>of</strong> installation<br />
e) Making good the work disturbed<br />
Rates for Drainage Work shall include for:<br />
a) Excavation, backfilling, planking and strutting, dewatering and disposal for surplus spoil<br />
b) Laying <strong>of</strong> pipe to falls and gradients and all jointing and other incidental materials<br />
c) All pipe specials such as bends, tees, junctions, elbows, etc.<br />
d) Connection to sides <strong>of</strong> manholes etc.<br />
e) Providing sleeves etc., when pipes pass through walls, foundations etc.<br />
f) Giving notices, obtaining permits, paying fees etc.<br />
g) Necessary scaffolding work including supply, erection and dismantling.<br />
h) Painting <strong>of</strong> all surfaces <strong>of</strong> exposed pipe work.<br />
i) Testing installation as specified in specifications, and/or to American, British or Sri Lankan standards<br />
3.16.3 Water Supply<br />
The Contractor is to pressure test pipes after fixing taps and stop cocks and fittings prior to<br />
concealing, under the supervision <strong>of</strong> the Engineer.<br />
The Contractor shall provide the Engineer with the manufacturers' certificates <strong>of</strong> the standards,<br />
quality <strong>of</strong> the materials before commencing the works.<br />
All Water Pumps should be mounted on inertia bases fitted with anti-vibration mountings. Flexible<br />
connections should be provided on connections between pump units and pipe work.<br />
Where pipes pass through walls or slabs these shall be wrapped with a layer <strong>of</strong> inert material. For<br />
pipes exceeding 50mm dia., sleeve pipes shall be used for the full thickness <strong>of</strong> the slab walls,<br />
beams, retaining walls through which the pipe passes.<br />
All taps, shower appliances, cocks and floor waste covers, used in the plumbing installation shall be<br />
chromium plated brass (CP brass) or stainless steel items unless otherwise stated.
Development <strong>of</strong> Atchchuvali Industrial Estate,<br />
Jaffna, Sri Lanka.<br />
Page PP/33<br />
Pricing Preambles<br />
Rates for Water Supply Plumbing Work shall include for:<br />
a) Cutting and waste <strong>of</strong> pipes etc., and jointing <strong>of</strong> pipes<br />
b) All specials such as elbows, bends, tees, junctions, plugs, reducers and similar pipe fittings except for<br />
valves which would be measured separately (Separate rates should be indicated for valves inclusive <strong>of</strong><br />
the associated pipe fittings)<br />
c) Connecting pipes to sanitary fixtures and appliances<br />
d) Chasing to brick or concrete walls, columns, beams etc., and necessary racks, hangers and clips, for<br />
fixing to s<strong>of</strong>fits etc., and making good all works disturbed<br />
e) Necessary screws, nails, sockets, connection back nuts, standard pipe fixing or supporting clips,<br />
saddles, brackets, racks, straps etc.<br />
f) Necessary scaffolding work including supply, erection and dismantling.<br />
g) Painting <strong>of</strong> all surfaces <strong>of</strong> exposed pipe work.<br />
h) Connecting different types <strong>of</strong> pipes<br />
i) Testing and disinfecting after completion<br />
j) Preparing and making applications and giving notices to the relevant authorities to obtain service<br />
connections to the building inclusive <strong>of</strong> any statutory payments to relevant statutory authorities<br />
All Cold Water Piping shall be provided with flexible connections in pipe work and provided with the required<br />
pipe supports and anchoring as per the manufacturer’s specifications.<br />
Pipework – Other than Building Plumbing Work<br />
A<br />
Pipe Laying<br />
1 Pipe laying shall cover all things necessary to provide, install, lay and test the complete pipeline<br />
without limitation including storing, transporting, handling, site clearance, excavation (other than<br />
rock excavation), dewatering, granular bedding, concrete barriers, selected fill material, laying,<br />
cutting and forming short lengths <strong>of</strong> pipe, jointing, welding when approved, installation <strong>of</strong><br />
polyethylene sleeve for DI pipelines, where it is needed in case <strong>of</strong> aggressive soil conditions,<br />
incorporation <strong>of</strong> all required pipe specials, couplings and fittings, special pipe and fitting protection<br />
(flange adapters, flanged joints, ferrules, saddle straps, nuts, bolts and washers), provision<br />
and installation <strong>of</strong> detectable marker tape, painting where specified, connections to existing<br />
mains, backfilling, compacting and testing there<strong>of</strong>, removal and proper disposal <strong>of</strong> surplus<br />
excavated material, temporary and permanent support blocks to pipes, temporary and permanent<br />
reinstatement (permanent reinstatement in roads is paid for separately as specified) and all other<br />
things necessary for pipeline installation and commissioning not measured separately under other
Development <strong>of</strong> Atchchuvali Industrial Estate,<br />
Jaffna, Sri Lanka.<br />
Page PP/34<br />
Pricing Preambles<br />
items provided in the Bill <strong>of</strong> Quantities.<br />
2 Payment will be by depth band from ground level to invert level <strong>of</strong> pipe. The depth <strong>of</strong> pipelines<br />
shall be the average depth to invert calculated as the arithmetic mean <strong>of</strong> measurement <strong>of</strong> depth<br />
from original ground level to the invert level <strong>of</strong> the pipe taken at every 10m and at change <strong>of</strong><br />
direction. For lengths <strong>of</strong> pipelines less than 10m long the measurement <strong>of</strong> depth shall be the<br />
average depth from original ground level to the invert level <strong>of</strong> the pipe measured at each end <strong>of</strong><br />
the pipeline.<br />
3 The quantities for laying <strong>of</strong> pipes shall be measured by length <strong>of</strong> pipe, for each material, class<br />
and size, along its centre line measured from the first joint outside <strong>of</strong> a structure by using steel<br />
tape or laser measuring equipment to the joint nearest to the outside <strong>of</strong> the next structure. No<br />
deduction will be made for pipes or fittings in thrust blocks and for valves and fittings buried<br />
directly in the ground. Such fittings and valves will be measured extra over the pipeline cost. The<br />
cost shall include (where required) extended spindles, key heads, surface box assembly with<br />
protection pipes and all fixings and painting as required and as depicted on the Drawings or<br />
specified in the Specification.<br />
4 Concrete for thrust blocks shall be measured in cubic metres and shall include for all work<br />
necessary to complete the block, including excavation and backfilling, blinding, formwork,<br />
reinforcement, etc.<br />
5 Pipework, valves and fittings inside structures, from the outside joint nearest to the structure will<br />
be included in the cost <strong>of</strong> the internal pipework for the structure, or as otherwise specified.<br />
6 Pipeline structures including pipe bridges, valve chambers, air valve chambers, washout<br />
chambers, sumps, manholes and the like shall be measured by number and shall include for all<br />
work necessary to complete the structure, excluding piling, but including excavation and<br />
backfilling, blinding, formwork, concrete, blockwork, reinforcement, rendering, waterpro<strong>of</strong>ing,<br />
structural steelwork, metalwork including ladders or step irons, protective coatings, etc. and all<br />
connecting pipes, valves, fittings, surface boxes, covers, including all necessary supports,<br />
hangers, clamps and for all building in <strong>of</strong> the pipes.<br />
7 Crossings <strong>of</strong> watercourses and culverts, except where detailed as a pipe bridge, shall not be<br />
measured separately and the specified requirements including trench cut-<strong>of</strong>f walls, riprap and<br />
concrete surround, shall be included in the appropriate rate for the pipeline section.<br />
8 Concrete surround <strong>of</strong> the pipework and fittings shall be measured extra over by linear metre along<br />
the length <strong>of</strong> the pipeline<br />
9 Geotextile surround to granular bedding, if necessary, shall be measured extra over by linear<br />
metre along the length <strong>of</strong> the pipeline.
Development <strong>of</strong> Atchchuvali Industrial Estate,<br />
Jaffna, Sri Lanka.<br />
Page PP/35<br />
Pricing Preambles<br />
10 No separate valuation shall be made in respect <strong>of</strong> concrete barriers; interconnecting pipework;<br />
detectable / Polythene marker tape; polyethylene sleeving; survey <strong>of</strong> all underground utilities and<br />
trial holes. The Contractor's costs for meeting his obligations under the Contract with respect to<br />
these items shall be deemed to be included in the rates for pipe laying.<br />
B<br />
Connection to Existing Pipelines- In addition to other requirements <strong>of</strong> this preamble, rates for<br />
connecting to, or capping <strong>of</strong>f, existing pipework shall include but not by way <strong>of</strong> limitation for: coordinating<br />
the work with the NWSDB; any work necessary outside normal working hours or days;<br />
ascertaining the precise outside diameters <strong>of</strong> existing pipes prior to placing orders for couplings<br />
etc; arranging for the location, isolating and drainage <strong>of</strong> the existing main; re-commissioning.<br />
C<br />
Pressure Testing, Disinfection and Cleaning Lump sum items for pressure testing and disinfection<br />
and cleaning shall cover costs <strong>of</strong>, but not be limited to, all materials including water, labour,<br />
tools and equipment and incidentals necessary to complete the required work for the pipelines<br />
and all associated fittings and chambers, disconnecting and reconnecting any pipes and<br />
specials, any excavation and backfilling involved. The amount for these items will only become<br />
payable when the Engineer approves the successful test results.<br />
D<br />
Permanent Reinstatement in Roads to be carried out by relevant road authorities. The costs<br />
agreed by the Engineer with the roads authority will be paid by the Contractor to the authority<br />
and the Contractor will be reimbursed the estimated cost from Provisional Sums included in the<br />
Bills <strong>of</strong> Quantities.<br />
1 The estimated costs are based on the maximum trench widths specified, and the type <strong>of</strong><br />
road surface to be repaired. Upon completion <strong>of</strong> the work the reinstatement cost will be<br />
recalculated by the authority following joint re-measurement. Any excess expenditure due<br />
to exceeding the maximum pipeline trench widths or due to consequential damage to the<br />
road surface arising from the Contractor’s work in the roads shall be borne by the<br />
Contractor.<br />
2 For reimbursement <strong>of</strong> actual amounts due, the Contractor shall produce all measurement<br />
certificates and payment receipts from the authority.<br />
3 Permanent Reinstatement <strong>of</strong> roads to be carried by the contractor, the cost will be paid<br />
as per the relevant item in the BOQ and according to 2.4 D1 and D2 above<br />
Fill<br />
Fill shall be measured as the net volume, above ground level, <strong>of</strong> the permanent earthwork to the<br />
dimensions shown on the Drawings or directed by the Engineer, irrespective <strong>of</strong> source <strong>of</strong> material. The<br />
rate shall include for, but not be limited to, selection, handling, placing, and compaction <strong>of</strong> excavated or<br />
imported material.
INVITATION TO BID<br />
Schedules<br />
Operational excellence for results that matter<br />
Operational excellence for results that matter<br />
Operational excellence for results that matter<br />
RETURNABLE BID SCHEDULE 5<br />
BIDDER PRELIMINARY PROGRAMME<br />
ITB Case No.: _____________________________________________________________<br />
Name <strong>of</strong> bidder: ___________________________________________________________<br />
Date: ____________________________________________________________________<br />
Signature: ________________________________________________________________<br />
Note to bidders: Bidders shall submit a preliminary programme for the executions <strong>of</strong> the<br />
works.<br />
Bidders are required to make their own detailed assessment <strong>of</strong> the time, work methods and<br />
activities that shall be required for the successful and timely completion <strong>of</strong> the works, and<br />
shall submit their bid on the basis <strong>of</strong> an assurance that the works can be completed by the<br />
Time for Completion and the Milestone Dates identified in the Contract.<br />
The preliminary programme shall be prepared in sufficient detail to enable UNOPS to<br />
adequately evaluate the planned execution, staging and allocation <strong>of</strong> resources for the<br />
works.<br />
The preliminary programme shall show the dates when the Milestones identified in the<br />
Contract shall be achieved. It shall also include and/or be accompanied by:<br />
(i)<br />
(ii)<br />
a programme narrative that describes the mechanisms and assumptions<br />
made in preparing the programme; and<br />
a critical path analysis for the execution <strong>of</strong> the works which shall clearly show<br />
the float times available within the programme and the earliest start/earliest<br />
finish and latest start/latest finish times for each and every activity.<br />
If a bidder is selected as the preferred bidder, it shall be required to further develop and<br />
complete this programme in accordance with the contract for works.<br />
© UNOPS 2011<br />
33
INVITATION TO BID<br />
Schedules<br />
Operational excellence for results that matter<br />
Operational excellence for results that matter<br />
Operational excellence for results that matter<br />
RETURNABLE BID SCHEDULE 6<br />
PROPOSED PROJECT TEAM AND ORGANIZATIONAL STRUCTURE<br />
ITB Case No.:______________________________________________________________<br />
Name <strong>of</strong> bidder: ____________________________________________________________<br />
Date: ____________________________________________________________________<br />
Signature: ________________________________________________________________<br />
Note to bidders: Bidders shall set out below:<br />
1. the minimum requirement <strong>of</strong> key personnel for the execution <strong>of</strong> the works is as<br />
follows.<br />
One number <strong>of</strong> Project Manager BSc (or equivalent) in Engineering (civil or<br />
relevant specialisation) with three years <strong>of</strong> experience in similar works.<br />
Two numbers <strong>of</strong> Technical Officers (Technical Diploma in (Civil or relevant<br />
specialisation) Engineering with three years <strong>of</strong> experience in similar works.<br />
One number <strong>of</strong> Quality Assurance Officer with three years <strong>of</strong> experience in<br />
similar works.<br />
2. the key personnel that the bidder proposes to assign to the execution <strong>of</strong> the works;<br />
3. the qualifications and relevant experience <strong>of</strong> each <strong>of</strong> the key personnel that the bidder<br />
proposes to assign to the execution <strong>of</strong> the works, including a CV/resume for each<br />
<strong>of</strong> the key personnel;<br />
4. the proposed organisational structure for carrying out the works. Bidders are to attach<br />
a chart indicating the bidder's organisation structure; and<br />
the bidder’s representatives who are authorized to sign Contract. The bidder shall<br />
provide a copy <strong>of</strong> such authorization<br />
Key Personnel<br />
No. Position Description Name Years Exp<br />
1 [Insert Description] [Insert Name] [Insert No.]<br />
2 [Insert Description] [Insert Name] [Insert No.]<br />
3 [Insert Description] [Insert Name] [Insert No.]<br />
4 [Insert Description] [Insert Name] [Insert No.]<br />
5 [Insert Description] [Insert Name] [Insert No.]<br />
6 [Insert Description] [Insert Name] [Insert No.]<br />
7 [Insert Description] [Insert Name] [Insert No.]<br />
8 [Insert Description] [Insert Name] [Insert No.]<br />
Contractor's Representative as per the Contract:<br />
No. Position Description Name Years Exp<br />
1 Contractors Representative [Insert Name] [Insert No.]<br />
© UNOPS 2011<br />
34
INVITATION TO BID<br />
Schedules<br />
Operational excellence for results that matter<br />
Operational excellence for results that matter<br />
Operational excellence for results that matter<br />
RETURNABLE BID SCHEDULE 7<br />
CAPACITY, EXPERIENCE, WORK IN HAND AND WORK COMPLETED<br />
ITB Case No.: _____________________________________________________________<br />
Name <strong>of</strong> bidder: ____________________________________________________________<br />
Date: ____________________________________________________________________<br />
Signature: _________________________________________________________________<br />
1. Similar Projects during the last 5 years:<br />
[List names, locations and value]<br />
Note: Each project listed shall be supported by certification from the respective Client for<br />
satisfactory completion <strong>of</strong> the services. Experience without client certificate will not be<br />
accepted.<br />
2. All projects during the last 3 years:<br />
[List names, locations and value]<br />
3. All current projects underway or committed to start:<br />
[List names, locations and value]<br />
4. Assets<br />
[List information regarding relevant facilities, fixed and/or mobile plants and<br />
equipments that would be used on this project. If such facilities, fixed and/or<br />
mobile plants and equipments are not owned by the bidder, please include<br />
information on how facilities, fixed and/or mobile plants and equipments will<br />
be hired or leased.]<br />
Essential assets subject to evaluation<br />
Description <strong>of</strong> Equipments<br />
Quantity<br />
Excavator/Backhoe loader 1<br />
Poker Vibrator 1"-11/2" 3<br />
Concrete Mixer (1 bag capacity) 2<br />
Survey equipment (Levelling<br />
instrument)<br />
Generator 2<br />
Dump truck 1<br />
Tractor with trailer 1<br />
1<br />
© UNOPS 2011<br />
35
INVITATION TO BID<br />
Schedules<br />
Operational excellence for results that matter<br />
Operational excellence for results that matter<br />
Operational excellence for results that matter<br />
RETURNABLE BID SCHEDULE 8<br />
OUTLINE STATEMENT OF PROPOSED METHODS<br />
ITB Case No.:______________________________________________________________<br />
Name <strong>of</strong> bidder: ____________________________________________________________<br />
Date: ____________________________________________________________________<br />
Signature: ________________________________________________________________<br />
Note to Bidders: Bidder shall provide a detailed method statement setting out:<br />
(i)<br />
(ii)<br />
(iii)<br />
(iv)<br />
how it proposes to stage and construct the works;<br />
a description <strong>of</strong> how the bidder proposes to obtain all requisite NOC’s (no objection<br />
certificates) from the relevant authorities prior to commencement <strong>of</strong> the works onsite;<br />
a statement describing its methodology for coordinating with the authorities and<br />
complying with respective timescales for advance notification to enable works to<br />
commence on the project site in accordance with the programme to be submitted by<br />
the bidder with Returnable Bid Schedule 5; and<br />
how it proposes to implement traffic management.<br />
© UNOPS 2011<br />
36
INVITATION TO BID<br />
Schedules<br />
Operational excellence for results that matter<br />
Operational excellence for results that matter<br />
Operational excellence for results that matter<br />
Director & Representative<br />
United Nations Office for Project Services<br />
Sri Lanka Operations Centre<br />
UNOPS-LKOC<br />
118/5, Nawala Road<br />
<strong>Colombo</strong> 05<br />
Sri Lanka<br />
Dear Sir/Madam,<br />
RETURNABLE BID SCHEDULE 9<br />
DECLARATION<br />
Subject: Construction <strong>of</strong> Sewer Disposal System and External Works for Atchchuvali<br />
Industrial Estate Development Project – Phase I in Jaffna District, Sri Lanka Funded<br />
by the Government <strong>of</strong> <strong>India</strong><br />
ITB Case No: LKOC / CMB / GIU / 80484 / 12 – 005<br />
I, [insert name and title], [insert title], do solemnly and sincerely declare that:<br />
1. I am duly authorised by [Insert name <strong>of</strong> bidder] (the Bidder) to make this declaration<br />
on its behalf.<br />
2. I make this declaration on behalf <strong>of</strong> the Bidder.<br />
3. Before the Bidder submitted its bid, neither the Bidder, nor any <strong>of</strong> its employees or<br />
agents, had knowledge <strong>of</strong> the bid price proposed by any other bidder who submitted,<br />
or <strong>of</strong> any person, company, other body corporate or firm that proposed to submit, a<br />
bid in response to this ITB.<br />
4. Before the closing date <strong>of</strong> this bid process, neither the Bidder, nor any <strong>of</strong> its<br />
employees or agents, disclosed the Bidder’s bid price to:<br />
(i)<br />
(ii)<br />
any other bidder who submitted a bid in response to this ITB;<br />
any person, company, other body corporate or firm proposing to submit a bid<br />
in response to this ITB.<br />
5. Neither the Bidder, nor any <strong>of</strong> its employees or agents, has provided information to:<br />
(i)<br />
(ii)<br />
(iii)<br />
any other bidder who has submitted a bid in response to this ITB;<br />
any person, company, other body corporate or firm proposing to submit a bid<br />
in response to this ITB; or<br />
any other person, company, body corporate or firm for the purpose <strong>of</strong><br />
assisting in the preparation <strong>of</strong> a bid in response to this ITB.<br />
6. The Bidder is genuinely competing for the Contract.<br />
7. Neither the Bidder, nor any <strong>of</strong> its employees or agents, has entered into any contract,<br />
agreement, arrangement or understanding, other than as disclosed to UNOPS in the<br />
bid, that the successful bidder for the Contract shall pay any money to, or provide<br />
© UNOPS 2011<br />
37
INVITATION TO BID<br />
Schedules<br />
Operational excellence for results that matter<br />
Operational excellence for results that matter<br />
Operational excellence for results that matter<br />
any other benefit or other financial advantage to, an industry association in respect <strong>of</strong><br />
the Contract.<br />
8. Neither the Bidder, nor any <strong>of</strong> its employees or agents, has entered into any contract,<br />
agreement, arrangement or understanding that the successful bidder for the Contract<br />
shall pay any money to, or provide any other benefit or other financial advantage to,<br />
any other bidder who unsuccessfully tendered for the Contract.<br />
9. Neither the Bidder, nor any <strong>of</strong> its employees or agents, has entered into any contract,<br />
agreement, arrangement or understanding that bidders for the Contract would<br />
include an identical or similar condition or qualification in their bids.<br />
I acknowledge that this declaration is true and correct, and I make it in the belief that a<br />
person making a false declaration is liable to penalties.<br />
DECLARED at [insert place] on [insert date] before me:<br />
_______________________________________________________________________<br />
Signature <strong>of</strong> authorised witness<br />
_______________________________________________________________________<br />
Name <strong>of</strong> authorised witness<br />
(capital letters)<br />
_________________________________________________________________________<br />
Address <strong>of</strong> authorised witness<br />
________________________________________________________________________<br />
Witness’ Occupation<br />
_________________________________________________________________________<br />
Signature <strong>of</strong> declarant<br />
© UNOPS 2011<br />
38
INVITATION TO BID<br />
Schedules<br />
Operational excellence for results that matter<br />
Operational excellence for results that matter<br />
Operational excellence for results that matter<br />
RETURNABLE BID SCHEDULE 10<br />
DISPUTE DETAILS<br />
ITB Case No.:______________________________________________________________<br />
Name <strong>of</strong> bidder: ____________________________________________________________<br />
Date: ____________________________________________________________________<br />
Signature: _________________________________________________________________<br />
Note to Bidders: Bidders shall submit a statement below providing details <strong>of</strong> any current<br />
contract dispute and/or arbitral or legal proceeding involving the bidder. The statement shall<br />
include details <strong>of</strong> any dispute which has been, or is reasonably likely to be, referred to formal<br />
dispute proceedings (e.g. mediation or arbitration) or is the subject <strong>of</strong> litigation in any court<br />
locally or overseas. This information shall be provided regardless <strong>of</strong> whether such action<br />
has been instigated by the bidder against a client or a client <strong>of</strong> the bidder against the bidder.<br />
© UNOPS 2011<br />
39
INVITATION TO BID<br />
Schedules<br />
Operational excellence for results that matter<br />
Operational excellence for results that matter<br />
Operational excellence for results that matter<br />
RETURNABLE BID SCHEDULE 11<br />
ADDENDA TO ITB<br />
ITB Case No.:______________________________________________________________<br />
Name <strong>of</strong> bidder: ____________________________________________________________<br />
Date: ____________________________________________________________________<br />
Signature: _________________________________________________________________<br />
We acknowledge receipt <strong>of</strong> the following Addenda, which have been taken into account in<br />
preparing the bid:<br />
Addendum Number<br />
Dated<br />
© UNOPS 2011<br />
40
INVITATION TO BID<br />
Schedules<br />
Operational excellence for results that matter<br />
Operational excellence for results that matter<br />
Operational excellence for results that matter<br />
SECTION V: UNOPS MEASURED PRICE CONSTRUCTION CONTRACT<br />
© UNOPS 2011<br />
41
DEVELOPMENT OF ATCHCHUVALI INDUSTRIAL ESTATE – PHASE 1<br />
IN JAFFNA DISTRICT, SRI LANKA<br />
Funded by the Government <strong>of</strong> <strong>India</strong><br />
[Atlas Project Number 00080484]<br />
Project No.: SL35P1-0100<br />
Construction <strong>of</strong> Sewer Disposal System and External Works for Atchchuvali Industrial<br />
Estate Development Project in Jaffna District, Sri Lanka<br />
Sub Project No.: SL35P1-0104<br />
(1) <strong>High</strong> <strong>Commission</strong> <strong>of</strong> <strong>India</strong> (“HCI”) in Sri Lanka - and -<br />
(2) [insert the Contractor's name]<br />
Invitation to Bid<br />
Measured Price Construction Contract<br />
Project No.: SL35P1-0100<br />
[insert month] 2012
MEASURED PRICE CONSTRUCTION CONTRACT<br />
Operational excellence for results that matter<br />
© UNOPS, 2011. All rights reserved.<br />
The Copyright owner <strong>of</strong> this work is UNOPS.<br />
This publication is exclusive for use as provided under the Licence Agreement between<br />
UNOPS and FIDIC, and, consequently, no part <strong>of</strong> this publication may be reproduced,<br />
translated, adapted, stored in a retrieval system or communicated, in any form or by any<br />
means, whether mechanical, electronic, magnetic, photocopying, recording or otherwise,<br />
without prior permission in writing from UNOPS.<br />
To request such permission, please contact:<br />
UNOPS Infrastructure Practice<br />
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FIDIC is not responsible for the accuracy or completeness <strong>of</strong> translations <strong>of</strong> this publication<br />
unless such translation explicitly indicates otherwise.<br />
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CONTENTS<br />
INSTRUMENT OF AGREEMENT .............................. ERROR! BOOKMARK NOT DEFINED.<br />
GENERAL CONDITIONS ....................................................................................................... 3<br />
1. GENERAL PROVISIONS ........................................................................................... 3<br />
1.1 Definitions ................................................................................................................... 3<br />
1.2 Interpretation ............................................................................................................. 12<br />
1.3 Communications ....................................................................................................... 13<br />
1.4 Language .................................................................................................................. 14<br />
1.5 Priority <strong>of</strong> <strong>Document</strong>s ................................................................................................ 14<br />
1.6 Not Used ................................................................................................................... 15<br />
1.7 Assignment ............................................................................................................... 15<br />
1.8 Care and Supply <strong>of</strong> <strong>Document</strong>s ................................................................................ 15<br />
1.9 Delayed Drawings or Instructions ............................................................................. 16<br />
1.10 Ownership and licence <strong>of</strong> Intellectual Property Rights .............................................. 17<br />
1.11 Moral Rights .............................................................................................................. 18<br />
1.12 Confidential Details ................................................................................................... 18<br />
1.13 Compliance with Laws .............................................................................................. 19<br />
1.14 Joint and Several Liability ......................................................................................... 20<br />
1.15 Sections .................................................................................................................... 20<br />
1.16 Warranties as to capacity .......................................................................................... 22<br />
1.17 Registered or Licensed ............................................................................................. 22<br />
1.18 Prior Work ................................................................................................................. 22<br />
1.19 Entire Agreement ...................................................................................................... 23<br />
1.20 Severability ................................................................................................................ 23<br />
1.21 Counterparts ............................................................................................................. 23<br />
1.22 Independent Contractor ............................................................................................ 23<br />
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1.23 Privity ........................................................................................................................ 23<br />
1.24 Waiver ....................................................................................................................... 23<br />
1.25 Publicity and Use <strong>of</strong> the Name, Emblem or <strong>of</strong>ficial Seal <strong>of</strong> the Employer and the<br />
United Nations ........................................................................................................... 24<br />
2. THE EMPLOYER ...................................................................................................... 24<br />
2.1 Right <strong>of</strong> Access to the Site ........................................................................................ 24<br />
2.2 Permits, Licences or Approvals ................................................................................. 25<br />
2.3 Employer's Personnel ............................................................................................... 25<br />
3. THE EMPLOYER'S ADMINISTRATION .................................................................. 26<br />
3.1 The Employer's Representative ................................................................................ 26<br />
3.2 Employer's Representative's Assistant and Employer's Representative's<br />
Consultant ................................................................................................................. 26<br />
3.3 Instructions ................................................................................................................ 27<br />
3.4 Not Used ................................................................................................................... 27<br />
3.5 Determinations .......................................................................................................... 27<br />
4. THE CONTRACTOR ................................................................................................ 28<br />
4.1 Contractor's General Obligations .............................................................................. 28<br />
4.2 Bank Guarantee for Performance ............................................................................. 31<br />
4.3 Contractor's Representative ...................................................................................... 32<br />
4.4 Subcontractors .......................................................................................................... 33<br />
4.5 Not Used ................................................................................................................... 35<br />
4.6 Co-operation ............................................................................................................. 35<br />
4.7 Setting Out ................................................................................................................ 36<br />
4.8 Safety Procedures ..................................................................................................... 37<br />
4.9 Quality Control .......................................................................................................... 38<br />
4.10 Site Data ................................................................................................................... 38<br />
4.11 Sufficiency <strong>of</strong> the Accepted Contract Amount ........................................................... 38<br />
4.12 Unforeseeable Physical Conditions .......................................................................... 39<br />
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4.13 Rights <strong>of</strong> Way and Facilities ...................................................................................... 41<br />
4.14 Avoidance <strong>of</strong> Interference ......................................................................................... 41<br />
4.15 Access Route ............................................................................................................ 42<br />
4.16 Transport <strong>of</strong> Goods ................................................................................................... 42<br />
4.17 Contractor's Equipment ............................................................................................. 43<br />
4.18 Protection <strong>of</strong> the Environment ................................................................................... 43<br />
4.19 Electricity, Water and Gas ......................................................................................... 44<br />
4.20 Employer's Equipment and Free-Issue Material ....................................................... 44<br />
4.21 Progress Reports ...................................................................................................... 45<br />
4.22 Security <strong>of</strong> the Site .................................................................................................... 46<br />
4.23 Contractor's Operations on Site ................................................................................ 46<br />
4.24 Fossils ....................................................................................................................... 47<br />
4.25 Assignment and Novation <strong>of</strong> Manufacturer's Warranties .......................................... 48<br />
4.26 Auxiliary Works ......................................................................................................... 48<br />
4.27 Mines ......................................................................................................................... 49<br />
4.28 Official-Not-To-Benefit, Corruption and Fraud .......................................................... 49<br />
4.29 Unexploded Ordinances ............................................................................................ 50<br />
4.30 Blasting ..................................................................................................................... 50<br />
5. NOMINATED SUBCONTRACTORS ........................................................................ 50<br />
5.1 Definition <strong>of</strong> Nominated Subcontractor ..................................................................... 50<br />
5.2 Objection to Nomination ............................................................................................ 51<br />
5.3 Payments to Nominated Subcontractors ................................................................... 51<br />
5.4 Evidence <strong>of</strong> Payments .............................................................................................. 52<br />
6. STAFF AND LABOUR ............................................................................................. 52<br />
6.1 Engagement <strong>of</strong> Staff and Labour .............................................................................. 52<br />
6.2 Rates <strong>of</strong> Wages and Conditions <strong>of</strong> Labour ............................................................... 52<br />
6.3 Persons in the Service <strong>of</strong> Employer .......................................................................... 53<br />
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6.4 Labour Laws .............................................................................................................. 53<br />
6.5 Working Hours .......................................................................................................... 53<br />
6.6 Facilities for Staff and Labour ................................................................................... 54<br />
6.7 Health and Safety ...................................................................................................... 54<br />
6.8 Contractor's Superintendence ................................................................................... 55<br />
6.9 Contractor's Personnel .............................................................................................. 55<br />
6.10 Records <strong>of</strong> Contractor's Personnel and Equipment .................................................. 56<br />
6.11 Disorderly Conduct .................................................................................................... 56<br />
6.12 Supply <strong>of</strong> Water ......................................................................................................... 56<br />
6.13 Alcoholic Liquor or Drugs .......................................................................................... 57<br />
6.14 Arms, Ammunition and Explosives ............................................................................ 57<br />
6.15 Festivals and Religious Customs .............................................................................. 57<br />
6.16 Epidemics .................................................................................................................. 57<br />
6.17 Fundamental Principles and Rights at Work: ............................................................ 57<br />
6.18 Child Labour .............................................................................................................. 58<br />
6.19 Sexual Exploitation .................................................................................................... 58<br />
7. PLANT, MATERIALS AND WORKMANSHIP .......................................................... 58<br />
7.1 Manner <strong>of</strong> Execution ................................................................................................. 58<br />
7.2 Samples .................................................................................................................... 59<br />
7.3 Inspection .................................................................................................................. 60<br />
7.4 Testing ...................................................................................................................... 60<br />
7.5 Rejection ................................................................................................................... 62<br />
7.6 Remedial Work .......................................................................................................... 63<br />
7.7 Ownership <strong>of</strong> Plant and Materials ............................................................................. 64<br />
7.8 Royalties ................................................................................................................... 64<br />
7.9 Security Interest ........................................................................................................ 64<br />
8. COMMENCEMENT, DELAYS AND SUSPENSION ................................................. 65<br />
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8.1 Commencement <strong>of</strong> Work .......................................................................................... 65<br />
8.2 Time for Completion .................................................................................................. 65<br />
8.3 Contract Programme ................................................................................................. 66<br />
8.4 Extension <strong>of</strong> Time for Completion ............................................................................. 67<br />
8.5 Delays Caused by Authorities ................................................................................... 68<br />
8.6 Rate <strong>of</strong> Progress ....................................................................................................... 69<br />
8.7 Delay Damages ......................................................................................................... 70<br />
8.8 Suspension <strong>of</strong> Work .................................................................................................. 71<br />
8.9 Consequences <strong>of</strong> Suspension .................................................................................. 71<br />
8.10 Payment for Plant and Materials in Event <strong>of</strong> Suspension ......................................... 72<br />
8.11 Prolonged Suspension .............................................................................................. 72<br />
8.12 Resumption <strong>of</strong> Work .................................................................................................. 72<br />
9. TESTS ON COMPLETION ....................................................................................... 73<br />
9.1 Contractor's Obligations ............................................................................................ 73<br />
9.2 Delayed Tests ........................................................................................................... 73<br />
9.3 Retesting ................................................................................................................... 74<br />
9.4 Failure to Pass Tests on Completion ........................................................................ 74<br />
10. EMPLOYER'S TAKING OVER ................................................................................. 74<br />
10.1 Taking Over <strong>of</strong> the Works and Sections .................................................................... 74<br />
10.2 Taking Over <strong>of</strong> Parts <strong>of</strong> the Works ............................................................................ 75<br />
10.3 Interference with Tests on Completion ...................................................................... 77<br />
10.4 Surfaces Requiring Reinstatement ........................................................................... 78<br />
11. DEFECTS LIABILITY ............................................................................................... 78<br />
11.1 Completion <strong>of</strong> Outstanding Work and Remedying Defects ....................................... 78<br />
11.2 Cost <strong>of</strong> Remedying Defects ...................................................................................... 78<br />
11.3 Extension <strong>of</strong> Defects Notification Period ................................................................... 79<br />
11.4 Failure to Remedy Defects ........................................................................................ 79<br />
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11.5 Removal <strong>of</strong> Defective Work ....................................................................................... 80<br />
11.6 Further Tests ............................................................................................................. 80<br />
11.7 Right <strong>of</strong> Access ......................................................................................................... 80<br />
11.8 Contractor to Search ................................................................................................. 80<br />
11.9 Final Completion Certificate ...................................................................................... 81<br />
11.10 Unfulfilled Obligations ............................................................................................... 81<br />
11.11 Clearance <strong>of</strong> Site ....................................................................................................... 82<br />
12. MEASUREMENT AND EVALUATION ..................................................................... 82<br />
12.1 Works to be Measured .............................................................................................. 82<br />
12.2 Method <strong>of</strong> Measurement ........................................................................................... 83<br />
12.3 Evaluation ................................................................................................................. 83<br />
12.4 Omissions ................................................................................................................. 84<br />
13. VARIATIONS AND ADJUSTMENTS ....................................................................... 84<br />
13.1 Right to Vary ............................................................................................................. 84<br />
13.2 Value Engineering ..................................................................................................... 86<br />
13.3 Variation Procedure .................................................................................................. 87<br />
13.4 Payment in Applicable Currencies ............................................................................ 88<br />
13.5 Provisional Sums ...................................................................................................... 88<br />
13.6 Daywork .................................................................................................................... 88<br />
13.7 Adjustments for Changes in Law .............................................................................. 89<br />
13.8 Adjustments for Changes in Cost .............................................................................. 89<br />
14. CONTRACT PRICE AND PAYMENT ....................................................................... 90<br />
14.1 The Contract Price .................................................................................................... 90<br />
14.2 Advance Payment ..................................................................................................... 90<br />
14.3 Application for Interim Payment Certificates ............................................................. 91<br />
14.4 Instalment Payment Estimates .................................................................................. 92<br />
14.5 Plant and Materials intended for the Works .............................................................. 93<br />
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14.6 Issue <strong>of</strong> Interim Payment Certificates ....................................................................... 94<br />
14.7 Payment .................................................................................................................... 95<br />
14.8 Not Used ................................................................................................................... 96<br />
14.9 Payment <strong>of</strong> Retention Money .................................................................................... 96<br />
14.10 Statement at Taken Over .......................................................................................... 97<br />
14.11 Application for Final Payment Certificate .................................................................. 97<br />
14.12 Discharge .................................................................................................................. 98<br />
14.13 Issue <strong>of</strong> Final Payment Certificate ............................................................................ 98<br />
14.14 Cessation <strong>of</strong> Employer's Liability ............................................................................... 99<br />
14.15 Currencies <strong>of</strong> Payment .............................................................................................. 99<br />
14.16 Set Off ..................................................................................................................... 100<br />
14.17 Audit and Investigations .......................................................................................... 100<br />
15. TERMINATION BY EMPLOYER ............................................................................ 101<br />
15.1 Notice to Correct ..................................................................................................... 101<br />
15.2 Termination by Employer ........................................................................................ 101<br />
15.3 Valuation at Date <strong>of</strong> Termination ............................................................................. 102<br />
15.4 Payment after Termination ...................................................................................... 103<br />
15.5 Employer's Entitlement to Termination for Convenience ........................................ 103<br />
16. SUSPENSION AND TERMINATION BY CONTRACTOR ..................................... 103<br />
16.1 Contractor's Entitlement to Suspend Work ............................................................. 103<br />
16.2 Termination by Contractor ....................................................................................... 104<br />
16.3 Cessation <strong>of</strong> Work and Removal <strong>of</strong> Contractor's Equipment .................................. 104<br />
16.4 Payment on Termination ......................................................................................... 105<br />
17. RISK AND RESPONSIBILITY ................................................................................ 105<br />
17.1 Indemnities .............................................................................................................. 105<br />
17.2 Contractor's Care <strong>of</strong> the Works ............................................................................... 106<br />
17.3 Employer's Risks ..................................................................................................... 107<br />
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17.4 Consequences <strong>of</strong> Employer's Risks ........................................................................ 107<br />
17.5 Intellectual and Industrial Property Rights ............................................................... 108<br />
17.6 Limitation <strong>of</strong> Liability ................................................................................................ 109<br />
17.7 Warranties relating to the Works ............................................................................. 110<br />
18. INSURANCE ........................................................................................................... 111<br />
18.1 General Requirements for Insurances .................................................................... 111<br />
19. FORCE MAJEURE ................................................................................................. 114<br />
19.1 Definition <strong>of</strong> Force Majeure ..................................................................................... 114<br />
19.2 Notice <strong>of</strong> Force Majeure .......................................................................................... 115<br />
19.3 Duty to Minimise Delay ........................................................................................... 116<br />
19.4 Consequences <strong>of</strong> Force Majeure ............................................................................ 116<br />
19.5 Force Majeure Affecting Subcontractor ................................................................... 116<br />
19.6 Optional Termination, Payment and Release ......................................................... 117<br />
19.7 Release from Performance under the Law ............................................................. 118<br />
20. CLAIMS, DISPUTES AND ARBITRATION ............................................................ 118<br />
20.1 Contractor's Claims ................................................................................................. 118<br />
20.2 Disputes and Differences ........................................................................................ 122<br />
20.3 Dispute resolution procedures ................................................................................ 122<br />
20.4 Dispute resolution not to delay execution <strong>of</strong> the Works .......................................... 123<br />
20.5 Survival ................................................................................................................... 123<br />
21. PRIVILEGES AND IMMUNITIES ............................................................................ 124<br />
22. MISCELLANEOUS ................................................................................................. 124<br />
PARTICULAR CONDITIONS ............................................................................................. 125<br />
SCHEDULES .............................................................. ERROR! BOOKMARK NOT DEFINED.<br />
Schedule 1<br />
Schedule 2<br />
Schedule 3<br />
Schedule 4<br />
Schedule <strong>of</strong> Details<br />
Schedule <strong>of</strong> Site Plan<br />
Schedule <strong>of</strong> Specification<br />
Schedule <strong>of</strong> Drawings<br />
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Schedule 5<br />
Schedule 6<br />
Schedule 7<br />
Schedule 8<br />
Schedule 9<br />
Schedule 10<br />
Schedule 11<br />
Schedule 12<br />
Schedule 13<br />
Schedule 14<br />
Schedule 15<br />
Schedule 16<br />
Schedule 17<br />
Schedule 18<br />
Schedule 19<br />
Schedule <strong>of</strong> Sections<br />
Schedule <strong>of</strong> Forms <strong>of</strong> Security<br />
Schedule <strong>of</strong> Contract Price<br />
Schedule <strong>of</strong> Payments<br />
Schedule <strong>of</strong> Programme<br />
Schedule <strong>of</strong> Key Personnel<br />
Schedule <strong>of</strong> Forms <strong>of</strong> Collateral Warranty<br />
Schedule <strong>of</strong> Form <strong>of</strong> Subcontractor Side Agreement<br />
Schedule <strong>of</strong> Forms <strong>of</strong> Certificates<br />
Schedule <strong>of</strong> Insurance Requirements<br />
Schedule <strong>of</strong> Permitted Subcontractors<br />
Schedule <strong>of</strong> Nominated Subcontractors<br />
Schedule <strong>of</strong> Auxiliary Works<br />
Schedule <strong>of</strong> Health and Safety Requirements<br />
Schedule <strong>of</strong> Environmental Requirements<br />
General and Particular Specifications and Preambles<br />
Drawings<br />
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INSTRUMENT OF AGREEMENT<br />
THIS CONTRACT is made on the ______________ day <strong>of</strong> ______________________<br />
200[insert].<br />
BETWEEN<br />
(1) The <strong>High</strong> <strong>Commission</strong> <strong>of</strong> <strong>India</strong> (“HCI”) in Sri Lanka having its postal address at<br />
[insert address ] ("Employer"); and<br />
(2) [insert name], a [insert type <strong>of</strong> company i.e. limited liability] company<br />
incorporated under the laws <strong>of</strong> [insert] and having its registered address at [insert<br />
address], [insert name <strong>of</strong> city and country] ("Contractor").<br />
BACKGROUND<br />
A<br />
B<br />
C<br />
D<br />
E<br />
The Employer is in the process <strong>of</strong> implementing the Development <strong>of</strong> the<br />
Atchchuvali Industrial Estate in Jaffna District [insert the relevant package<br />
name], Sri Lanka.<br />
The Employer intends to undertake the Project. The Works are an integral part <strong>of</strong> the<br />
Project.<br />
The Contractor has represented to the Employer that it has the appropriate<br />
experience, expertise, licences and resources to undertake the Works and has<br />
agreed to undertake the Works in accordance with the Contract.<br />
In reliance on the Contractor's representations the Employer has entered into the<br />
Contract.<br />
The Contract sets out the terms and conditions upon which the Contractor will<br />
undertake the Works.<br />
THIS CONTRACT:<br />
1. The Employer agrees to pay the Contractor the Contract Price, at the times and in<br />
the manner prescribed by the Contract, in consideration for the Contractor executing<br />
and completing the Works and remedying all defects in accordance with the Contract<br />
and otherwise performing all <strong>of</strong> its obligations in accordance with the Contract.<br />
2. In the Contract words and expressions will have the same meanings as are<br />
respectively assigned to them in the General Conditions.<br />
3. The following documents, listed in the order <strong>of</strong> priority are deemed to form and be<br />
read and construed as part <strong>of</strong> the Contract:<br />
3.1 this Instrument <strong>of</strong> Agreement;<br />
3.2 the Schedule <strong>of</strong> Details;<br />
3.3 the Particular Conditions;<br />
3.4 the General Conditions;<br />
3.5 the Specification;<br />
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3.6 the Drawings; and<br />
3.7 the remaining Schedules.<br />
SIGNING PAGE<br />
IN WITNESS WHEREOF, the Parties have caused this Contract to be executed by their<br />
respective duly authorised representatives as <strong>of</strong> the date first written above:<br />
SIGNED BY<br />
____________________________________<br />
[insert name <strong>of</strong> authorised signatory <strong>of</strong> HCI]<br />
Duly authorised to sign this Contract for and on behalf <strong>of</strong> the Employer, HCI:<br />
In the presence <strong>of</strong>:<br />
Signature<br />
Address<br />
Occupation<br />
__________________________________ (witness)<br />
__________________________________<br />
__________________________________<br />
SIGNED BY<br />
____________________________________<br />
[insert name <strong>of</strong> authorised signatory <strong>of</strong> the Contractor]<br />
Duly authorised to sign this Contract for and on behalf <strong>of</strong> the Contractor, [insert]:<br />
In the presence <strong>of</strong>:<br />
Signature<br />
Address<br />
Occupation<br />
__________________________________(witness)<br />
__________________________________<br />
__________________________________<br />
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General Conditions<br />
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GENERAL CONDITIONS<br />
1. GENERAL PROVISIONS<br />
1.1 Definitions<br />
Definitions<br />
In the Contract the following words and expressions shall have the meanings stated.<br />
Words indicating persons or parties include corporations and other legal entities,<br />
except where the context requires otherwise.<br />
"Accepted Contract Amount" means the amount stated in the Schedule <strong>of</strong> Details<br />
and recorded in the Schedule <strong>of</strong> Contract Price, based on the estimated quantities<br />
and fixed unit rates and prices and Provisional Sums, (if any), inserted in the Bill <strong>of</strong><br />
Quantities, for the execution and completion <strong>of</strong> the Works and the remedying <strong>of</strong> any<br />
defects.<br />
"Affiliate" means:<br />
(a)<br />
(b)<br />
(c)<br />
(d)<br />
the ultimate parent company <strong>of</strong> a Party; or<br />
any company controlled by that ultimate holding company; or<br />
any company controlling a Party; or<br />
any company controlled by a Party.<br />
"Approved Preliminary Programme" means the programme included in the<br />
Schedule <strong>of</strong> Programme under the heading "Approved Preliminary Programme".<br />
"Author" means any person, including a relevant employee <strong>of</strong> the Contractor or a<br />
subcontractor or any other contributing person, who is an author <strong>of</strong> any Contractor's<br />
<strong>Document</strong>s, which are assigned or licensed to the Employer under the Contract.<br />
"Authority(ies)" means all local, regional, territorial, free zone, municipal<br />
government, ministry, governmental department, commission, board, bureau,<br />
agency, instrumentality, executive, judicial or administrative body, recognised by the<br />
United Nations and having jurisdiction over the Works and the Contractor as well as<br />
its affiliates.<br />
"Auxiliary Works" means those works forming, or to form, part <strong>of</strong> the Project set out<br />
in the Schedule <strong>of</strong> Auxiliary Works which are connected to, or otherwise interface<br />
with, the Works, and which are to be designed, supplied, constructed, commissioned<br />
and/or tested by third parties under separate contractual arrangements with the<br />
Employer.<br />
"Bank Guarantee for advance payment" means the security (or securities) to be<br />
provided under Sub-Clause 14.2 [Advance Payment].<br />
"Bank Guarantee for performance" means the security (or securities) to be<br />
provided under Sub-Clause 4.2 [Bank Guarantee for Performance].<br />
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"Bill <strong>of</strong> Quantities" means the document entitled Bill <strong>of</strong> Quantities set out in the<br />
Schedule <strong>of</strong> Contract Price.<br />
"Claim Notice" means a notice to be issued under and in accordance with Clause<br />
20.1.<br />
"Contract" means the Instrument <strong>of</strong> Agreement, these General and Particular<br />
Conditions, the Schedules and the further documents (if any) which are listed in the<br />
Instrument <strong>of</strong> Agreement.<br />
"Contract <strong>Document</strong>s" means the documents comprising the Contract.<br />
"Contract Price" means the price defined in Sub-Clause 14.1 [The Contract Price]<br />
and includes any adjustments to the price made in accordance with the Contract.<br />
"Contract Programme" means the fully detailed programme to be provided by the<br />
Contractor to the Employer's Representative for its approval and certification in<br />
accordance with Sub-Clause 8.3 [Contract Programme] and any update to such<br />
Contract Programme approved and certified by the Employer's Representative in<br />
accordance with the Contract.<br />
"Contractor" means the entity named as the "Contractor" in the Instrument <strong>of</strong><br />
Agreement and the legal successors in title and assigns to this entity.<br />
"Contractor Background IP" means Intellectual Property Rights owned or licensed<br />
to the Contractor which exist prior to the Date <strong>of</strong> the Contract or the commencement<br />
<strong>of</strong> the Works and which are used by the Contractor in carrying out the Works or<br />
otherwise made available to the Employer under or in connection with this Contract.<br />
"Contractor's <strong>Document</strong>s" include all documents, drawings and sketches, maps,<br />
plans, photographs, specifications, calculations, reports, computer s<strong>of</strong>tware,<br />
databases, manuals, as built documents, models, three-dimensional works pertaining<br />
to geography or topography or other architectural works, technical documents and<br />
any other Copyright Works prepared by or on behalf <strong>of</strong> the Contractor for the benefit<br />
<strong>of</strong> the Employer pursuant to the Contract.<br />
"Contractor's Equipment" means all apparatus, machinery, vehicles and other<br />
things required for the execution and completion <strong>of</strong> the Works and the remedying <strong>of</strong><br />
any defects excluding the Temporary Works, Employer's Equipment (if any), Plant,<br />
Materials and any other things intended to form or forming part <strong>of</strong> the Permanent<br />
Works.<br />
"Contractor's Personnel" means the Contractor's Representative and all personnel<br />
the Contractor utilises on the Site, which may include the staff, labour, agents and<br />
other employees <strong>of</strong> the Contractor and <strong>of</strong> each Subcontractor and any other<br />
personnel assisting the Contractor in the execution <strong>of</strong> the Works.<br />
"Contractor's Representative" means the person named as such in the Schedule<br />
<strong>of</strong> Details or appointed from time to time by the Contractor under Sub-Clause 4.3<br />
[Contractor's Representative], who acts on behalf <strong>of</strong> the Contractor.<br />
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Operational excellence for results that matter<br />
"Copyright Works" means any copyright works forming part <strong>of</strong> the Contractor's<br />
<strong>Document</strong>s or any other documentation which the Contractor is required to provide to<br />
the Employer or the Employer's Representative under the Contract.<br />
"Costs" means all direct and reasonable expenditure necessarily incurred in<br />
connection with the execution <strong>of</strong> the Works, but does not include non-Project specific<br />
overheads, pr<strong>of</strong>it or loss <strong>of</strong> pr<strong>of</strong>it.<br />
“Country” means the country in which the Site (or most <strong>of</strong> it) is located, where the<br />
Permanent Works are to be executed.<br />
"Date <strong>of</strong> the Contract" means the date <strong>of</strong> execution <strong>of</strong> the Contract as stated in the<br />
Instrument <strong>of</strong> Agreement.<br />
"day" means a calendar day, unless provided otherwise.<br />
"Defects Notification Period" means the period for notifying defects in the Works or<br />
a Section (as the case may be) under Sub-Clause 11.1 [Completion <strong>of</strong> Outstanding<br />
Work and Remedying Defects], as stated in the Schedule <strong>of</strong> Details (with any<br />
extension under Sub-Clause 11.3 [Extension <strong>of</strong> Defects Notification Period]),<br />
calculated from the date on which the Works or Section is Taken Over as certified<br />
under Sub-Clause 10.1 [Taking Over <strong>of</strong> the Works and Sections].<br />
"Delay Damages" means the delay damages payable by the Contractor under Sub-<br />
Clause 8.7 [Delay Damages].<br />
"Drawings" means the drawings <strong>of</strong> the Works, as included in the Schedule <strong>of</strong><br />
Drawings and any additional or modified drawings issued by (or on behalf <strong>of</strong>) the<br />
Employer in accordance with the Contract.<br />
"Employer" means the entity named as the "Employer" in the Instrument <strong>of</strong><br />
Agreement, and the legal successors in title and assigns and novatees to this entity.<br />
"Employer's <strong>Document</strong>s" include documents, drawings and sketches, maps, plans,<br />
photographs, specifications, calculations, reports, computer s<strong>of</strong>tware, databases,<br />
manuals, as built documents, models, three-dimensional works pertaining to<br />
geography or topography or other architectural works, technical documents and any<br />
other Copyright Works owned by or licensed to the Employer and provided to the<br />
Contractor by or on behalf <strong>of</strong> the Employer pursuant to the Contract.<br />
"Employer's Equipment" means the apparatus, machinery and vehicles (if any)<br />
made available by the Employer for the use <strong>of</strong> the Contractor in the execution <strong>of</strong> the<br />
Works, as stated in the Specification but does not include Plant which has not been<br />
Taken Over by the Employer.<br />
"Employer's Personnel" means the Employer's Representative, the Employer's<br />
Representative's Assistant, any Employer's Representative's Consultant(s) and all<br />
other staff, labour and other employees <strong>of</strong> the Employer, and any other personnel<br />
notified to the Contractor, by the Employer or the Employer's Representative, as<br />
Employer's Personnel.<br />
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"Employer's Representative" means the person named as such in the Schedule <strong>of</strong><br />
Details or appointed from time to time by the Employer under Sub-Clause 3.1 [The<br />
Employer's Representative], who acts on behalf <strong>of</strong> the Employer.<br />
"Employer's Representative's Assistant" means the person(s) appointed to assist<br />
the Employer's Representative, in accordance with Sub-Clause 3.2 [Employer's<br />
Representative's Assistant and Employer's Representative's Consultant] as notified<br />
to the Contractor by the Employer or the Employer's Representative.<br />
"Employer's Representative's Consultant" means the person(s) appointed to<br />
assist the Employer's Representative and/or the Employer's Representative's<br />
Assistant as notified to the Contractor by the Employer's Representative or the<br />
Employer's Representative's Assistant.<br />
"Final Completion Certificate" means the certificate issued under Sub-Clause 11.9<br />
[Final Completion Certificate].<br />
"Final Payment Certificate" means the payment certificate issued under Sub-<br />
Clause 14.13 [Issue <strong>of</strong> Final Payment Certificate].<br />
"Final Statement" means the statement defined in Sub-Clause 14.11 [Application<br />
for Final Payment Certificate].<br />
"Force Majeure" is defined in Sub-Clause 19.1 [Definition <strong>of</strong> Force Majeure].<br />
"General Conditions" means these general conditions <strong>of</strong> Contract.<br />
"Goods" means Contractor's Equipment, Materials, Plant and Temporary Works, or<br />
any <strong>of</strong> them as appropriate.<br />
"Indemnified Parties" are the Employer and its personnel, <strong>of</strong>ficers, directors,<br />
shareholders, contractors, representatives, agents, and banks, funders, purchasers<br />
or an affiliate <strong>of</strong> the Employer.<br />
"Industry Best Practices" means the practices which are generally engaged in or<br />
observed by international construction industries with respect to works <strong>of</strong> a similar<br />
size, type, nature, scope and complexity to the Works and which, with respect to any<br />
objective, may be expected, in the exercise <strong>of</strong> reasonable judgment, to accomplish<br />
that objective in a manner consistent with applicable Laws, reliability, safety,<br />
environmental protection, economy and expediency.<br />
"Instrument <strong>of</strong> Agreement" means the document signed by the Parties and forming<br />
part <strong>of</strong> the Contract.<br />
"Intellectual Property Rights" includes patents, inventions, copyright and related<br />
rights, trademarks, trade names, service marks and domain names, goodwill, rights<br />
to sue for passing <strong>of</strong>f, design rights, database rights, rights in know-how and<br />
confidential information, trade secrets, Moral Rights, proprietary rights and any other<br />
intellectual property rights, in each case whether registered or unregistered, and<br />
including all applications or rights to apply for such rights and all similar or equivalent<br />
rights or forms <strong>of</strong> protection which subsist or will subsist now or in the future in any<br />
part <strong>of</strong> the world.<br />
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"Interim Payment Certificate" means a payment certificate issued under Clause 14<br />
[Contract Price and Payment], other than the Final Payment Certificate.<br />
"Key Personnel" means the Contractor's Personnel named in nominated positions<br />
included in the Schedule <strong>of</strong> Key Personnel.<br />
"Latent Defect" means any defect in the Works attributable to: (i) the design and/or<br />
construction <strong>of</strong> the Works for which the Contractor is responsible; (ii) Plant, Materials<br />
or workmanship not being in accordance with the Contract; or (iii) failure <strong>of</strong> the<br />
Contractor to comply with any other obligation under the Contract, which a<br />
reasonable examination by the Employer prior to expiry <strong>of</strong> the last Defects<br />
Notification Period would not have disclosed, and such defect results in the Works or<br />
part <strong>of</strong> the Works not being able to be used for the purposes for which they are<br />
intended by the Employer, and/or causes the full or partial collapse <strong>of</strong> the Works,<br />
and/or threatens the stability or safety <strong>of</strong> the Works.<br />
"Latent Defect Period" means the period as stated in the Schedule <strong>of</strong> Details,<br />
commencing from the date on which the Final Completion Certificate is issued by the<br />
Employer.<br />
"Law(s)" means:<br />
(a)<br />
(b)<br />
(c)<br />
all legislation, including, decrees, resolutions, acts, statutes, ordinances,<br />
rules, regulations, directives and other orders, treaties, by-laws, codes <strong>of</strong><br />
practice and other subordinate legislation, <strong>of</strong> the Country;<br />
the requirements, rules and regulations <strong>of</strong> any Authority, including legislation<br />
and regulations covering the registration and licensing <strong>of</strong> the Contractor<br />
necessary for the proper execution <strong>of</strong> the Works in accordance with the<br />
Contract; and<br />
the guidelines <strong>of</strong> the Country and <strong>of</strong> all relevant Authorities, with which the<br />
Contractor is legally required to comply.<br />
"Materials" means things <strong>of</strong> all kinds (other than Plant) intended to form or forming<br />
part <strong>of</strong> the Permanent Works, including the supply-only materials (if any) to be<br />
supplied by the Contractor under the Contract.<br />
"Milestone Dates" means the dates for completing the Milestones set out in the<br />
Schedule <strong>of</strong> Programme.<br />
"Milestones" means the milestones for the completion <strong>of</strong> a Section <strong>of</strong> part <strong>of</strong> the<br />
Works by the Contractor, as identified and further described in the Schedule <strong>of</strong><br />
Programme.<br />
"Moral Rights" means any <strong>of</strong> the rights described in Article 6b <strong>of</strong> the Berne<br />
Convention for the Protection <strong>of</strong> Literary and Artistic Works 1886 (as amended and<br />
revised from time to time), being "droit moral" or other analogous rights arising under<br />
any law, that exist, or that may come to exist, anywhere in the world.<br />
"Nominated Subcontractor(s)" has the meaning given to it in Sub-Clause 5.1<br />
[Definition <strong>of</strong> "Nominated Subcontractor"].<br />
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"Particular Conditions" means the particular conditions specified immediately<br />
before the Schedules (if any) to the Contract.<br />
"Party" means the Employer or the Contractor, as the context requires.<br />
"Payment Certificate" means a payment certificate issued under Clause 14<br />
[Contract Price and Payment].<br />
"Permanent Works" means the permanent works to be supplied, constructed,<br />
commissioned, tested and handed over to the Employer by the Contractor when the<br />
Works are Taken Over under the Contract.<br />
"Permitted Subcontractor" means the Subcontractor(s), supplier(s) or categories <strong>of</strong><br />
Subcontractors or suppliers listed in the Schedule <strong>of</strong> Permitted Subcontractors.<br />
"Plant" means the apparatus, machinery and vehicles (other than Materials)<br />
intended to form or forming part <strong>of</strong> the Permanent Works.<br />
"Project" means the project described in the Schedule <strong>of</strong> Details.<br />
"Provisional Sum" means a sum (if any) which is specified in the Schedule <strong>of</strong><br />
Contract Price as a provisional sum, for the execution <strong>of</strong> any part <strong>of</strong> the Works, a<br />
Section or for the supply <strong>of</strong> Plant, Materials or services under Sub-Clause 13.5<br />
[Provisional Sums].<br />
"Punch List" has the meaning given to it at Sub-Clause 10.1 [Taking Over the<br />
Works and Sections].<br />
"Retention Money" means the accumulated retention monies which the Employer<br />
retains under Sub-Clause 14.3 [Application for Interim Payment Certificates] and<br />
pays under Sub-Clause 14.9 [Payment <strong>of</strong> Retention Money].<br />
"Schedule <strong>of</strong> Auxiliary Works" is Schedule 17.<br />
"Schedule <strong>of</strong> Contract Price" is Schedule 7.<br />
"Schedule <strong>of</strong> Details" is Schedule 1.<br />
"Schedule <strong>of</strong> Drawings" is Schedule 4.<br />
"Schedule <strong>of</strong> Environmental Requirements" is Schedule 19.<br />
"Schedule <strong>of</strong> Forms <strong>of</strong> Collateral Warranty" is Schedule 11.<br />
"Schedule <strong>of</strong> Form <strong>of</strong> Subcontractor Side Agreement" is Schedule 12.<br />
"Schedule <strong>of</strong> Forms <strong>of</strong> Certificates" is Schedule 13.<br />
"Schedule <strong>of</strong> Forms <strong>of</strong> Security" is Schedule 6.<br />
"Schedule <strong>of</strong> Health and Safety Requirements" is Schedule 18.<br />
"Schedule <strong>of</strong> Insurance Requirements" is Schedule 14.<br />
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MEASURED PRICE CONSTRUCTION CONTRACT<br />
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"Schedule <strong>of</strong> Key Personnel" is Schedule 10.<br />
"Schedule <strong>of</strong> Nominated Subcontractors" is Schedule 16.<br />
"Schedule <strong>of</strong> Payments" is Schedule 8.<br />
"Schedule <strong>of</strong> Permitted Subcontractors" is Schedule 15.<br />
"Schedule <strong>of</strong> Programme" is Schedule 9.<br />
"Schedule <strong>of</strong> Specification" is Schedule 3.<br />
"Schedule <strong>of</strong> Sections" is Schedule 5.<br />
"Schedule <strong>of</strong> Site Plan" is Schedule 2.<br />
"Schedules" means Schedules 1 to 19 to this Contract, including any further<br />
documents which are annexed or attached to, or incorporated by reference into<br />
Schedules 1 to 19.<br />
"Section" means a part <strong>of</strong> the Works (if any) specified in the Contract as a Section<br />
as identified in the Schedule <strong>of</strong> Sections or which the Employer's Representative<br />
nominates as a Section under Sub-Clause 1.15 [Sections].<br />
"Security Interest" includes any bill <strong>of</strong> sale, as defined in any law, mortgage,<br />
charge, lien, pledge, assignment, hypothecation, title retention arrangement, trust or<br />
power, as, or having effect as, a security for the payment <strong>of</strong> any monetary obligation<br />
or the observance <strong>of</strong> any other obligation.<br />
"Senior Representatives" means the senior representatives <strong>of</strong> the Parties set out in<br />
the Schedule <strong>of</strong> Details.<br />
"Site" means the places where the Temporary Works and Permanent Works are to<br />
be executed and to which Plant and Materials are to be delivered as shown on the<br />
Schedule <strong>of</strong> Site Plan, and any other places as may be specified in the Contract as<br />
forming part <strong>of</strong> the Site.<br />
"Site Conditions" means any conditions in relation to the Site including:<br />
(a)<br />
(b)<br />
(c)<br />
(d)<br />
the form and nature <strong>of</strong> the Site, including ground surface conditions, subsurface<br />
geology and conditions and all other physical conditions and<br />
characteristics on, above or below the surface which may affect the<br />
performance by the Contractor <strong>of</strong> its obligations under this Contract;<br />
the general and local conditions for environment, meteorological, seismic<br />
activity, hydrological, hydrographic, climatic conditions, ocean and sub-sea<br />
conditions;<br />
the extent and nature <strong>of</strong> the work and Goods necessary for the execution and<br />
completion <strong>of</strong> the Works and the remedying <strong>of</strong> any defects;<br />
the Laws, procedures and labour practices <strong>of</strong> the Country; and<br />
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MEASURED PRICE CONSTRUCTION CONTRACT<br />
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(e)<br />
the availability and quality <strong>of</strong> both permanent and temporary access,<br />
accommodation, facilities, personnel, labour, power, transport, water, waste<br />
disposal, storage or materials and all other services and utilities, necessary<br />
for the performance <strong>of</strong> the Works in accordance with the Contract.<br />
"Specification" means the specification set out in the Schedule <strong>of</strong> Specification<br />
which may include the Employer's stated purpose(s) for which the Works are<br />
intended, the scope <strong>of</strong> the Works, and the objectives and criteria for the Works,<br />
including any further documents which are annexed or attached to, or incorporated<br />
by reference into the Schedule <strong>of</strong> Specification, and any additions and modifications<br />
to the Specification in accordance with the Contract.<br />
"Statement" means a statement submitted by the Contractor as part <strong>of</strong> an<br />
application, under Clause 14 [Contract Price and Payment].<br />
"Subcontractor" means any person named in the Contract as a subcontractor, or<br />
any person appointed as a subcontractor or supplier <strong>of</strong> Materials or Plant, including<br />
any Nominated Subcontractor or Permitted Subcontractor, for a part <strong>of</strong> the Works,<br />
and the legal successors in title to each <strong>of</strong> these persons.<br />
"Taken Over" means the stage in the execution <strong>of</strong> the whole <strong>of</strong> the Works, or the<br />
relevant Section or part <strong>of</strong> the Works (as the case may be), when:<br />
(a)<br />
(b)<br />
that:<br />
the whole <strong>of</strong> the Works, or the relevant Section or part <strong>of</strong> the Works, are<br />
complete except for minor omissions and minor defects;<br />
the Employer's Representative, in its sole and absolute discretion, is satisfied<br />
(i)<br />
(ii)<br />
(iii)<br />
(iv)<br />
those omissions and defects do not prevent the whole <strong>of</strong> the Works or<br />
the relevant Section or part <strong>of</strong> the Works, and the Site from being<br />
used for their intended purpose;<br />
those omissions and defects do not cause any restriction under any<br />
Law or under any direction <strong>of</strong> any Authority on the use or the<br />
occupation <strong>of</strong> the whole <strong>of</strong> the Works, or the relevant Section or part<br />
<strong>of</strong> the Works;<br />
the Contractor has reasonable grounds for not promptly rectifying<br />
those omissions and defects; and<br />
failure to promptly rectify those omissions and defects will not<br />
prejudice the safe and convenient use <strong>of</strong> the whole <strong>of</strong> the Works, or<br />
the relevant Section or part <strong>of</strong> the Works, and the Site for their<br />
intended purpose;<br />
(c)<br />
(d)<br />
all commissioning and testing required under the Contract has been<br />
successfully performed in accordance with Clause 9 [Tests on Completion];<br />
all information to be provided by the Contractor to the Employer under the<br />
Contract including:<br />
(i)<br />
Contractor's <strong>Document</strong>s;<br />
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(ii)<br />
(iii)<br />
(iv)<br />
(v)<br />
6 copies <strong>of</strong> all as-built drawings in the form approved by the<br />
Employer's Representative and related documents including a<br />
complete set <strong>of</strong> specifications and drawings (if any) to be prepared by<br />
or on behalf <strong>of</strong> the Contractor pursuant to the Contract;<br />
results <strong>of</strong> all tests performed in accordance with Clause 9 [Tests on<br />
Completion];<br />
operation and maintenance manuals (if any); and<br />
the warranties specified in the Contract and any other warranties<br />
normally provided by suppliers, manufacturers and Subcontractors for<br />
work <strong>of</strong> similar scope and complexity to the Works, including<br />
confirmation that the warranties will be capable <strong>of</strong> novation from the<br />
Employer to any entity to be nominated by the Employer,<br />
has been supplied to the Employer's Representative;<br />
(e)<br />
(f)<br />
(g)<br />
(h)<br />
(i)<br />
any certificate or approval, which shall be issued or given by an Authority to<br />
lawfully occupy or use the whole <strong>of</strong> the Works, or the relevant Section or part<br />
<strong>of</strong> the Works, has been issued or given by that Authority and provided to the<br />
Employer's Representative;<br />
the cleaning <strong>of</strong> the entire Works, or the relevant Section or part <strong>of</strong> the Works,<br />
throughout, including cleaning <strong>of</strong> interior and exterior surfaces, cleaning<br />
debris from the Site and removing waste and surplus materials from the Site;<br />
dismantling and removing the Temporary Works from Site, including<br />
scaffolding, hoardings, barricades and foot crossings specific to the Works or<br />
the relevant Section or part <strong>of</strong> the Works;<br />
making good access to the Works, including roads, footpaths, kerbs and<br />
gutters adjacent to the Works including any rectification work required under<br />
Sub-Clause 4.15; and<br />
a Taking Over Certificate has been issued in accordance with Sub-Clause<br />
10.1 [Taking Over <strong>of</strong> the Works and Sections].<br />
"Taking Over Certificate" means a certificate issued under Clause 10 [Employer's<br />
Taking Over] certifying that the Works or a Section have reached the stage <strong>of</strong> being<br />
Taken Over.<br />
"Temporary Works" means all temporary works <strong>of</strong> every kind (other than<br />
Contractor's Equipment) required on Site for the execution and completion <strong>of</strong> the<br />
Permanent Works and the remedying <strong>of</strong> any defects.<br />
"Testing Plan" means the plan, to be prepared and submitted by the Contractor<br />
under Sub-Clause 7.4 [Testing].<br />
"Tests on Completion" means the tests which are specified in the Specification or<br />
agreed by both Parties or instructed as a Variation, and which are carried out under<br />
Clause 9 [Tests on Completion] before the Works or a Section (as the case may be)<br />
are Taken Over by the Employer.<br />
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"Time for Completion" means the time for completing the Works or a Section (as<br />
the case may be) under Sub-Clause 8.2 [Time for Completion], as stated in the<br />
Schedule <strong>of</strong> Details, (with any extension under Sub-Clause 8.4 [Extension <strong>of</strong> Time for<br />
Completion], calculated from the Date <strong>of</strong> the Contract.<br />
"Unforeseeable" means not reasonably foreseeable by an experienced and<br />
competent contractor acting in accordance with Industry Best Practices.<br />
"Variation" means a variation to the Works, which is instructed or approved by the<br />
Employer's Representative as a variation under Clause 13 [Variations and<br />
Adjustments].<br />
"Works" mean the Permanent Works and the Temporary Works, or either <strong>of</strong> them as<br />
appropriate and all other things which the Contractor shall do in order to fulfil its<br />
obligations under the Contract.<br />
"year" means 365 days.<br />
1.2 Interpretation<br />
Interpretation<br />
(a)<br />
In the Contract, except where the context requires otherwise:<br />
(i)<br />
(ii)<br />
(iii)<br />
(iv)<br />
(v)<br />
(vi)<br />
(vii)<br />
(viii)<br />
(ix)<br />
words indicating one gender include all genders;<br />
words indicating the singular also include the plural and words<br />
indicating the plural also include the singular;<br />
references to the word "including" (or "includes") means including, but<br />
not limited to;<br />
where an expression is defined, another part <strong>of</strong> speech or<br />
grammatical form <strong>of</strong> that expression has a corresponding meaning;<br />
if a period <strong>of</strong> time is specified and dates from a given day or the day<br />
<strong>of</strong> an actual event, it shall be calculated exclusive <strong>of</strong> that day;<br />
provisions including the word "agree", "agreed" or "agreement"<br />
require the agreement to be recorded in writing;<br />
"written" or "in writing" means hand-written, type-written, printed or<br />
electronically made, and resulting in a permanent record;<br />
a reference to the Contract includes all Schedules, exhibits and<br />
annexures to the Contract; and<br />
a reference to any law, legislation or legislative provision includes any<br />
statutory modification or re-enactment <strong>of</strong>, or legislative provisions<br />
substituted for, and any subordinate legislation issued under that<br />
legislation or legislative provision.<br />
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(b)<br />
(c)<br />
(d)<br />
The marginal words and other headings shall not be taken into consideration<br />
in the interpretation <strong>of</strong> these General Conditions.<br />
All dates and periods shall be ascertained in accordance with the Gregorian<br />
calendar.<br />
Where references are made in the Contract to industry or technical codes and<br />
standards in accordance with which the Works are to be executed, the edition<br />
or the revised version <strong>of</strong> such codes and standards current at the Date <strong>of</strong> the<br />
Contract applies, unless otherwise specified.<br />
1.3 Communications<br />
Communications<br />
(a)<br />
Wherever the Contract provides for the giving or issuing <strong>of</strong> any approvals,<br />
certificates, consents, determinations, notices and requests, these<br />
communications shall be:<br />
(i)<br />
(ii)<br />
(iii)<br />
in writing;<br />
marked to the attention <strong>of</strong> the relevant representative <strong>of</strong> the Parties<br />
set out in the Schedule <strong>of</strong> Details; and<br />
either:<br />
(A)<br />
(B)<br />
(C)<br />
delivered at the address set out in the Schedule <strong>of</strong> Details; or<br />
sent by facsimile to the facsimile number <strong>of</strong> the addressee set<br />
out in the Schedule <strong>of</strong> Details; or<br />
sent as a document, signed, scanned and attached in an<br />
email to the email address set out in the Schedule <strong>of</strong> Details.<br />
(b)<br />
(c)<br />
(d)<br />
(e)<br />
If the addressee has notified in writing a change <strong>of</strong> fax number or email<br />
address, then the communication shall be to that number or address.<br />
In addition to the Contractor's obligations under Sub-Clauses 1.3(a) and (b), if<br />
requested by the Employer, the Contractor shall issue a copy <strong>of</strong> all notices<br />
and other communications under the Contract, using an internet based<br />
document management system and the corresponding computer s<strong>of</strong>tware<br />
packages to be nominated and hosted by the Employer. The Employer shall<br />
provide to the Contractor the necessary Site based training in the use <strong>of</strong> the<br />
nominated document management system and s<strong>of</strong>tware, as may be<br />
reasonably requested by the Contractor, to enable the Contractor to comply<br />
with its obligations under this Sub-Clause 1.3(c) only.<br />
A notice, approval, consent or other communication takes effect from the time<br />
it is received unless a later time is specified in it.<br />
A delivery, letter, document attached to an email or facsimile is deemed to be<br />
received:<br />
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(i)<br />
(ii)<br />
(iii)<br />
in the case <strong>of</strong> a delivery to the relevant address when delivered to the<br />
relevant address (against a written receipt); and<br />
in the case <strong>of</strong> a facsimile, on production <strong>of</strong> a transmission report by<br />
the machine from which the facsimile was sent which indicates that<br />
the facsimile was sent in its entirety to the facsimile number <strong>of</strong> the<br />
recipient; and<br />
in the case <strong>of</strong> a document attached to an email, upon receipt <strong>of</strong> the<br />
email in the inbox <strong>of</strong> the recipient’s address stated in the Schedule <strong>of</strong><br />
Details.<br />
(f)<br />
For the avoidance <strong>of</strong> doubt, any notice or other communication will not be<br />
deemed to have been given or made under the Contract, if it is in the form <strong>of</strong><br />
email (other than as an attached document in accordance with Sub-Clause<br />
1.3(a)), or minutes <strong>of</strong> any meetings.<br />
(g) Approvals, certificates, consents and determinations shall not be<br />
unreasonably withheld or delayed. When a certificate is issued to a Party, the<br />
certifier shall send a copy to the other Party. When a notice is issued to a<br />
Party, by the other Party or the Employer's Representative, a copy shall be<br />
sent to the Employer's Representative or the other Party, as the case may be.<br />
1.4 Language<br />
Language<br />
(a)<br />
(b)<br />
The language for communications shall be English.<br />
Unless otherwise specified in the Contract, the Contractor's <strong>Document</strong>s will<br />
be written in English.<br />
1.5 Priority <strong>of</strong> <strong>Document</strong>s<br />
Priority <strong>of</strong> <strong>Document</strong>s<br />
(a)<br />
(b)<br />
(c)<br />
The documents forming the Contract are to be taken as mutually explanatory<br />
<strong>of</strong> one another and shall be read as a whole. For the purposes <strong>of</strong><br />
interpretation, the priority <strong>of</strong> the documents shall be as listed in the Instrument<br />
<strong>of</strong> Agreement.<br />
If either Party discovers an ambiguity or discrepancy in or between the<br />
documents forming the Contract, that Party shall immediately notify the<br />
Employer's Representative, who shall issue any necessary clarification or<br />
instruction to the Parties and the Contractor shall implement such clarification<br />
or instruction with due expedition and without delay.<br />
Notwithstanding the priority <strong>of</strong> documents set out in Sub-Clause 1.5(a), if<br />
there is any ambiguity or discrepancy in or between the documents forming<br />
the Contract in regard to the obligations or requirements for the standard or<br />
quality <strong>of</strong> work, then the higher or more onerous obligation or requirement<br />
shall prevail unless otherwise instructed in writing by the Employer’s<br />
Representative.<br />
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(d)<br />
If the Contractor suffers delay and/or incurs Costs as a result <strong>of</strong> failure <strong>of</strong> the<br />
Employer's Representative to issue any necessary clarification or instruction,<br />
the Contractor shall give a Claim Notice to the Employer's Representative and<br />
shall be entitled to, subject to Sub-Clause 20.1 [Contractor’s Claims]:<br />
(i)<br />
(ii)<br />
an extension <strong>of</strong> time for any such delay, if completion is or will be<br />
delayed; and<br />
payment <strong>of</strong> any such Cost, which shall be added to the Contract Price<br />
as a variation.<br />
(e)<br />
After receiving the Claim Notice under Sub-Clause 1.5(d), the Employer's<br />
Representative shall proceed under Sub-Clause 20.1 [Contractor's Claims]<br />
and Sub-Clause 3.5 [Determinations] to agree or determine the matters<br />
described in Sub-Clause 1.5(d).<br />
1.6 Not Used<br />
Not Used<br />
1.7 Assignment<br />
Assignment<br />
(a)<br />
(b)<br />
(c)<br />
The Contractor acknowledges that by entering into the Contract it agrees that<br />
the Employer may, in its absolute discretion and at a date to be determined<br />
by the Employer, assign, transfer and/or charge the benefit <strong>of</strong> the Contract<br />
and/or any <strong>of</strong> its present or future rights, interest and/or benefits hereunder to<br />
an Affiliate or any other person upon giving written notice there<strong>of</strong> to the<br />
Contractor.<br />
The Contractor acknowledges and agrees that it will, if required by the<br />
Employer, do all further things necessary and reasonably requested by the<br />
Employer, to give effect to the assignments in Sub-Clause 1.7(a), including<br />
executing an assignment agreement(s) in form to be approved and provided<br />
by the Employer.<br />
The Contractor shall not be entitled, without the prior written consent <strong>of</strong> the<br />
Employer, to assign to any third party its interest under the Contract or any<br />
right or benefit, arising under the Contract.<br />
1.8 Care and Supply <strong>of</strong> <strong>Document</strong>s<br />
Care and Supply <strong>of</strong> <strong>Document</strong>s<br />
(a)<br />
(b)<br />
The Specification and Drawings shall be in the custody and care <strong>of</strong> the<br />
Employer. Unless otherwise stated in the Contract, one copy <strong>of</strong> the Contract<br />
and each subsequent Drawing shall be supplied to the Contractor, who may<br />
make or request further copies at the cost <strong>of</strong> the Contractor.<br />
Each <strong>of</strong> the Contractor's <strong>Document</strong>s shall be in the custody and care <strong>of</strong> the<br />
Contractor, unless and until the Works are Taken Over by the Employer.<br />
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Unless otherwise stated in the Contract, the Contractor shall supply to the<br />
Employer's Representative four copies <strong>of</strong> the Contractor's <strong>Document</strong>s.<br />
(c)<br />
(d)<br />
The Contractor shall keep, on the Site, a copy <strong>of</strong> the Contract, publications<br />
named in the Specification, the Contractor's <strong>Document</strong>s, the Drawings and<br />
Variations and other communications given under the Contract. The<br />
Employer's Personnel shall have the right <strong>of</strong> access to all these documents at<br />
all reasonable times.<br />
If a Party becomes aware <strong>of</strong> an error or defect <strong>of</strong> a technical nature in a<br />
document which was prepared for use in executing the Works, the Party shall<br />
promptly give notice to the Employer's Representative and the other Party <strong>of</strong><br />
such error or defect and the Employer's Representative shall issue any<br />
necessary clarification or instruction.<br />
1.9 Delayed Drawings or Instructions<br />
Delayed Drawings or Instructions<br />
(a)<br />
(b)<br />
(c)<br />
The Contractor shall give reasonable notice to the Employer's Representative<br />
whenever the Works are likely to be delayed or disrupted if any necessary<br />
drawing or instruction to be issued by the Employer's Representative under<br />
the Contract is not issued to the Contractor within a particular time, which<br />
shall be reasonable. The notice shall include details <strong>of</strong> the necessary<br />
drawing or instruction, details <strong>of</strong> why and by when it should be issued, and<br />
details <strong>of</strong> the nature and amount <strong>of</strong> the delay or disruption likely to be<br />
suffered if it is late.<br />
After receiving the notice under Sub-Clause 1.9(a), the Employer's<br />
Representative, acting reasonably, shall proceed in accordance with Sub-<br />
Clause 3.5 [Determinations] to agree or determine if, or when, the drawing<br />
and/or instruction should be issued, and the details <strong>of</strong> the necessary drawing<br />
or instruction to be provided to the Contractor.<br />
If the Contractor suffers delay and/or incurs Costs as a result <strong>of</strong> a failure <strong>of</strong><br />
the Employer's Representative to issue the notified drawing or instruction<br />
within a time agreed or determined under Sub-Clause 1.9(b), the Contractor<br />
shall give a Claim Notice to the Employer's Representative and shall be<br />
entitled, subject to Sub-Clause 20.1 [Contractor’s Claims] to:<br />
(i)<br />
(ii)<br />
an extension <strong>of</strong> time for any such delay, if completion is or will be<br />
delayed, under Sub-Clause 8.4 [Extension <strong>of</strong> Time for Completion];<br />
and<br />
payment <strong>of</strong> any such Cost, which shall be added to the Contract Price<br />
as a Variation.<br />
(d)<br />
After receiving the Claim Notice under Sub-Clause 1.9(c), the Employer's<br />
Representative shall proceed in accordance with Sub-Clause 20.1<br />
[Contractor's Claims] and Sub-Clause 3.5 [Determinations] to agree or<br />
determine the matters described in Sub-Clause 1.9(c).<br />
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(e)<br />
However, if and to the extent that the Employer's Representative’s failure to<br />
issue the notified drawing or instruction within a time agreed or determined<br />
under Sub-Clause 1.9(b) was caused by any error or delay by the Contractor,<br />
including an error in, or delay in the submission <strong>of</strong>, any <strong>of</strong> the Contractor’s<br />
<strong>Document</strong>s, the Contractor shall not be entitled to such extension <strong>of</strong> time or<br />
Cost.<br />
1.10 Ownership and licence <strong>of</strong> Intellectual Property Rights<br />
Ownership and licence <strong>of</strong> Intellectual Property Rights<br />
(a)<br />
(b)<br />
(c)<br />
(d)<br />
(e)<br />
All Employer's <strong>Document</strong>s will remain the property <strong>of</strong> the Employer and shall<br />
be returned to the Employer prior to the completion <strong>of</strong> the Works. The<br />
Contractor agrees that it shall not acquire any rights in the Employer's<br />
<strong>Document</strong>s whether under this Contract or otherwise and shall not use or<br />
disclose the Employer's <strong>Document</strong>s other than for the sole and exclusive<br />
purpose <strong>of</strong> the performance <strong>of</strong> its obligations under or in connection with this<br />
Contract.<br />
The Contractor assigns to the Employer or the Employer’s nominee<br />
absolutely all <strong>of</strong> the Contractor’s rights, title and interest, including all<br />
Intellectual Property Rights, in the Contractor’s <strong>Document</strong>s and any other<br />
documentation which the Contractor creates and is required to provide to the<br />
Employer or the Employer’s Representative under the Contract, upon their<br />
creation.<br />
The Contractor agrees to do everything necessary or requested by the<br />
Employer to enable the Employer to own the Intellectual Property Rights in<br />
the Contractor’s <strong>Document</strong>s, including formally assigning those rights or<br />
assisting the Employer in obtaining registration <strong>of</strong> those rights in its own<br />
name.<br />
The Contractor agrees to do everything necessary or requested by the<br />
Employer to enable the Employer to use the Contractor’s <strong>Document</strong>s and the<br />
Intellectual Property Rights in the Contractor’s <strong>Document</strong>s, including, granting<br />
or procuring in the name <strong>of</strong> the Employer, a perpetual, unrestricted, nonexclusive,<br />
irrevocable and transferable, royalty-free licence for the Employer<br />
to use all the Intellectual Property Rights in the Contractor’s <strong>Document</strong>s, on<br />
terms acceptable to the Employer, from subconsultants or all other<br />
contributing parties in performance <strong>of</strong> the Contractor's obligations under this<br />
Contract with rights, title and interest in any documents or other copyright<br />
works forming the Contractor’s <strong>Document</strong>s.<br />
The Contractor warrants that use <strong>of</strong> the Contractor’s <strong>Document</strong>s by the<br />
Employer in connection with the Project and the Works or otherwise will not<br />
infringe any rights, including the Intellectual Property Rights, <strong>of</strong> a third party<br />
and agrees to defend, hold harmless and indemnify the Employer against all<br />
claims, damage, losses, proceedings and liabilities arising out <strong>of</strong> or in<br />
connection with a breach <strong>of</strong> this warranty. In defending the Employer, the<br />
Contractor shall not enter into a settlement agreement without the prior<br />
written approval <strong>of</strong> the Employer.<br />
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(f)<br />
(g)<br />
The Contractor shall procure the assignment <strong>of</strong> all rights, title and interest in<br />
any documents and other copyrights works created by subcontractors or<br />
other contributing parties in performance <strong>of</strong> its obligations under this Contract<br />
from those persons to the Employer.<br />
The Contractor grants the Employer a perpetual non-exclusive, nontransferable,<br />
royalty-free, irrevocable license to use, reproduce, modify and<br />
adapt the Contractor Background IP for the purpose <strong>of</strong> the Project.<br />
1.11 Moral Rights<br />
Moral Rights<br />
The Contractor shall procure at its own cost and risk from each Author express<br />
agreement that he or she will not enforce any Moral Rights that he or she may have<br />
presently or in the future, in the Contractor’s <strong>Document</strong>s, including by executing any<br />
Moral Rights consents or waivers required by the Employer.<br />
1.12 Confidential Details<br />
Confidential Details<br />
(a)<br />
(b)<br />
(c)<br />
The Contractor shall disclose all such confidential and other information as<br />
the Employer's Representative may reasonably require in order to verify the<br />
Contractor's compliance with the Contract.<br />
Subject to Sub-Clauses 1.12(c) and 1.12(d), the Contractor shall keep<br />
confidential and shall not, without the written consent <strong>of</strong> the Employer,<br />
disclose to any third party the terms and conditions <strong>of</strong> the Contract, or any<br />
documents or other information furnished directly or indirectly by either Party<br />
in connection with the Contract or the Works, irrespective <strong>of</strong> whether such<br />
information has been furnished prior to the making <strong>of</strong> the Contract or at any<br />
time (including following termination <strong>of</strong> the Contract). In addition, the<br />
Contractor shall not (without the prior written consent <strong>of</strong> the Employer) take,<br />
or authorise the taking <strong>of</strong>, any photograph <strong>of</strong> the Works or the Site for use in<br />
any publicity or advertising.<br />
Either Party shall be entitled to disclose the terms and conditions <strong>of</strong> the<br />
Contract and any documents and other information acquired by it under or<br />
pursuant to the Contract without the prior written consent <strong>of</strong> the other Party if<br />
such disclosure is made in good faith:<br />
(i)<br />
(ii)<br />
(iii)<br />
(iv)<br />
to the extent required by applicable Laws;<br />
to any insurer under a policy <strong>of</strong> insurance issued pursuant to the<br />
Contract;<br />
to its internal organs, including its directors, employees and <strong>of</strong>ficers<br />
and the General Assembly in the case <strong>of</strong> the Employer;<br />
to any Subcontractor, for the furtherance <strong>of</strong> the performance <strong>of</strong> that<br />
Party's obligations under the Contract;<br />
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(v)<br />
(vi)<br />
to outside consultants or advisers engaged by or on behalf <strong>of</strong> the<br />
disclosing Party and acting in that capacity in connection with the<br />
Works (including insurance, tax and legal advisers); or<br />
to the appropriate authorities <strong>of</strong> Member States pursuant to the<br />
Employer’s obligations under the Convention on the Privileges and<br />
Immunities <strong>of</strong> the United Nations.<br />
(d)<br />
The obligations <strong>of</strong> a Party under this Sub-Clause 1.12 shall not apply to<br />
information and documents which:<br />
(i)<br />
now or in the future have entered the public domain through no fault<br />
<strong>of</strong> that Party; or<br />
otherwise lawfully become available to that Party from a third party<br />
under no obligation <strong>of</strong> confidentiality.<br />
(e)<br />
This Sub-Clause 1.12 survives the completion, expiry or termination <strong>of</strong> the<br />
Contract.<br />
1.13 Compliance with Laws<br />
Compliance with Laws<br />
(a)<br />
(b)<br />
(c)<br />
(d)<br />
The Contractor undertakes that it shall, in executing the Works and<br />
performing all <strong>of</strong> its obligations under the Contract, comply with applicable<br />
Laws and that the Contractor's <strong>Document</strong>s and the completed Works, shall<br />
comply with applicable Laws.<br />
The Employer shall have obtained (or shall obtain) the permits, licences and<br />
approvals described in the Specification as being the responsibility <strong>of</strong> the<br />
Employer.<br />
The Contractor shall give all notices, pay all taxes, duties and fees,<br />
coordinate and procure all "no objection certificates" from all relevant<br />
Authorities and obtain all other permits, licences and approvals, as required<br />
by the Laws in relation to the execution and completion <strong>of</strong> the Works and the<br />
remedying <strong>of</strong> any defects, save for those permits, licences and approvals<br />
which are the responsibility <strong>of</strong> the Employer as referred to in Sub-Clause<br />
1.13(b).<br />
The Contractor shall complete the Works in accordance with the permits,<br />
licences and approvals referred to in Sub-Clause 1.13(b) and Sub-Clause<br />
1.13(c) and to the satisfaction <strong>of</strong> all relevant Authorities. The Contractor shall<br />
be responsible for arranging inspection by all relevant Authorities and for<br />
obtaining a "certificate <strong>of</strong> completion" (or its equivalent) from such Authorities<br />
and other approvals necessary to ensure completion <strong>of</strong> the Works in<br />
accordance with the Contract. The Contractor shall defend, indemnify and<br />
hold the Employer harmless against and from the consequences <strong>of</strong> any<br />
failure to comply with this Sub-Clause 1.13. In defending the Employer, the<br />
Contractor shall not enter into a settlement agreement without the prior<br />
written approval <strong>of</strong> the Employer.<br />
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1.14 Joint and Several Liability<br />
Joint and Several Liability<br />
If the Contractor constitutes (under applicable Laws) a joint venture, consortium or<br />
other unincorporated grouping <strong>of</strong> two or more entities or persons:<br />
(a)<br />
(b)<br />
(c)<br />
(d)<br />
these entities and/or persons shall be deemed to be jointly and severally<br />
liable to the Employer for the Works and performing all <strong>of</strong> the Contractor's<br />
obligations under the Contract;<br />
the Employer may proceed against any or all <strong>of</strong> these entities and/or persons<br />
for failure <strong>of</strong> the Contractor to comply with any obligation, whether arising<br />
under the Contract or otherwise;<br />
these entities or persons shall notify the Employer <strong>of</strong> the entity and/or<br />
persons, who shall have authority to bind the Contractor and each <strong>of</strong> these<br />
persons; and<br />
the Contractor shall not alter its composition or legal status without the prior<br />
written consent <strong>of</strong> the Employer.<br />
1.15 Sections<br />
Sections<br />
(a)<br />
The interpretations and application <strong>of</strong>:<br />
(i)<br />
(ii)<br />
(iii)<br />
(iv)<br />
(v)<br />
Time for Completion;<br />
Taking Over Certificate;<br />
Taken Over;<br />
Delay Damages; and<br />
Defects Notification Period,<br />
apply separately to each Section <strong>of</strong> the Works specified in the Schedule <strong>of</strong><br />
Sections or nominated as a Section by the Employer under Sub-Clause<br />
1.15(b), and references in the relevant definitions and clauses to the Works<br />
mean those parts <strong>of</strong> the Works comprised in the relevant Section.<br />
(b)<br />
In addition to Sections <strong>of</strong> the Works specified in the Schedule <strong>of</strong> Sections (if<br />
any), the Employer's Representative may, at any time, nominate a part <strong>of</strong> the<br />
Works to be an additional Section by requesting the Contractor to submit a<br />
proposal. The Employer’s Representative will clearly identify, for each<br />
additional Section, the:<br />
(i)<br />
(ii)<br />
portion <strong>of</strong> the Works; and<br />
the proposed Time for Completion for the nominated additional<br />
Section.<br />
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(c)<br />
If the Employer's Representative requests a proposal under Sub-Clause<br />
1.15(b), the Contractor, acting reasonably, shall respond in writing as soon as<br />
practicable and in any event within 14 days by submitting:<br />
(i)<br />
(ii)<br />
(iii)<br />
(iv)<br />
a description <strong>of</strong> the proposed amendments to the sequence <strong>of</strong> the<br />
works along with proposed additional resources and materials<br />
necessary to accelerate the Works (if any);<br />
the Contractor's proposal for any necessary modifications to the<br />
Contract Programme and to the Time for Completion for the whole <strong>of</strong><br />
the Works;<br />
the Contractor's proposal for adjustment to the Contract Price; and<br />
the Contractor's proposed amounts for Delay Damages having regard<br />
to the proportion <strong>of</strong> the Delay Damages for the whole <strong>of</strong> the Works<br />
attributable to the value <strong>of</strong> the Works for that Section.<br />
(d)<br />
(e)<br />
The Employer's Representative shall, as soon as practicable after receiving<br />
such proposal under Sub-Clause 1.15(c), respond with approval, disapproval<br />
or comments.<br />
If the Employer, in its sole discretion, elects to proceed with the additional<br />
Section, prior to the Contractor commencing any varied or additional work<br />
related to that Section, the Employer's Representative and the Contractor's<br />
Representative shall, acting reasonably, proceed to agree in writing as soon<br />
as possible:<br />
(i)<br />
(ii)<br />
(iii)<br />
(iv)<br />
(v)<br />
the scope and limits <strong>of</strong> the additional Section;<br />
the Time for Completion for the additional Section;<br />
the necessary modifications to the Contract Programme and/or an<br />
extension <strong>of</strong> time under Sub-Clause 8.4 [Extension <strong>of</strong> Time for<br />
Completion] to the Time for Completion <strong>of</strong> the whole <strong>of</strong> the Works (if<br />
any);<br />
payment <strong>of</strong> any Costs to be added to the Contract Price as a<br />
Variation; and<br />
the amount <strong>of</strong> Delay Damages for that Section having regard to the<br />
proportion <strong>of</strong> the Delay Damages for the whole <strong>of</strong> the Works<br />
attributable to the value <strong>of</strong> that Section.<br />
(f)<br />
Unless otherwise agreed in writing between the Parties, the Contractor shall<br />
not commence any varied or additional work related to an additional Section<br />
unless and until agreement has been reached between the Parties on the<br />
matters set out in Sub-Clause 1.15(e) in relation to that Section. Promptly<br />
after reaching any such agreement in writing, the Contractor shall proceed<br />
with the additional Section with due expedition and without delay.<br />
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1.16 Warranties as to capacity<br />
Warranties as to capacity<br />
(a)<br />
(b)<br />
The Employer warrants that it has the power to execute, deliver and perform<br />
its obligations under the Contract.<br />
The Contractor warrants that:<br />
(i)<br />
(ii)<br />
(iii)<br />
it has the power to execute, deliver and perform its obligations under<br />
the Contract and all necessary corporate and other action has been<br />
taken to authorise that execution, delivery and performance;<br />
it has obtained from all relevant Authorities all licences, permissions<br />
and consents required at the Date <strong>of</strong> the Contract in order for it to<br />
execute the Works and to perform all <strong>of</strong> its obligations under the<br />
Contract, except for those which are the express responsibility <strong>of</strong> the<br />
Employer under Sub-Clause 1.13(b); and<br />
it has the facilities, information technology, capability, experience,<br />
management expertise, financial resources, equipment, staff and<br />
other facilities necessarily required to execute the Works in a<br />
competent and expeditious manner and otherwise in accordance with<br />
the Contract.<br />
1.17 Registered or Licensed<br />
Registered or Licensed<br />
The Contractor shall at its cost:<br />
(a)<br />
(b)<br />
at all times during the performance <strong>of</strong> the Works be; and<br />
ensure that any person who performs any part <strong>of</strong> the Works is,<br />
registered and licensed as required by any applicable Laws and any Authority to<br />
execute the Works, including obtaining all permits, licences and approvals which the<br />
Contractor is required to obtain under Sub-Clause 1.13 [Compliance with Laws].<br />
1.18 Prior Work<br />
Prior Work<br />
(a)<br />
(b)<br />
The Contract applies to the execution <strong>of</strong> any works forming part <strong>of</strong> the Works,<br />
and the performance <strong>of</strong> any <strong>of</strong> the Contractor's obligations relating to the<br />
Works, carried out before, on or after the Date <strong>of</strong> the Contract.<br />
Where the Contractor has undertaken any design, services or works in<br />
connection with the Works prior to the Date <strong>of</strong> the Contract, the Contractor<br />
warrants to the Employer that such activities have been carried out in<br />
accordance with the requirements <strong>of</strong> the Contract and confirms that all the<br />
warranties, obligations and liabilities <strong>of</strong> the Contractor under or in connection<br />
with the Contract apply to such design, services or works.<br />
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(c)<br />
Unless otherwise specified in the Contract, such prior design, services or<br />
works in connection with the Works are subject to the terms <strong>of</strong> the Contract<br />
and are deemed to be included in the Contract Price.<br />
1.19 Entire Agreement<br />
Entire Agreement<br />
The Contract constitutes the entire agreement between the Employer and the<br />
Contractor with respect to the subject matter <strong>of</strong> the Contract and supersedes all prior<br />
arrangements, representations, communications, negotiations, agreements and<br />
contracts (whether written or oral) made between or entered into by the Parties with<br />
respect to the subject matter <strong>of</strong> the Contract prior to the Date <strong>of</strong> the Contract.<br />
1.20 Severability<br />
Severability<br />
If the enforcement or operation <strong>of</strong> any provision, or part there<strong>of</strong>, <strong>of</strong> the Contract is<br />
prohibited by Law or if any provision, or part there<strong>of</strong>, <strong>of</strong> the Contract is by Law<br />
rendered void, invalid or unenforceable, such prohibition, voidness, invalidity or<br />
unenforceability shall not affect the validity or enforceability <strong>of</strong> the rest <strong>of</strong> that<br />
provision and/or any other provisions and conditions <strong>of</strong> the Contract.<br />
1.21 Counterparts<br />
Counterparts<br />
The Contract may be executed in any number <strong>of</strong> counterparts, all <strong>of</strong> which when<br />
taken together shall constitute the one and the same instrument.<br />
1.22 Independent Contractor<br />
Independent Contractor<br />
1.23 Privity<br />
Privity<br />
The Contractor shall be an independent contractor performing the Contract. The<br />
Contract does not create any partnership, joint venture or other joint relationship<br />
between the Employer on the one hand and the Contractor on the other hand.<br />
No provision <strong>of</strong> the Contract is intended to or does confer upon any third party<br />
(including any Subcontractor) any implied benefit or right enforceable at the option <strong>of</strong><br />
the third party against the Employer.<br />
1.24 Waiver<br />
Waiver<br />
(a)<br />
None <strong>of</strong> the terms, provisions or conditions <strong>of</strong> the Contract shall be<br />
considered waived by the Employer unless a waiver is given in writing by the<br />
Employer.<br />
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(b)<br />
Any waiver <strong>of</strong> the Employer's rights, powers or remedies under the Contract<br />
shall be dated and signed by an authorised representative <strong>of</strong> the Employer<br />
granting such waiver, and shall specify the right and the extent to which it is<br />
being waived. For the avoidance <strong>of</strong> doubt, any waiver <strong>of</strong> any <strong>of</strong> the<br />
Employer’s rights, powers or remedies in accordance with this Clause is<br />
without prejudice to the privileges and immunities <strong>of</strong> the United Nations, <strong>of</strong><br />
which the Employer is an integral part, as expressly reserved under Clause<br />
21 <strong>of</strong> the Contract.<br />
1.25 Publicity and Use <strong>of</strong> the Name, Emblem or <strong>of</strong>ficial Seal <strong>of</strong> the Employer and the United<br />
Nations<br />
Publicity and Use <strong>of</strong> the Name, Emblem or <strong>of</strong>ficial Seal <strong>of</strong> the Employer and the United Nations<br />
The Contractor shall not advertise or otherwise make public for purposes <strong>of</strong><br />
commercial advantage or goodwill that it has a contractual relationship with the<br />
Employer, nor shall the Contractor, in any manner whatsoever use the name,<br />
emblem or <strong>of</strong>ficial seal <strong>of</strong> the Employer or the United Nations, or any abbreviation <strong>of</strong><br />
the Employer’s name or the United Nations in connection with its business or<br />
otherwise without the written permission <strong>of</strong> the Employer. This Sub-Clause 1.12<br />
survives the completion, expiry or termination <strong>of</strong> the Contract.<br />
2. THE EMPLOYER<br />
2.1 Right <strong>of</strong> Access to the Site<br />
Right <strong>of</strong> Access to the Site<br />
(a)<br />
(b)<br />
(c)<br />
Unless otherwise specified in the Contract, the Employer shall give the<br />
Contractor right <strong>of</strong> access to, and non-exclusive possession <strong>of</strong>, those parts <strong>of</strong><br />
the Site set out in the Schedule <strong>of</strong> Site Plan within the time (or times) stated<br />
in the Schedule <strong>of</strong> Details, and subject to any staged or shared access<br />
restrictions as specified in the Schedule <strong>of</strong> Site Plan. The right <strong>of</strong> access and<br />
possession is not exclusive to the Contractor. If, under the Contract, the<br />
Employer is required to give (to the Contractor) possession <strong>of</strong> any foundation,<br />
structure, plant or means <strong>of</strong> access, the Employer shall do so in the time and<br />
manner stated in the Schedule <strong>of</strong> Details and/or the Specification. The<br />
Employer may withhold any right <strong>of</strong> access or possession until it has received<br />
the Bank Guarantee for performance from the Contractor.<br />
If no such time is stated in the Schedule <strong>of</strong> Details or the Schedule <strong>of</strong> Site<br />
Plan, the Employer shall give the Contractor right <strong>of</strong> access to, and<br />
possession <strong>of</strong>, the Site (or part there<strong>of</strong>) within such times as may be<br />
reasonably required to enable the Contractor to proceed in accordance with<br />
the Approved Preliminary Programme.<br />
If the Contractor suffers delay and/or incurs Costs as a result <strong>of</strong> a failure by<br />
the Employer to give any such right or possession within such time, the<br />
Contractor shall give a Claim Notice to the Employer's Representative and<br />
shall be entitled subject to Sub-Clause 20.1 [Contractor's Claims] to:<br />
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(i)<br />
(ii)<br />
an extension <strong>of</strong> time for any such delay, if completion is or will be<br />
delayed, under Sub-Clause 8.4 [Extension <strong>of</strong> Time for Completion];<br />
and<br />
payment <strong>of</strong> any such Costs, which shall be added to the Contract<br />
Price as a Variation.<br />
(d)<br />
After receiving the Claim Notice under Sub-Clause 2.1(c), the Employer's<br />
Representative shall proceed in accordance with Sub-Clause 20.1<br />
[Contractor's Claims] and Sub-Clause 3.5 [Determinations] to agree or<br />
determine the matters set out in Sub-Clause 2.1(c). If and to the extent that<br />
the Employer's failure was caused by any error or delay by the Contractor,<br />
including an error in, or delay in the submission <strong>of</strong> any <strong>of</strong> the Bank Guarantee<br />
for performance, the parent company guarantee (if requested) or the<br />
Contractor's <strong>Document</strong>s, or delay in the Contractor obtaining the requisite "no<br />
objection certificates", licences and registration from the relevant Authorities<br />
necessary for the proper performance <strong>of</strong> the Works, the Contractor shall not<br />
be entitled to such extension <strong>of</strong> time or payment <strong>of</strong> Costs or to make any<br />
other related claim against the Employer (whether under the Contract or<br />
otherwise).<br />
2.2 Permits, Licences or Approvals<br />
Permits, Licences or Approvals<br />
The Employer shall (where it is in a position to do so) provide reasonable assistance<br />
to the Contractor, at the request <strong>of</strong> the Contractor, in the application for any permits<br />
or approvals required by Law:<br />
(a) which the Contractor is required to obtain under Sub-Clause 1.13<br />
[Compliance with Laws];<br />
(b)<br />
(c)<br />
for the delivery <strong>of</strong> Goods, including clearance through customs; and<br />
for the export <strong>of</strong> Contractor's Equipment when it is removed from the Site.<br />
2.3 Employer's Personnel<br />
Employer's Personnel<br />
The Employer shall be responsible for ensuring that the Employer's Personnel:<br />
(a)<br />
(b)<br />
co-operate with the Contractor's efforts under Sub-Clause 4.6 [Co-operation];<br />
and<br />
take actions similar to those which the Contractor is required to take under<br />
Sub-Clauses 4.8(a), (b) and (c) and Sub-Clause 4.18 [Protection <strong>of</strong> the<br />
Environment].<br />
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3. THE EMPLOYER'S ADMINISTRATION<br />
3.1 The Employer's Representative<br />
The Employer's Representative<br />
(a)<br />
(b)<br />
(c)<br />
The Employer shall appoint the Employer's Representative who shall carry<br />
out the duties assigned to it in the Contract. The Employer's Representative<br />
shall have no authority to amend the terms <strong>of</strong> the Contract unless an<br />
amendment is authorised and approved in writing by the Employer.<br />
The Employer's Representative may exercise the authority attributable to it as<br />
specified in or necessarily to be implied from the Contract.<br />
Except as otherwise stated in the Contract:<br />
(i)<br />
(ii)<br />
(iii)<br />
(iv)<br />
(v)<br />
whenever carrying out duties or exercising authority, specified in or<br />
implied by the Contract, the Employer's Representative shall be<br />
deemed to act as an agent <strong>of</strong> the Employer;<br />
the Employer's Representative shall have no authority to relieve the<br />
Contractor <strong>of</strong> any duties, obligations or responsibilities under the<br />
Contract without written authorisation and approval from the<br />
Employer;<br />
no approval, comment, check, certificate, consent, examination,<br />
inspection, instruction, notice, proposal, request, test or similar act<br />
(including absence <strong>of</strong> disapproval or comment) by or on behalf <strong>of</strong> the<br />
Employer, Employer's Representative or the Employer's Personnel<br />
shall relieve the Contractor from any <strong>of</strong> its warranties, obligations or<br />
liabilities under or in connection with the Contract, including<br />
responsibility or liability for error, omissions, discrepancies, defects<br />
and non-compliances;<br />
any failure to disapprove any Work, Plant or Materials shall not<br />
constitute approval, and shall therefore not prejudice the right <strong>of</strong> the<br />
Employer to reject the Work, Plant or Materials; and<br />
if the Contractor questions any determination or instruction <strong>of</strong> the<br />
Employer's Representative or the Employer's Personnel (including,<br />
without limitation, the authority <strong>of</strong> the person to make such<br />
determination or instruction), the Contractor may refer the matter to<br />
the Employer. The Employer shall promptly confirm, reverse or vary<br />
the determination or instruction.<br />
3.2 Employer's Representative's Assistant and Employer's Representative's Consultant<br />
Employer's Representative's Assistant and Employer's Representative's Consultant<br />
(a)<br />
The Employer's Representative may from time to time assign duties and<br />
delegate authority to the Employer's Representative's Assistant, and may<br />
also revoke such assignment or delegation. The assignment, delegation or<br />
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revocation shall be in writing and shall not take effect until such formal notice<br />
has been given to the Contractor.<br />
(b)<br />
The Employer's Representative and/or the Employer's Representative's<br />
Assistant may from time to time assign duties and delegate authority to the<br />
Employer's Representative's Consultant, and may also revoke such<br />
assignment or delegation. The assignment, delegation or revocation shall be<br />
in writing and shall not take effect until such formal notice has been given to<br />
the Contractor.<br />
(c) The Employer's Representative's Assistant and or the Employer's<br />
Representative's Consultant shall only be authorised to issue instructions to<br />
the Contractor to the extent defined by the delegation. Any authorisation,<br />
approval, check, certificate, consent, examination, inspection, instruction,<br />
notice, proposal, request, test or similar act by the Employer's<br />
Representative's Assistant and or the Employer's Representative's<br />
Consultant(s), in accordance with the authorised delegation, shall have the<br />
same effect as though the act had been an act <strong>of</strong> the Employer's<br />
Representative. The Contractor shall only take instructions from the<br />
Employer's Personnel to whom the appropriate authority has been delegated<br />
under this Clause 3.<br />
3.3 Instructions<br />
Instructions<br />
(a)<br />
(b)<br />
(c)<br />
The Employer and the Employer’s Representative may issue to the<br />
Contractor (at any time) instructions which may be necessary for the<br />
execution <strong>of</strong> the Works and the remedying <strong>of</strong> any defects, all in accordance<br />
with the Contract. The Contractor shall take instructions from the Employer<br />
and the Employer’s Representative (and the Employer's Personnel to whom<br />
the appropriate authority has been delegated under this Clause 3).<br />
Subject to Sub-Clause 3.3(c), all instructions shall be given in writing. The<br />
Contractor shall comply with the instructions given by the Employer and the<br />
Employer’s Representative (and the Employer's Personnel to whom the<br />
appropriate authority has been delegated under this Clause 3), with due<br />
expedition and without delay.<br />
Verbal instructions may only be given by the Employer and the Employer’s<br />
Representative (and the Employer's Personnel to whom the appropriate<br />
authority has been delegated under this Clause 3) in an emergency or where<br />
the Employer or the Employer’s Representative considers that there is a risk<br />
<strong>of</strong> damage or injury to the Works or any person, provided written instruction<br />
confirming the verbal instruction is issued within 48 hours.<br />
3.4 Not Used<br />
Not Used<br />
3.5 Determinations<br />
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Determinations<br />
(a) Whenever these General Conditions provide that the Employer's<br />
Representative shall proceed in accordance with this Sub-Clause 3.5 to<br />
agree or determine any matter, the Employer's Representative shall consult<br />
with each Party in an endeavour to reach agreement. If agreement is not<br />
achieved, the Employer's Representative shall make a determination in<br />
accordance with the Contract, taking due regard <strong>of</strong> all relevant<br />
circumstances.<br />
(b)<br />
The Employer's Representative shall give written notice to both Parties <strong>of</strong><br />
each agreement or determination. Each Party shall give effect to each<br />
agreement or determination unless and until revised under Clause 20<br />
[Claims, Disputes and Arbitration].<br />
4. THE CONTRACTOR<br />
4.1 Contractor's General Obligations<br />
Contractor's General Obligations<br />
(a)<br />
(b)<br />
(c)<br />
(d)<br />
(e)<br />
The Contractor shall design (to the extent specified in the Contract), execute,<br />
test, commission and complete the Works in accordance with the Contract<br />
and with the Employer's Personnel's instructions, and shall remedy any<br />
defects in the Works.<br />
The Contractor shall provide the Plant and Contractor's <strong>Document</strong>s specified<br />
in the Contract, and all Contractor's Personnel, Goods, consumables and<br />
other things and services, whether <strong>of</strong> a temporary or permanent nature,<br />
required in and for the design, execution, completion <strong>of</strong>, and remedying <strong>of</strong><br />
defects in, the Works.<br />
The Contractor shall undertake all works which are necessary to satisfy the<br />
Specifications and the Drawings, or can be implied from the Contract, and all<br />
other works which (although not expressly mentioned in the Contract) are<br />
necessary for the stability and/or for the completion, and/or safe and proper<br />
operation <strong>of</strong> the Works.<br />
The Contractor shall be responsible for the adequacy, stability and safety <strong>of</strong><br />
all Site operations and all methods <strong>of</strong> construction in performing the Works.<br />
The Contractor shall be responsible for all Contractor's <strong>Document</strong>s,<br />
Temporary Works, and such design <strong>of</strong> each item <strong>of</strong> Plant and Materials as is<br />
required for the item to be in accordance with the Contract.<br />
The Contractor shall, before any part <strong>of</strong> the Works is commenced, submit to<br />
the Employer's Representative, details <strong>of</strong> the arrangements and methods<br />
which the Contractor proposes to adopt for the execution <strong>of</strong> the Works. No<br />
significant alteration to these arrangements and methods shall be made<br />
without this having previously been notified in writing to the Employer's<br />
Representative, except in the case <strong>of</strong> an emergency or where the Contractor<br />
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reasonably considers that there is a risk <strong>of</strong> damage or injury to the Works or<br />
any person. In such case, notification <strong>of</strong> the alteration shall be issued within<br />
48 hours.<br />
(f)<br />
(g)<br />
Nothing in the Contract will be construed to authorise the Contractor to effect<br />
any unilateral change in the execution <strong>of</strong> the Works, the Contract Price and/or<br />
the Contract without the Employer's Representative's prior written approval.<br />
If the Contract specifies, or the Employer's Representative otherwise issues<br />
an instruction in accordance with Sub-Clause 3.3 [Instructions] requiring that<br />
the Contractor shall design any Section or part <strong>of</strong> the Works, then unless<br />
otherwise stated in the Contract:<br />
(i)<br />
(ii)<br />
(iii)<br />
(iv)<br />
the Contractor shall submit to the Employer's Representative the<br />
Contractor's <strong>Document</strong>s, for this Section or part <strong>of</strong> the Works in<br />
accordance with the Contract, including the procedures specified in<br />
Sub-Clauses 4.1(h) and 4.1(i) and the Specification;<br />
these Contractor's <strong>Document</strong>s shall be in accordance with the<br />
Specification and Drawings, shall be written in English, and shall<br />
include additional information required by the Employer's<br />
Representative to add to the Drawings for co-ordination <strong>of</strong> each<br />
Party's designs;<br />
the Contractor shall be responsible for the design and construction <strong>of</strong><br />
these Sections or parts <strong>of</strong> the Works, which shall, when completed,<br />
be fit for such purposes for which the Sections or parts <strong>of</strong> the Works<br />
are intended as specified in the Contract; and<br />
prior to the commencement <strong>of</strong> the Tests on Completion, the<br />
Contractor shall submit to the Employer's Representative the<br />
Contractor's <strong>Document</strong>s, the "as-built" documents and operation and<br />
maintenance manuals in accordance with the Specification and/or the<br />
Employer's Representatives instructions, and in sufficient detail for the<br />
Employer to operate, maintain, dismantle, reassemble, adjust and<br />
repair this Section or part <strong>of</strong> the Works. Such Sections or parts <strong>of</strong> the<br />
Works shall not be considered to be completed for the purposes <strong>of</strong><br />
being Taken Over under Sub-Clause 10.1 [Taking Over <strong>of</strong> the Works<br />
and Sections] until these documents and manuals have been<br />
submitted to the Employer's Representative.<br />
(h)<br />
When preparing the Contractor's <strong>Document</strong>s in accordance with Sub-Clause<br />
4.1(g), the Contractor shall:<br />
(i)<br />
give the Employer’s Representative, for its review, 4 copies <strong>of</strong>:<br />
the Contractor's <strong>Document</strong>s by the dates, or within the times, set out<br />
in the Contract or as otherwise agreed in writing between the<br />
Parties; and<br />
any amendments proposed to the Contractor's <strong>Document</strong>s; and<br />
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allow 20 days for the Employer’s Representative to review and<br />
comment on Contractor's <strong>Document</strong>s or the amended<br />
Contractor's <strong>Document</strong>s as the case may be; and<br />
(ii)<br />
if the Employer’s Representative gives the Contractor a written notice,<br />
within the time allowed for its review, stating that the Contractor's<br />
<strong>Document</strong>s, or any amended Contractor's <strong>Document</strong>s, is not<br />
acceptable or not in accordance with the Contract:<br />
amend that Contractor's <strong>Document</strong>s so that it complies with the<br />
Contract;<br />
promptly submit the amended Contractor's <strong>Document</strong>s to the<br />
Employer for its review; and<br />
allow 20 days for the Employer’s Representative to review and<br />
comment on the amended Contractor's <strong>Document</strong>s.<br />
(i)<br />
Any amendment, which the Contractor proposes to any Contractor's<br />
<strong>Document</strong>s, shall be promptly submitted to the Employer, with details <strong>of</strong>:<br />
(i)<br />
(ii)<br />
the proposed amendment; and<br />
the reasons for the proposed amendment,<br />
together with any other information and supporting documentation the<br />
Employer’s Representative reasonably requires. If the Contractor proposes a<br />
change to the Contractor's <strong>Document</strong>s that has previously been submitted<br />
under Sub-Clause 4.1(h) then it shall resubmit the proposed amendment in<br />
accordance with the procedures set out in Sub-Clause 4.1(h).<br />
(j)<br />
(k)<br />
For the avoidance <strong>of</strong> doubt, any review or approval <strong>of</strong>, or any comment on,<br />
any Contractor's <strong>Document</strong>s by, or on behalf <strong>of</strong>, the Employer in accordance<br />
with the Contract is solely to monitor the performance <strong>of</strong> the Contractor. No<br />
approval, comment or review or similar act (including the absence <strong>of</strong><br />
disapproval, comment or review) by or on behalf <strong>of</strong> the Employer, Employer's<br />
Representative or the Employer's Personnel shall relieve the Contractor from<br />
any <strong>of</strong> its warranties, obligations or liabilities under or in connection with the<br />
Contract, including responsibility or liability for error, omissions,<br />
discrepancies, defects and non-compliances in the Contractor's <strong>Document</strong>s.<br />
Any failure to disapprove any Contractor's <strong>Document</strong>s shall not constitute<br />
approval, and shall therefore not prejudice the right <strong>of</strong> the Employer to reject<br />
the Contractor's <strong>Document</strong>s under this Sub-Clause or otherwise under the<br />
Contract.<br />
To the extent that the Contractor is required to design any Section or part <strong>of</strong><br />
the Works in accordance with Sub-Clause 4.1(g) or otherwise under the<br />
Contract, the Contractor shall:<br />
(i)<br />
design the Works in accordance with Industry Best Practices, the Law<br />
and the requirements <strong>of</strong> all relevant Authorities;<br />
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(ii)<br />
(iii)<br />
(iv)<br />
ensure such design is prepared by appropriately and pr<strong>of</strong>essionally<br />
qualified and experienced designers in accordance with Industry Best<br />
Practices, the Law and the requirements <strong>of</strong> all relevant Authorities<br />
and who shall also comply with the additional criteria (if any) stated in<br />
the Specification;<br />
if requested by the Employer's Representative, within 7 days, submit<br />
to the Employer's Representative for its consent, the names and<br />
particulars <strong>of</strong> each member <strong>of</strong> the Contractor's design team, including<br />
the details <strong>of</strong> each team members pr<strong>of</strong>essional qualifications and<br />
experience; and<br />
warrant that its design <strong>of</strong> any Section or part <strong>of</strong> the Works:<br />
(A)<br />
(B)<br />
(C)<br />
(D)<br />
are fit for such purposes for which the Section or part <strong>of</strong> the<br />
Works is intended as are specified in the Contract;<br />
is in accordance with Industry Best Practices;<br />
is in accordance with all Laws and requirements <strong>of</strong> all relevant<br />
Authorities; and<br />
fulfils the other requirements <strong>of</strong> the Contract.<br />
4.2 Bank Guarantee for Performance<br />
Bank Guarantee for Performance<br />
(a)<br />
(b)<br />
(c)<br />
Unless otherwise stated in the Schedule <strong>of</strong> Details, the Contractor shall<br />
obtain (at its cost) an unconditional and irrevocable Bank Guarantee for<br />
performance. The Bank Guarantee for performance shall be for the amount<br />
and currency specified in the Schedule <strong>of</strong> Details. Unless otherwise specified<br />
in the Contract, the Contractor shall deliver the Bank Guarantee for<br />
performance to the Employer within 14 days after the Date <strong>of</strong> the Contract,<br />
and shall send a copy to the Employer's Representative. The Bank<br />
Guarantee for performance shall be issued by a leading and accredited bank<br />
approved by the Employer and shall be based on the terms and in the form<br />
set out in the Schedule <strong>of</strong> Forms <strong>of</strong> Security.<br />
Despite any other provision <strong>of</strong> the Contract, compliance with Sub-Clause<br />
4.2(a) is a condition precedent to the entitlement <strong>of</strong> the Contractor to receive<br />
any payment from the Employer under the Contract and no payment shall be<br />
due or payable until Sub-Clause 4.2(a) is satisfied.<br />
If at any time the measured quantity <strong>of</strong> one item or multiple items increases<br />
from the quantity <strong>of</strong> this item or items recorded in the Bill <strong>of</strong> Quantities and<br />
this change in quantities multiplied by such specified rate for this item would<br />
result in the increase in the Accepted Contract Amount by more than 5%, or if<br />
the Accepted Contract Amount increases by more than 5% whether because<br />
<strong>of</strong> one increase or multiple increases as a result <strong>of</strong> approved Variations, the<br />
Contractor shall provide an additional unconditional and irrevocable Bank<br />
Guarantee for performance from a leading and accredited bank approved by<br />
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the Employer and in the form set out in the Schedule <strong>of</strong> Forms <strong>of</strong> Security<br />
equal to the amount specified in the Schedule <strong>of</strong> Details.<br />
(d)<br />
(e)<br />
(f)<br />
(g)<br />
(h)<br />
(i)<br />
Unless otherwise specified in the Contract, the Contractor shall deliver the<br />
additional Bank Guarantee for performance to the Employer within 14 days <strong>of</strong><br />
any approved increase to the Contract Price as contemplated under Sub-<br />
Clause 4.2(c), and shall send a copy to the Employer's Representative.<br />
All fees, taxes and expenses associated with procuring, preparing,<br />
completing, extending, replacing and stamping (if applicable) each <strong>of</strong> the<br />
Bank Guarantees for performance shall be paid by the Contractor.<br />
If the Contractor is a subsidiary <strong>of</strong> another corporation, the Contractor shall, if<br />
requested by the Employer in its absolute discretion, arrange for its ultimate<br />
parent company or any other parent company as the Employer may approve<br />
in its absolute discretion, to provide a parent company guarantee in the form<br />
set out in the Schedule <strong>of</strong> Forms <strong>of</strong> Security.<br />
Where the Contractor comprises a consortium <strong>of</strong> two or more entities, they<br />
shall all cause their respective ultimate parent companies (or other parent<br />
company or parent companies approved by the Employer in its absolute<br />
discretion) to provide a joint and several parent company guarantee in<br />
accordance with Sub-Clause 4.2(f).<br />
The Contractor shall, if requested by the Employer, in its absolute discretion<br />
also deliver to the Employer a legal opinion in relation to the guarantor’s<br />
obligations under the parent company guarantee provided under Sub-Clause<br />
4.2(f) or Sub-Clause 4.2(g), if any, and whichever is applicable, in the form<br />
set out in the Schedule <strong>of</strong> Forms <strong>of</strong> Security from a legal advisor approved by<br />
the Employer.<br />
The Contractor shall, if requested by the Employer, in its absolute discretion<br />
provide to the Employer financial or other information the Employer may<br />
require to satisfy itself that the parent company is an appropriate entity with<br />
sufficient means to satisfy the parent company guarantee.<br />
4.3 Contractor's Representative<br />
Contractor's Representative<br />
(a)<br />
(b)<br />
(c)<br />
The Contractor shall appoint the Contractor's Representative and shall give it<br />
all authority necessary to act on the Contractor's behalf under the Contract.<br />
Unless the Contractor’s Representative is named in the Schedule <strong>of</strong> Details,<br />
the Contractor shall submit to the Employer’s Representative for consent the<br />
name and particulars <strong>of</strong> the person the Contractor proposes to appoint as the<br />
Contractor’s Representative.<br />
If consent is withheld or subsequently revoked, or if the appointed person fails<br />
to act as the Contractor's Representative, the Contractor shall similarly<br />
submit the name and particulars <strong>of</strong> another suitable person for such<br />
appointment. The Contractor shall not, without the prior written consent <strong>of</strong><br />
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the Employer's Representative, revoke the appointment <strong>of</strong> the Contractor's<br />
Representative or appoint a replacement.<br />
(d)<br />
(e)<br />
(f)<br />
(g)<br />
If the Contractor's Representative is to be temporarily absent during the<br />
execution <strong>of</strong> the Works, a suitable replacement person shall be appointed,<br />
subject to the Employer's Representative's prior written consent, and the<br />
Employer's Representative shall be notified accordingly.<br />
The Contractor's Representative shall, on behalf <strong>of</strong> the Contractor, receive<br />
instructions under Sub-Clause 3.3 [Instructions].<br />
The Contractor's Representative may delegate any powers, functions and<br />
authority to any competent person, and may at any time revoke the<br />
delegation. Any delegation or revocation shall not take effect until the<br />
Employer's Representative has received prior notice signed by the<br />
Contractor's Representative, naming the person and specifying the powers,<br />
functions and authority being delegated or revoked.<br />
The Contractor's Representative and all the persons mentioned in Sub-<br />
Clause 4.3(f) shall be fluent in the language stated under Sub-Clause 1.4.<br />
4.4 Subcontractors<br />
Subcontractors<br />
(a)<br />
(b)<br />
The Contractor shall not subcontract the whole <strong>of</strong> the Works. The Contractor<br />
shall only subcontract part <strong>of</strong> the Works to a Subcontractor with the prior<br />
written consent <strong>of</strong> the Employer’s Representative, except that such consent is<br />
not required for Permitted Subcontractors or Nominated Subcontractors.<br />
For the purposes <strong>of</strong> obtaining the Employer's Representative’s prior written<br />
consent, the Contractor shall give the Employer’s Representative detailed<br />
particulars <strong>of</strong> any proposed Subcontractor, which shall include:<br />
(i)<br />
(ii)<br />
(iii)<br />
the relevant experience <strong>of</strong> the proposed Subcontractor;<br />
the proposed terms and conditions <strong>of</strong> the subcontract; and<br />
financial or other information that the Employer’s Representative may<br />
require to satisfy itself that the proposed Subcontractor is an<br />
appropriate entity to execute the relevant part <strong>of</strong> the Works.<br />
(c)<br />
(d)<br />
Any such consent by the Employer’s Representative shall not relieve the<br />
Contractor from any <strong>of</strong> its warranties, obligations or liabilities under or in<br />
connection with the Contract and it shall be responsible for the acts,<br />
omissions or defaults <strong>of</strong> any Subcontractor (including, without limitation, any<br />
Permitted Subcontractor or Nominated Subcontractor), its agents or<br />
employees, as if they were the acts, omissions or defaults <strong>of</strong> the Contractor.<br />
The Contractor shall give the Employer’s Representative notice <strong>of</strong>:<br />
(i)<br />
the intended commencement <strong>of</strong> each Subcontractor's work (such<br />
notice not to be less than 28 days) or as otherwise agreed in writing<br />
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by the Parties; and<br />
(ii)<br />
the commencement <strong>of</strong> each Subcontractor's work on the Site.<br />
(e)<br />
The Contractor shall ensure that each subcontract includes provisions that<br />
require the Subcontractor, or the Contractor, as applicable, to enter into:<br />
(i)<br />
(ii)<br />
a collateral warranty; and<br />
a subcontractor side agreement,<br />
at the request <strong>of</strong> the Employer’s Representative, in accordance with Sub-<br />
Clauses 4.4(f) and 4.4(g).<br />
(f)<br />
(g)<br />
(h)<br />
(i)<br />
(j)<br />
(k)<br />
The Contractor shall, within 14 days <strong>of</strong> request by the Employer’s<br />
Representative, procure that any Subcontractor shall enter into a collateral<br />
warranty in favour <strong>of</strong> the Employer, and such collateral warranty shall be in<br />
the form and on terms set out in the Schedule <strong>of</strong> Forms <strong>of</strong> Collateral Warranty<br />
or in such other no more onerous form as the Employer may reasonably<br />
require.<br />
The Contractor shall, within 14 days <strong>of</strong> request by the Employer’s<br />
Representative, procure that any Subcontractor shall enter into a side<br />
agreement in favour <strong>of</strong> the Employer, and such agreement shall be in the<br />
form and on terms set out in the Schedule <strong>of</strong> Form <strong>of</strong> Subcontractor Side<br />
Agreement or in such other no more onerous form as the Employer may<br />
reasonably require.<br />
The Parties agree that if the Employer or the Employer's Representative<br />
becomes aware that a Subcontractor is entitled to suspend work under a<br />
subcontract or terminate a subcontract due to the Contractor's failure to make<br />
payment in accordance with the terms <strong>of</strong> the subcontract, and the Employer's<br />
Representative gives the Contractor written notice 72 hours before it intends<br />
to pay, the Employer may, in its absolute discretion, pay that Subcontractor<br />
such money that the Employer determines is, or may be, owing to the<br />
Subcontractor for subcontract work forming part <strong>of</strong> the Works and the<br />
Employer may recover any such amount paid as a debt due from the<br />
Contractor to the Employer.<br />
The Contractor shall defend, hold harmless and indemnify the Employer<br />
against any loss, damage, cost or expense, suffered or incurred by the<br />
Employer arising out <strong>of</strong> a failure by the Contractor to make payment in<br />
accordance with any subcontract. In defending the Employer, the<br />
Contractor shall not enter into a settlement agreement without the prior<br />
written approval <strong>of</strong> the Employer.<br />
If a payment is made by the Employer to or in respect <strong>of</strong> a worker or<br />
Subcontractor in compliance with a Law or arbitral order, the amount paid will<br />
be a debt due from the Contractor to the Employer.<br />
The Employer may at any time deduct from any monies which are or may be<br />
payable to the Contractor (including security), any sums which may be or are<br />
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4.5 Not Used<br />
Not Used<br />
4.6 Co-operation<br />
Co-operation<br />
payable by the Contractor to the Employer pursuant to this Clause 4. Nothing<br />
in this Clause 4 affects the right <strong>of</strong> the Employer to recover from the<br />
Contractor, the whole <strong>of</strong> the debt or any balance that remains owing after any<br />
deduction.<br />
(a)<br />
The Contractor shall allow opportunities for carrying out work to:<br />
(i)<br />
(ii)<br />
(iii)<br />
the Employer's Personnel (and their respective labour, employees<br />
and agents);<br />
any other contractors or consultants employed by the Employer; and<br />
the personnel <strong>of</strong> any Authority,<br />
who may be employed in the execution on or near the Site <strong>of</strong> any work not<br />
included in the Contract, and the Contractor shall co-ordinate the execution <strong>of</strong><br />
the Works with the activities <strong>of</strong> such other parties.<br />
(b)<br />
(c)<br />
(d)<br />
(e)<br />
(f)<br />
Services for these personnel and other contractors may include the use <strong>of</strong> the<br />
Contractor's Equipment, Temporary Works or access arrangements which<br />
are the responsibility <strong>of</strong> the Contractor.<br />
Subject to Sub-Clause 4.6(d), the Contractor shall be responsible for its<br />
construction activities on the Site, and for coordinating and interfacing its own<br />
activities and the execution <strong>of</strong> the Works with the activities and/or works <strong>of</strong><br />
those parties listed in Sub-Clause 4.6(a).<br />
In the event that the Contractor and the persons listed in Sub-Clause 4.6(a)<br />
cannot, by all reasonable means, reach agreement on co-ordinating these<br />
activities and/or works, the Employer's Representative shall be entitled to<br />
instruct the Contractor as to the co-ordination <strong>of</strong> such activities in accordance<br />
with Sub-Clause 3.3 [Instructions].<br />
The Contractor shall indemnify the Employer against any claims <strong>of</strong> the<br />
persons listed in Sub-Clause 4.6(a) for any cost or expense incurred by the<br />
Employer as a result <strong>of</strong> the Contractor's failure to comply with its obligations<br />
under this Sub-Clause 4.6.<br />
Notwithstanding any other provision <strong>of</strong> the Contract, the Contractor is not<br />
entitled to an extension <strong>of</strong> time or any increase to the Contract Price for cooperating<br />
with those parties listed in Sub-Clause 4.6(a) or co-ordinating and<br />
interfacing the Contractor's activities and the execution <strong>of</strong> the Works with the<br />
activities and/or works <strong>of</strong> those parties listed in Sub-Clause 4.6(a), or<br />
otherwise in connection with the Contractor's obligations under this Sub-<br />
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Clause 4.6, except to the extent that the co-operation or co-ordination and<br />
interface was Unforeseeable.<br />
(g)<br />
If the Contractor suffers delay and/or incurs Costs as a result <strong>of</strong> an<br />
Unforeseeable event related to co-operating, co-ordinating or interfacing with<br />
those parties listed in Sub-Clause 4.6(a), and the Contractor could not<br />
reasonably have avoided this delay and/or Cost, then the Contractor shall<br />
give a Claim Notice to the Employer's Representative and shall be entitled<br />
subject to Sub-Clause 20.1 [Contractor's Claims] to:<br />
(i)<br />
(ii)<br />
an extension <strong>of</strong> time for any such delay, if completion is or will be<br />
delayed, under Sub-Clause 8.4 [Extension <strong>of</strong> Time for Completion];<br />
and<br />
payment <strong>of</strong> any such Cost, which shall be added to the Contract Price<br />
as a Variation.<br />
(h)<br />
After receiving the notice under Sub-Clause 4.6(g), the Employer's<br />
Representative shall proceed in accordance with Sub-Clause 20.1<br />
[Contractor's Claims] and Sub-Clause 3.5 [Determinations] to agree or<br />
determine:<br />
(i)<br />
(ii)<br />
whether and (if so) to what extent the delay and/or Cost was<br />
necessitated by an Unforeseeable event and could not reasonably<br />
have been so avoided; and<br />
the matters described in Sub-Clauses 4.6(g)(i) and (ii) related to this<br />
extent.<br />
4.7 Setting Out<br />
Setting Out<br />
(a)<br />
(b)<br />
The Contractor shall set out the Works in relation to original points, lines and<br />
levels <strong>of</strong> reference specified in the Contract or notified by the Employer's<br />
Representative. The Contractor shall be responsible for the correct<br />
positioning <strong>of</strong> all parts <strong>of</strong> the Works, including verifying the accuracy <strong>of</strong> these<br />
items <strong>of</strong> reference prior to setting out the Works, and shall rectify any error in<br />
the positions, levels, dimensions or alignment <strong>of</strong> the Works.<br />
Subject to Sub-Clause 4.7(d), if, prior to setting out the Works, the Contractor<br />
confirms, to the satisfaction <strong>of</strong> the Employer, that there is an error in relation<br />
to the original points, lines and levels <strong>of</strong> reference specified in the Contract or<br />
notified by the Employer's Representative, and the Contractor subsequently<br />
suffers delay and/or incurs Costs from executing work which was<br />
necessitated by an Unforeseeable error in these items <strong>of</strong> reference, and the<br />
Contractor could not reasonably have avoided this delay and/or Costs, then<br />
the Contractor shall give a Claim Notice to the Employer's Representative<br />
and shall be entitled subject to Sub-Clause 20.1 [Contractor's Claims] to:<br />
(i)<br />
an extension <strong>of</strong> time for any such delay, if completion is or will be<br />
delayed, under Sub-Clause 8.4 [Extension <strong>of</strong> Time for Completion];<br />
and<br />
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(ii)<br />
payment <strong>of</strong> any such Costs, which shall be added to the Contract<br />
Price as a Variation.<br />
(c)<br />
After receiving the notice from the Contractor pursuant to Sub-Clause 4.7(b),<br />
the Employer's Representative shall proceed in accordance with Sub-Clause<br />
20.1 [Contractor's Claims] and Sub-Clause 3.5 [Determinations] to agree or<br />
determine:<br />
(i)<br />
(ii)<br />
whether and (if so) to what extent the delay and/or Costs was<br />
necessitated by an Unforeseeable error in these items <strong>of</strong> reference,<br />
and could not reasonably have been so avoided; and<br />
the matters described in Sub-Clauses 4.7(b)(i) and (ii) related to this<br />
extent.<br />
(d)<br />
For the avoidance <strong>of</strong> doubt, the Contractor is not entitled to an extension <strong>of</strong><br />
time or any increase to the Contract Price arising out <strong>of</strong> or in connection with<br />
any errors in original points, lines and levels <strong>of</strong> reference specified in the<br />
Contract or notified by the Employer's Representative, that are discovered<br />
after the Contractor has commenced setting out the corresponding part <strong>of</strong> the<br />
Works.<br />
4.8 Safety Procedures<br />
Safety Procedures<br />
The Contractor shall, throughout the execution and completion <strong>of</strong> the Works and the<br />
remedying <strong>of</strong> any defects:<br />
(a)<br />
(b)<br />
(c)<br />
(d)<br />
(e)<br />
(f)<br />
comply with all applicable safety regulations <strong>of</strong> the relevant Authorities and<br />
the health and safety policies, guidelines, procedures and requirements<br />
specified in the Schedule <strong>of</strong> Health and Safety Requirements;<br />
submit all procedures and compliance documents specified in the Contract<br />
and the Schedule <strong>of</strong> Health and Safety Requirements, including safe work<br />
method statements and risk assessments, to the Employer's Representative<br />
for information before each design (if any) and execution stage <strong>of</strong> the Works<br />
is commenced;<br />
be responsible for the safety <strong>of</strong> all persons entitled to be on the Site;<br />
use reasonable efforts to keep the Site and Works clear <strong>of</strong> unnecessary<br />
obstruction so as to avoid danger to those persons;<br />
provide fencing, lighting, guarding and watching <strong>of</strong> the Works until the Works<br />
have been Taken Over under Clause 10 [Employer's Taking Over];<br />
provide any Temporary Works (including roadways, footways, guards and<br />
fences) which may be necessary, because <strong>of</strong> the execution <strong>of</strong> the Works, for<br />
the use and protection <strong>of</strong> the public and <strong>of</strong> owners and occupiers <strong>of</strong> adjacent<br />
land; and<br />
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(g)<br />
provide the Employer with reasonable access to the Contractor's records and<br />
facilities, both on and <strong>of</strong>f the Site, to enable the Employer to assess the<br />
Contractor's compliance with this Sub-Clause 4.8.<br />
4.9 Quality Control<br />
Quality Control<br />
(a)<br />
(b)<br />
(c)<br />
The Contractor shall institute a quality control system to demonstrate<br />
compliance with the requirements <strong>of</strong> the Contract. The system shall be in<br />
accordance with the details stated in the Specification. The Employer's<br />
Representative shall be entitled to audit any aspect <strong>of</strong> the system.<br />
All procedures and compliance documents shall be submitted to the<br />
Employer's Representative for information before each design and execution<br />
stage is commenced. When any document <strong>of</strong> a technical nature is issued to<br />
the Employer's Representative, evidence <strong>of</strong> the prior approval by the<br />
Contractor shall be apparent on the document itself.<br />
Compliance with the quality control system will not relieve the Contractor <strong>of</strong><br />
any <strong>of</strong> its undertakings, warranties, obligations or liabilities under or in<br />
connection with the Contract.<br />
4.10 Site Data<br />
Site Data<br />
(a)<br />
(b)<br />
(c)<br />
The Employer shall have made available to the Contractor for its information,<br />
prior to the Date <strong>of</strong> the Contract, the relevant data in the Employer's<br />
possession on sub-surface and hydrological conditions at the Site, including<br />
environmental aspects ("Site Data"). The Employer shall similarly make<br />
available to the Contractor all relevant Site Data which comes into the<br />
Employer's possession after the Date <strong>of</strong> the Contract. The Contractor shall<br />
be responsible for verifying and interpreting all Site Data and undertaking any<br />
such further independent tests or investigations that it deems required in<br />
order to establish the veracity <strong>of</strong> the Site Data.<br />
The Employer does not warrant and shall have no responsibility or liability<br />
whatsoever for the accuracy, sufficiency or completeness <strong>of</strong> the Site Data, or<br />
any information given. The Contractor shall not rely on and shall be deemed<br />
not to have relied on any Site Data provided by the Employer and the<br />
Employer shall not be liable to the Contractor or any third party (whether or<br />
not arising out <strong>of</strong> any negligence on the part <strong>of</strong> the Employer or any agent or<br />
servant there<strong>of</strong>) in respect <strong>of</strong> any inaccuracy, error, omission, defect or<br />
inadequacy <strong>of</strong> Site Data.<br />
The Contractor is not entitled to an extension <strong>of</strong> time or any increase to the<br />
Contract Price arising out <strong>of</strong> or in connection with the contents <strong>of</strong> any Site<br />
Data and waives any claim against the Employer in respect <strong>of</strong> such Site Data.<br />
4.11 Sufficiency <strong>of</strong> the Accepted Contract Amount<br />
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Sufficiency <strong>of</strong> the Accepted Contract Amount<br />
(a)<br />
(b)<br />
(c)<br />
The Contractor shall be deemed to have satisfied itself as to the correctness<br />
and sufficiency <strong>of</strong> the Accepted Contract Amount and all fixed unit rates and<br />
prices inserted in the Bill <strong>of</strong> Quantities.<br />
Unless otherwise stated in the Contract, the Accepted Contract Amount and<br />
all unit fixed rates and prices inserted in the Bill <strong>of</strong> Quantities covers all the<br />
Contractor's obligations under the Contract before, on or after the Date <strong>of</strong> the<br />
Contract (including those under Provisional Sums, if any) and all things<br />
necessary for the proper design (if any), execution, testing, commissioning,<br />
completion and operation <strong>of</strong> the Works and the remedying <strong>of</strong> any defects.<br />
Unless otherwise stated in the Contract, the Contractor is responsible for all<br />
costs and accepts all risks associated with the execution and completion <strong>of</strong><br />
the Works in accordance with the Contract.<br />
4.12 Unforeseeable Physical Conditions<br />
Unforeseeable Physical Conditions<br />
(a)<br />
(b)<br />
(c)<br />
(d)<br />
(e)<br />
The Contractor shall be deemed to have obtained all necessary information<br />
as to risks, contingencies and other circumstances which may influence or<br />
affect the execution <strong>of</strong> the Works, including the Site Data and the Site<br />
Conditions. To the same extent, the Contractor shall, and/or will be deemed<br />
to, have inspected and examined the Site, its surroundings, the Site Data, the<br />
Site Conditions and other available information, and conducted such further<br />
tests and investigations that it required to have satisfied itself before the Date<br />
<strong>of</strong> the Contract as to all relevant matters and conditions in connection with the<br />
Site, including the Site Data and all <strong>of</strong> the Site Conditions.<br />
Subject to Sub-Clauses 4.12(c) to (j), the Contractor is not entitled to an<br />
extension <strong>of</strong> time or any increase to the Contract Price based in whole or in<br />
part upon the actual Site Conditions encountered by the Contractor during the<br />
execution <strong>of</strong> the Works.<br />
In this Sub-Clause 4.12, "physical conditions" means natural physical<br />
conditions and man-made and other physical obstructions and pollutants,<br />
which the Contractor encounters at the Site when executing the Works,<br />
including sub-surface and hydrological conditions but excluding climatic<br />
conditions.<br />
If the Contractor encounters adverse physical conditions which it considers to<br />
have been Unforeseeable and which could not reasonably have been<br />
contemplated by the Contractor based on any reports that are produced by<br />
(or on behalf <strong>of</strong>) the Employer or the Contractor on the Site Conditions and/or<br />
from the Site Data, the Contractor shall give a Claim Notice to the Employer'<br />
Representative immediately and not later than 14 days <strong>of</strong> such conditions<br />
being encountered.<br />
Notwithstanding any other provision <strong>of</strong> the Contract, the Contractor is not<br />
entitled to an extension <strong>of</strong> time or any increase to the Contract Price arising<br />
out <strong>of</strong> or in connection with such Unforeseeable physical conditions, if it fails<br />
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to give such notice within 14 days <strong>of</strong> such conditions being encountered.<br />
(f)<br />
(g)<br />
The notice given under Sub-Clause 4.12(d) shall describe the physical<br />
conditions in sufficient detail as required by the Employer's Representative<br />
and so that those conditions can be inspected by the Employer's<br />
Representative and shall set out the reasons why the Contractor considers<br />
them to be Unforeseeable. The Contractor shall continue executing the<br />
Works, using all reasonable measures as are appropriate for the physical<br />
conditions, and shall comply with any reasonable instructions the Employer's<br />
Representative may give.<br />
If and to the extent that the Contractor encounters physical conditions which<br />
the Employer' Representative determines are Unforeseeable, gives a Claim<br />
Notice in accordance with Sub-Clause 4.12(d), and suffers delay and/or<br />
incurs Costs due to these conditions, the Contractor shall be entitled subject<br />
to Sub-Clause 20.1 [Contractor's Claims] to:<br />
(i)<br />
(ii)<br />
an extension <strong>of</strong> time for any such delay, if completion is or will be<br />
delayed under Sub-Clause 8.4 [Extension <strong>of</strong> Time for Completion];<br />
and<br />
payment <strong>of</strong> any such Costs, which shall be added to the Contract<br />
Price as a Variation.<br />
(h)<br />
After receiving the Claim Notice under Sub-Clause 4.12(g) and inspecting<br />
and/or investigating these physical conditions, the Employer's Representative<br />
shall proceed in accordance with Sub-Clause 20.1 [Contractor's Claims] and<br />
Sub-Clause 3.5 [Determinations] to agree or determine:<br />
(i)<br />
(ii)<br />
whether and (if so) to what extent these physical conditions were<br />
Unforeseeable; and<br />
the matters described in Sub-Clauses 4.12(g)(i) and (ii) related to this<br />
extent.<br />
(i)<br />
(j)<br />
Before an extension <strong>of</strong> time for any such delay, or additional Costs is finally<br />
agreed or determined under Sub-Clause 4.12(h), the Employer's<br />
Representative may also review whether other physical conditions in similar<br />
parts <strong>of</strong> the Works (if any) were more favourable than could reasonably have<br />
been foreseen at the Date <strong>of</strong> the Contract. If and to the extent that these<br />
more favourable conditions were encountered, the Employer's<br />
Representative may proceed in accordance with Sub-Clause 3.5<br />
[Determinations] to determine the reductions in Costs and a reduction in any<br />
entitlement to an extension <strong>of</strong> time, which were due to these conditions,<br />
which may be included (as deductions) in the Contract Price and Payment<br />
Certificates. The net effect <strong>of</strong> all adjustments under Sub-Clause 4.12(g)(ii)<br />
and all these reductions, for all the physical conditions encountered in similar<br />
parts <strong>of</strong> the Works, shall not result in a net reduction in the Contract Price or<br />
Time for Completion.<br />
The Employer's Representative may take account <strong>of</strong> any evidence <strong>of</strong> the<br />
physical conditions foreseen by the Contractor prior to the Date <strong>of</strong> the<br />
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Contract, which may be made available by the Contractor, but shall not be<br />
bound by any such evidence.<br />
4.13 Rights <strong>of</strong> Way and Facilities<br />
Rights <strong>of</strong> Way and Facilities<br />
(a)<br />
(b)<br />
(c)<br />
The Contractor shall bear all costs and charges for special and/or temporary<br />
rights-<strong>of</strong>-way which it may require, including those for access to the Site. The<br />
Contractor shall also obtain, at its risk and cost, any additional facilities<br />
outside the Site that it may require for the purposes <strong>of</strong> executing and<br />
completing the Works.<br />
If the Contractor fails to provide or maintain the diversions for roads and<br />
services according to the Contract after written notification by the Employer,<br />
then the Employer shall be entitled to employ and pay other persons to carry<br />
out the required works and all direct and reasonable Costs incurred by the<br />
Employer arising out <strong>of</strong> or in connection with such default shall be<br />
recoverable from the Contractor by the Employer or may be deducted by the<br />
Employer from any monies due or which may become due to the Contractor.<br />
Furthermore, the Contractor shall pay to the Employer the sum per day stated<br />
in the Schedule <strong>of</strong> Details (if any) as delay damages for such default for every<br />
day which shall elapse between the written notification by the Employer <strong>of</strong><br />
such default until such time as the default is rectified or until the diversion is<br />
no longer required.<br />
The payment or deduction <strong>of</strong> such delay damages and/or Costs shall not<br />
relieve the Contractor from its obligations to complete the Works or from any<br />
<strong>of</strong> its other, warranties, obligations or liabilities under or in connection with the<br />
Contract.<br />
4.14 Avoidance <strong>of</strong> Interference<br />
Avoidance <strong>of</strong> Interference<br />
(a)<br />
The Contractor shall not interfere unnecessarily or improperly with:<br />
(i)<br />
(ii)<br />
the convenience <strong>of</strong> the public; or<br />
the access to and use and occupation <strong>of</strong> all roads, rail and footpaths,<br />
irrespective <strong>of</strong> whether they are public or in the possession <strong>of</strong> the<br />
Employer or <strong>of</strong> others.<br />
(b)<br />
(c)<br />
If any land outside the Site which is the property <strong>of</strong> or under the control <strong>of</strong> the<br />
Employer is made available to the Contractor, this shall be used strictly in<br />
accordance with the instructions <strong>of</strong> the Employer.<br />
The Contractor shall observe all agreements entered into by the Employer<br />
and made known to the Contractor with any person or persons relating to the<br />
occupation <strong>of</strong> land and properties by the Employer which are affected by the<br />
execution <strong>of</strong> the Works, provided always that compliance with such<br />
agreements shall not relieve the Contractor <strong>of</strong> its obligations under this Sub-<br />
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Clause 4.14. The Contractor shall be given, on request, copies <strong>of</strong> any<br />
agreement relating to such matters.<br />
(d)<br />
The Contractor shall defend, indemnify and hold the Employer harmless<br />
against and from all damages, losses and expenses (including legal fees and<br />
expenses) resulting from any such unnecessary or improper interference. In<br />
defending the Employer, the Contractor shall not enter into a<br />
settlement agreement without the prior written approval <strong>of</strong> the<br />
Employer.<br />
4.15 Access Route<br />
Access Route<br />
(a)<br />
(b)<br />
The Contractor shall be deemed to have been satisfied as to the suitability,<br />
security, and availability <strong>of</strong> access routes to the Site (including marine and air<br />
access (if any)) and the accessibility <strong>of</strong> such access routes for the<br />
Contractor’s Personnel. The Contractor shall use its best endeavours, acting<br />
in accordance with Industry Best Practice, to prevent any road, rail, bridge or<br />
marine access from being damaged by the Contractor's traffic or by the<br />
Contractor's Personnel. These endeavours shall include the proper use <strong>of</strong><br />
appropriate vehicles and routes. If any structure, road surface or any other<br />
property is damaged by the carrying out <strong>of</strong> the Works then the Contractor<br />
shall rectify such damage at its own cost.<br />
Unless otherwise stated in the Contract:<br />
(i)<br />
(ii)<br />
(iii)<br />
(iv)<br />
(v)<br />
(vi)<br />
the Contractor shall (as between the Parties) be responsible for any<br />
maintenance which may be required for its use <strong>of</strong> access routes;<br />
the Contractor shall be responsible for its own security which may be<br />
required for its use <strong>of</strong> access routes;<br />
the Contractor shall provide all necessary signs or directions along<br />
access routes, and shall obtain any permission which may be<br />
required from the relevant authorities for its use <strong>of</strong> routes, signs and<br />
directions;<br />
the Employer shall not be responsible for any claims which may arise<br />
from the use or otherwise <strong>of</strong> any access route;<br />
the Employer does not guarantee the suitability, security or availability<br />
<strong>of</strong> particular access routes; and<br />
all costs due to non-suitability or non-availability, for the use required<br />
by the Contractor, <strong>of</strong> access routes shall be borne by the Contractor.<br />
4.16 Transport <strong>of</strong> Goods<br />
Transport <strong>of</strong> Goods<br />
Unless otherwise stated in the Contract:<br />
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(a)<br />
(b)<br />
(c)<br />
the Contractor shall give the Employer's Representative not less than 21 days<br />
notice <strong>of</strong> the date on which any Plant or a major item <strong>of</strong> other Goods will be<br />
delivered to the Site;<br />
the Contractor shall be responsible for packing, loading, transporting,<br />
receiving, unloading, storing and protecting all Goods and other things<br />
required for the Works; and<br />
the Contractor shall defend, indemnify and hold the Employer harmless<br />
against all costs resulting from the transport <strong>of</strong> Goods, and shall negotiate<br />
and pay all claims arising from their transport. In defending the Employer,<br />
the Contractor shall not enter into a settlement agreement without the<br />
prior written approval <strong>of</strong> the Employer.<br />
4.17 Contractor's Equipment<br />
Contractor's Equipment<br />
The Contractor shall be responsible for all Contractor's Equipment. When brought on<br />
to the Site, Contractor's Equipment shall be deemed to be exclusively intended for<br />
the execution <strong>of</strong> the Works. The Contractor shall not remove from the Site any major<br />
items <strong>of</strong> the Contractor's Equipment without the prior written consent <strong>of</strong> the<br />
Employer's Representative. Consent shall not be required for vehicles transporting<br />
Goods or Contractor's Personnel <strong>of</strong>f Site.<br />
4.18 Protection <strong>of</strong> the Environment<br />
Protection <strong>of</strong> the Environment<br />
(a)<br />
(b)<br />
(c)<br />
(d)<br />
The Contractor shall at all times carry out its obligations under the Contract in<br />
an environmentally responsible manner ensuring all necessary precautions<br />
are taken to prevent negative impacts on the environment in accordance with<br />
Industry Best Practices (both on and <strong>of</strong>f the Site) and to limit damage and<br />
nuisance to people and property resulting from pollution, noise and other<br />
results <strong>of</strong> its operations.<br />
The Contractor shall comply with the policies, guidelines, standards<br />
procedures and requirements specified in the Schedule <strong>of</strong> Environmental<br />
Requirements and the policies, guidelines, standards, procedures and<br />
requirements <strong>of</strong> all relevant Authorities.<br />
The Contractor shall ensure that emissions, surface discharges and effluent<br />
from the Contractor's activities shall not exceed the values indicated in the<br />
Contract and as otherwise prescribed by Law.<br />
Notwithstanding any other right or remedy the Employer may have under or in<br />
connection with the Contract or at Law, the Contractor agrees that in the<br />
event it fails to comply with the requirements referred to under Sub-Clause<br />
4.18(b) or Sub-Clause 4.18(c), it shall pay and indemnify the Employer for<br />
and against any monetary fines and remediation costs as specified in the<br />
Schedule <strong>of</strong> Environmental Requirements, or as otherwise imposed by any<br />
relevant Authority.<br />
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4.19 Electricity, Water and Gas<br />
Electricity, Water and Gas<br />
(a)<br />
(b)<br />
(c)<br />
The Contractor shall be responsible for the provision <strong>of</strong> all power, water and<br />
other services it may require for the execution <strong>of</strong> the Works.<br />
The Contractor may, with the prior written approval <strong>of</strong> the Employer's<br />
Representative, use for the purposes <strong>of</strong> the execution <strong>of</strong> the Works such<br />
supplies <strong>of</strong> electricity, water, gas and other services as may be available on<br />
the Site (if any) and <strong>of</strong> which details and prices are given in the Specification.<br />
The Contractor shall, at its risk and cost, provide any apparatus and<br />
connections necessary for its use <strong>of</strong> these services and for measuring the<br />
quantities consumed.<br />
The quantities consumed and the amounts due (at these prices) for such<br />
services shall be agreed or determined by the Employer's Representative in<br />
accordance with Sub-Clause 3.5 [Determinations]. The Contractor shall pay<br />
these amounts to the Employer upon request.<br />
4.20 Employer's Equipment and Free-Issue Material<br />
Employer's Equipment and Free-Issue Material<br />
(a)<br />
The Employer shall make the Employer's Equipment (if any) available for the<br />
use <strong>of</strong> the Contractor solely for the execution <strong>of</strong> the Works in accordance with<br />
the details, arrangements and prices stated in the Specification. Unless<br />
otherwise stated in the Contract:<br />
(i)<br />
(ii)<br />
the Employer shall be responsible for the Employer's Equipment;<br />
except that<br />
the Contractor shall be responsible for each item <strong>of</strong> Employer's<br />
Equipment whilst any <strong>of</strong> the Contractor's Personnel is operating it,<br />
driving it, directing it or in possession or control <strong>of</strong> it.<br />
(b)<br />
(c)<br />
(d)<br />
The appropriate quantities and the amounts due (at such stated prices) for<br />
the use <strong>of</strong> Employer's Equipment shall be agreed or determined by the<br />
Employer's Representative in accordance with Sub-Clause 3.5<br />
[Determinations]. The Contractor shall pay these amounts to the Employer<br />
upon request.<br />
The Employer shall supply to the Contractor, free <strong>of</strong> charge, the "free-issue<br />
materials" (if any) in accordance with the details and arrangements stated in<br />
the Specification. The Contractor, acting in accordance with Industry Best<br />
Practices, shall then visually inspect such "free-issue materials", and shall<br />
promptly give notice to the Employer's Representative <strong>of</strong> any shortage, defect<br />
or default in these materials. Unless otherwise agreed by both Parties, the<br />
Employer shall immediately rectify the notified shortage, defect or default.<br />
After this visual inspection and any rectification pursuant to Sub-Clause<br />
4.20(c), the free-issue materials shall come under the care, custody and<br />
control <strong>of</strong> the Contractor. The Contractor's obligations <strong>of</strong> inspection, care,<br />
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4.21 Progress Reports<br />
Progress Reports<br />
custody and control shall not relieve the Employer <strong>of</strong> liability for any shortage,<br />
defect or default not apparent from a visual inspection, except to the extent<br />
that such shortage, defect or default has arisen due to an act or omission <strong>of</strong><br />
the Contractor.<br />
(a)<br />
(b)<br />
(c)<br />
(d)<br />
Unless otherwise stated in the Contract, monthly progress reports shall be<br />
prepared by the Contractor and submitted to the Employer's Representative<br />
in two copies and in a form to be approved by the Employer's Representative.<br />
The first report shall cover the period up to the end <strong>of</strong> the first calendar month<br />
following the Date <strong>of</strong> the Contract. Reports shall be submitted monthly<br />
thereafter, each within 7 days after the last day <strong>of</strong> the period to which it<br />
relates.<br />
Reporting shall continue until the Contractor has completed all work which is<br />
known to be outstanding at the completion date stated in the Taking Over<br />
Certificate for the Works.<br />
Each report shall include:<br />
(i)<br />
(ii)<br />
(iii)<br />
charts and detailed descriptions <strong>of</strong> progress, including each stage <strong>of</strong><br />
design, Contractor's <strong>Document</strong>s, procurement, manufacture, delivery<br />
to Site, construction, erection, testing, commissioning and trial<br />
operation;<br />
photographs showing the status <strong>of</strong> the Works and <strong>of</strong> progress on the<br />
Site;<br />
for the manufacture <strong>of</strong> each main item <strong>of</strong> Plant and Materials, the<br />
name <strong>of</strong> the manufacturer, manufacture location, percentage<br />
progress, and the actual or expected dates <strong>of</strong>:<br />
(A)<br />
(B)<br />
(C)<br />
(D)<br />
commencement <strong>of</strong> manufacture;<br />
Contractor's inspections;<br />
tests; and<br />
shipment and arrival at the Site;<br />
(iv)<br />
(v)<br />
(vi)<br />
the details described in Sub-Clause 6.10 [Records <strong>of</strong> Contractor's<br />
Personnel and Equipment];<br />
copies <strong>of</strong> quality control documents, test results and certificates <strong>of</strong><br />
Materials;<br />
list <strong>of</strong> Variations, Claim Notices and other notices given under Sub-<br />
Clause 20.1 [Contractor's Claims];<br />
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(vii)<br />
(viii)<br />
(ix)<br />
(x)<br />
safety statistics, including details <strong>of</strong> any hazardous incidents and<br />
activities relating to environmental aspects and public relations;<br />
details and duration <strong>of</strong> adverse weather conditions;<br />
a revised working programme and comparisons <strong>of</strong> actual and planned<br />
progress, in accordance with Sub-Clause 8.3 [Contract Programme],<br />
with details <strong>of</strong> any events or circumstances which may jeopardise the<br />
completion in accordance with the Contract and the Contract<br />
Programme, and the measures being (or to be) adopted to overcome<br />
or mitigate any delays; and<br />
any other matters as may be set out in the Contract or other<br />
information reasonably required by the Employer or the Employer's<br />
Representative from time to time.<br />
(e)<br />
If the Contractor fails to submit a monthly progress report in accordance with<br />
this Sub-Clause 4.21, the Employer may, in its absolute discretion, withhold<br />
payments due to the Contractor until such monthly progress report has been<br />
submitted.<br />
4.22 Security <strong>of</strong> the Site<br />
Security <strong>of</strong> the Site<br />
Unless otherwise stated in the Contract:<br />
(a)<br />
(b)<br />
the Contractor shall be responsible for keeping unauthorised persons <strong>of</strong>f the<br />
Site. Authorised persons shall be limited to the Contractor's Personnel and<br />
the Employer's Personnel and any other personnel notified to the Contractor,<br />
by the Employer or the Employer's Representative, as authorised personnel<br />
<strong>of</strong> the Employer or the Employer's other contractors on the Site; and<br />
the security and safety <strong>of</strong> the Site, the Contractor’s Equipment, the<br />
Employer’s Equipment, Plant, Materials and all other property or personnel on<br />
the Site is the sole responsibility <strong>of</strong> the Contractor.<br />
4.23 Contractor's Operations on Site<br />
Contractor's Operations on Site<br />
(a)<br />
(b)<br />
The Contractor shall confine its operations to the Site, and to any additional<br />
areas which are directly required by the Contractor to execute the Works and<br />
which are agreed by the Employer's Representative as working areas. The<br />
Contractor shall take all necessary precautions to keep the Contractor's<br />
Equipment and the Contractor's Personnel within the Site and those<br />
additional areas, and to keep them <strong>of</strong>f adjacent land.<br />
The Contractor shall not use any part <strong>of</strong> the Site for any purpose not<br />
connected with the execution <strong>of</strong> the Works without the prior written approval<br />
<strong>of</strong> the Employer. The Contractor shall not destroy, damage or pull down any<br />
tree, hedge, wall or building outside the area occupied by the Permanent<br />
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Works but within the Site without the prior written consent <strong>of</strong> the Employer<br />
unless specifically stated otherwise in the Contract.<br />
(c)<br />
(d)<br />
During the execution <strong>of</strong> the Works, the Contractor shall keep the Site free<br />
from all unnecessary obstruction, and shall store or dispose <strong>of</strong> any<br />
Contractor's Equipment or surplus materials. The Contractor shall promptly<br />
clear away and remove from the Site any wreckage, rubbish and Temporary<br />
Works which are no longer required.<br />
Upon the issue <strong>of</strong> a Taking Over Certificate, the Contractor shall clear away<br />
and remove, from that part <strong>of</strong> the Site and Works to which the Taking Over<br />
Certificate refers, all Contractor's Equipment, surplus material, wreckage,<br />
rubbish and Temporary Works. The Contractor shall leave that part <strong>of</strong> the<br />
Site and the Works in a clean and safe condition. The Contractor may retain<br />
on Site, during the Defects Notification Period, such Goods as are required<br />
for the Contractor to fulfil its obligations under the Contract.<br />
4.24 Fossils<br />
Fossils<br />
(a)<br />
(b)<br />
(c)<br />
All fossils, coins, articles <strong>of</strong> value or antiquity, and structures and other<br />
remains or items <strong>of</strong> geological or archaeological interest found on the Site<br />
shall be placed by the Contractor under the care and authority <strong>of</strong> the<br />
Employer. The Contractor shall take reasonable precautions to prevent the<br />
Contractor's Personnel or other persons from removing or damaging any <strong>of</strong><br />
these findings.<br />
The Contractor shall, upon discovery <strong>of</strong> any such finding, promptly give notice<br />
to the Employer's Representative, who shall issue instructions for dealing with<br />
it.<br />
If the Contractor suffers delay and/or incurs Costs from complying with the<br />
instructions, the Contractor shall give a Claim Notice to the Employer's<br />
Representative and shall be entitled subject to Sub-Clause 20.1 [Contractor's<br />
Claims] to:<br />
(i)<br />
(ii)<br />
an extension <strong>of</strong> time for any such delay, if completion is or will be<br />
delayed, under Sub-Clause 8.4 [Extension <strong>of</strong> Time for Completion];<br />
and<br />
payment <strong>of</strong> any such Costs, which shall be added to the Contract<br />
Price as a Variation.<br />
(d)<br />
After receiving the Claim Notice under Sub-Clause 4.24(c), the Employer's<br />
Representative shall proceed in accordance with Sub-Clause 20.1<br />
[Contractor's Claims] and Sub-Clause 3.5 [Determinations] to agree or<br />
determine the matters described in Sub-Clause 4.24(c).<br />
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4.25 Assignment and Novation <strong>of</strong> Manufacturer's Warranties<br />
Assignment and Novation <strong>of</strong> Manufacturer's Warranties<br />
(a)<br />
(b)<br />
(c)<br />
(d)<br />
The Contractor shall procure that any warranty, express or implied, with<br />
respect to any Plant or Materials used in the execution <strong>of</strong> the Works made or<br />
given by the manufacturer, any Subcontractor or supplier there<strong>of</strong>, or any<br />
other seller there<strong>of</strong>, will be made in favour <strong>of</strong> the Employer or will be assigned<br />
or otherwise made available to the Employer or such entity that the Employer<br />
nominates.<br />
The Contractor shall ensure that all warranties referred to in Sub-Clause<br />
4.25(a) given by the manufacturer, any Subcontractor or supplier there<strong>of</strong>, or<br />
any other seller there<strong>of</strong>, will be capable <strong>of</strong> novation from the Employer to any<br />
entity to be nominated by the Employer.<br />
To the extent that the warranties cannot be made in favour <strong>of</strong> the Employer,<br />
assigned or otherwise made available to the Employer, the Contractor agrees<br />
(at its cost) to use its best endeavours to enforce such rights as the<br />
Contractor may have, for the benefit <strong>of</strong> the Employer or its nominee.<br />
The Works shall not be considered to be completed for the purposes <strong>of</strong> being<br />
Taken Over under Sub-Clause 10.1 [Taking Over <strong>of</strong> the Works and Sections]<br />
until the Employer has received such warranties and confirmation that the<br />
warranties are capable <strong>of</strong> novation from the Employer to any entity to be<br />
nominated by the Employer, or if Sub-Clause 4.25(c) applies, the Contractor<br />
has demonstrated to the reasonable satisfaction <strong>of</strong> the Employer that it has<br />
used its best endeavours to enforce such rights as the Contractor may have<br />
for the benefit <strong>of</strong> the Employer.<br />
4.26 Auxiliary Works<br />
Auxiliary Works<br />
(a)<br />
(b)<br />
The Contractor shall ensure that the Works connect to and fully interface with<br />
the Auxiliary Works.<br />
Provided the Auxiliary Works:<br />
(i)<br />
(ii)<br />
perform in the manner specified in the Schedule <strong>of</strong> Auxiliary Works;<br />
and<br />
are completed on or before the later <strong>of</strong> the:<br />
(A)<br />
(B)<br />
dates specified in the Schedule <strong>of</strong> Auxiliary Works; and<br />
date the Contractor can and needs to use the relevant item <strong>of</strong><br />
Auxiliary Works, as assessed by the Employer's<br />
Representative,<br />
the Contractor will have no right to claim any additional costs or an extension<br />
<strong>of</strong> time as a result (directly or indirectly) <strong>of</strong> the impact <strong>of</strong> the Auxiliary Works<br />
on the Works. Any claim the Contractor is entitled to make shall be made<br />
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under and shall satisfy the requirements <strong>of</strong> Sub-Clause 8.4 [Extension <strong>of</strong><br />
Time for Completion] and Sub-Clause 20.1 [Contractor’s Claims].<br />
(c)<br />
The Contractor acknowledges and agrees that:<br />
(i)<br />
(ii)<br />
(iii)<br />
(iv)<br />
the Auxiliary Works will be performed by third parties;<br />
it shall co-operate with the party(ies) performing the Auxiliary Works;<br />
it has reviewed and is satisfied with the Schedule <strong>of</strong> Auxiliary Works;<br />
and<br />
the fact that the Auxiliary Works are not performed by the Contractor<br />
in no way excuses the Contractor from any <strong>of</strong> its undertakings,<br />
warranties, obligations or liabilities under or in connection with the<br />
Contract.<br />
4.27 Mines<br />
Mines<br />
(a)<br />
(b)<br />
The Contractor warrants and represents that neither it, its parent entities (if<br />
any), nor any <strong>of</strong> the Contractor’s subsidiaries or affiliated entities (if any) is<br />
engaged in the sale or manufacture <strong>of</strong> anti-personnel mines or components<br />
utilised in the manufacture <strong>of</strong> anti-personnel mines.<br />
The Contractor acknowledges and agrees that any breach <strong>of</strong> this Sub-Clause<br />
4.27 shall entitle the Employer to terminate the Contract immediately in<br />
accordance with Sub-Clause 15.2, without any liability for termination charges<br />
or any other liability <strong>of</strong> any kind.<br />
4.28 Official-Not-To-Benefit, Corruption and Fraud<br />
Official-Not-To-Benefit, Corruption and Fraud<br />
(a)<br />
(b)<br />
The Contractor warrants that it has not engaged, or attempted to engage, in<br />
any way whatsoever, in any corruption or fraud in connection with the<br />
selection process or the execution <strong>of</strong> this Contract or any other activities <strong>of</strong><br />
the Employer or any other entity <strong>of</strong> the United Nations, involving, in any way<br />
whatsoever, any Employer’s Personnel or representative, <strong>of</strong>ficial, or other<br />
agent <strong>of</strong> the Employer or any other entity <strong>of</strong> the United Nations.<br />
In this Sub-Clause 4.28, “corruption” means the <strong>of</strong>fering, giving, receiving or<br />
soliciting from or to any person, directly or indirectly, anything <strong>of</strong> value as an<br />
inducement or reward:<br />
(i)<br />
(ii)<br />
for doing or forbearing to do any action in relation to the Contract or<br />
the selection process, or any other activities <strong>of</strong> the Employer or any<br />
other entity <strong>of</strong> the United Nations; or<br />
for showing or forbearing to show favour or disfavour to any person in<br />
relation to the Contract, or any other activities <strong>of</strong> the Employer or any<br />
other entity <strong>of</strong> the United Nations.<br />
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(c)<br />
In this Sub-Clause 4.28, “fraud” means a misrepresentation or omission <strong>of</strong><br />
fact(s) in order to influence, or to attempt to influence, the selection process<br />
or the execution <strong>of</strong> this Contract or any other activities <strong>of</strong> the Employer or <strong>of</strong><br />
any other entity <strong>of</strong> the United Nations.<br />
(d) Contractor acknowledges and agrees that any breach <strong>of</strong> this Sub-Clause 4.28<br />
shall entitle the Employer to terminate the Contract immediately by written<br />
notice in accordance with Sub-Clause 15.2, without any liability for<br />
termination charges or any other liability <strong>of</strong> any kind.<br />
4.29 Unexploded Ordinances<br />
Unexploded Ordinances<br />
If at any time during the carrying out <strong>of</strong> the Works the Contractor discovers an<br />
unexploded ordinance or land mine, the Contractor shall immediately stop work,<br />
notify the Employer’s Representative, take all necessary steps to ensure the safety <strong>of</strong><br />
all persons and property and secure the Site. The Contractor shall immediately<br />
resume the Works when instructed by the Employer’s Representative that is it safe to<br />
do so.<br />
4.30 Blasting<br />
Blasting<br />
The Contractor shall not use any explosives without the prior written permission <strong>of</strong><br />
the Employer. The Contractor shall comply with all regulations in force in the Country<br />
regarding the use <strong>of</strong> explosives and shall provide appropriate storage facilities before<br />
applying for permission to use any explosives. For the avoidance <strong>of</strong> doubt, the<br />
Employer’s approval or refusal to permit the use <strong>of</strong> explosives shall not relieve the<br />
Contractor from any <strong>of</strong> its warranties, obligations or liabilities under or in connection<br />
with the Contract and the Contractor shall not be entitled to an extension <strong>of</strong> time or<br />
additional Costs for such approval or refusal.<br />
5. NOMINATED SUBCONTRACTORS<br />
5.1 Definition <strong>of</strong> Nominated Subcontractor<br />
Definition <strong>of</strong> Nominated Subcontractor<br />
In the Contract, "Nominated Subcontractor" means a Subcontractor:<br />
(a)<br />
(b)<br />
who is stated in the Schedule <strong>of</strong> Nominated Subcontractors and whom the<br />
Contractor shall procure and employ as a Subcontractor to perform certain<br />
parts <strong>of</strong> the Works as specified in the Contract; or<br />
whom the Employer's Representative, under Clause 13 [Variations and<br />
Adjustments], instructs the Contractor to procure and employ as a<br />
Subcontractor after the Date <strong>of</strong> the Contract,<br />
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on terms and for a price to be approved by the Employer's Representative, such<br />
terms (at a minimum) to be consistent with the Contract, including the warranties set<br />
out in Sub-Clause 17.7 [Warranties relating to the Works], and such price to be a<br />
reasonable market price at the time <strong>of</strong> procuring the Nominated Subcontractor.<br />
5.2 Objection to Nomination<br />
Objection to Nomination<br />
The Contractor shall not be under any obligation to employ a Nominated<br />
Subcontractor, whom the Employer's Representative, under Sub-Clause 5.1(b) and<br />
Clause 13 [Variations and Adjustments], instructs the Contractor to employ as a<br />
Subcontractor and, against whom the Contractor raises reasonable objection by<br />
notice to the Employer's Representative as soon as practicable, with supporting<br />
particulars. An objection shall be deemed reasonable if it arises from (among other<br />
things) any <strong>of</strong> the following matters, unless the Employer agrees in writing to<br />
indemnify the Contractor against and from the consequences <strong>of</strong> the matter:<br />
(a)<br />
(b)<br />
(c)<br />
there are reasons to believe that the Nominated Subcontractor does not have<br />
sufficient competence, resources or financial strength;<br />
the subcontract does not specify that the Nominated Subcontractor shall<br />
indemnify the Contractor against and from any negligence or misuse <strong>of</strong><br />
Goods by the Nominated Subcontractor, its agents and employees; or<br />
the subcontract does not specify that, for the subcontracted work (including<br />
design, if any), the Nominated Subcontractor shall:<br />
(i)<br />
(ii)<br />
undertake to the Contractor such obligations and liabilities as will<br />
enable the Contractor to discharge its obligations and liabilities under<br />
or in connection with the Contract; and<br />
indemnify the Contractor against and from all obligations and liabilities<br />
arising under or in connection with the Contract and from the<br />
consequences <strong>of</strong> any failure by the Subcontractor to perform these<br />
obligations or to fulfil these liabilities.<br />
5.3 Payments to Nominated Subcontractors<br />
Payments to Nominated Subcontractors<br />
The Contractor shall, with the prior written approval <strong>of</strong> the Employer's<br />
Representative, pay to the Nominated Subcontractor the amounts which the<br />
Employer's Representative certifies to be due in accordance with the subcontract.<br />
These amounts shall be included in the Contract Price paid to the Contractor as<br />
Provisional Sums in accordance with Sub-Clause 13.5 [Provisional Sums], except as<br />
stated in Sub-Clause 5.4 [Evidence <strong>of</strong> Payments].<br />
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5.4 Evidence <strong>of</strong> Payments<br />
Evidence <strong>of</strong> Payments<br />
Before issuing a Payment Certificate to the Contractor which includes an amount<br />
payable to a Nominated Subcontractor, the Employer's Representative may request<br />
the Contractor to supply reasonable evidence that the Nominated Subcontractor has<br />
received all amounts due in accordance with previous Payment Certificates, less<br />
applicable deductions for retentions or otherwise. Unless the Contractor submits this<br />
reasonable evidence to the Employer's Representative, or<br />
(a)<br />
(b)<br />
satisfies the Employer's Representative in writing that the Contractor is<br />
reasonably entitled to withhold or refuse to pay these amounts; and<br />
submits to the Employer's Representative reasonable evidence that the<br />
Nominated Subcontractor has been notified <strong>of</strong> the Contractor's entitlement,<br />
then the Employer may (at its sole discretion) pay, direct to the Nominated<br />
Subcontractor part or all <strong>of</strong> such amounts previously certified (less applicable<br />
deductions) as are due to the Nominated Subcontractor and for which the Contractor<br />
has failed to submit the evidence described in either Sub-Clause 5.4(a) or (b), such<br />
amounts shall immediately become a debt due and payable by the Contractor to the<br />
Employer. The Contractor shall then repay, to the Employer, the amount which the<br />
Nominated Subcontractor was directly paid by the Employer.<br />
6. STAFF AND LABOUR<br />
6.1 Engagement <strong>of</strong> Staff and Labour<br />
Engagement <strong>of</strong> Staff and Labour<br />
Except as otherwise stated in the Contract, the Contractor shall make arrangements<br />
for the engagement <strong>of</strong> all staff and labour, local or otherwise, and for their payment,<br />
housing, feeding and transport in accordance with the relevant Laws and the<br />
requirements <strong>of</strong> any Authority.<br />
6.2 Rates <strong>of</strong> Wages and Conditions <strong>of</strong> Labour<br />
Rates <strong>of</strong> Wages and Conditions <strong>of</strong> Labour<br />
(a)<br />
The Contractor shall pay rates <strong>of</strong> wages, and observe conditions <strong>of</strong> labour in<br />
accordance with the relevant Laws and the requirements <strong>of</strong> any Authority,<br />
and such wages and conditions <strong>of</strong> labour shall not be lower than those<br />
minimum standards established for the trade or industry where the work is<br />
carried out. If no established rates or conditions are applicable, the Contractor<br />
shall pay rates <strong>of</strong> wages and observe conditions which are not lower than the<br />
general level <strong>of</strong> wages and conditions observed locally by employers whose<br />
trade or industry is similar to that <strong>of</strong> the Contractor.<br />
(b) If requested by the Employer’s Representative, the Contractor, within 72<br />
hours <strong>of</strong> such request, shall provide evidence <strong>of</strong> all payments made to all its<br />
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staff and labour. The Parties agree that if the Employer or the Employer's<br />
Representative becomes aware that the Contractor has failed to pay its staff<br />
and labour in accordance with Sub-Clause 6.2(a), and the Employer's<br />
Representative gives the Contractor written notice 72 hours before it intends<br />
to pay, the Employer may, in its absolute discretion, pay those staff and<br />
labour the amount the Employer determines is, or may be, owing to the staff<br />
and labour and the Employer may recover any such amount paid as a debt<br />
due from the Contractor to the Employer.<br />
6.3 Persons in the Service <strong>of</strong> Employer<br />
Persons in the Service <strong>of</strong> Employer<br />
The Contractor shall not recruit, or attempt to recruit, staff and labour from amongst<br />
the Employer's Personnel (and their respective labour, employees and agents).<br />
6.4 Labour Laws<br />
Labour Laws<br />
(a)<br />
(b)<br />
The Contractor shall comply with all the relevant labour Laws applicable to<br />
the Contractor's Personnel, as may be amended from time to time, including<br />
Laws relating to their employment, health, safety, welfare, immigration and<br />
emigration, and shall allow them all their legal rights.<br />
The Contractor shall require, and use its best endeavours to ensure, that the<br />
Contractor's Personnel obey all applicable Laws, including those concerning<br />
safety at work.<br />
6.5 Working Hours<br />
Working Hours<br />
(a)<br />
No work shall be carried out on the Site on locally recognised days <strong>of</strong> rest, or<br />
outside the normal working hours stated in the Schedule <strong>of</strong> Details, unless:<br />
(i)<br />
(ii)<br />
(iii)<br />
otherwise stated in the Contract; or<br />
the Employer's Representative gives consent in writing; or<br />
the work is unavoidable, or necessary for the protection <strong>of</strong> life or<br />
property or for the safety <strong>of</strong> the Works, in which case the Contractor<br />
shall immediately advise the Employer's Representative.<br />
(b)<br />
In the event that the Employer's Personnel are required to supervise the<br />
Contractor's operations in excess <strong>of</strong> 8 hours per normal working day, or on<br />
locally recognised days or rest or declared public holidays, the Employer's<br />
Representative shall proceed in accordance with Sub-Clause 3.5<br />
[Determinations] to agree or determine the Costs <strong>of</strong> such additional<br />
supervision by the Employer's Personnel. The Employer shall be entitled to<br />
deduct such Costs from monies due to the Contractor.<br />
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6.6 Facilities for Staff and Labour<br />
Facilities for Staff and Labour<br />
(a)<br />
(b)<br />
(c)<br />
Except as otherwise stated in the Contract, the Contractor shall provide and<br />
maintain all necessary accommodation, sanitary and welfare facilities for the<br />
Contractor's Personnel in accordance with Law. The Contractor shall also<br />
provide facilities for the Employer's Personnel (and their respective labour,<br />
employees and agents) (if any) as stated in the Specification and/or the<br />
Schedule <strong>of</strong> Site Plan.<br />
The Contractor shall not permit any <strong>of</strong> the Contractor's Personnel to maintain<br />
any temporary or permanent living quarters within the structures forming part<br />
<strong>of</strong> the Works.<br />
The Contractor shall provide the Employer with reasonable access to the<br />
Contractor's records and facilities, both on and <strong>of</strong>f the Site, to enable the<br />
Employer to assess the Contractor's compliance with this Clause 6, including<br />
<strong>of</strong>fsite accommodation and welfare facilities.<br />
6.7 Health and Safety<br />
Health and Safety<br />
(a)<br />
The Contractor shall, throughout the execution and completion <strong>of</strong> the Works<br />
and the remedying <strong>of</strong> any defects:<br />
(i)<br />
(ii)<br />
(iii)<br />
unless otherwise stated in the Contract, be responsible for the safety<br />
<strong>of</strong> all persons on the Site and keep the Site and the Works in an<br />
orderly state appropriate to the avoidance <strong>of</strong> danger to such persons;<br />
comply with the requirements <strong>of</strong> all Laws, all applicable safety<br />
regulations <strong>of</strong> all relevant Authorities and the policies, guidelines,<br />
procedures and requirements specified in the Schedule <strong>of</strong> Health and<br />
Safety Requirements, all as may be amended from time to time; and<br />
provide and maintain, at its own cost all lights, guards, fencing,<br />
warning signs, watching, and other temporary works when and where<br />
necessary or required by the Employer's Representative or by a duly<br />
constituted Authority or any Laws, for the protection <strong>of</strong> the Works or<br />
for the safety and convenience <strong>of</strong> the public or others.<br />
(b)<br />
(c)<br />
The Contractor shall at all times take all reasonable precautions to maintain<br />
the health and safety <strong>of</strong> the Contractor’s Personnel. In collaboration with local<br />
health authorities, the Contractor shall ensure that medical staff, first aid<br />
facilities, sick bay and ambulance service are available at all times at the Site<br />
and at any accommodation for Contractor’s and Employer’s Personnel, and<br />
that suitable arrangements are made for all necessary welfare and hygiene<br />
requirements and for the prevention <strong>of</strong> epidemics.<br />
The Contractor shall appoint an accident prevention <strong>of</strong>ficer at the Site,<br />
responsible for maintaining safety and protection against accidents. This<br />
person shall be qualified for this responsibility, and shall have the authority to<br />
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issue instructions and take protective measures to prevent accidents.<br />
Throughout the execution <strong>of</strong> the Works, the Contractor shall provide whatever<br />
is required by this person to exercise this responsibility and authority.<br />
(d)<br />
(e)<br />
(f)<br />
The Contractor shall send, to the Employer's Representative, details <strong>of</strong> any<br />
accident as soon as practicable and not later than 24 hours after its<br />
occurrence. The Contractor shall maintain records and make reports<br />
concerning health, safety and welfare <strong>of</strong> persons, and damage to property, as<br />
the Employer's Representative may require.<br />
The Contractor shall implement and comply with a health and safety system<br />
which, as a minimum, shall comply with the policies, guidelines, procedures<br />
and requirements specified in the Schedule <strong>of</strong> Health and Safety<br />
Requirements and the requirements <strong>of</strong> all Authorities, and any requirements<br />
which the Employer may notify to the Contractor, from time to time.<br />
Notwithstanding any other right or remedy the Employer may have under the<br />
Contract or at Law, the Contractor agrees that in the event it fails to comply<br />
with the requirements referred to under this Sub-Clause 6.7, it shall pay and<br />
indemnify the Employer for and against any monetary fines and remediation<br />
costs as specified in the Schedule <strong>of</strong> Health and Safety Requirements, or as<br />
may be imposed by any Authority.<br />
6.8 Contractor's Superintendence<br />
Contractor's Superintendence<br />
(a)<br />
(b)<br />
Throughout the design (if any) and the execution <strong>of</strong> the Works, and as long<br />
thereafter as is necessary to fulfil the Contractor's obligations, the Contractor<br />
shall provide all necessary superintendence to plan, arrange, direct, manage,<br />
inspect and test the Works.<br />
Superintendence shall be given by a sufficient number <strong>of</strong> persons having<br />
adequate spoken and written skills and knowledge in the language defined<br />
under Sub-Clause 1.4 [Language] and adequate knowledge <strong>of</strong> the operations<br />
to be carried out (including the methods and techniques required, the hazards<br />
likely to be encountered and methods <strong>of</strong> preventing accidents), for the proper<br />
and safe execution <strong>of</strong> the Works.<br />
6.9 Contractor's Personnel<br />
Contractor's Personnel<br />
(a)<br />
The Contractor's Personnel shall be appropriately qualified, skilled and<br />
experienced in their respective trades or occupations. The Employer's<br />
Representative may require the Contractor to remove (or cause to be<br />
removed) any person employed on the Site or in the execution <strong>of</strong> the Works,<br />
including the Contractor's Representative and Key Personnel if applicable,<br />
who in the opinion <strong>of</strong> the Employer:<br />
(i)<br />
(ii)<br />
persists in any misconduct or lack <strong>of</strong> care;<br />
carries out duties incompetently or negligently;<br />
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(iii)<br />
(iv)<br />
fails to conform with any provisions <strong>of</strong> the Contract; or<br />
persists in any conduct which is prejudicial to safety, health, or the<br />
protection <strong>of</strong> the environment.<br />
(b)<br />
(c)<br />
(d)<br />
(e)<br />
If Sub-Clause 6.9(a) applies, the Contractor shall then appoint (or cause to be<br />
appointed) a suitable replacement person for each person so removed.<br />
The Contractor shall ensure that the Key Personnel execute the Works and<br />
perform the roles required <strong>of</strong> their nominated positions and are not removed<br />
from those positions without the prior written approval <strong>of</strong> the Employer's<br />
Representative.<br />
If it is necessary to replace any <strong>of</strong> the Key Personnel (whether as a result <strong>of</strong><br />
illness, the application <strong>of</strong> this Sub-Clause 6.9 or otherwise), the Contractor<br />
shall immediately arrange for a replacement by a substitute person approved<br />
by the Employer's Representative to execute the Works required <strong>of</strong> the<br />
replaced person's nominated position.<br />
If there is a position listed in the Schedule <strong>of</strong> Key Personnel but no person is<br />
named in that particular role then the Contractor shall obtain the Employer's<br />
Representative's approval (such approval not to be unreasonably withheld)<br />
before appointing a person to fill that particular role.<br />
6.10 Records <strong>of</strong> Contractor's Personnel and Equipment<br />
Records <strong>of</strong> Contractor's Personnel and Equipment<br />
(a)<br />
(b)<br />
The Contractor shall submit, to the Employer's Representative, details<br />
showing the number <strong>of</strong> each class <strong>of</strong> Contractor's Personnel and <strong>of</strong> each type<br />
<strong>of</strong> Contractor's Equipment on the Site.<br />
The details referred to in Sub-Clause 6.10(a) shall be submitted each<br />
calendar month, in a form approved by the Employer's Representative, until<br />
the Contractor has completed all work which is known to be outstanding at<br />
the completion date stated in the Taking Over Certificate for the Works.<br />
6.11 Disorderly Conduct<br />
Disorderly Conduct<br />
The Contractor shall at all times take all reasonable precautions to prevent any<br />
unlawful, riotous or disorderly conduct by or amongst the Contractor's Personnel, and<br />
to preserve peace and protection <strong>of</strong> persons and property on and near the Site.<br />
6.12 Supply <strong>of</strong> Water<br />
Supply <strong>of</strong> Water<br />
The Contractor shall provide on the Site an adequate supply <strong>of</strong> drinking and other<br />
water for the use <strong>of</strong> its staff and labour.<br />
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6.13 Alcoholic Liquor or Drugs<br />
Alcoholic Liquor or Drugs<br />
The Contractor shall not bring onto or store on the Site, import, sell, give, barter or<br />
otherwise dispose <strong>of</strong> any alcoholic liquor or drugs, or permit or suffer any such<br />
importation, sale, gift, barter or disposal by its Subcontractors, agents, staff or labour.<br />
6.14 Arms, Ammunition and Explosives<br />
Arms, Ammunition and Explosives<br />
Unless otherwise stated in the Schedule <strong>of</strong> Specification or instructed or permitted by<br />
the Employer in writing, the Contractor shall not bring onto or store on the Site, give,<br />
barter or otherwise dispose <strong>of</strong> to any person or persons, any arms, ammunition or<br />
explosives <strong>of</strong> any kind or permit or suffer the same.<br />
6.15 Festivals and Religious Customs<br />
Festivals and Religious Customs<br />
The Contractor shall in all dealings with its staff and labour have due regard to all<br />
recognised festivals, days <strong>of</strong> rest and religious or other customs.<br />
6.16 Epidemics<br />
Epidemics<br />
In the event <strong>of</strong> any outbreak <strong>of</strong> illness <strong>of</strong> an epidemic nature, the Contractor shall<br />
comply with and carry out such regulations, orders and requirements as may be<br />
made by the Authorities or local medical or sanitary authorities for the purpose <strong>of</strong><br />
dealing with or overcoming the epidemic.<br />
6.17 Fundamental Principles and Rights at Work:<br />
Fundamental Principles and Rights at Work:<br />
(a)<br />
(b)<br />
(c)<br />
The Contractor warrants that it will comply with, and ensure the Contractor’s<br />
Personnel will comply with, the 1998 International Labour Organization (ILO)<br />
Declaration on Fundamental Principles and Rights at Work. These universal<br />
rights, as applied in the context <strong>of</strong> ILO, are freedom <strong>of</strong> association and the<br />
effective recognition <strong>of</strong> the right to collective bargaining, the elimination <strong>of</strong><br />
forced or compulsory labour, the abolition <strong>of</strong> child labour and the elimination<br />
<strong>of</strong> discrimination in respect <strong>of</strong> employment and occupation.<br />
In addition to the requirements in Sub-Clause 6.7, the Contractor shall<br />
provide a safe and secure working environment, and provide separate<br />
amenities on the Site, for women employed in the execution <strong>of</strong> the Works.<br />
The Contractor acknowledges and agrees that any breach <strong>of</strong> this Sub-Clause<br />
6.17 shall entitle the Employer to terminate the Contract immediately in<br />
accordance with Sub-Clause 15.2, without any liability for termination charges<br />
or any other liability <strong>of</strong> any kind.<br />
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6.18 Child Labour<br />
Child Labour<br />
(a)<br />
(b)<br />
The Contractor represents and warrants that neither it, its parent entities (if<br />
any), nor any <strong>of</strong> the Contractor’s subsidiary or affiliated entities (if any) is<br />
engaged in any practice inconsistent with the rights set forth in the<br />
Convention on the Rights <strong>of</strong> the Child, including Article 32 there<strong>of</strong>, which,<br />
inter alia, requires that a child shall be protected from performing any work<br />
that is likely to be hazardous or to interfere with the child’s education, or to be<br />
harmful to the child’s health or physical, mental, spiritual, moral, or social<br />
development.<br />
The Contractor acknowledges and agrees that any breach <strong>of</strong> this Sub-Clause<br />
6.18 shall entitle the Employer to terminate the Contract immediately in<br />
accordance with Sub-Clause 15.2, without any liability for termination charges<br />
or any other liability <strong>of</strong> any kind.<br />
6.19 Sexual Exploitation<br />
Sexual Exploitation<br />
(a)<br />
(b)<br />
(c)<br />
The Contractor shall take all appropriate measures to prevent sexual<br />
exploitation or abuse <strong>of</strong> anyone by the Contractor’s Personnel. For these<br />
purposes, sexual exploitation and abuse includes sexual activity with any<br />
person less than eighteen years <strong>of</strong> age, regardless <strong>of</strong> any laws relating to<br />
consent, unless such sexual activity is consensual between two persons who<br />
are married and such marriage is recognized as valid under the laws <strong>of</strong> the<br />
country <strong>of</strong> citizenship <strong>of</strong> such Contractor’s Personnel.<br />
In addition, the Contractor shall refrain from, and shall take all reasonable and<br />
appropriate measures to prohibit its employees or other persons engaged<br />
and controlled by it from exchanging any money, goods, services, or other<br />
things <strong>of</strong> value, for sexual favours or activities, or from engaging any sexual<br />
activities that are exploitive or degrading to any person.<br />
The Contractor acknowledges and agrees that any breach <strong>of</strong> this Sub-Clause<br />
6.19 shall entitle the Employer to terminate the Contract immediately in<br />
accordance with sub-Clause 15.2, without any liability for termination charges<br />
or any other liability <strong>of</strong> any kind.<br />
7. PLANT, MATERIALS AND WORKMANSHIP<br />
7.1 Manner <strong>of</strong> Execution<br />
Manner <strong>of</strong> Execution<br />
The Contractor warrants that it shall carry out the manufacture <strong>of</strong> Plant, the<br />
production and manufacture <strong>of</strong> Materials, and all other execution <strong>of</strong> the Works:<br />
(a)<br />
in the manner (if any) specified in the Contract;<br />
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(b)<br />
(c)<br />
exercising the standard <strong>of</strong> skill, care and diligence <strong>of</strong> qualified and<br />
experienced contractors acting in accordance with Industry Best Practices;<br />
and<br />
with properly equipped facilities and new, good quality and non-hazardous<br />
Materials and Plant.<br />
7.2 Samples<br />
Samples<br />
(a)<br />
The Contractor shall submit the following samples <strong>of</strong> Materials, and all<br />
relevant information, to the Employer's Representative for its consent, in<br />
accordance with the dates identified in the Contract Programme, and in any<br />
event not less than 30 days prior to using the Materials in or for the Works:<br />
(i)<br />
(ii)<br />
manufacturer's and suppliers standard samples <strong>of</strong> Materials and any<br />
other samples specified in the Contract, all at the Contractor's cost;<br />
and<br />
additional samples instructed by the Employer's Representative,<br />
(the "Samples").<br />
(b)<br />
(c)<br />
(d)<br />
Each Sample shall be labelled as to origin and intended use in the Works.<br />
The Samples shall be submitted in batches <strong>of</strong> a reasonable quantity to enable<br />
the Employer to comply with its obligations under this Sub-Clause 7.2.<br />
The Employer's Representative may review the Samples submitted by the<br />
Contractor under this Sub-Clause 7.2 and any other documents or<br />
information required by the Employer's Representative relating to the<br />
Samples.<br />
Subject to the proper submission <strong>of</strong> the Samples to the Employer's<br />
Representative for review under this Sub-Clause 7.2, the Employer's<br />
Representative shall, within 30 days <strong>of</strong> receipt by the Employer's<br />
Representative <strong>of</strong> the relevant Sample, indicate by notice in writing, if the<br />
Employer's Representative:<br />
(i)<br />
(ii)<br />
is not satisfied that the relevant Sample is in accordance with the<br />
Contract, specifying in what respects it considers that the Sample is<br />
not in accordance with the Contract and the Contractor shall submit<br />
an amended or alternative Sample to the Employer's Representative<br />
in accordance with this Sub-Clause 7.2; or<br />
is satisfied that the relevant Sample is in accordance with the<br />
Contract.<br />
(e)<br />
The Contractor shall inform the Employer's Representative in writing if any<br />
amendments requested by the Employer's Representative to any Samples<br />
would be inconsistent with any Laws or any other requirements <strong>of</strong> the<br />
Contract.<br />
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(f)<br />
(g)<br />
Where the Employer's Representative reviews and is satisfied with any<br />
Samples pursuant to this Sub-Clause, it does so for the purpose <strong>of</strong><br />
administration <strong>of</strong> the Contract only and any such review or satisfaction shall<br />
not relieve the Contractor from its obligations to execute and complete the<br />
Works in accordance with the Contract, or from any <strong>of</strong> its warranties,<br />
obligations or liabilities under or in connection with the Contract.<br />
The Contractor will be deemed to have made sufficient allowance within the<br />
Contract Programme for the submission and review <strong>of</strong> all Samples in<br />
accordance with this Sub-Clause 7.2.<br />
7.3 Inspection<br />
Inspection<br />
(a)<br />
The Employer's Personnel and any other person authorised in writing by any<br />
<strong>of</strong> them for this purpose shall at all reasonable times:<br />
(i)<br />
(ii)<br />
have full access to all parts <strong>of</strong> the Site and to all places from which<br />
natural Materials are being obtained; and<br />
during production, manufacture and construction (at the Site and<br />
elsewhere), be entitled to examine, inspect, measure and test the<br />
Materials and workmanship, and to check the progress <strong>of</strong><br />
manufacture <strong>of</strong> Plant and production and manufacture <strong>of</strong> Materials.<br />
(b)<br />
(c)<br />
The Contractor shall give the Employer's Personnel full opportunity to carry<br />
out these activities, including providing access, facilities, permissions and<br />
safety equipment. No such activity shall relieve the Contractor from any <strong>of</strong> its<br />
obligations, warranties or liabilities under or in connection with the Contract.<br />
The Contractor shall give sufficient notice to the Employer's Representative,<br />
allowing for any security restraints on the Employer’s Personnel travelling to<br />
the Site, whenever any Works are ready for inspection and before such<br />
Works are covered up, put out <strong>of</strong> sight, or packaged for storage or transport.<br />
The Employer's Representative shall then either carry out the examination,<br />
inspection, measurement or testing without unreasonable delay or give notice<br />
to the Contractor that the Employer's Representative does not require to do<br />
so. If the Contractor fails to give the notice in sufficient time, it shall, if and<br />
when required by the Employer's Representative, uncover the work and<br />
thereafter reinstate and make good, all at the Contractor's cost.<br />
7.4 Testing<br />
Testing<br />
(a)<br />
(b)<br />
This Sub-Clause 7.4 shall apply to all tests specified in the Contract.<br />
If requested by the Employer's Representative, the Contractor shall, no later<br />
than 60 days after the Date <strong>of</strong> the Contract, submit a Testing Plan for the<br />
Works (including any Sections <strong>of</strong> the Works) in a format acceptable to the<br />
Employer's Representative, that complies with the requirements <strong>of</strong> the<br />
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Contract, including the Specification, the Contractor's quality control system<br />
under Sub-Clause 4.9 [Quality Control] and the Contract Programme.<br />
(c)<br />
The Testing Plan shall include a detailed description <strong>of</strong>:<br />
(i)<br />
(ii)<br />
(iii)<br />
(iv)<br />
(v)<br />
(vi)<br />
the types <strong>of</strong> tests to be carried out;<br />
the location, number and frequency <strong>of</strong> the tests;<br />
the test conditions (which shall include normal operating conditions<br />
and emergency conditions);<br />
required attendees at the tests (which shall include any persons<br />
nominated by the Employer's Representative);<br />
the form <strong>of</strong> the test results; and<br />
any other requirements (if any) set out in the Specification.<br />
(d)<br />
(e)<br />
(f)<br />
(g)<br />
(h)<br />
(i)<br />
(j)<br />
The Employer's Representative will review the Testing Plan provided by the<br />
Contractor under Sub-Clause 7.4(b) or under Sub-Clause 7.4(e). If the<br />
Testing Plan is not in accordance with the Contract, the Employer's<br />
Representative will provide a written notice setting out the reasons why the<br />
Testing Plan is not in accordance with the Contract.<br />
The Contractor shall (at its cost) promptly amend the Testing Plan and resubmit<br />
it to the Employer's Representative for review.<br />
The process shall be repeated until the Employer's Representative<br />
determines and approves in writing that the Testing Plan is in accordance<br />
with the Contract.<br />
For the avoidance <strong>of</strong> doubt, the Contractor is not entitled to an extension <strong>of</strong><br />
time or an adjustment to the Contract Price for developing or amending the<br />
Testing Plan.<br />
The Contractor shall provide all apparatus, assistance, documents and other<br />
information, electricity, equipment, fuel, consumables, instruments, labour,<br />
materials, and suitably qualified and experienced staff, as are necessary to<br />
carry out all tests specified in the Contract and any testing equipment,<br />
apparatus and/or materials (if any) stated in the Schedule <strong>of</strong> Specification for<br />
use by the Employer.<br />
Unless otherwise agreed by the Parties, the Contractor shall undertake all<br />
tests in accordance with the Testing Plan approved pursuant to Sub-Clause<br />
7.4(f), and shall agree, with the Employer's Representative, 4 days prior<br />
written notice <strong>of</strong> the time and place for the specified testing <strong>of</strong> any Plant,<br />
Materials and other parts <strong>of</strong> the Works. The Employer, the Employer's<br />
Representative and any other Employer's Personnel shall be entitled to be<br />
present at any tests.<br />
The Employer's Representative may, under Clause 13 [Variations and<br />
Adjustments], vary the location or details <strong>of</strong> specified tests, or instruct the<br />
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Contractor to carry out additional tests. If these varied or additional tests<br />
show that the tested Plant, Materials or workmanship is not in accordance<br />
with the Contract, all costs <strong>of</strong> carrying out this Variation shall be borne by the<br />
Contractor, notwithstanding any other provisions <strong>of</strong> the Contract, and the<br />
Contractor shall not be entitled to an extension <strong>of</strong> time or an adjustment to the<br />
Contract Price for performing such tests.<br />
(k)<br />
(l)<br />
If the Employer's Representative does not attend at the time and place<br />
agreed, the Contractor may proceed with the tests, unless otherwise<br />
instructed by the Employer's Representative.<br />
If the Contractor suffers delay and/or incurs Costs from complying with an<br />
instruction by the Employer's Representative to perform varied or additional<br />
tests, and the results <strong>of</strong> such tests shows that the tested Plant, Materials or<br />
workmanship is in accordance with the Contract, the Contractor shall give a<br />
Claim Notice to the Employer's Representative and shall be entitled subject to<br />
Sub-Clause 20.1 [Contractor's Claims] to:<br />
(i)<br />
(ii)<br />
an extension <strong>of</strong> time for any such delay, if completion is or will be<br />
delayed, under Sub-Clause 8.4 [Extension <strong>of</strong> Time for Completion];<br />
and<br />
payment <strong>of</strong> any Costs, which shall be added to the Contract Price as<br />
a Variation.<br />
(m)<br />
(n)<br />
After receiving the Claim Notice under Sub-Clause 7.4(l), the Employer's<br />
Representative shall proceed in accordance with Sub-Clause 20.1<br />
[Contractor's Claims] and Sub-Clause 3.5 [Determinations] to agree or<br />
determine the matters described in Sub-Clause 7.4(l).<br />
The Contractor shall promptly forward to the Employer's Representative duly<br />
certified reports <strong>of</strong> all tests performed in accordance with the Contract and the<br />
Specification. When the specified tests have been passed, the Employer's<br />
Representative shall endorse the Contractor's test certificate, or issue a<br />
certificate to that effect. If the Employer's Representative has not attended<br />
the tests, it shall be deemed to have accepted the readings as accurate.<br />
7.5 Rejection<br />
Rejection<br />
(a)<br />
(b)<br />
If, as a result <strong>of</strong> an examination, inspection, measurement or testing, any<br />
Plant, Materials, design or workmanship is found to be defective or otherwise<br />
not in accordance with the Contract, the Employer may reject the Plant,<br />
Materials, design or workmanship by giving notice to the Contractor, with<br />
reasons. The Contractor shall (at its cost) then promptly make good the<br />
defect and ensure that the rejected item complies with the Contract.<br />
If the Employer's Representative requires this Plant, Materials, design or<br />
workmanship to be retested, the tests shall be repeated under the same<br />
terms and conditions. If the rejection and retesting cause the Employer to<br />
incur additional Costs, the Contractor shall pay these Costs to the Employer.<br />
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(c)<br />
(d)<br />
(e)<br />
The Employer may instruct the Contractor to open up for inspection and<br />
retest part <strong>of</strong> the Works which have been covered up, to determine if such<br />
part <strong>of</strong> the Works is defective or otherwise not in accordance with the<br />
Contract.<br />
If such parts <strong>of</strong> the Works, referred to under Sub-Clause 7.5(c), are defective<br />
or otherwise not in accordance with the Contract, the costs <strong>of</strong> such opening<br />
up (together with the costs <strong>of</strong> promptly making good the defects) shall be<br />
borne by the Contractor. For the avoidance <strong>of</strong> doubt, the Contractor shall not<br />
be entitled to any extension <strong>of</strong> time or increase in the Contract Price as a<br />
result <strong>of</strong> any such opening up.<br />
Subject to Sub-Clause 7.3(c), if such parts <strong>of</strong> the Works, referred to under<br />
Sub-Clause 7.5(c), are in accordance with the Contract and the Contractor<br />
suffers delay and/or incurs Cost from complying with an instruction by the<br />
Employer's Representative to open up for inspection and retest part <strong>of</strong> the<br />
Works which have been covered up, the Contractor shall give a Claim Notice<br />
to the Employer's Representative and shall be entitled, subject to Sub-Clause<br />
20.1 [Contractor's Claims] to:<br />
(i)<br />
(ii)<br />
an extension <strong>of</strong> time for any such delay, if completion is or will be<br />
delayed, under Sub-Clause 8.4 [Extension <strong>of</strong> Time for Completion];<br />
and<br />
payment <strong>of</strong> any Cost, which shall be added to the Contract Price as a<br />
Variation.<br />
(f)<br />
After receiving the Claim Notice under Sub-Clause 7.5(e), the Employer's<br />
Representative shall proceed in accordance with Sub-Clause 20.1<br />
[Contractor's Claims] and Sub-Clause 3.5 [Determinations] to agree or<br />
determine the matters described in Sub-Clause 7.5(e).<br />
7.6 Remedial Work<br />
Remedial Work<br />
(a) Notwithstanding any previous test or certification, the Employer's<br />
Representative may instruct the Contractor to:<br />
(i)<br />
(ii)<br />
(iii)<br />
remove from the Site and replace any Plant or Materials which are not<br />
in accordance with the Contract;<br />
remove and re-execute any other work which is not in accordance<br />
with the Contract; and<br />
execute any work which is urgently required for the safety <strong>of</strong> the<br />
Works, whether because <strong>of</strong> an accident, unforeseeable event or<br />
otherwise.<br />
(b)<br />
The Contractor shall comply with the instruction within the time (if any)<br />
specified in the instruction, or immediately if urgency is specified under Sub-<br />
Clause 7.6(a)(iii).<br />
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(c)<br />
If the Contractor fails to comply with the instruction, the Employer shall be<br />
entitled to employ and pay other persons to carry out the work. Except to the<br />
extent that the Contractor would have been entitled to payment for the work,<br />
the Contractor shall pay to the Employer all Costs arising from this failure.<br />
7.7 Ownership <strong>of</strong> Plant and Materials<br />
Ownership <strong>of</strong> Plant and Materials<br />
Each item <strong>of</strong> Plant and Materials shall, to the extent consistent with the Laws,<br />
become the property <strong>of</strong> the Employer at whichever is the earlier <strong>of</strong> the following<br />
times, free from Security Interests and other encumbrances:<br />
(a)<br />
(b)<br />
when it is delivered to the Site; and<br />
when the Contractor is entitled to payment <strong>of</strong> the value <strong>of</strong> the Plant and<br />
Materials under Sub-Clause 8.10 [Payment for Plant and Materials in Event <strong>of</strong><br />
Suspension].<br />
7.8 Royalties<br />
Royalties<br />
Unless otherwise stated in the Contract, the Contractor shall pay all royalties, rents<br />
and other payments for:<br />
(a)<br />
(b)<br />
natural Materials obtained from outside the Site; and<br />
the disposal <strong>of</strong> material from demolitions and excavations and <strong>of</strong> other<br />
surplus material (whether natural or man-made), except to the extent that<br />
disposal areas within the Site are specified in the Contract.<br />
7.9 Security Interest<br />
Security Interest<br />
(a)<br />
(b)<br />
(c)<br />
The Contractor acknowledges and agrees that it shall not file, claim or<br />
register any Security Interest, and shall use its best efforts to prevent any<br />
Security Interest from being filed, claimed or registered by any Subcontractor<br />
or by any employee, servant or agent <strong>of</strong> the Contractor or Subcontractor,<br />
against the Works or any real or other property <strong>of</strong> the Employer or the<br />
Contractor, for any works done or any services rendered or any item <strong>of</strong> Plant<br />
or Materials supplied under the Contract or any subcontract let by the<br />
Contractor and shall procure that all subcontracts contain undertakings to the<br />
like effect.<br />
In the event that any such Security Interest should be filed, claimed or<br />
registered, the Contractor shall immediately notify the Employer and shall<br />
promptly discharge, by bond or otherwise to the satisfaction <strong>of</strong> the Employer,<br />
such Security Interest.<br />
Until any Security Interest contemplated by Sub-Clause 7.9(b) is fully<br />
discharged, the Employer shall have the right to withhold one hundred and<br />
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twenty five percent (125%) <strong>of</strong> the full amount claimed giving rise to the<br />
Security Interest from any payments to be made to the Contractor, and such<br />
withholding <strong>of</strong> payment shall not affect the other rights and obligations <strong>of</strong> the<br />
Parties under the Contract. Alternatively, the Employer may, at its discretion,<br />
discharge the Security Interest by paying the appropriate amount directly to<br />
the relevant person and deduct such amount from further payments to be<br />
made to the Contractor pursuant to the Contract.<br />
(d)<br />
(e)<br />
The Contractor shall indemnify the Employer against any loss, damage, cost<br />
or expense (including legal fees and the cost and expense <strong>of</strong> the Employer<br />
discharging any Security Interest as contemplated by Sub-Clause 7.9(c)) to<br />
the extent arising out <strong>of</strong> or in connection with any Security Interest being filed,<br />
claimed or registered as referred to in Sub-Clause 7.9(b).<br />
On its application for the Taking Over Certificate for the Works, pursuant to<br />
Sub-Clause 10 [Employer's Taking Over], the Contractor shall certify to the<br />
Employer, by way <strong>of</strong> a certificate, that it has no knowledge <strong>of</strong> any outstanding<br />
Security Interests or claims which may result in Security Interests affecting<br />
the Works or the Site.<br />
8. COMMENCEMENT, DELAYS AND SUSPENSION<br />
8.1 Commencement <strong>of</strong> Work<br />
Commencement <strong>of</strong> Work<br />
The Contractor shall commence the execution <strong>of</strong> the Works (including, without<br />
limitation, mobilisation and procurement) promptly after the Date <strong>of</strong> the Contract and<br />
shall proceed with the Works with due expedition and without delay in accordance<br />
with the Approved Preliminary Programme and, upon certification by the Employer's<br />
Representative, the Contract Programme submitted under Sub-Clause 8.3 [Contract<br />
Programme].<br />
8.2 Time for Completion<br />
Time for Completion<br />
(a)<br />
The Contractor shall complete the whole <strong>of</strong> the Works, and each Section to<br />
enable such Works to be Taken Over by the Employer in accordance with<br />
Sub-Clause 10.1 [Taking Over <strong>of</strong> the Works and Sections], within the Time for<br />
Completion for the Works or Section (as the case may be) including:<br />
(i)<br />
(ii)<br />
(iii)<br />
achieving each Milestone by the relevant Milestone Date;<br />
achieving the passing <strong>of</strong> the Tests on Completion to the Employer's<br />
Representative's satisfaction;<br />
satisfying all other preconditions to issuing a Taking Over Certificate<br />
as specified in the definition <strong>of</strong> Taken Over in Sub-Clause 1.1<br />
[Definitions] or elsewhere in the Contract; and<br />
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(iv)<br />
completing all other work and submitting all other information and<br />
documents which is stated in the Contract as being required for the<br />
Works or Section to be considered to be completed for the purposes<br />
<strong>of</strong> issuing a Taking Over Certificate under Sub-Clause 10.1 [Taking<br />
Over <strong>of</strong> the Works and Sections].<br />
(b)<br />
The Contractor shall complete the Milestones by the Milestone Dates set out<br />
in the Schedule <strong>of</strong> Programme.<br />
8.3 Contract Programme<br />
Contract Programme<br />
(a)<br />
(b)<br />
(c)<br />
(d)<br />
(e)<br />
(f)<br />
(g)<br />
Not later than 21 days after the Date <strong>of</strong> the Contract, the Contractor shall<br />
submit to the Employer's Representative, for its approval, with a copy to the<br />
Employer, a fully detailed draft Contract Programme that complies with the<br />
requirements <strong>of</strong> the Contract, including Industry Best Practices and the<br />
requirements set out in the Schedule <strong>of</strong> Programme under the heading<br />
"Programme Requirements".<br />
After receiving the Contractor's fully detailed draft Contract Programme under<br />
Sub-Clause 8.3(a), the Employer's Representative shall review the draft<br />
Contract Programme and, if the Employer's Representative determines that<br />
the draft Contract Programme does not comply with the requirements<br />
specified under Sub-Clause 8.3(a), within 21 days <strong>of</strong> receiving such draft<br />
Contract Programme, provide a written notice to the Contractor's<br />
Representative, setting out the reasons why the draft Contract Programme is<br />
not in accordance with the Contract.<br />
The Contractor shall, within 7 days, amend the draft Contract Programme and<br />
re-submit it to the Employer's Representative for review and the process shall<br />
be repeated until the Employer's Representative determines the draft<br />
Contract Programme is in accordance with the Contract.<br />
Upon the Employer's Representative determining that the draft Contract<br />
Programme complies with the requirements specified under Sub-Clause<br />
8.3(a), the Employer's Representative shall provide a written notice to the<br />
Contractor, and such draft Contract Programme, upon certification by the<br />
Employer's Representative shall become the "Contract Programme" for the<br />
purposes <strong>of</strong> the Contract.<br />
The Contractor is not entitled to an extension <strong>of</strong> time or an adjustment to the<br />
Contract Price for developing or amending the draft Contract Programme<br />
issued in accordance with this Sub-Clause 8.3.<br />
The Contract Programme will be used to monitor the progress <strong>of</strong> the<br />
execution <strong>of</strong> the Works.<br />
If requested at any time by the Employer’s Representative, the Contractor<br />
shall provide an updated s-curve with each monthly progress report pursuant<br />
to Sub-Clause 4.21 [Progress Reports] to display actual versus early and late<br />
planned progress and updated cash flow estimates every quarter.<br />
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(h)<br />
The Contractor shall submit a critical activity listing and a revised working<br />
programme with each monthly progress report pursuant to Sub-Clause 4.21<br />
[Progress Reports] to reflect the actual progress <strong>of</strong> the Works relevant to the<br />
Contract Programme. The revised working programme shall be in the same<br />
format and accompanied by the same supporting information as the Contract<br />
Programme and shall detail:<br />
(i)<br />
(ii)<br />
(iii)<br />
(iv)<br />
the activities recently completed with actual start and finish dates and<br />
the activities in progress or to be performed/started in the future;<br />
all Milestones and Milestone Dates;<br />
the physical percentage complete for each activity; and<br />
the critical path for the Works based on the Contractor's latest working<br />
programme.<br />
(i)<br />
(j)<br />
(k)<br />
(l)<br />
(m)<br />
Following such submission, the Contractor and the Employer's Personnel<br />
shall review the critical activity listing to identify problem areas and corrective<br />
actions necessary.<br />
If at any time the Employer's Representative forms the opinion that the actual<br />
progress <strong>of</strong> the Works does not conform to the Contract Programme, the<br />
Contractor shall produce, at the request <strong>of</strong> the Employer's Representative, a<br />
revised working programme and supporting report in accordance with Sub-<br />
Clause 8.6(a) [Rate <strong>of</strong> Progress].<br />
The Contractor shall submit such revised working programme to the<br />
Employer's Representative within 7 days <strong>of</strong> being requested to do so by the<br />
Employer's Representative. Failure <strong>of</strong> the Contractor to submit a revised<br />
working programme in accordance with this Sub-Clause 8.3, will entitle the<br />
Employer to withhold payments due to the Contractor until the revised<br />
working programme is submitted in accordance with the Contract.<br />
Any amended or revised working programme submitted by the Contractor<br />
under this Sub-Clause 8.3 will not affect or replace the Contract Programme<br />
unless expressly agreed to by the Employer's Representative in writing.<br />
The submission to and review by the Employer's Representative <strong>of</strong> any<br />
amended or revised working programme or any other document or revision<br />
there<strong>of</strong> under this Sub-Clause 8.3 shall not in any way relieve the Contractor<br />
<strong>of</strong> any <strong>of</strong> its warranties, obligations or liabilities under or in connection with<br />
the Contract.<br />
8.4 Extension <strong>of</strong> Time for Completion<br />
Extension <strong>of</strong> Time for Completion<br />
(a)<br />
The Contractor is only entitled, subject to Sub-Clause 20.1 [Contractor's<br />
Claims], to an extension to the Time for Completion if, and to the extent it<br />
satisfies the Employer's Representative that, completion for the purposes <strong>of</strong><br />
Sub-Clause 10.1 [Taking Over <strong>of</strong> the Works and Sections] <strong>of</strong> an activity on<br />
the critical path <strong>of</strong> the Contract Programme is or will be delayed to the extent<br />
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that the Contractor will not be able to complete the Works within the Time for<br />
Completion, by any <strong>of</strong> the following causes:<br />
(i)<br />
(ii)<br />
(iii)<br />
a Variation (unless an adjustment to the Time for Completion has<br />
been agreed under Sub-Clause 13.3 [Variation Procedure] and<br />
excluding Variations required due to an act, omission or default <strong>of</strong> the<br />
Contractor or the Contractor's Personnel);<br />
a cause <strong>of</strong> delay expressly giving an entitlement to an extension <strong>of</strong><br />
time under a Sub-Clause <strong>of</strong> these General Conditions; or<br />
subject to Sub-Clause 4.6 [Co-operation], any delay, impediment or<br />
act <strong>of</strong> prevention caused by or attributable to the Employer, the<br />
Employer's Personnel or the Employer's other contractors on the Site.<br />
(b)<br />
(c)<br />
(d)<br />
(e)<br />
If the Contractor considers itself to be entitled to an extension to the Time for<br />
Completion, the Contractor shall give a Claim Notice to the Employer's<br />
Representative in accordance with Sub-Clause 20.1 [Contractor's Claims].<br />
When determining each extension <strong>of</strong> time under Sub-Clause 20.1<br />
[Contractor's Claims], the Employer's Representative shall review previous<br />
determinations and may increase, but shall not decrease, the total extension<br />
<strong>of</strong> time.<br />
If the Employer's Representative agrees or determines that the Contractor is<br />
entitled to an extension <strong>of</strong> the Time for Completion in accordance with Sub-<br />
Clause 20.1 [Contractor's Claims], the Contractor shall, within 14 days <strong>of</strong><br />
such determination, submit a revised draft Contract Programme that shows<br />
the effect <strong>of</strong> the approved extension <strong>of</strong> Time for Completion on the existing<br />
Contract Programme.<br />
After receiving the Contractor's proposed revised Contract Programme under<br />
Sub-Clause 8.4(c), the Employer's Representative shall proceed in<br />
accordance with Sub-Clause 3.5 [Determinations] to agree or determine the<br />
adjustment, if any, to the Contract Programme, and such adjusted Contract<br />
Programme, certified by the Employer's Representative, shall become the<br />
Contract Programme.<br />
Despite any other provisions <strong>of</strong> the Contract, the Contractor will not be<br />
entitled to any extension to the Time for Completion, unless the cause <strong>of</strong> the<br />
delay has delayed, or will delay, an activity on the critical path <strong>of</strong> the Contract<br />
Programme.<br />
8.5 Delays Caused by Authorities<br />
Delays Caused by Authorities<br />
(a)<br />
If the following conditions apply, namely:<br />
(i)<br />
the Contractor has diligently followed the procedures laid down by any<br />
relevant Authority;<br />
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(ii)<br />
(iii)<br />
the Authority delays or disrupts the Contractor's work such that it will<br />
not be able to complete the Works within the Time for Completion;<br />
and<br />
the delay or disruption was Unforeseeable,<br />
then this delay or disruption will be considered as a cause <strong>of</strong> delay under<br />
Sub-Clause 8.4(a).<br />
(b)<br />
Notwithstanding any other provision <strong>of</strong> the Contract, if Sub-Clause 8.5(a)<br />
applies, the Contractor shall not be entitled to any increase to the Contract<br />
Price.<br />
8.6 Rate <strong>of</strong> Progress<br />
Rate <strong>of</strong> Progress<br />
(a)<br />
If, at any time:<br />
(i)<br />
(ii)<br />
actual progress <strong>of</strong> the Works is too slow to allow completion <strong>of</strong> the<br />
Works within the Time for Completion; and/or<br />
progress has fallen (or will fall) behind the Contract Programme under<br />
Sub-Clause 8.3 [Contract Programme],<br />
other than as a result <strong>of</strong> a cause listed in Sub-Clause 8.4 [Extension <strong>of</strong> Time<br />
for Completion], then the Employer's Representative may instruct the<br />
Contractor to submit a revised working programme and supporting report<br />
describing the revised methods which the Contractor proposes to adopt in<br />
order to expedite progress and achieve completion <strong>of</strong> the Works in<br />
accordance with the Contract Programme and within the Time for Completion.<br />
(b)<br />
(c)<br />
(d)<br />
Unless the Employer's Representative notifies otherwise, the Contractor shall<br />
adopt these revised methods, which may require increases in the working<br />
hours and/or in the numbers <strong>of</strong> Contractor's Personnel and/or Goods, at the<br />
risk and cost <strong>of</strong> the Contractor. If these revised methods cause the Employer<br />
to incur additional Costs, the Contractor shall pay these Costs to the<br />
Employer, in addition to any Delay Damages under Sub-Clause 8.7 [Delay<br />
Damages].<br />
The Employer's Representative may, at any time, initiated either by an<br />
instruction or by a request for the Contractor to submit a proposal, direct the<br />
Contractor's Representative to accelerate the Works for any reason including<br />
as an alternative to granting an extension <strong>of</strong> time to the Time for Completion.<br />
If the Employer's Representative requests a proposal under Sub-Clause<br />
8.6(c), prior to directing the Contractor to accelerate the Works, the<br />
Contractor shall respond in writing as soon as practicable and within 14 days<br />
by submitting:<br />
(i)<br />
a description <strong>of</strong> the proposed amendments to the sequence <strong>of</strong> the<br />
Works along with proposed additional resources and materials<br />
necessary to accelerate the Works;<br />
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(ii)<br />
(iii)<br />
the Contractor's proposal for any necessary modifications to the<br />
Contract Programme and to the Time for Completion; and<br />
the Contractor's proposal for adjustment to the Contract Price.<br />
(e)<br />
(f)<br />
(g)<br />
(h)<br />
The Employer's Representative shall, as soon as practicable after receiving<br />
such proposal under Sub-Clause 8.6(d), respond with approval and direction<br />
to accelerate the Works, disapproval or comments.<br />
If the Employer's Representative directs the Contractor to accelerate the<br />
Works, except where the direction was issued as a consequence <strong>of</strong> the<br />
failure <strong>of</strong> the Contractor to fulfil its obligations under the Contract, the<br />
Contractor shall, within 14 days <strong>of</strong> such determination, submit a proposed<br />
revised Contract Programme that shows the effect <strong>of</strong> the acceleration<br />
direction on the Contract Programme.<br />
After receiving the Contractor's proposed revised Contract Programme under<br />
Sub-Clause 8.6(f), the Employer's Representative shall proceed in<br />
accordance with Sub-Clause 3.5 [Determinations] to agree or determine the<br />
adjustment, if any, to the Contract Programme, and such adjusted Contract<br />
Programme, certified by the Employer's Representative, shall become the<br />
Contract Programme.<br />
If the Contractor incurs Costs in complying with an acceleration direction<br />
under Sub-Clause 8.6(c) or Sub-Clause 8.6(e), except where the direction<br />
was issued as a consequence <strong>of</strong> the failure <strong>of</strong> the Contractor to fulfil its<br />
obligations under the Contract, the Contractor shall give a Claim Notice in<br />
accordance with Sub-Clause 20.1 [Contractor's Claims] to the Employer's<br />
Representative and shall be entitled, subject to Sub-Clause 20.1 [Contractor's<br />
Claims], to payment <strong>of</strong> any such Costs, which shall be added to the Contract<br />
Price as a Variation.<br />
8.7 Delay Damages<br />
Delay Damages<br />
(a)<br />
(b)<br />
(c)<br />
If the Contractor fails to comply with Sub-Clause 8.2 [Time for Completion]<br />
and complete the Works or a Section within the Time for Completion, the<br />
Contractor shall pay delay damages to the Employer for this default ("Delay<br />
Damages"). The Delay Damages shall be the sum stated in the Schedule <strong>of</strong><br />
Details, which shall be paid for every day which shall elapse between the<br />
relevant Time for Completion and the date the whole <strong>of</strong> the Works or relevant<br />
Section has been Taken Over as stated in the Taking Over Certificate.<br />
The Contractor shall also reimburse the Employer for any additional fees<br />
payable by the Employer to any consultants engaged by the Employer arising<br />
out <strong>of</strong> or in connection with the Contract which are payable as a result <strong>of</strong> the<br />
Contractor's failure to complete the whole <strong>of</strong> the Works within the Time for<br />
Completion.<br />
The Contractor expressly agrees that the Employer may in its absolute<br />
discretion elect to invoke the remedies set out under Sub-Clauses 14.7<br />
[Payment] and 14.16 [Set Off] in recovering such Delay Damages and fee.<br />
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(d)<br />
(e)<br />
(f)<br />
(g)<br />
The total amount <strong>of</strong> Delay Damages due under this Sub-Clause 8.7 shall not<br />
exceed the aggregate maximum amount <strong>of</strong> Delay Damages (if any) stated in<br />
the Schedule <strong>of</strong> Details.<br />
The payment <strong>of</strong> Delay Damages shall not relieve the Contractor from its<br />
obligation to complete the Works in accordance with the Contract, or from any<br />
<strong>of</strong> its warranties, obligations or liabilities under or in connection with the<br />
Contract.<br />
At any time after the Employer has become entitled to Delay Damages, the<br />
Employer may give notice to the Contractor under Sub-Clause 15.1 [Notice to<br />
Correct], requiring the Contractor to complete the Works within a specified<br />
reasonable time. The notice shall not prejudice the Employer's entitlements<br />
to payment under this Sub-Clause 8.7 or to termination under Sub-Clause<br />
15.2 [Termination by Employer].<br />
If the Employer has become entitled, under this Sub-Clause 8.7, to the<br />
aggregate maximum amount <strong>of</strong> Delay Damages stated in the Schedule <strong>of</strong><br />
Details, it shall be entitled to terminate the Contract in accordance with Sub-<br />
Clauses 15.2(a)(viii) and 15.2(b).<br />
8.8 Suspension <strong>of</strong> Work<br />
Suspension <strong>of</strong> Work<br />
(a)<br />
(b)<br />
(c)<br />
The Employer's Representative may at any time, at its sole and absolute<br />
discretion instruct the Contractor to suspend progress <strong>of</strong> part or all <strong>of</strong> the<br />
Works. During such suspension, the Contractor shall protect, store and<br />
secure such part <strong>of</strong> the Works against any deterioration, loss or damage.<br />
During any period <strong>of</strong> suspension, the Contractor shall not remove from the<br />
Site any Materials, Plant or any Contractor's Equipment without the prior<br />
written consent <strong>of</strong> the Employer.<br />
The Employer's Representative may also notify the Contractor <strong>of</strong> the cause<br />
for the suspension. If and to the extent that the suspension is caused or<br />
contributed to by, or the responsibility <strong>of</strong>, the Contractor, or the Contractor's<br />
Personnel, Sub-Clauses 8.9 [Consequences <strong>of</strong> Suspension], 8.10 [Payment<br />
for Plant and Materials in Event <strong>of</strong> Suspension] and 8.11 [Prolonged<br />
Suspension] shall not apply.<br />
8.9 Consequences <strong>of</strong> Suspension<br />
Consequences <strong>of</strong> Suspension<br />
(a)<br />
Subject to Sub-Clause 8.9(c), if the Contractor suffers delay and/or incurs<br />
Costs from complying with the Employer's Representative's instructions under<br />
Sub-Clause 8.8 [Suspension <strong>of</strong> Work] and/or from resuming the work, the<br />
Contractor shall give a Claim Notice to the Employer's Representative and<br />
shall be entitled subject to Sub-Clause 20.1 [Contractor's Claims] to:<br />
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(i)<br />
(ii)<br />
an extension <strong>of</strong> time for any such delay, if completion is or will be<br />
delayed, under Sub-Clause 8.4 [Extension <strong>of</strong> Time for Completion];<br />
and<br />
payment <strong>of</strong> any such Costs, which shall be added to the Contract<br />
Price as a Variation.<br />
(b)<br />
(c)<br />
After receiving the Claim Notice under Sub-Clause 8.9(a), the Employer's<br />
Representative shall proceed in accordance with Sub-Clause 20.1<br />
[Contractor's Claims] and Sub-Clause 3.5 [Determinations] to agree or<br />
determine the matters described in Sub-Clauses 8.9(a)(i) and (ii).<br />
For the avoidance <strong>of</strong> doubt, the Contractor shall not be entitled to an<br />
extension <strong>of</strong> time or any increase to the Contract Price, for making good the<br />
consequences <strong>of</strong> the Contractor's faulty design, workmanship or materials, or<br />
<strong>of</strong> the Contractor's failure to protect, store or secure in accordance with Sub-<br />
Clause 8.8 [Suspension <strong>of</strong> Work] or in respect <strong>of</strong> any other breach <strong>of</strong> the<br />
Contract by the Contractor or the Contractor's Personnel.<br />
8.10 Payment for Plant and Materials in Event <strong>of</strong> Suspension<br />
Payment for Plant and Materials in Event <strong>of</strong> Suspension<br />
The Contractor shall be entitled to payment <strong>of</strong> the value (as at the date <strong>of</strong><br />
suspension) <strong>of</strong> Plant and/or Materials which have not been delivered to Site, if:<br />
(a)<br />
(b)<br />
the work on Plant or delivery <strong>of</strong> Plant and/or Materials has been suspended<br />
for more than 28 consecutive days; and<br />
the Contractor has paid for and properly stored the Plant and/or Materials and<br />
marked the Plant and/or Materials as the Employer's property in accordance<br />
with the Employer's Representative's instructions.<br />
8.11 Prolonged Suspension<br />
Prolonged Suspension<br />
If a suspension under Sub-Clause 8.8 [Suspension <strong>of</strong> Work] has continued for more<br />
than 180 consecutive days, the Contractor may request the Employer's<br />
Representative's permission to proceed with the Works. If the Employer's<br />
Representative does not give permission within 28 days after being requested to do<br />
so, the Contractor may, by giving notice to the Employer's Representative, treat the<br />
suspension as an omission under Clause 13 [Variations and Adjustments] <strong>of</strong> the<br />
affected part <strong>of</strong> the Works. If the suspension affects the whole <strong>of</strong> the Works, the<br />
Contractor may give notice <strong>of</strong> termination under Sub-Clause 16.2 [Termination by<br />
Contractor].<br />
8.12 Resumption <strong>of</strong> Work<br />
Resumption <strong>of</strong> Work<br />
After a permission or instruction to proceed with the Works is given by the Employer's<br />
Representative, the Contractor and the Employer's Representative shall jointly<br />
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examine the Works and the Plant and Materials affected by the suspension. The<br />
Contractor shall make good any deterioration or defect in or loss <strong>of</strong> the Works or<br />
Plant or Materials, which has occurred during the suspension. If the cause <strong>of</strong> the<br />
suspension is attributable to or the responsibility <strong>of</strong> the Contractor, the Contractor<br />
shall bear the cost <strong>of</strong> making good.<br />
9. TESTS ON COMPLETION<br />
9.1 Contractor's Obligations<br />
Contractor's Obligations<br />
(a)<br />
The Contractor shall carry out the Tests on Completion in accordance with<br />
this Clause 9, Sub-Clause 7.4 [Testing] and Sub-Clause 7.5 [Rejection], the<br />
Specification, the quality control system under Sub-Clause 4.9 [Quality<br />
Control] and the approved Testing Plan (if any).<br />
(b) The Contractor shall give the Employer's Representative not less than 21<br />
days written notice <strong>of</strong> the date after which the Contractor will be ready to<br />
carry out each <strong>of</strong> the Tests on Completion. Unless otherwise agreed, Tests<br />
on Completion shall be carried out within 14 days after this date, on such day<br />
or days as the Employer's Representative shall instruct.<br />
(c)<br />
(d)<br />
Unless otherwise stated in the Contract, the Tests on Completion shall be<br />
carried out in accordance with the Specification and the approved Testing<br />
Plan.<br />
As soon as the Works, or a Section, have passed each <strong>of</strong> the Tests on<br />
Completion in accordance with the Specification, the Contractor shall submit<br />
a certified report <strong>of</strong> the results <strong>of</strong> these tests to the Employer's<br />
Representative.<br />
9.2 Delayed Tests<br />
Delayed Tests<br />
(a)<br />
(b)<br />
If the Tests on Completion are unduly delayed by the Contractor, the<br />
Employer's Representative may by notice require the Contractor to carry out<br />
the Tests on Completion within 21 days after receiving the notice. The<br />
Contractor shall carry out the Tests on Completion on such day or days within<br />
that period as the Contractor may fix and <strong>of</strong> which it shall give notice to the<br />
Employer's Representative.<br />
If the Contractor fails to carry out the Tests on Completion within this period<br />
<strong>of</strong> 21 days, the Employer's Personnel may proceed with the Tests on<br />
Completion at the risk and cost <strong>of</strong> the Contractor. The Tests on Completion<br />
shall then be deemed to have been carried out in the presence <strong>of</strong> the<br />
Contractor and the results <strong>of</strong> the Tests on Completion shall be accepted as<br />
accurate.<br />
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9.3 Retesting<br />
Retesting<br />
If the Works, or a Section, fail to pass the Tests on Completion, Sub-Clause 7.5<br />
[Rejection] shall apply, and the Employer's Representative or the Contractor may<br />
require the failed Tests on Completion, and Tests on Completion on any related<br />
work, to be repeated under the same terms and conditions.<br />
9.4 Failure to Pass Tests on Completion<br />
Failure to Pass Tests on Completion<br />
(a)<br />
If the Works, or a Section, fail to pass the Tests on Completion repeated<br />
under Sub-Clause 9.3 [Retesting], the Employer's Representative may, in its<br />
sole and absolute discretion:<br />
(i) order further repetition <strong>of</strong> Tests on Completion under Sub-Clause 9.3<br />
[Retesting];<br />
(ii)<br />
(iii)<br />
if the failure deprives the Employer <strong>of</strong> substantially the whole benefit<br />
<strong>of</strong> the Works or Section, reject the Works or Section (as the case may<br />
be), in which event the Employer shall have the same remedies as<br />
are provided in Sub-Clause 11.4(b) [Failure to Remedy Defects]; or<br />
issue a Taking Over Certificate, if the Employer so requests.<br />
(b)<br />
(c)<br />
In the event <strong>of</strong> the application <strong>of</strong> Sub-Clause 9.4(a)(iii), the Contractor shall<br />
proceed in accordance with all <strong>of</strong> its other obligations under the Contract, and<br />
the Contract Price shall be reduced by such amount as shall be appropriate<br />
to cover the reduced value to the Employer as a result <strong>of</strong> this failure.<br />
Unless the relevant reduction for this failure is stated (or its method <strong>of</strong><br />
calculation is defined) in the Contract, the Employer may require the<br />
reduction to be:<br />
(i)<br />
(ii)<br />
agreed by both Parties (in full satisfaction <strong>of</strong> this failure only) and paid<br />
before this Taking Over Certificate is issued; or<br />
determined and paid under Sub-Clause 3.5 [Determinations].<br />
10. EMPLOYER'S TAKING OVER<br />
10.1 Taking Over <strong>of</strong> the Works and Sections<br />
Taking Over <strong>of</strong> the Works and Sections<br />
(a)<br />
Except as stated in Sub-Clause 9.4 [Failure to Pass Tests on Completion],<br />
the Works shall be Taken Over by the Employer when:<br />
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(i)<br />
(ii)<br />
the Works have been completed in accordance with the Contract,<br />
including the matters described in Sub-Clause 8.2 [Time for<br />
Completion]; and<br />
a Taking Over Certificate for the Works or Section has been issued in<br />
accordance with this Sub-Clause 10.1.<br />
(b)<br />
(c)<br />
The Contractor may apply by notice to the Employer's Representative for a<br />
Taking Over Certificate not earlier than 14 days before the Works will, in the<br />
Contractor's opinion, be complete and ready to be Taken Over. If the Works<br />
are divided into Sections, the Contractor may similarly apply for a Taking<br />
Over Certificate for each Section.<br />
The Employer's Representative shall, within 28 days after receiving the<br />
Contractor's application:<br />
(i)<br />
(ii)<br />
issue the Taking Over Certificate to the Contractor, stating the date on<br />
which the Works or Section were completed and Taken Over in<br />
accordance with the Contract, except for any minor omissions,<br />
outstanding work and defects which the Employer's Representative, in<br />
its sole and absolute discretion, is satisfied, will not substantially affect<br />
the use <strong>of</strong> the Works or Section for their intended purpose (either until<br />
or whilst this work is completed and these defects are remedied)<br />
(such outstanding works and defects constituting the "Punch List");<br />
or<br />
reject the application, giving reasons and specifying the work required<br />
to be done by the Contractor to enable the Taking Over Certificate to<br />
be issued. The Contractor shall then complete this work before<br />
issuing a further notice under Sub-Clause 10.1(b).<br />
(d)<br />
The Parties acknowledge and agree that the Works, or any Section or part <strong>of</strong><br />
the Works, will not be complete and the Employer is not bound to take<br />
delivery and responsibility for the care and custody <strong>of</strong> the Works, unless the<br />
Employer has issued a Taking Over Certificate to the Contractor in<br />
accordance with this Clause 10.<br />
10.2 Taking Over <strong>of</strong> Parts <strong>of</strong> the Works<br />
Taking Over <strong>of</strong> Parts <strong>of</strong> the Works<br />
(a)<br />
(b)<br />
The Employer's Representative may, at the absolute discretion <strong>of</strong> the<br />
Employer, issue a Taking Over Certificate for any part <strong>of</strong> the Permanent<br />
Works, including a Section.<br />
The Employer shall not use any part <strong>of</strong> the Works (other than as a temporary<br />
measure or which is either specified in the Contract or agreed by both Parties<br />
in writing) unless and until the Employer's Representative has issued a<br />
Taking Over Certificate for this part. If the Employer does use any part <strong>of</strong> the<br />
Works (other than as a temporary measure which is either specified in the<br />
Contract or agreed by both Parties in writing or for reasons attributable to the<br />
acts, omissions, breaches or defaults <strong>of</strong> the Contractor or the Contractor's<br />
Personnel) before the Taking Over Certificate is issued:<br />
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(i)<br />
(ii)<br />
(iii)<br />
the part which is used shall be deemed to have been Taken Over as<br />
from the date on which it is used;<br />
the Contractor shall cease to be liable for the care <strong>of</strong> such part as<br />
from this date, when responsibility shall pass to the Employer; and<br />
if requested by the Contractor, the Employer's Representative shall<br />
issue a Taking Over Certificate for this part.<br />
(c)<br />
(d)<br />
(e)<br />
For the avoidance <strong>of</strong> doubt, the Parties agree that use <strong>of</strong> any part <strong>of</strong> the Site<br />
by the Employer as a temporary measure or for reasons attributable to the<br />
acts, omissions, breaches or defaults <strong>of</strong> the Contractor or the Contractor's<br />
Personnel or which is either specified in the Contract or agreed by both<br />
Parties in writing, will not be deemed to have been Taken Over by the<br />
Employer. In such cases, the Contractor shall continue to be responsible for<br />
the care <strong>of</strong> such parts <strong>of</strong> the Works until a Taking Over Certificate is issued to<br />
the Contractor in accordance with this Clause 10.<br />
After the Employer's Representative has issued a Taking Over Certificate for<br />
a part <strong>of</strong> the Works, the Contractor shall be given the earliest opportunity to<br />
take such steps as may be necessary to carry out any outstanding Tests on<br />
Completion. The Contractor shall carry out these Tests on Completion as<br />
soon as practicable before the expiry date <strong>of</strong> the relevant Defects Notification<br />
Period.<br />
If the Contractor incurs Costs as a result <strong>of</strong> the Employer having Taken Over<br />
and/or having used a part <strong>of</strong> the Works, other than as a temporary measure<br />
or for reasons attributable to the acts or omissions <strong>of</strong> the Contractor or which<br />
is either specified in the Contract or agreed by both Parties in writing, the<br />
Contractor shall:<br />
(i)<br />
(ii)<br />
give a Claim Notice to the Employer's Representative; and<br />
be entitled subject to Sub-Clause 20.1 [Contractor's Claims] to<br />
payment <strong>of</strong> any such Costs, which shall be added to the Contract<br />
Price as a Variation.<br />
(f)<br />
(g)<br />
(h)<br />
After receiving the Claim Notice under Sub-Clause 10.2(e), the Employer's<br />
Representative shall proceed in accordance with Sub-Clause 20.1<br />
[Contractor's Claims] and Sub-Clause 3.5 [Determinations] to agree or<br />
determine these Costs.<br />
Where, for reasons attributable to the acts or omissions <strong>of</strong> the Contractor, the<br />
Employer in its absolute discretion elects to issue a Taking Over Certificate or<br />
otherwise uses a part <strong>of</strong> the Works in accordance with this Sub-Clause 10.2,<br />
the Contractor shall not be entitled to any extension <strong>of</strong> time or any increase to<br />
the Contract Price.<br />
If a Taking Over Certificate has been issued for a part <strong>of</strong> the Works (other<br />
than a Section), the Delay Damages thereafter for completion <strong>of</strong> the<br />
remainder <strong>of</strong> the whole <strong>of</strong> the Works shall be reduced. Similarly, the Delay<br />
Damages for the remainder <strong>of</strong> the Section (if any) in which this part is<br />
included shall also be reduced. For any period <strong>of</strong> delay after the date stated<br />
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in this Taking Over Certificate, the proportional reduction in these Delay<br />
Damages shall be calculated as the proportion which the value <strong>of</strong> the part so<br />
certified bears to the value <strong>of</strong> the Works or Section (as the case may be) as a<br />
whole. The Employer's Representative shall proceed in accordance with<br />
Sub-Clause 3.5 [Determinations] to agree or determine these proportions.<br />
The provisions <strong>of</strong> this Sub-Clause 10.2(h) shall only apply to the daily rate <strong>of</strong><br />
Delay Damages under Sub-Clause 8.7 [Delay Damages], and shall not affect<br />
the maximum amount <strong>of</strong> these Delay Damages.<br />
(i)<br />
Notwithstanding any other provision <strong>of</strong> the Contract:<br />
(i)<br />
(ii)<br />
where, for reasons attributable to the acts or omissions <strong>of</strong> the<br />
Contractor, the Employer in its absolute discretion elects to issue a<br />
Taking Over Certificate or otherwise uses any part <strong>of</strong> the Site or the<br />
Works, prior to the Time for Completion in accordance with this Sub-<br />
Clause 10.2, the provisions <strong>of</strong> Sub-Clause 10.2(h) shall not apply and<br />
the daily rate <strong>of</strong> Delay Damages due and payable by the Contractor<br />
under Sub-Clause 8.7 [Delay Damages] shall not be reduced; and<br />
if a Taking Over Certificate is issued for part <strong>of</strong> the Works under this<br />
Sub-Clause 10.2 after the Time for Completion has passed, Sub-<br />
Clause 10.2(h) shall not apply and the Delay Damages due and<br />
payable by the Contractor under Sub-Clause 8.7 [Delay Damages]<br />
will not be reduced and will continue to apply in full and until the whole<br />
<strong>of</strong> the Works or Section is Taken Over in accordance with the<br />
Contract.<br />
10.3 Interference with Tests on Completion<br />
Interference with Tests on Completion<br />
(a)<br />
If the Contractor suffers delay and/or incurs Costs as a result <strong>of</strong> a delay in<br />
carrying out the Tests on Completion for which the Employer is responsible,<br />
the Contractor shall give a Claim Notice to the Employer's Representative<br />
and shall be entitled subject to Sub-Clause 20.1 [Contractor's Claims] to:<br />
(i)<br />
(ii)<br />
an extension <strong>of</strong> time for any such delay, if completion is or will be<br />
delayed, under Sub-Clause 8.4 [Extension <strong>of</strong> Time for Completion];<br />
and<br />
payment <strong>of</strong> any such Costs, which shall be added to the Contract<br />
Price as a Variation.<br />
(b)<br />
After receiving the Claim Notice under Sub-Clause 10.3(a), the Employer's<br />
Representative shall proceed in accordance with Sub-Clause 3.5<br />
[Determinations] to agree or determine the matters described under Sub-<br />
Clause 10.3(a).<br />
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10.4 Surfaces Requiring Reinstatement<br />
Surfaces Requiring Reinstatement<br />
Except as otherwise stated in a Taking Over Certificate, a certificate for a Section or<br />
part <strong>of</strong> the Works shall not be deemed to certify completion <strong>of</strong> any ground or other<br />
surfaces requiring reinstatement.<br />
11. DEFECTS LIABILITY<br />
11.1 Completion <strong>of</strong> Outstanding Work and Remedying Defects<br />
Completion <strong>of</strong> Outstanding Work and Remedying Defects<br />
(a)<br />
In order for the Works and Contractor's <strong>Document</strong>s, and each Section, to be<br />
in the condition required by the Contract (fair wear and tear excepted) by the<br />
expiry date <strong>of</strong> the relevant Defects Notification Period or as soon as<br />
practicable thereafter, the Contractor shall:<br />
(i)<br />
(ii)<br />
complete any work set out in the Punch List and any other work which<br />
is outstanding on the date stated in a Taking Over Certificate, within<br />
such reasonable time as is instructed by the Employer's<br />
Representative; and<br />
execute all work required to remedy defects or damage, as may be<br />
notified by (or on behalf <strong>of</strong>) the Employer on or before the expiry date<br />
<strong>of</strong> the Defects Notification Period for the Works or Section (as the<br />
case may be).<br />
(b)<br />
If a defect appears or damage occurs, the Contractor shall be notified<br />
accordingly, by (or on behalf <strong>of</strong>) the Employer.<br />
11.2 Cost <strong>of</strong> Remedying Defects<br />
Cost <strong>of</strong> Remedying Defects<br />
All work referred to in Sub-Clause 11.1(a)(ii) shall be executed at the risk and cost <strong>of</strong><br />
the Contractor, if and to the extent that the work is attributable to:<br />
(a)<br />
(b)<br />
(c)<br />
(d)<br />
the design <strong>of</strong> the Works, other than a part <strong>of</strong> the design for which the<br />
Employer is responsible;<br />
the Works, Plant, Materials or workmanship not being in accordance with the<br />
Contract;<br />
improper operation or maintenance which was attributable to matters for<br />
which the Contractor is responsible; or<br />
failure by the Contractor to comply with any other obligation under the<br />
Contract.<br />
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11.3 Extension <strong>of</strong> Defects Notification Period<br />
Extension <strong>of</strong> Defects Notification Period<br />
(a)<br />
(b)<br />
The Defects Notification Period for the Works or a Section shall be extended<br />
if and to the extent that the Works, Section or a major item <strong>of</strong> Plant (as the<br />
case may be) cannot be used for the purposes for which they are intended by<br />
reason <strong>of</strong> a defect or damage or failure by the Contractor to comply with any<br />
other obligation <strong>of</strong> the Contract and such extension shall be equal to the<br />
period for which the Works cannot be so used for the purpose intended or, if<br />
instructed in writing by the Employer’s Representative, the Defects<br />
Notification Period shall recommence (and restart from the beginning) from<br />
the date <strong>of</strong> the repair, replacement or making good <strong>of</strong> such defect or damage,<br />
but only in respect <strong>of</strong> that part <strong>of</strong> the Works repaired, replaced or made good.<br />
If delivery and/or erection <strong>of</strong> Plant and/or Materials was suspended under<br />
Sub-Clause 8.8 [Suspension <strong>of</strong> Work] or Clause 16 [Suspension and<br />
Termination by Contractor], the Contractor's obligations under this Clause 11<br />
shall not apply to any defects or damage occurring more than two years after<br />
the Defects Notification Period for the Plant and/or Materials would otherwise<br />
have expired.<br />
11.4 Failure to Remedy Defects<br />
Failure to Remedy Defects<br />
(a)<br />
(b)<br />
If the Contractor fails to remedy any defect or damage within a reasonable<br />
time, a date may be fixed by (or on behalf <strong>of</strong>) the Employer, on or by which<br />
the defect or damage is to be remedied. The Contractor shall be given<br />
reasonable notice <strong>of</strong> this date.<br />
If the Contractor fails to remedy the defect or damage by this notified date<br />
and this remedial work was to be executed at the cost <strong>of</strong> the Contractor under<br />
Sub-Clause 11.2 [Cost <strong>of</strong> Remedying Defects], the Employer may (at its sole<br />
and absolute discretion):<br />
(i)<br />
(ii)<br />
(iii)<br />
carry out the work itself or by others, in a reasonable manner and at<br />
the Contractor's cost and risk, and the Contractor shall pay to the<br />
Employer the Costs incurred by the Employer in remedying the defect<br />
or damage;<br />
require the Employer's Representative to agree or determine a<br />
reasonable reduction in the Contract Price in accordance with Sub-<br />
Clause 3.5 [Determinations]; or<br />
if the defect or damage deprives the Employer <strong>of</strong> substantially the<br />
whole benefit <strong>of</strong> the Works or any major part <strong>of</strong> the Works, terminate<br />
the Contract as a whole, or in respect <strong>of</strong> such major part which cannot<br />
be put to the intended use. Without prejudice to any other rights,<br />
under the Contract or otherwise, the Employer shall then be entitled to<br />
recover all sums paid for the Works or for such part (as the case may<br />
be), plus Costs, including the cost <strong>of</strong> dismantling the same, clearing<br />
the Site and returning Plant and Materials to the Contractor.<br />
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11.5 Removal <strong>of</strong> Defective Work<br />
Removal <strong>of</strong> Defective Work<br />
If the defect or damage cannot be remedied expeditiously on the Site and the<br />
Employer gives consent, the Contractor may remove from the Site for the purposes<br />
<strong>of</strong> repair such items <strong>of</strong> Plant and/or Works as are defective or damaged. This<br />
consent may, at the Employer's absolute discretion, require the Contractor to<br />
increase the amount <strong>of</strong> the Bank Guarantee for performance by the full replacement<br />
cost <strong>of</strong> these items, or to provide other appropriate security approved by the<br />
Employer.<br />
11.6 Further Tests<br />
Further Tests<br />
(a)<br />
(b)<br />
If the work <strong>of</strong> remedying any defect or damage may affect the performance <strong>of</strong><br />
the Works, the Employer's Representative may require the repetition <strong>of</strong> any <strong>of</strong><br />
the tests described in the Contract, including Tests on Completion. The<br />
requirement shall be made by notice within 28 days after the defect or<br />
damage is remedied.<br />
These tests shall be carried out in accordance with the terms applicable to<br />
the previous tests, except that they shall be carried out at the risk and cost <strong>of</strong><br />
the Party liable, under Sub-Clause 11.2 [Cost <strong>of</strong> Remedying Defects], for the<br />
cost <strong>of</strong> the remedial work.<br />
11.7 Right <strong>of</strong> Access<br />
Right <strong>of</strong> Access<br />
Until the Final Completion Certificate has been issued, the Contractor shall, with the<br />
Employer's prior written approval, have limited right <strong>of</strong> access to the Works and to<br />
records <strong>of</strong> the operation and performance <strong>of</strong> the Works, as is reasonably required in<br />
order for the Contractor to comply with this Clause 11, except as may be inconsistent<br />
with the Employer's reasonable security restrictions, or agreements with third parties<br />
such as purchasers and other contractors.<br />
11.8 Contractor to Search<br />
Contractor to Search<br />
The Contractor shall, if required by the Employer's Representative, search for the<br />
cause <strong>of</strong> any defect, under the direction <strong>of</strong> the Employer's Representative. Unless<br />
the defect is to be remedied at the cost <strong>of</strong> the Contractor under Sub-Clause 11.2<br />
[Cost <strong>of</strong> Remedying Defects], the Costs for the search shall be agreed or determined<br />
by the Employer's Representative in accordance with Sub-Clause 3.5<br />
[Determinations] and shall be included in the Contract Price.<br />
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11.9 Final Completion Certificate<br />
Final Completion Certificate<br />
(a)<br />
(b)<br />
(c)<br />
(d)<br />
Performance <strong>of</strong> the Contractor's obligations shall not be considered to have<br />
been completed until the Employer's Representative has issued the Final<br />
Completion Certificate to the Contractor, stating the date on which the<br />
Contractor completed its obligations under the Contract.<br />
The Employer's Representative shall issue the Final Completion Certificate<br />
within 28 days after the latest <strong>of</strong> the expiry dates <strong>of</strong> the Defects Notification<br />
Periods or as soon thereafter as the Contractor has supplied all the<br />
Contractor's <strong>Document</strong>s and completed and tested all <strong>of</strong> the Works, including<br />
remedying defects notified under Sub-Clause 11.1 before the last Defects<br />
Notification Period expired. A copy <strong>of</strong> the Final Completion Certificate shall<br />
be issued to the Employer.<br />
Notwithstanding the issue <strong>of</strong> a Final Completion Certificate, the Contractor<br />
shall be responsible for remedying at its cost and expense any Latent Defect,<br />
as well as any damage to the Works caused by such Latent Defect, which<br />
appears or occurs at any time during the Latent Defect Period. The<br />
Employer's Representative shall give the Contractor written notice <strong>of</strong> any<br />
such Latent Defect or damage. The Employer shall afford the Contractor<br />
such access to the Permanent Works as may be reasonable in all the<br />
circumstances for such purposes. The Contractor shall remedy such Latent<br />
Defect or damage as soon as reasonably practicable.<br />
If the Contractor fails to remedy any Latent Defect or damage within a<br />
reasonable time, a reasonable date may be fixed by (or on behalf <strong>of</strong>) the<br />
Employer, on or by which the Latent Defect or damage is to be remedied.<br />
The Contractor shall be given reasonable notice <strong>of</strong> this date. If the Contractor<br />
fails to remedy the Latent Defect or damage by this notified date the<br />
Employer may carry out the work himself or by others, in a reasonable<br />
manner and at the Contractor's cost (but the Contractor shall have no<br />
responsibility for this work) and the Contractor shall pay to the Employer the<br />
costs reasonably incurred by the Employer in remedying the Latent Defect or<br />
damage. This Sub-Clause shall not relieve the Contractor from any <strong>of</strong> its<br />
warranties, obligations or liabilities under or in connection with the Contract or<br />
otherwise at Law.<br />
11.10 Unfulfilled Obligations<br />
Unfulfilled Obligations<br />
After the Final Completion Certificate has been issued, each Party shall remain liable<br />
for the fulfilment <strong>of</strong> any obligation which remains unperformed at that time. For the<br />
purposes <strong>of</strong> determining the nature and extent <strong>of</strong> unperformed obligations, the<br />
Contract shall be deemed to remain in force.<br />
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11.11 Clearance <strong>of</strong> Site<br />
Clearance <strong>of</strong> Site<br />
(a)<br />
(b)<br />
(c)<br />
Upon receiving the Final Completion Certificate, the Contractor shall at its<br />
cost remove any remaining Contractor's Equipment, surplus material,<br />
wreckage, rubbish and Temporary Works from the Site.<br />
If all the items referred to in Sub-Clause 11.11(a) have not been removed<br />
within 28 days after the Employer receives a copy <strong>of</strong> the Final Completion<br />
Certificate, the Employer may sell or otherwise dispose <strong>of</strong> any remaining<br />
items. The Employer shall be entitled to be paid the costs incurred in<br />
connection with, or attributable to, such sale or disposal and restoring the<br />
Site.<br />
Subject to Sub-Clauses 14.7 [Payment] and 14.16 [Set Off], any balance <strong>of</strong><br />
the monies from the sale <strong>of</strong> the items referred to in Sub-Clause 11.11(b) shall<br />
be paid to the Contractor. If these monies are less than the Employer's costs,<br />
the Contractor shall pay the outstanding balance to the Employer.<br />
12. MEASUREMENT AND EVALUATION<br />
12.1 Works to be Measured<br />
Works to be Measured<br />
(a)<br />
(b)<br />
The Works shall be measured, and valued for payment, in accordance with<br />
this Clause 12.<br />
Whenever the Employer’s Representative requires any part <strong>of</strong> the Works to<br />
be measured, reasonable notice shall be given to the Contractor’s<br />
Representative, who shall:<br />
(i)<br />
(ii)<br />
promptly either attend or send another qualified representative to<br />
assist the Employer’s Representative in making the measurement;<br />
and<br />
supply any particulars requested by the Employer’s Representative.<br />
(c)<br />
(d)<br />
(e)<br />
If the Contractor fails to attend or send a representative, the measurement<br />
made by (or on behalf <strong>of</strong>) the Employer’s Representative shall be accepted<br />
and deemed as accurate.<br />
Except as otherwise stated in the Contract, wherever any Permanent Works<br />
are to be measured from records, these shall be prepared by the Employer’s<br />
Representative. The Contractor shall, as and when requested, attend to<br />
examine and agree the records with the Employer’s Representative and shall<br />
sign the same when agreed. If the Contractor does not attend, the records<br />
shall be accepted and deemed as accurate.<br />
If the Contractor examines and disagrees with the records, and/or does not<br />
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sign them as agreed, then the Contractor shall give notice to the Employer’s<br />
Representative <strong>of</strong> the respects in which the records are asserted to be<br />
inaccurate. After receiving this notice, the Employer's Representative shall<br />
review the records and either confirm or vary them. If the Contractor does not<br />
give such notice to the Employer's Representative within 14 days after being<br />
requested to examine the records, they shall be accepted and deemed as<br />
accurate.<br />
12.2 Method <strong>of</strong> Measurement<br />
Method <strong>of</strong> Measurement<br />
Except as otherwise stated in the Contract and notwithstanding local practice:<br />
(a)<br />
(b)<br />
measurement shall be made <strong>of</strong> the net actual quantity <strong>of</strong> each item <strong>of</strong> the<br />
Permanent Works; and<br />
the method <strong>of</strong> measurement shall be in accordance with the method specified<br />
in the Schedule <strong>of</strong> Contract Price.<br />
12.3 Evaluation<br />
Evaluation<br />
(a)<br />
(b)<br />
Except as otherwise stated in the Contract, the Employer’s Representative<br />
shall proceed in accordance with Sub-Clause 3.5 [Determinations] to agree or<br />
determine the Contract Price by evaluating each item <strong>of</strong> work, applying the<br />
measurement agreed or determined in accordance with Sub-Clauses 12.1<br />
[Works to be Measured] and 12.2 [Method <strong>of</strong> Measurement] and the<br />
appropriate rate or price for the item.<br />
For each item <strong>of</strong> work, the appropriate rate or price for the item shall be the<br />
rate or price specified for such item in the Bill <strong>of</strong> Quantities or, if there is no<br />
such item, specified for similar work. However, a new rate or price shall be<br />
appropriate for an item <strong>of</strong> work if:<br />
(i)<br />
the measured quantity <strong>of</strong> the item is changed by more than 25% from<br />
the quantity <strong>of</strong> this item in the Bill <strong>of</strong> Quantities and this change in<br />
quantity:<br />
(A) multiplied by such specified rate for this item exceeds 0.01%<br />
<strong>of</strong> the Accepted Contract Amount; or<br />
(B)<br />
directly changes the cost per unit quantity <strong>of</strong> this item by more<br />
than 1%; or<br />
(ii)<br />
(iii)<br />
(iv)<br />
the item is not specified in the Contract as a “fixed rate item”; or<br />
the work is instructed under Clause 13 [Variations and Adjustments];<br />
or<br />
no rate or price is specified in the Contract for the item; or<br />
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(v)<br />
no specified rate or price is appropriate because the item <strong>of</strong> work is<br />
not <strong>of</strong> similar character, or is not executed under similar conditions, as<br />
any item in the Contract.<br />
(c)<br />
(d)<br />
Each new rate or price shall be derived from any relevant rates or prices in<br />
the Contract, with reasonable adjustments to take account <strong>of</strong> the matters<br />
described in Sub-Clause 12.3(b). If no rates or prices are relevant for the<br />
derivation <strong>of</strong> a new rate or price, it shall be derived from the reasonable cost<br />
<strong>of</strong> executing the work, together with reasonable pr<strong>of</strong>it, taking account <strong>of</strong> any<br />
other relevant matters.<br />
Until such time as an appropriate rate or price is agreed or determined, the<br />
Employer's Representative shall determine a provisional rate or price for the<br />
purposes <strong>of</strong> Interim Payment Certificates.<br />
12.4 Omissions<br />
Omissions<br />
(a)<br />
If the omission <strong>of</strong> work forms part (or all) <strong>of</strong> a Variation, the value <strong>of</strong> which<br />
has not been agreed, and:<br />
(i)<br />
(ii)<br />
(iii)<br />
the Contractor will incur (or has incurred) cost which, if the work had<br />
not been omitted, would have been deemed to be covered by a sum<br />
forming part <strong>of</strong> the Accepted Contract Amount; or<br />
the omission <strong>of</strong> the work will result (or has resulted) in this sum not<br />
forming part <strong>of</strong> the Contract Price; or<br />
this cost is not deemed to be included in the evaluation <strong>of</strong> any<br />
substituted work,<br />
then the Contractor shall give notice to the Employer’s Representative<br />
accordingly, with supporting particulars.<br />
(b)<br />
Upon receiving the notice under Sub-Clause 12.4(a), the Employer’s<br />
Representative shall proceed in accordance with Sub-Clause 3.5<br />
[Determinations] to agree or determine this cost, which shall be included in<br />
the Contract Price. For the avoidance <strong>of</strong> doubt the Contractor is not entitled to<br />
loss <strong>of</strong> pr<strong>of</strong>it.<br />
13. VARIATIONS AND ADJUSTMENTS<br />
13.1 Right to Vary<br />
Right to Vary<br />
(a)<br />
Subject to the provisions <strong>of</strong> Clause 3 [The Employer's Administration],<br />
Variations may be initiated by the Employer in its absolute discretion at any<br />
time prior to issuing the Taking Over Certificate for the whole <strong>of</strong> the Works,<br />
either by an instruction or by a request for the Contractor to submit a<br />
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proposal.<br />
(b)<br />
(c)<br />
The Contractor shall execute and be bound by each Variation.<br />
Each Variation may include:<br />
(i)<br />
(ii)<br />
(iii)<br />
(iv)<br />
(v)<br />
(vi)<br />
changes to the quantities <strong>of</strong> any item <strong>of</strong> work included in the Contract<br />
(however, such changes do not necessarily constitute a Variation);<br />
changes to the quality and other characteristics <strong>of</strong> any item <strong>of</strong> work;<br />
changes to the levels, positions and/or dimensions <strong>of</strong> any part <strong>of</strong> the<br />
Works;<br />
omission <strong>of</strong> any part <strong>of</strong> the Works;<br />
any additional work, Plant, Materials or services necessary for the<br />
Permanent Works, including any associated Tests on Completion,<br />
boreholes and other testing and exploratory work; or<br />
changes to the sequence or timing <strong>of</strong> the execution <strong>of</strong> the Works<br />
(including advancing or postponing the Time for Completion).<br />
(d)<br />
(e)<br />
The Contractor shall not make any alteration and/or modification <strong>of</strong> the<br />
Permanent Works, unless and until the Employer instructs a Variation in<br />
writing.<br />
The Contractor may, at its cost, submit to the Employer's Representative a<br />
written request for a Variation which (in the Contractor's reasonable opinion)<br />
is necessary for the proper performance <strong>of</strong> the Works which will, if adopted:<br />
(i)<br />
(ii)<br />
(iii)<br />
(iv)<br />
accelerate completion <strong>of</strong> the Works and/or the Project;<br />
reduce the cost to the Employer <strong>of</strong> the Works and/or the Project;<br />
improve the efficiency or value to the Employer <strong>of</strong> the Works and/or<br />
the Project; or<br />
otherwise be <strong>of</strong> benefit to the Employer,<br />
("Contractor Requested Variation").<br />
(f)<br />
(g)<br />
A Contractor Requested Variation issued under Sub-Clause 13.1(e) shall, at<br />
a minimum, comply with any requirements specified in the Schedule <strong>of</strong><br />
Specification.<br />
Subject to the Contractor's compliance with Sub-Clauses 13.1(e) and 13.1(f),<br />
the Employer's Representative shall review the Contractor Requested<br />
Variation issued under Sub-Clause 13.1(e), and may, in its absolute<br />
discretion, direct a Variation in accordance with this Sub-Clause 13.1 or<br />
otherwise notify the Contractor that the Employer will not proceed with the<br />
Contractor Requested Variation.<br />
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(h) Notwithstanding any other provisions <strong>of</strong> the Contract, no change,<br />
modification, addition or deletion to, in or from the Specification or the<br />
Contractor's <strong>Document</strong>s, the Works or the Contractor's conditions and<br />
methods <strong>of</strong> working, which are necessary due to any act, omission or default<br />
<strong>of</strong> the Contractor in the performance <strong>of</strong> its obligations under the Contract,<br />
shall be deemed to be a Variation and any such matter shall not result in any<br />
adjustment <strong>of</strong> the Contract Price, extension <strong>of</strong> time or other relief. Any<br />
additional Costs to the Employer caused by such change, modification,<br />
addition or deletion which are attributable to such default or breach shall be<br />
borne by the Contractor and may be recovered by the Employer in<br />
accordance with Sub-Clauses 14.7 [Payment] and 14.16 [Set Off].<br />
(i)<br />
(j)<br />
For the avoidance <strong>of</strong> doubt, the Employer and the Employer's Representative<br />
shall have the right to instruct a Variation and the Contractor shall be obliged<br />
to execute such Variation notwithstanding any failure <strong>of</strong> the Parties to agree<br />
on the changes (if any) to the Contract Price, Contract Programme and/or the<br />
Works required as a result <strong>of</strong> such Variation.<br />
No Variation invalidates the Contract. The Contractor agrees that a Variation<br />
may involve the omission <strong>of</strong> any part or parts <strong>of</strong> the Works and the Contractor<br />
agrees that the Employer may engage others to perform that part or parts <strong>of</strong><br />
the Works which have been omitted. The Contractor further acknowledges<br />
that any omission or omissions will not constitute a basis to allege that the<br />
Employer has repudiated the Contract no matter the extent or timing <strong>of</strong> the<br />
omission or omissions.<br />
13.2 Value Engineering<br />
Value Engineering<br />
(a)<br />
The Contractor may, at any time submit to the Employer's Representative a<br />
written proposal which (in the Contractor's opinion) will, if adopted:<br />
(i)<br />
(ii)<br />
(iii)<br />
(iv)<br />
accelerate completion <strong>of</strong> the Works and/or the Project;<br />
reduce the cost to the Employer <strong>of</strong> executing, maintaining or<br />
operating the Works and/or the Project;<br />
improve the efficiency or value to the Employer <strong>of</strong> the completed<br />
Works and/or the Project; or<br />
otherwise be <strong>of</strong> benefit to the Employer.<br />
(b)<br />
(c)<br />
The proposal shall be prepared at the cost <strong>of</strong> the Contractor and shall include<br />
the items listed in Sub-Clause 13.3 [Variation Procedure].<br />
If a proposal, which is approved by the Employer, includes a change in the<br />
design <strong>of</strong> part <strong>of</strong> the Permanent Works, then unless otherwise agreed by both<br />
Parties:<br />
(i)<br />
(ii)<br />
the Contractor shall design this part;<br />
Sub-Clause 4.1(g) [Contractor’s General Obligations] shall apply; and<br />
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(iii)<br />
if the Employer's Representative determines that this change results<br />
in a reduction in the Contract Price, the Employer's Representative<br />
shall proceed in accordance with Sub-Clause 3.5 [Determinations] to<br />
agree or determine a fee (if any), which shall be added to the Contract<br />
Price. This fee shall be 30% <strong>of</strong> the difference between the following<br />
amounts:<br />
(A)<br />
(B)<br />
such reduction in the Contract Price, resulting from the<br />
change; and<br />
the reduction (if any) in the value to the Employer <strong>of</strong> the varied<br />
works, taking account <strong>of</strong> any reductions in quality, anticipated<br />
life or operational efficiencies.<br />
(d)<br />
If the amount in Sub-Clause 13.2(c)(iii)(A) is less than the amount in Sub-<br />
Clause 13.2(c)(iii)(B) no fee shall be added to the Contract Price.<br />
13.3 Variation Procedure<br />
Variation Procedure<br />
(a)<br />
If the Employer's Representative requests a proposal under Sub-Clause<br />
13.1(a) [Right to Vary], prior to instructing a Variation, the Contractor shall<br />
respond in writing as soon as practicable and within 14 days by submitting:<br />
(i)<br />
(ii)<br />
(iii)<br />
(iv)<br />
a description <strong>of</strong> the proposed design and/or work to be performed and<br />
a works programme for its execution;<br />
the Contractor's proposal for any necessary modifications to the<br />
Contract Programme according to Sub-Clause 8.3 [Contract<br />
Programme], including Milestone Dates and the Time for Completion;<br />
the Contractor's proposal for adjustment to the Contract Price (which<br />
shall, where applicable, be in accordance with the rates set out in the<br />
Schedule <strong>of</strong> Contract Price); and<br />
any other information requested by the Employer's Representative.<br />
(b)<br />
(c)<br />
(d)<br />
The Employer's Representative shall, as soon as practicable after receiving<br />
such proposal under Sub-Clause 13.3(a) or after receiving a value<br />
engineering proposal under Sub-Clause 13.2 [Value Engineering], respond<br />
with approval, disapproval or comments.<br />
Each instruction to execute a Variation shall be issued by the Employer's<br />
Representative to the Contractor's Representative, who shall acknowledge<br />
receipt.<br />
Upon instructing or approving a Variation, the Employer's Representative<br />
shall proceed in accordance with Sub-Clause 3.5 [Determinations] to agree or<br />
determine adjustments to the Contract Price, valued using rates set out in the<br />
Schedule <strong>of</strong> Contract Price, to the extent the Employer's Representative<br />
determines that the scope <strong>of</strong> the varied work is reasonably comparable to the<br />
unit descriptions contained in the Schedule <strong>of</strong> Contract Price. To the extent<br />
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that the scope <strong>of</strong> the varied work is not reasonably comparable to such unit<br />
descriptions, the Employer's Representative shall determine a fair and<br />
reasonable valuation.<br />
13.4 Payment in Applicable Currencies<br />
Payment in Applicable Currencies<br />
If the Contract provides for payment <strong>of</strong> the Contract Price in more than one currency,<br />
then whenever an adjustment is agreed, approved or determined as stated above,<br />
the amount payable in each <strong>of</strong> the applicable currencies shall be specified. For this<br />
purpose, reference shall be made to the actual or expected currency proportions <strong>of</strong><br />
the valuation <strong>of</strong> the varied work, and to the proportions <strong>of</strong> various currencies<br />
specified for payment <strong>of</strong> the Contract Price.<br />
13.5 Provisional Sums<br />
Provisional Sums<br />
(a)<br />
Each Provisional Sum shall only be used, in whole or in part, in accordance<br />
with the Employer's Representative's instructions, and the Contract Price<br />
shall be adjusted accordingly. The total sum paid to the Contractor shall<br />
include only such actual direct, reasonable and properly incurred and<br />
substantiated amounts, for the work, supplies or services to which the<br />
Provisional Sum relates, as the Employer's Representative shall have<br />
instructed under Sub-Clause 13.5(a)(i) and/or Sub-Clause 13.5(a)(ii). For<br />
each Provisional Sum, the Employer's Representative may instruct:<br />
(i)<br />
(ii)<br />
work to be executed (including Plant, Materials or services to be<br />
supplied) by the Contractor and valued under Sub-Clause 13.3<br />
[Variation Procedure]; and/or<br />
Plant, Materials or services to be purchased by the Contractor, for<br />
which there shall be included in the Contract Price:<br />
(A)<br />
(B)<br />
the actual direct, reasonably and properly incurred and<br />
substantiated expenditure paid (or due to be paid) by the<br />
Contractor; and<br />
a sum for overhead charges and pr<strong>of</strong>it, calculated as a<br />
percentage <strong>of</strong> these actual amounts by applying the relevant<br />
percentage rate stated in the Schedule <strong>of</strong> Details.<br />
(b)<br />
The Contractor shall, when required by the Employer's Representative,<br />
produce all quotations, invoices, vouchers and accounts or receipts in<br />
substantiation <strong>of</strong> such amounts.<br />
13.6 Daywork<br />
Daywork<br />
(a)<br />
For work <strong>of</strong> a minor or incidental nature, the Employer's Representative may<br />
instruct that a Variation shall be executed on a daywork basis. The work shall<br />
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then be valued in accordance with the daywork schedule included in the<br />
Schedule <strong>of</strong> Contract Price or as otherwise agreed in writing between the<br />
Parties, and the following procedure shall apply.<br />
(b)<br />
(c)<br />
Before ordering Goods for the work, the Contractor shall submit quotations to<br />
the Employer's Representative. When applying for payment, the Contractor<br />
shall submit invoices, vouchers and accounts or receipts for any Goods.<br />
Except for any items for which the daywork schedule specifies that payment<br />
is not due, the Contractor shall deliver each day to the Employer's<br />
Representative accurate statements in duplicate which shall include the<br />
following details <strong>of</strong> the resources used in executing the previous day's work:<br />
(i)<br />
(ii)<br />
(iii)<br />
the names, occupations and time <strong>of</strong> Contractor's Personnel;<br />
the identification, type and time <strong>of</strong> Contractor's Equipment and<br />
Temporary Works; and<br />
the quantities and types <strong>of</strong> Plant and Materials used.<br />
(d)<br />
One copy <strong>of</strong> each statement will, if correct, or when agreed, be signed by the<br />
Employer's Representative and returned to the Contractor. The Contractor<br />
shall then submit priced statements <strong>of</strong> these resources to the Employer's<br />
Representative, prior to their inclusion in the next Statement under Sub-<br />
Clause 14.3 [Application for Interim Payment Certificates].<br />
13.7 Adjustments for Changes in Law<br />
Adjustments for Changes in Law<br />
The Contract Price shall not be adjusted to take account <strong>of</strong> any increase or decrease<br />
in costs resulting from changes in Laws (including the introduction <strong>of</strong> new Laws and<br />
the repeal or modification <strong>of</strong> existing Laws) or in the judicial or <strong>of</strong>ficial governmental<br />
interpretation <strong>of</strong> such Laws made after the Date <strong>of</strong> the Contract, which affect the<br />
Contractor in the performance <strong>of</strong> its obligations under the Contract.<br />
13.8 Adjustments for Changes in Cost<br />
Adjustments for Changes in Cost<br />
(a)<br />
(b)<br />
(c)<br />
Unless otherwise expressly stated in the Schedule <strong>of</strong> Contract Price, the<br />
Contract Price, and the rates and prices inserted in the Bill <strong>of</strong> Quantities, shall<br />
not be adjusted for rises or falls in the cost <strong>of</strong> labour, Goods and other inputs<br />
to the Works.<br />
Unless allowance for the rises or falls in the cost <strong>of</strong> labour, Goods and other<br />
inputs to the Works is stated in the Schedule <strong>of</strong> Contract Price, the Accepted<br />
Contract Amount and the rates and prices inserted in the Bill <strong>of</strong> Quantities,<br />
shall be deemed to include amounts to cover contingency <strong>of</strong> rises and falls in<br />
the cost <strong>of</strong> labour, Goods and other inputs to the Works.<br />
For the avoidance <strong>of</strong> doubt, if the Contractor is entitled to payment <strong>of</strong> any<br />
Costs to be included in the Contract Price under a Sub-Clause <strong>of</strong> these<br />
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General Conditions (other than in the event <strong>of</strong> any Variation or a suspension<br />
which is not attributable to or the responsibility <strong>of</strong> the Contractor) then the<br />
Employer's Representative shall determine such Costs, valued using an<br />
appropriate rate (if any) set out in the Schedule <strong>of</strong> Contract Price and such<br />
rates shall not be adjusted for any rise or fall in the cost <strong>of</strong> such labour,<br />
Goods and other inputs to the Works, unless otherwise stated in the<br />
Schedule <strong>of</strong> contract Price.<br />
14. CONTRACT PRICE AND PAYMENT<br />
14.1 The Contract Price<br />
The Contract Price<br />
Unless otherwise stated in the Contract:<br />
(a) the Contract Price shall be agreed or determined under Sub-Clause 12.3<br />
[Evaluation] and shall be subject to adjustments in accordance with the<br />
Contract;<br />
(b)<br />
(c)<br />
the Contractor shall pay all taxes, duties and fees required to be paid by it<br />
under the Contract and as required by Law, and the Contract Price shall not<br />
be adjusted for any <strong>of</strong> these costs;<br />
any quantities which may be set out in the Schedule <strong>of</strong> Contract Price<br />
(including the Bill <strong>of</strong> Quantities) are estimated quantities and are not to be<br />
taken as the actual and correct quantities;<br />
(i)<br />
(ii)<br />
<strong>of</strong> the Works which the Contractor is required to execute; or<br />
for the purposes <strong>of</strong> Clause 12 [Measurement and Evaluation]; and<br />
(d)<br />
the Contractor shall submit to the Employer’s Representative, within 28 days<br />
after the Date <strong>of</strong> the Contract, a proposed breakdown <strong>of</strong> each lump sum price<br />
in the Schedule <strong>of</strong> Contract Price (including the Bill <strong>of</strong> Quantities). The<br />
Employer’s Representative may take account <strong>of</strong> the breakdown when<br />
preparing Payment Certificates, but shall not be bound by it.<br />
14.2 Advance Payment<br />
Advance Payment<br />
(a)<br />
(b)<br />
The Employer shall make the advance payment (if any) set out in the<br />
Schedule <strong>of</strong> Payments, as a loan for mobilisation, when the Contractor<br />
submits a guarantee in accordance with this Sub-Clause 14.2. If no advance<br />
payment is set out in the Schedule <strong>of</strong> Payments, then this Sub-Clause 14.2<br />
shall not apply.<br />
The Employer shall pay the advance payment only after receiving:<br />
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(i)<br />
(ii)<br />
(iii)<br />
a Statement (under Sub-Clause 14.3 [Application for Interim Payment<br />
Certificates]);<br />
all Bank Guarantees for performance in accordance with Sub-Clause<br />
4.2 [Bank Guarantee for Performance]; and<br />
a Bank Guarantee for advance payment in accordance with Sub-<br />
Clause 14.2(c), in amounts and currencies equal to the advance<br />
payment.<br />
(c)<br />
(d)<br />
(e)<br />
(f)<br />
The Bank Guarantee for advance payment payable in accordance with Sub-<br />
Clause 14.2(b)(iii), shall be an unconditional and irrevocable on-demand bank<br />
guarantee in the form set out in the Schedule <strong>of</strong> Forms <strong>of</strong> Security from a<br />
leading and accredited bank approved by the Employer. Unless and until the<br />
Employer receives this guarantee, this Sub-Clause 14.2 shall not apply.<br />
The Contractor shall ensure that the Bank Guarantee for advance payment is<br />
valid and enforceable until the whole <strong>of</strong> the advance payment has been<br />
repaid, but its amount may be progressively reduced by the amount repaid by<br />
the Contractor in the interim payments. If the terms <strong>of</strong> the guarantee specify<br />
its expiry date, and the advance payment has not been repaid by the date 28<br />
days prior to the expiry date, the Contractor shall extend the validity <strong>of</strong> the<br />
guarantee until the advance payment has been repaid.<br />
The advance payment shall be repaid by the Contractor through percentage<br />
deductions in Payment Certificates. The Employer shall deduct a percentage<br />
<strong>of</strong> each Payment Certificate, at the rate stated in the Schedule <strong>of</strong> Payments,<br />
until such time as the advance payment has been repaid.<br />
If the advance payment has not been repaid prior to the issue <strong>of</strong> the Taking<br />
Over Certificate for the Works or prior to termination under Clause 15<br />
[Termination by Employer], Clause 16 [Suspension and Termination by<br />
Contractor] or Clause 19 [Force Majeure] (as the case may be), the whole <strong>of</strong><br />
the balance then outstanding shall immediately become due and payable by<br />
the Contractor to the Employer.<br />
14.3 Application for Interim Payment Certificates<br />
Application for Interim Payment Certificates<br />
(a)<br />
(b)<br />
The Contractor shall, in accordance with the timing specified in the Schedule<br />
<strong>of</strong> Payments, submit a Statement in four copies to the Employer's<br />
Representative, in a form approved by the Employer's Representative,<br />
showing in detail the amounts to which the Contractor considers itself to be<br />
entitled up to the end <strong>of</strong> the relevant payment period, together with supporting<br />
documents which shall include the relevant report on progress in accordance<br />
with Sub-Clause 4.21 [Progress Reports].<br />
The Statement shall include the following items, as applicable, which shall be<br />
expressed in the currency in which the Contract Price is payable, in the<br />
sequence listed:<br />
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(i)<br />
(ii)<br />
(iii)<br />
(iv)<br />
(v)<br />
(vi)<br />
(vii)<br />
the estimated contract value <strong>of</strong> the Works executed (which shall be<br />
calculated in accordance with the Schedule <strong>of</strong> Contract Price) and the<br />
Contractor's <strong>Document</strong>s produced up to the end <strong>of</strong> the relevant<br />
payment period (including Variations but excluding items described in<br />
Sub-Clauses 14.3 (b)(ii) to (vii) below);<br />
the achievement <strong>of</strong> any Milestones which entitle the Contractor to<br />
Milestone Payments (if any) set out in the Schedule <strong>of</strong> Contract Price<br />
in the amounts specified therein;<br />
any amount to be deducted for Retention Monies, calculated by<br />
applying the percentage <strong>of</strong> retention stated in the Schedule <strong>of</strong> Details<br />
to the total <strong>of</strong> the above amounts until the amount so retained by the<br />
Employer reaches the limit <strong>of</strong> Retention Money (if any) stated in the<br />
Schedule <strong>of</strong> Details;<br />
any amounts to be deducted for advance payment and repayments in<br />
accordance with Sub-Clause 14.2 [Advance Payment];<br />
any amounts to be added and deducted for Plant and Materials in<br />
accordance with Sub-Clause 14.5 [Plant and Materials intended for<br />
the Works];<br />
any other additions or deductions which may have become due under<br />
the Contract or otherwise, including those under Clause 20 [Claims,<br />
Disputes and Arbitration]; and<br />
the deduction <strong>of</strong> amounts certified in all previous Payment<br />
Certificates.<br />
14.4 Instalment Payment Estimates<br />
Instalment Payment Estimates<br />
(a)<br />
If the Schedule <strong>of</strong> Payments specifies the instalment amounts in which the<br />
Contract Price will be paid, then, unless otherwise stated in the Schedule <strong>of</strong><br />
Payments:<br />
(i)<br />
(ii)<br />
(iii)<br />
the instalment amounts quoted in the Schedule <strong>of</strong> Payments shall be<br />
estimated contract values for the purposes <strong>of</strong> Sub-Clause 14.3(b)(i);<br />
Sub-Clause 14.5 [Plant and Material intended for the Works] shall not<br />
apply; and<br />
if these instalments are not defined by reference to the actual<br />
progress achieved in executing the Works, and if actual progress is<br />
found to be less than that on which the Schedule <strong>of</strong> Payments was<br />
based, then the Employer's Representative may proceed in<br />
accordance with Sub-Clause 3.5 [Determinations] to agree or<br />
determine revised instalment amounts, taking into account the extent<br />
to which the progress is less than that on which the instalment<br />
amounts were previously based.<br />
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(b)<br />
If the Schedule <strong>of</strong> Payments does not specify the instalment amounts in<br />
which the Contract Price will be paid, the Contractor shall submit non-binding<br />
estimates <strong>of</strong> the payments which it expects to become due during each<br />
monthly period. The first estimate shall be submitted within 28 days after the<br />
Date <strong>of</strong> the Contract. Revised estimates shall be submitted at monthly<br />
intervals, until the Taking Over Certificate has been issued for the whole <strong>of</strong><br />
the Works.<br />
14.5 Plant and Materials intended for the Works<br />
Plant and Materials intended for the Works<br />
(a)<br />
If this Sub-Clause 14.5 applies, Interim Payment Certificates shall include,<br />
under Sub-Clause 14.3(b)(v):<br />
(i)<br />
(ii)<br />
an amount for Plant and Materials which have been delivered to the<br />
Site for incorporation in the Permanent Works; and<br />
a reduction when the contract value <strong>of</strong> such Plant and Materials is<br />
included as part <strong>of</strong> the Permanent Works under Sub-Clause<br />
14.3(b)(i).<br />
(b)<br />
(c)<br />
If the lists referred to in either Sub-Clauses 14.5(c)(ii)(A) or 14.5(c)(iii)(A)<br />
below are not included in the Schedule <strong>of</strong> Payments, this Sub-Clause 14.5<br />
shall not apply.<br />
The Employer's Representative shall determine and certify each addition if<br />
the following conditions are satisfied:<br />
(i)<br />
the Contractor has:<br />
(A)<br />
(B)<br />
kept satisfactory records (including the orders, receipts, Costs<br />
and use <strong>of</strong> Plant and Materials) which are available for<br />
inspection; and<br />
submitted a statement <strong>of</strong> the Costs incurred in acquiring and<br />
delivering the Plant and Materials to the Site, supported by<br />
satisfactory evidence,<br />
and either:<br />
(ii)<br />
the relevant Plant and Materials:<br />
(A)<br />
(B)<br />
(C)<br />
are those listed in the Schedule <strong>of</strong> Payments for payment<br />
when shipped;<br />
have been shipped to the Country, en route to the Site, in<br />
accordance with the Contract; and<br />
are described in a clean shipped bill <strong>of</strong> lading or other<br />
evidence, <strong>of</strong> shipment, which has been submitted to the<br />
Employer's Representative together with evidence <strong>of</strong> payment<br />
<strong>of</strong> freight and insurance, any other documents reasonably<br />
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required, and a bank guarantee in a form and issued by an<br />
entity approved by the Employer in amounts and currencies<br />
equal to the amount due under this Sub-Clause 14.5 (this<br />
guarantee shall be in a form acceptable to the Employer and<br />
shall be valid until the Plant and Materials are properly stored<br />
on Site and protected against loss, damage or deterioration);<br />
or<br />
(iii)<br />
the relevant Plant and Materials:<br />
(A)<br />
(B)<br />
are those listed in the Schedule <strong>of</strong> Payments for payment<br />
when delivered to the Site; and<br />
have been delivered to and are properly stored on the Site,<br />
are protected against loss, damage or deterioration, and<br />
appear to be in accordance with the Contract.<br />
(d)<br />
(e)<br />
The additional amount to be certified shall be the equivalent <strong>of</strong> eighty percent<br />
<strong>of</strong> the Employer's Representative's determination <strong>of</strong> the cost <strong>of</strong> the Plant and<br />
Materials (including delivery to Site), taking account <strong>of</strong> the documents<br />
mentioned in this Sub-Clause 14.5 and <strong>of</strong> the contract value <strong>of</strong> the Plant and<br />
Materials.<br />
The currencies for this additional amount shall be the same as those in which<br />
payment will become due when the contract value is included under Sub-<br />
Clause 14.3(b)(i). At that time, the Payment Certificate shall include the<br />
applicable reduction which shall be equivalent to, and in the same currencies<br />
and proportions as, this additional amount for the relevant Plant and<br />
Materials.<br />
14.6 Issue <strong>of</strong> Interim Payment Certificates<br />
Issue <strong>of</strong> Interim Payment Certificates<br />
(a)<br />
(b)<br />
(c)<br />
No amount will be certified or paid until the Employer has received and<br />
approved the Bank Guarantee for performance. Thereafter, the Employer's<br />
Representative shall, within 28 days after receiving a Statement and<br />
supporting documents, issue to the Employer an Interim Payment Certificate<br />
which shall state the amount which the Employer's Representative fairly<br />
determines to be due, with supporting particulars.<br />
Prior to issuing the Taking Over Certificate for the Works, the Employer's<br />
Representative shall not be bound to issue an Interim Payment Certificate in<br />
an amount which would be less than the minimum amount <strong>of</strong> Interim Payment<br />
Certificates as set out in the Schedule <strong>of</strong> Payments. In this event, the<br />
Employer's Representative shall give notice to the Contractor accordingly.<br />
An Interim Payment Certificate shall not be withheld for any other reason,<br />
although:<br />
(i)<br />
if anything supplied or work done by the Contractor is not in<br />
accordance with the Contract, the cost <strong>of</strong> rectification or replacement<br />
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may be withheld until rectification or replacement has been<br />
completed;<br />
(ii)<br />
(iii)<br />
if the Contractor was or is failing to perform any work or obligation in<br />
accordance with the Contract, and had been so notified by the<br />
Employer's Representative, the value <strong>of</strong> this work or obligation may<br />
be withheld until the work or obligation has been performed; and/or<br />
if the Contractor fails to submit a revised works programme in<br />
accordance with Sub-Clause 8.3 [Contract Programme] or monthly<br />
progress report in accordance with Sub-Clause 4.21 [Progress<br />
Reports], payment may be withheld until such programme or monthly<br />
progress report (as the case may be) has been submitted.<br />
(d)<br />
The Employer's Representative may in any Payment Certificate make any<br />
correction or modification that should properly be made to any previous<br />
Payment Certificate. A Payment Certificate or payment <strong>of</strong> the amounts there<br />
under shall not be deemed to indicate the Employer's Representative's or<br />
Employer's (as the case may be) acceptance, approval, consent or<br />
satisfaction.<br />
14.7 Payment<br />
Payment<br />
(a)<br />
Except as otherwise stated in Sub-Clause 14.6 [Issue <strong>of</strong> Interim Payment<br />
Certificates], the Employer shall pay to the Contractor:<br />
(i) the amount certified in each Interim Payment Certificate within 30<br />
days after the Employer's Representative issues such Interim<br />
Payment Certificate; and<br />
(ii)<br />
the amount certified in the Final Payment Certificate within 30 days<br />
after the Employer receives this Payment Certificate.<br />
(b)<br />
(c)<br />
(d)<br />
Payment <strong>of</strong> the amount due shall be made into the bank account nominated<br />
by the Contractor except as otherwise stated in the Contract and the<br />
Contractor shall be responsible for and shall pay any bank transfer fees<br />
arising out <strong>of</strong> or in connection with payments made by the Employer to the<br />
Contractor pursuant to the Contract.<br />
The Contractor undertakes to pay its Subcontractors and suppliers in<br />
accordance with the provisions <strong>of</strong> the relevant contract and to ensure that<br />
labourers employed in the execution <strong>of</strong> the Works, whether by the Contractor<br />
or by its Subcontractors, are paid in accordance with their respective<br />
contracts and the Laws.<br />
Notwithstanding any other provision <strong>of</strong> the Contract, the Employer may<br />
withhold from any payment due to the Contractor amounts the Employer<br />
deems reasonably necessary or appropriate to protect it from liability or loss<br />
because <strong>of</strong> any one or more <strong>of</strong> the following reasons:<br />
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(i)<br />
(ii)<br />
(iii)<br />
(iv)<br />
(v)<br />
(vi)<br />
(vii)<br />
(viii)<br />
defects and deficiencies in any Works, whether or not payment has<br />
been made;<br />
failure by the Contractor to provide a Bank Guarantee for<br />
performance in accordance with the Contract;<br />
failure by the Contractor to procure and maintain insurance policies in<br />
accordance with the Contract;<br />
reasonable evidence that completion <strong>of</strong> the Works or a Section will<br />
not occur by the Time for Completion and the unpaid balance <strong>of</strong> the<br />
Contract Price will not be adequate to cover amounts that are likely to<br />
be payable by the Contractor under Sub-Clause 8.7 [Delay<br />
Damages];<br />
failure by the Contractor, in any material respect, to execute the<br />
Works;<br />
failure by the Contractor to comply with its obligations under Sub-<br />
Clauses 1.13 [Compliance with Laws] and 1.17 [Registered or<br />
Licensed];<br />
any overpayments made by the Employer in a previous payment; and<br />
a dispute exists as to the accuracy or completeness <strong>of</strong> any Statement<br />
(but only with respect to the amount then in dispute).<br />
14.8 Not Used<br />
Not Used<br />
14.9 Payment <strong>of</strong> Retention Money<br />
Payment <strong>of</strong> Retention Money<br />
(a)<br />
(b)<br />
(c)<br />
When the Taking Over Certificate has been issued for the whole <strong>of</strong> the Works<br />
and the Works have passed all specified tests, the first half <strong>of</strong> the Retention<br />
Money will be certified by the Employer's Representative for payment to the<br />
Contractor.<br />
Promptly after the latest expiry dates <strong>of</strong> the Defects Notification Periods, the<br />
outstanding balance <strong>of</strong> the Retention Money shall be certified by the<br />
Employer's Representative for payment to the Contractor.<br />
If any part <strong>of</strong> the Works remains to be executed under Clause 11 [Defects<br />
Liability], the Employer's Representative shall be entitled to withhold<br />
certification <strong>of</strong> the estimated cost <strong>of</strong> that part <strong>of</strong> the Works until it has been<br />
completed.<br />
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14.10 Statement at Taken Over<br />
Statement at Taken Over<br />
(a)<br />
Within 60 days after receiving the Taking Over Certificate for the Works, the<br />
Contractor shall submit to the Employer's Representative four copies <strong>of</strong> a<br />
Statement with supporting documents, in accordance with Sub-Clause 14.3<br />
[Application for Interim Payment Certificates], showing:<br />
(i)<br />
(ii)<br />
(iii)<br />
the value <strong>of</strong> all work done in accordance with the Contract up to the<br />
date stated in the Taking Over Certificate for the Works;<br />
any further sums which the Contractor considers to be due; and<br />
an estimate <strong>of</strong> any other amounts which the Contractor considers will<br />
become due to it under the Contract. Estimated amounts shall be<br />
shown separately in this Statement,<br />
("Statement at Taken Over").<br />
(b)<br />
(c)<br />
The Employer's Representative shall then review and certify the Statement at<br />
Taken Over in accordance with Sub-Clause 14.6 [Issue <strong>of</strong> Interim Payment<br />
Certificates].<br />
Unless the Contractor includes the details required by Sub-Clause 20.1(g)<br />
[Contractor’s Claims] in the Statement at Taken Over, the Contractor is not<br />
entitled to, and the Contractor releases the Employer from any liability for any<br />
additional time, relief or the payment <strong>of</strong> any money arising out <strong>of</strong> or in<br />
connection with any events or circumstances occurring prior to the date <strong>of</strong> the<br />
Statement at Taken Over is submitted.<br />
14.11 Application for Final Payment Certificate<br />
Application for Final Payment Certificate<br />
(a)<br />
Within 56 days after receiving the Final Completion Certificate, the Contractor<br />
shall submit, to the Employer's Representative, four copies <strong>of</strong> a draft final<br />
statement with supporting documents showing in detail, in a form approved<br />
by the Employer's Representative:<br />
(i)<br />
(ii)<br />
the value <strong>of</strong> all work done in accordance with the Contract; and<br />
any further sums which the Contractor considers to be due to it under<br />
the Contract or otherwise.<br />
(b)<br />
If the Employer's Representative disagrees with or cannot verify any part <strong>of</strong><br />
the draft final statement, the Contractor shall submit such further information<br />
as the Employer's Representative may reasonably require and shall make<br />
such changes in the draft as may be agreed between them. The Contractor<br />
shall then prepare and submit to the Employer's Representative the final<br />
statement as agreed. This agreed statement is referred to in these General<br />
Conditions as the "Final Statement".<br />
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(c)<br />
(d)<br />
If, following discussions between the Employer's Representative and the<br />
Contractor and any changes to the draft final statement which are agreed, it<br />
becomes evident that a dispute exists, the Employer's Representative shall<br />
deliver to the Employer (with a copy to the Contractor) an Interim Payment<br />
Certificate for the agreed parts <strong>of</strong> the draft final statement.<br />
Thereafter, if the dispute is finally resolved under Sub-Clauses 20.2 [Disputes<br />
and Differences] and 20.3 [Dispute Resolution Procedures], the Contractor<br />
shall then prepare and submit to the Employer (with a copy to the Employer's<br />
Representative) a Final Statement.<br />
14.12 Discharge<br />
Discharge<br />
When submitting the Final Statement, the Contractor shall submit a written discharge<br />
in the form set out in the Schedule <strong>of</strong> Forms <strong>of</strong> Certificates, which confirms that the<br />
total <strong>of</strong> the Final Statement represents full and final settlement <strong>of</strong> all monies due to<br />
the Contractor under or in connection with the Contract.<br />
14.13 Issue <strong>of</strong> Final Payment Certificate<br />
Issue <strong>of</strong> Final Payment Certificate<br />
(a)<br />
Within 28 days after receiving the Final Statement and written discharge in<br />
accordance with Sub-Clause 14.11 [Application for Final Payment Certificate]<br />
and Sub-Clause 14.12 [Discharge], the Employer's Representative shall<br />
issue, to the Employer, the Final Payment Certificate which shall state:<br />
(i)<br />
(ii)<br />
the amount which is finally due; and<br />
the balance (if any) due from the Employer to the Contractor or from<br />
the Contractor to the Employer, as the case may be, after giving credit<br />
to the Employer for all amounts previously paid by the Employer and<br />
for all sums to which the Employer is entitled,.<br />
(b)<br />
(c)<br />
If the Contractor has not applied for a Final Payment Certificate in<br />
accordance with Sub-Clause 14.11 [Application for Final Payment Certificate]<br />
and Sub-Clause 14.12 [Discharge], the Employer's Representative shall<br />
request the Contractor to do so. If the Contractor fails to submit an<br />
application within a period <strong>of</strong> 28 days, the Employer's Representative shall<br />
issue the Final Payment Certificate for such amount as it fairly determines to<br />
be due.<br />
No payment by the Employer, or the issue <strong>of</strong> any certificate, constitutes<br />
acceptance by the Employer <strong>of</strong> the Works or any part <strong>of</strong> the Works, or<br />
releases the Contractor from any <strong>of</strong> its warranties, obligations or liabilities<br />
under or in connection with the Contract.<br />
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14.14 Cessation <strong>of</strong> Employer's Liability<br />
Cessation <strong>of</strong> Employer's Liability<br />
(a)<br />
The Employer shall not be liable to the Contractor for any matter or thing<br />
under or in connection with the Contract or execution <strong>of</strong> the Works, except to<br />
the extent that the Contractor shall have included an amount expressly for it:<br />
(i)<br />
(ii)<br />
(iii)<br />
in the Final Statement;<br />
(except for matters or things after the issue <strong>of</strong> the Taking Over<br />
Certificate for the Works) in the Statement at completion described in<br />
Sub-Clause 14.10 [Statement at Completion]; and<br />
the Employer's Representative has certified such amounts as due and<br />
payable to the Contractor.<br />
(b)<br />
This Sub-Clause 14.14 shall not limit the Employer's liability under its<br />
indemnification obligations or in case <strong>of</strong> fraud, deliberate default or reckless<br />
misconduct by the Employer.<br />
14.15 Currencies <strong>of</strong> Payment<br />
Currencies <strong>of</strong> Payment<br />
Unless otherwise stated in the Contract, the Contract Price and all other payments<br />
under the Contract shall be paid in the currency or currencies stated in the Schedule<br />
<strong>of</strong> Details. Unless otherwise stated in the Particular Conditions, if more than one<br />
currency is so named, payments shall be made as follows:<br />
(a)<br />
if the Contract Price is only expressed in the local currency <strong>of</strong> the Country:<br />
(i)<br />
(ii)<br />
(iii)<br />
the proportions or amounts <strong>of</strong> the local and foreign currencies, and<br />
the fixed rates <strong>of</strong> exchange to be used for calculating the payments,<br />
shall be as stated in the Schedule <strong>of</strong> Details, except as otherwise<br />
agreed by both Parties;<br />
payments and deductions under Sub-Clause 13.5 [Provisional Sums]<br />
and Sub-Clause 13.7 [Adjustments for Changes in Law] shall be<br />
made in the applicable currencies and proportions; and<br />
other payments and deductions under Sub-Clause 14.3 [Application<br />
for Interim Payment Certificates] shall be made in the currencies and<br />
proportions specified in sub-paragraph (a)(i) above;<br />
(b)<br />
(c)<br />
payment <strong>of</strong> the damages specified in the Schedule <strong>of</strong> Details shall be made in<br />
the currencies and proportions specified in the Schedule <strong>of</strong> Details;<br />
other payments to the Employer by the Contractor shall be made in the<br />
currency in which the sum was expended by the Employer, or in such<br />
currency as may be agreed by both Parties;<br />
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(d)<br />
(e)<br />
if any amount payable by the Contractor to the Employer in a particular<br />
currency exceeds the sum payable by the Employer to the Contractor in that<br />
currency, the Employer may recover the balance <strong>of</strong> this amount from the<br />
sums otherwise payable to the Contractor in other currencies; and<br />
if no rates <strong>of</strong> exchange are stated in the Schedule <strong>of</strong> Details, they shall be<br />
those prevailing on the Date <strong>of</strong> the Contract and determined by the central<br />
bank <strong>of</strong> the Country.<br />
14.16 Set Off<br />
Set Off<br />
The Employer may retain or set <strong>of</strong>f any amounts which are or may be payable by the<br />
Contractor to the Employer against amounts that may become or are payable to the<br />
Contractor (including security) under the Contract.<br />
14.17 Audit and Investigations<br />
Audit and Investigations<br />
(a)<br />
(b)<br />
Each payment made by the Employer to the Contractor may be subject to a<br />
post-payment audit by auditors, whether internal or external, <strong>of</strong> the Employer<br />
or by other authorised and qualified agents <strong>of</strong> the Employer at any time<br />
during the term <strong>of</strong> the Contract and for a period <strong>of</strong> two (2) years following the<br />
expiration or prior termination <strong>of</strong> the Contract. The Employer shall be entitled<br />
to a refund from the Contractor for any amounts shown by such audits to<br />
have been paid by the Employer other than in accordance with the terms and<br />
conditions <strong>of</strong> the Contract.<br />
The Contractor acknowledges and agrees that, from time to time, the<br />
Employer may conduct investigations relating to any aspect <strong>of</strong> the<br />
Contract or the award there<strong>of</strong>, the obligations performed under the<br />
Contract, and the operations <strong>of</strong> the Contractor generally relating to<br />
performance <strong>of</strong> the Contract. The right <strong>of</strong> the Employer to conduct an<br />
investigation and the Contractor’s obligation to comply with such an<br />
investigation shall not lapse upon issuance <strong>of</strong> the Final Completion<br />
Certificate or prior termination <strong>of</strong> the Contract. The Contractor shall<br />
provide its full and timely cooperation with any such inspections, postpayment<br />
audits or investigations. Such cooperation shall include, but<br />
shall not be limited to, the Contractor’s obligation to make available the<br />
Contractor’s Personnel and any relevant documentation for such<br />
purposes at reasonable times and on reasonable conditions and to<br />
grant to the Employer access to the Contractor’s premises at<br />
reasonable times and on reasonable conditions in connection with<br />
such access to the Contractor’s Personnel and relevant<br />
documentation. The Contractor shall require its agents, including, but<br />
not limited to, the Contractor’s attorneys, accountants or other<br />
advisers, to reasonably cooperate with any inspections, post-payment<br />
audits or investigations carried out by the Employer.<br />
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15. TERMINATION BY EMPLOYER<br />
15.1 Notice to Correct<br />
Notice to Correct<br />
If the Contractor fails to carry out any obligation under the Contract, the Employer's<br />
Representative may by written notice require the Contractor to make good the failure<br />
and to remedy it within a specified time.<br />
15.2 Termination by Employer<br />
Termination by Employer<br />
(a)<br />
The Employer shall have the right to terminate the Contract if the Contractor:<br />
(i) fails to comply with Sub-Clause 4.2 [Bank Guarantee for<br />
Performance] or with a notice under Sub-Clause 15.1 [Notice to<br />
Correct];<br />
(ii)<br />
(iii)<br />
(iv)<br />
fails to comply with its obligations under Clause 18 [Insurance];<br />
abandons the Works or otherwise demonstrates the intention not to<br />
continue performance <strong>of</strong> its obligations under the Contract;<br />
without reasonable excuse fails:<br />
(A) to proceed with the Works in accordance with Clause 8<br />
[Commencement, Delays and Suspension]; or<br />
(B) to comply with a notice issued under Sub-Clause 7.5<br />
[Rejection] or Sub-Clause 7.6 [Remedial Work], within 28 days<br />
after receiving it; or<br />
(C) to comply with its obligations under Sub-Clauses 1.13<br />
[Compliance with Laws] and 1.17 [Registered or Licensed]; or<br />
(v)<br />
(vi)<br />
subcontracts the execution <strong>of</strong> the whole <strong>of</strong> the Works or assigns the<br />
Contract or any part there<strong>of</strong> without the Employer's prior written<br />
consent;<br />
becomes bankrupt or insolvent, goes into liquidation, has a receiving<br />
or administration order made against it, compounds with its creditors,<br />
or carries on business under a receiver, trustee or manager for the<br />
benefit <strong>of</strong> its creditors, or if any act is done or event occurs which<br />
(under applicable Laws) has a similar effect to any <strong>of</strong> these acts or<br />
events;<br />
(vii) is in breach <strong>of</strong> Sub-Clauses 4.27, 4.28, 6.17, 6.18 and 6.19;<br />
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(viii)<br />
(ix)<br />
(x)<br />
provides the Employer with a right to terminate under the provisions <strong>of</strong><br />
Sub-Clause 8.7 [Delay Damages];<br />
submits a guarantee, certificate, statement, test result or any<br />
document it is required to submit under the Contract that is false or<br />
intentionally misleading; or<br />
is otherwise in material breach <strong>of</strong> the Contract.<br />
(b) In any <strong>of</strong> these events or circumstances, the Employer may, upon giving 14<br />
days written notice to the Contractor, terminate the Contract and expel the<br />
Contractor from the Site. In the case <strong>of</strong> Sub-Clauses 15.2(a)(vi) to (vii) and<br />
Sub-Clause 15.2(a)(ix), the Employer may by written notice terminate the<br />
Contract immediately.<br />
(c)<br />
(d)<br />
The Employer's election to terminate the Contract shall not prejudice any<br />
other rights <strong>of</strong> the Employer, under or in connection with the Contract.<br />
The Contractor shall then leave the Site and deliver any required Goods and<br />
all Contractor's <strong>Document</strong>s made by or for it, to the Employer's<br />
Representative. The Contractor shall use its best efforts to comply<br />
immediately with any reasonable instructions included in the notice:<br />
(i)<br />
(ii)<br />
for the assignment <strong>of</strong> any subcontract; or<br />
for the protection <strong>of</strong> life or property or for the safety <strong>of</strong> the Works.<br />
(e)<br />
(f)<br />
After termination, the Employer may complete the Works and/or arrange for<br />
any other entities to do so. The Employer and these entities may then use<br />
any Goods and/or Contractor's <strong>Document</strong>s made by or on behalf <strong>of</strong> the<br />
Contractor.<br />
The Employer shall then give written notice to the Contractor as to when the<br />
Contractor's Equipment and Temporary Works will be released at or near the<br />
Site. The Contractor shall promptly arrange their removal, at the risk and cost<br />
<strong>of</strong> the Contractor. If by this time the Contractor has failed to make a payment<br />
due to the Employer, these items may be sold by the Employer in order to<br />
recover this payment. Any balance <strong>of</strong> the proceeds shall then be paid to the<br />
Contractor.<br />
15.3 Valuation at Date <strong>of</strong> Termination<br />
Valuation at Date <strong>of</strong> Termination<br />
As soon as practicable after a notice <strong>of</strong> termination under Sub-Clause 15.2<br />
[Termination by Employer] has taken effect, the Employer's Representative shall<br />
proceed in accordance with Sub-Clause 3.5 [Determinations] to agree or determine<br />
the value <strong>of</strong> the Works, Goods and Contractor's <strong>Document</strong>s, and any other sums due<br />
to the Contractor for work executed in accordance with the Contract.<br />
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15.4 Payment after Termination<br />
Payment after Termination<br />
After a notice <strong>of</strong> termination under Sub-Clause 15.2 [Termination by Employer] has<br />
taken effect, the Employer may:<br />
(a)<br />
(b)<br />
withhold further payments to the Contractor until the Costs <strong>of</strong> design,<br />
execution, completion and remedying <strong>of</strong> any defects, damages for delay in<br />
completion (if any), and all other costs incurred by the Employer, have been<br />
established and paid; and/or<br />
recover from the Contractor any costs incurred by the Employer and any<br />
extra costs <strong>of</strong> completing the Works, including, without limitation, the<br />
reasonable costs <strong>of</strong> technical, legal and other advisers incurred by the<br />
Employer in relation to the employment <strong>of</strong> a new contractor to rectify and<br />
complete the Works after allowing for any sum due to the Contractor under<br />
Sub-Clause 15.3 [Valuation at Date <strong>of</strong> Termination]. After recovering any<br />
such costs, the Employer shall pay any balance to the Contractor.<br />
15.5 Employer's Entitlement to Termination for Convenience<br />
Employer's Entitlement to Termination for Convenience<br />
(a)<br />
(b)<br />
The Employer may in its absolute discretion terminate the Contract, at any<br />
time for the Employer's convenience, by giving written notice <strong>of</strong> such<br />
termination to the Contractor. The termination shall take effect 28 days after<br />
the latter <strong>of</strong> the dates on which the Contractor receives the written notice, or<br />
the Employer returns the Bank Guarantee for performance.<br />
Upon termination, the Contractor shall proceed in accordance with Sub-<br />
Clause 16.3 [Cessation <strong>of</strong> Work and Removal <strong>of</strong> Contractor's Equipment] and<br />
shall be paid in accordance with Sub-Clause 19.6 [Optional Termination,<br />
Payment and Release].<br />
16. SUSPENSION AND TERMINATION BY CONTRACTOR<br />
16.1 Contractor's Entitlement to Suspend Work<br />
Contractor's Entitlement to Suspend Work<br />
(a)<br />
(b)<br />
(c)<br />
If the Employer fails to comply with Sub-Clause 14.7 [Payment], the<br />
Contractor may, after giving not less than 21 days written notice to the<br />
Employer, suspend work (or reduce the rate <strong>of</strong> work) unless and until the<br />
Contractor has received payment.<br />
The Contractor's action shall not prejudice its entitlements to termination<br />
under Sub-Clause 16.2 [Termination by Contractor].<br />
If, subsequent to issuing the notice to the Employer under Sub-Clause<br />
16.1(a) and before giving a notice <strong>of</strong> termination, the Contractor receives<br />
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payment, the Contractor shall resume normal working as soon as is<br />
reasonably practicable.<br />
(d)<br />
If the Contractor suffers delay and/or incurs Costs as a result <strong>of</strong> suspending<br />
work (or reducing the rate <strong>of</strong> work) in accordance with this Sub-Clause 16.1,<br />
the Contractor shall give a Claim Notice to the Employer's Representative<br />
and shall be entitled subject to Sub-Clause 20.1 [Contractor's Claims] to:<br />
(i)<br />
(ii)<br />
an extension <strong>of</strong> time for any such delay, if completion is or will be<br />
delayed, under Sub-Clause 8.4 [Extension <strong>of</strong> Time for Completion];<br />
and<br />
payment <strong>of</strong> any such Costs, which shall be added to the Contract<br />
Price as a Variation.<br />
(e)<br />
After receiving the Claim Notice under Sub-Clause 16.1(d), the Employer's<br />
Representative shall proceed in accordance with Sub-Clause 20.1<br />
[Contractor's Claims] and Sub-Clause 3.5 [Determinations] to agree or<br />
determine the matters described in Sub-Clause 16.1(d).<br />
16.2 Termination by Contractor<br />
Termination by Contractor<br />
(a)<br />
Subject to Sub-Clause 16.2(b), the Contractor shall have the right to<br />
terminate the Contract, after giving 28 days written notice to the Employer <strong>of</strong><br />
its intention to terminate the Contract, if:<br />
(i)<br />
the Contractor does not receive the amount due under an Interim<br />
Payment Certificate within 42 days after the Works have been<br />
suspended by the Contractor under Sub-Clause 16.1 (a) (except for<br />
payments withheld or deductions in accordance with Sub-Clause 14.7<br />
[Payment] or 14.16 [Set <strong>of</strong>f]);<br />
or<br />
(ii)<br />
a prolonged suspension affects the whole <strong>of</strong> the Works as described<br />
in Sub-Clause 8.11 [Prolonged Suspension].<br />
(b)<br />
If the Employer remedies the alleged breach under Sub-Clause 16.2(a) within<br />
the 28 day notice period, the Contractor may not terminate the Contract.<br />
16.3 Cessation <strong>of</strong> Work and Removal <strong>of</strong> Contractor's Equipment<br />
Cessation <strong>of</strong> Work and Removal <strong>of</strong> Contractor's Equipment<br />
After a notice <strong>of</strong> termination under Sub-Clause 15.5 [Employer's Entitlement to<br />
Termination for Convenience], Sub-Clause 16.2 [Termination by Contractor] or Sub-<br />
Clause 19.6 [Optional Termination; Payment and Release] has taken effect, the<br />
Contractor shall promptly:<br />
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(a)<br />
(b)<br />
(c)<br />
(d)<br />
(e)<br />
(f)<br />
cease all further work, except for such work as may have been instructed by<br />
the Employer's Representative for the protection <strong>of</strong> life or property or for the<br />
safety <strong>of</strong> the Works;<br />
hand over to the Employer the Contractor's <strong>Document</strong>s, all Plant, Materials<br />
and other work, for which the payment has been certified in accordance with<br />
Sub-Clause 14.6 [Issue <strong>of</strong> Interim Payment Certificates];<br />
remove all other Goods from the Site, except as necessary for safety or those<br />
owned by the Employer, and vacate the Site;<br />
to the extent legally possible, procure the assignment or novation or<br />
otherwise to the Employer or an entity nominated by the Employer all rights,<br />
title and benefit <strong>of</strong> the Contractor to the Works and in the Plant, Materials and<br />
other work as at the date <strong>of</strong> termination;<br />
deliver to the Employer all Contractor's <strong>Document</strong>s prepared by the<br />
Contractor or its Subcontractors as at the date <strong>of</strong> termination in connection<br />
with the Works; and<br />
unless otherwise notified in writing by the Employer, remove all Contractor's<br />
Equipment from the Site and remove from the Site any wreckage, rubbish<br />
and debris <strong>of</strong> any kind and leave the whole <strong>of</strong> the Site in a clean and safe<br />
condition.<br />
16.4 Payment on Termination<br />
Payment on Termination<br />
After a notice <strong>of</strong> termination under Sub-Clause 16.2 [Termination by Contractor] has<br />
taken effect, the Employer shall promptly:<br />
(a)<br />
(b)<br />
return the Bank Guarantee for performance to the Contractor; and<br />
pay the Contractor in accordance with Sub-Clause 19.6 [Optional<br />
Termination, Payment and Release].<br />
17. RISK AND RESPONSIBILITY<br />
17.1 Indemnities<br />
Indemnities<br />
(a)<br />
The Contractor shall defend, indemnify, hold and save harmless, at its own<br />
expense, including all legal costs, the Indemnified Parties from and against<br />
any and all suits, actions or administrative proceedings, claims, demands and<br />
costs arising in any manner out <strong>of</strong> the acts or omissions <strong>of</strong> the Contractor or<br />
its employees, agents or Subcontractors or otherwise in connection with the<br />
execution <strong>of</strong> the Works and the Contractor's other obligations under or in<br />
connection with the Contract, including but not limited to, in respect <strong>of</strong>:<br />
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(i)<br />
(ii)<br />
(iii)<br />
(iv)<br />
(v)<br />
(vi)<br />
the remedying <strong>of</strong> any defects in accordance with Clause 11 [Defects<br />
Liability] and for any periods prescribed by Law;<br />
bodily injury, sickness, disease or death, <strong>of</strong> any person whatsoever<br />
arising out <strong>of</strong> or in the course <strong>of</strong> or by reason <strong>of</strong> the design, execution<br />
and completion <strong>of</strong> the Works;<br />
damage to or loss <strong>of</strong> any property <strong>of</strong> the Indemnified Parties or any<br />
other property, real or personal, for any period prescribed by Law;<br />
fines or penalties and/or any additional costs imposed by Law; or any<br />
Authority, arising out <strong>of</strong> or in connection with a breach <strong>of</strong> Law, the<br />
requirements <strong>of</strong> any Authority and/or guidelines, caused by the<br />
Contractor (both on and <strong>of</strong>f site) or the Contractor's Personnel;<br />
a failure by the Contractor to comply with its obligations under Sub-<br />
Clauses 1.13 [Compliance with Laws] and 1.17 [Registered or<br />
Licensed]; and<br />
the infringement <strong>of</strong> any Intellectual Property Rights.<br />
(b)<br />
(c)<br />
In defending the Employer, the Contractor shall not enter into a settlement<br />
without the prior written approval <strong>of</strong> the Employer.<br />
The indemnities required by this Sub-Clause 17.1 survive the completion,<br />
termination or expiry <strong>of</strong> the Contract.<br />
17.2 Contractor's Care <strong>of</strong> the Works<br />
Contractor's Care <strong>of</strong> the Works<br />
(a)<br />
(b)<br />
(c)<br />
(d)<br />
The Contractor shall take full responsibility for the care <strong>of</strong> the Works from the<br />
Date <strong>of</strong> the Contract, and the parts <strong>of</strong> the Site set out in the Schedule <strong>of</strong> Site<br />
Plan from the dates stated in the Schedule <strong>of</strong> Details, until the Taking Over<br />
Certificate is issued under Sub-Clause 10.1 [Taking Over <strong>of</strong> the Works and<br />
Sections] for the Works, at which time responsibility for the care <strong>of</strong> the Works<br />
shall pass to the Employer. If a Taking Over Certificate is issued for any<br />
Section or part <strong>of</strong> the Works, responsibility for the care <strong>of</strong> the Section or part<br />
shall then pass to the Employer.<br />
After responsibility has accordingly passed to the Employer, the Contractor<br />
shall take responsibility for the care <strong>of</strong> any work which is outstanding on the<br />
date stated in a Taking Over Certificate, until this outstanding work has been<br />
completed.<br />
If any loss or damage happens to the Works, during the period when the<br />
Contractor is responsible for their care, from any cause not listed in Sub-<br />
Clause 17.3 [Employer's Risks], the Contractor shall rectify the loss or<br />
damage at the Contractor's risk and cost, so that the Works, including any<br />
Goods and Contractor's <strong>Document</strong>s conform with the Contract.<br />
The Contractor shall be liable for any Costs caused by any actions performed<br />
by the Contractor, the Contractor's Personnel or any Subcontractor after a<br />
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17.3 Employer's Risks<br />
Employer's Risks<br />
Taking Over Certificate has been issued. The Contractor shall also be liable<br />
for any Costs which occur after a Taking Over Certificate has been issued<br />
and which arose from a previous event for which the Contractor was liable.<br />
The risks referred to in Sub-Clause 17.4 [Consequences <strong>of</strong> Employer's Risks] below<br />
are:<br />
(a)<br />
(b)<br />
(c)<br />
(d)<br />
war, (whether war be declared or not), invasion, act <strong>of</strong> foreign enemies within<br />
the Country;<br />
rebellion, terrorism, revolution, insurrection, military or usurped power, or civil<br />
war within the Country, but excluding civil unrest;<br />
munitions <strong>of</strong> war, ionising radiation or contamination by radio-activity within<br />
the Country, except as may be attributable to the Contractor's use <strong>of</strong> such<br />
munitions, explosives, radiation or radio-activity; and<br />
use or occupation by the Employer <strong>of</strong> any part <strong>of</strong> the Permanent Works,<br />
except as may be specified in the Contract.<br />
17.4 Consequences <strong>of</strong> Employer's Risks<br />
Consequences <strong>of</strong> Employer's Risks<br />
(a)<br />
(b)<br />
If and to the extent that any <strong>of</strong> the risks listed in Sub-Clause 17.3 [Employer's<br />
Risks] above results in loss or damage to the Works the Contractor shall<br />
promptly give notice to the Employer's Representative and shall rectify this<br />
loss or damage to the extent instructed by the Employer's Representative.<br />
If the Contractor suffers delay and/or incurs Costs from rectifying this loss or<br />
damage, the Contractor shall give a Claim Notice to the Employer's<br />
Representative and shall be entitled subject to Sub-Clause 20.1 [Contractor's<br />
Claims] to:<br />
(i)<br />
(ii)<br />
an extension <strong>of</strong> time for any such delay, if completion is or will be<br />
delayed, under Sub-Clause 8.4 [Extension <strong>of</strong> Time for Completion];<br />
and<br />
payment <strong>of</strong> any such Costs, which shall be added to the Contract<br />
Price as a Variation.<br />
(c)<br />
After receiving this Claim Notice, the Employer's Representative shall<br />
proceed in accordance with Sub-Clause 20.1 [Contractor's Claims] and Sub-<br />
Clause 3.5 [Determinations] to agree or determine the matters described in<br />
Sub-Clause 17.4(a). If such delays and/or Costs arise as a consequence <strong>of</strong><br />
any risk listed in Sub-Clause 17.3 [Employer's Risks] and any other risk not<br />
listed therein, then the agreement or determination in accordance with Sub-<br />
Clause 3.5 [Determinations] shall take into account the proportionate<br />
responsibility <strong>of</strong> the Contractor and the Employer.<br />
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17.5 Intellectual and Industrial Property Rights<br />
Intellectual and Industrial Property Rights<br />
(a) In this Sub-Clause 17.5:<br />
(i)<br />
(ii)<br />
"infringement" means an infringement (or alleged infringement) <strong>of</strong><br />
any patent, registered design, copyright, trade mark, trade name,<br />
trade secret or other intellectual or industrial property right relating to<br />
the Works; and<br />
"claim" means a claim (or proceedings pursuing a claim) alleging an<br />
infringement.<br />
(b)<br />
The Employer shall indemnify the Contractor against and from any claim<br />
alleging an infringement which is or was:<br />
(i)<br />
(ii)<br />
an unavoidable result <strong>of</strong> the Contractor's use <strong>of</strong> the Employer<br />
<strong>Document</strong>s in accordance with Sub-Clause 1.10 [Ownership and<br />
licence <strong>of</strong> Intellectual Property Rights]; or<br />
a result <strong>of</strong> any Works being used by the Employer:<br />
(A)<br />
(B)<br />
for a purpose other than that indicated by, or reasonably to be<br />
inferred from, the Contract; or<br />
in conjunction with any thing not supplied by the Contractor,<br />
unless such use was disclosed to the Contractor prior to the<br />
Date <strong>of</strong> the Contract or is stated in the Contract.<br />
(c)<br />
The Contractor shall indemnify the Employer against and from any other<br />
claim which arises out <strong>of</strong> or in relation to:<br />
(i)<br />
(ii)<br />
the manufacture, use, sale or import <strong>of</strong> any Goods; or<br />
any design for which the Contractor is responsible.<br />
(d)<br />
(e)<br />
If a Party is entitled to be indemnified under this Sub-Clause 17.5, the<br />
indemnifying Party may (at its cost) conduct negotiations for the settlement <strong>of</strong><br />
the claim, and any litigation or arbitration which may arise from it. The other<br />
Party shall, at the request and cost <strong>of</strong> the indemnifying Party, assist in<br />
contesting the claim. This other Party (and its Personnel) shall not make any<br />
admission which might be prejudicial to the indemnifying Party, unless the<br />
indemnifying Party failed to take over the conduct <strong>of</strong> any negotiations,<br />
litigation or arbitration upon being requested to do so by such other Party.<br />
The indemnities required by this Sub-Clause 17.5 survive the completion,<br />
termination or expiry <strong>of</strong> the Contract.<br />
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17.6 Limitation <strong>of</strong> Liability<br />
Limitation <strong>of</strong> Liability<br />
(a)<br />
(b)<br />
(c)<br />
Neither Party shall be liable to the other Party for any indirect or<br />
consequential loss or damage which may be suffered by the other Party in<br />
connection with the Contract, other than under Sub-Clauses 4.6 [Cooperation],<br />
4.14 [Avoidance <strong>of</strong> Interference], 4.16 [Transport <strong>of</strong> Goods], 4.18<br />
[Protection <strong>of</strong> the Environment], 17.1 [Indemnities] and 17.5 [Intellectual and<br />
Industrial Property Rights] and as may be included in any delay damages<br />
pursuant to Sub-Clause 4.13 [Rights <strong>of</strong> Way and Facilities] and 8.7 [Delay<br />
Damages].<br />
Subject to Sub-Clause 17.6(c), the total liability <strong>of</strong> the Contractor to the<br />
Employer, under or in connection with the Contract other than under Sub-<br />
Clauses 4.14 [Avoidance <strong>of</strong> Interference], 4.16 [Transport <strong>of</strong> Goods], 4.18<br />
[Protection <strong>of</strong> the Environment], 4.19 [Electricity, Water and Gas], 4.20<br />
[Employer's Equipment and Free-Issue Material], 17.1 [Indemnities], and 17.5<br />
[Intellectual and Industrial Property Rights] shall not exceed the amount <strong>of</strong> the<br />
aggregate limit <strong>of</strong> liability stated in the Schedule <strong>of</strong> Details.<br />
If:<br />
(i)<br />
(ii)<br />
the Contractor fails to procure or maintain the Contractor's insurance<br />
policies that it is required to procure and maintain under Clause 18<br />
[Insurance] and the Employer does not elect to take out such<br />
insurance policies under Sub-Clause 18.1(n); or<br />
the Contractor fails to comply with its obligations under the Contract<br />
and through any act or omission it prejudices or otherwise breaches<br />
and renders void, voidable, unenforceable, suspended, impaired or it<br />
defeats the insurances that are procured either by itself or the<br />
Employer in accordance with Clause 18 [Insurance],<br />
then the aggregate limit <strong>of</strong> liability under Sub-Clause 17.6(b) shall not exceed<br />
the Contract Price.<br />
(d)<br />
It is expressly agreed that any limitation <strong>of</strong> liability that is stated under this<br />
Sub-Clause 17.6 does not apply to, or limit in any manner the Contractor's<br />
liability in relation to the Employer's entitlement to:<br />
(i)<br />
(ii)<br />
(iii)<br />
(iv)<br />
Delay Damages under Sub-Clauses 8.7 [Delay Damages] and<br />
damages under Sub-Clause 9.4 [Failure to Pass Tests on<br />
Completion];<br />
withhold payment under Sub-Clause 14.7 [Payment];<br />
set-<strong>of</strong>f in accordance with Sub-Clause 14.16 [Set Off]; or<br />
make claims on Final Completion Certificates.<br />
(e)<br />
This Sub-Clause 17.6 shall not limit liability in any case <strong>of</strong> fraud, deliberate<br />
default or reckless misconduct by the Contractor.<br />
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17.7 Warranties relating to the Works<br />
Warranties relating to the Works<br />
Without prejudice to any other warranties expressed elsewhere in the Contract, and<br />
despite any inclusion <strong>of</strong> the Employer <strong>Document</strong>s in the Contract (including in the<br />
Specification and the Drawings) or any approval given or withheld by the Employer<br />
under the Contract, the Contractor warrants that:<br />
(a)<br />
(b)<br />
(c)<br />
(d)<br />
(e)<br />
(f)<br />
(g)<br />
(h)<br />
the Works will be executed with all the skill and care to be expected <strong>of</strong><br />
appropriately qualified and experienced international contractors with<br />
experience in performing works and services <strong>of</strong> a similar size, type, nature,<br />
scope and complexity to the Works and in accordance with Industry Best<br />
Practices;<br />
the Works will be executed in accordance with the Contract, for the Contract<br />
Price, and by the Time for Completion and that it will furnish all parts <strong>of</strong> the<br />
Works and all materials and services necessary to make the Works fully and<br />
operationally complete as specified in the Contract;<br />
when the Works are completed they shall be fit for such purposes for which<br />
the Works are intended as are specified in the Schedule <strong>of</strong> Specification;<br />
the Works will be executed with the highest regard for safety and protection <strong>of</strong><br />
the environment and so that the Works are capable <strong>of</strong> being operated and<br />
utilised in accordance with all applicable Laws and the Contract;<br />
the Works and the Plant and Materials utilise proven technology, being a<br />
technology that has operated commercially at other similar works and which,<br />
as <strong>of</strong> the Date <strong>of</strong> the Contract, is capable <strong>of</strong> being insured on a reasonable<br />
commercial basis;<br />
the Plant and Materials shall, when first used during the performance <strong>of</strong> the<br />
Works, be new and unused and shall also be, in accordance with the<br />
Contract and <strong>of</strong> a quality reasonably expected in the international<br />
construction and design industries, free from material defects and<br />
deficiencies <strong>of</strong> any kind, and free from any encumbrance or Security Interest<br />
and shall conform to the requirements set out in the Contract; and<br />
the Works will comply with all applicable Laws and the requirements <strong>of</strong> all<br />
relevant Authorities at the time the Works are Taken Over; and<br />
the warranties provided under this Sub-Clause 17.7 survive the completion,<br />
termination or expiry <strong>of</strong> the Contract.<br />
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18. INSURANCE<br />
18.1 General Requirements for Insurances<br />
General Requirements for Insurances<br />
(a)<br />
(b)<br />
(c)<br />
The Employer shall procure and maintain at all times as valid and<br />
enforceable, insurances as described in the Schedule <strong>of</strong> Insurance<br />
Requirements as the “Employer Insurances”, if any, for the periods set out<br />
therein.<br />
The Contractor shall procure and maintain at all times valid and enforceable<br />
insurances described in the Schedule <strong>of</strong> Insurance Requirements as<br />
“Contractor Insurances” as set out therein. The Contractor shall also procure<br />
and maintain at all times any other valid and enforceable insurances as may<br />
be required by Law and cause its Subcontractors to effect and maintain at all<br />
times such valid and enforceable insurance(s) (as appropriate). Unless<br />
otherwise instructed by the Employer, the Contractor insurances shall be<br />
placed with insurers <strong>of</strong> good repute and with a financial rating <strong>of</strong> not lower<br />
than Standard & Poor's BBB, Moody's Baa or A.M.Best BBB+.<br />
A Party shall immediately notify the other Party in writing <strong>of</strong> the occurrence <strong>of</strong><br />
any <strong>of</strong> the following events:<br />
(i)<br />
(ii)<br />
(iii)<br />
(iv)<br />
any circumstance which may lead to the cancellation, non-renewal,<br />
suspension or impairment <strong>of</strong> any insurance taken out pursuant to this<br />
Sub-Clause 18.1;<br />
an insurer denying coverage or liability for a claim;<br />
an insurer asserting orally or in writing, that one or more <strong>of</strong> the<br />
insurances is void, voidable or otherwise unenforceable; or<br />
it becoming aware <strong>of</strong> any circumstances which might lead to one or<br />
more <strong>of</strong> the insurances becoming void, voidable or unenforceable.<br />
(d)<br />
(e)<br />
The Parties will each provide the other with not less than 28 days written<br />
notice in advance <strong>of</strong> the cancellation, non-renewal, suspension or impairment<br />
<strong>of</strong> any <strong>of</strong> the insurances taken out pursuant to this Sub-Clause 18.1 or any<br />
material change to the terms and conditions <strong>of</strong> such insurances.<br />
The Contractor shall, at the request <strong>of</strong> the Employer, disclose the following<br />
information to the insurers in relation to the insurances to be procured by the<br />
Employer:<br />
(i)<br />
(ii)<br />
all information which the Contractor acting in accordance with Industry<br />
Best Practices believes that the insurers will require in their analysis<br />
<strong>of</strong> any risk;<br />
all information which the insurers and Employer specifically require to<br />
be disclosed;<br />
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(iii)<br />
(iv)<br />
all other information which the Contractor acting in accordance with<br />
Industry Best Practices and in good faith could reasonably consider to<br />
be material to the relevant insurance cover; and<br />
all information in respect <strong>of</strong> any problem or delay that is deemed<br />
material to the insurance in the opinion <strong>of</strong> the Employer.<br />
(f)<br />
(g)<br />
(h)<br />
(i)<br />
(j)<br />
The Contractor shall provide all such information in a timely manner so as to<br />
enable the Employer to comply with its obligations <strong>of</strong> disclosure to its<br />
insurers.<br />
The Contractor shall keep the Employer informed <strong>of</strong> any material changes in<br />
its methods or procedures <strong>of</strong> working which may affect insurance cover.<br />
Neither Party shall make any material alteration to the terms <strong>of</strong> any insurance<br />
without the prior written consent <strong>of</strong> the other Party. If an insurer makes (or<br />
attempts to make) any alteration, the Party first notified by the insurer shall<br />
promptly give written notice to the other Party.<br />
The Contractor shall comply fully with, and shall require its Subcontractors to<br />
comply fully with, all procedures and services including completion <strong>of</strong> all<br />
necessary applications for insurance, prompt and full compliance with all<br />
audit requests and claim reporting procedures, and full participation in and<br />
compliance with safety and loss control programmes implemented by, or at<br />
the request <strong>of</strong>, the Employer.<br />
Each policy insuring against loss or damage shall provide for payments to be<br />
made in the currencies required to rectify the loss or damage.<br />
The insurances referred to in Sub-Clauses 18.1(a) and 18.1(b) shall:<br />
(i)<br />
(ii)<br />
(iii)<br />
name the other Party as co-insured;<br />
contain a clause waiving the insurers' subrogation rights against each<br />
insured party, its employees and agents (except where such rights<br />
are due to a vitiating act); and<br />
provide for 30 days prior written notice <strong>of</strong> their cancellation, nonrenewal<br />
or amendment to be given to the Employer.<br />
(k)<br />
The Contractor shall, as soon as reasonably practicable, submit to the<br />
Employer copies <strong>of</strong> cover notes and/or a broker letter in evidence that:<br />
(i)<br />
(ii)<br />
the insurances to be procured and maintained pursuant to this Sub-<br />
Clause 18.1 have been effected; and<br />
all premiums due have been paid.<br />
(l)<br />
If the Contractor or the Employer is a co-insured to an insurance policy, it<br />
shall be entitled to:<br />
(i)<br />
receive, as soon as reasonably practicable, a copy <strong>of</strong> the policy<br />
documents, including the policy wording and any endorsements; and<br />
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(ii)<br />
inspect during ordinary business hours such original policies <strong>of</strong><br />
insurances.<br />
(m)<br />
(n)<br />
(o)<br />
(p)<br />
Renewal certificates in relation to such insurances shall be obtained as and<br />
when necessary and copies there<strong>of</strong> (certified in a manner acceptable to the<br />
other Party) shall be forwarded to the other Party as soon as possible but in<br />
any event at least 28 days before the renewal date.<br />
If the Contractor fails to procure or maintain at all times any <strong>of</strong> the insurances<br />
required under this Sub-Clause 18.1, or fails to provide satisfactory evidence<br />
and copies <strong>of</strong> policies in accordance with this Sub-Clause 18.1, the Employer<br />
may, at its option and without prejudice to any other right or remedy, after<br />
having notified the Contractor in writing, pay any premiums or take any such<br />
other steps as may be required to procure or maintain such insurance in force<br />
at the expense <strong>of</strong> the Contractor.<br />
Subject to Sub-Clauses 18.1(p), (q), (r) and (s), the Employer shall be<br />
responsible for handling any claims under the Employer Insurances and the<br />
Contractor shall be responsible for handling any claims under the Contractor<br />
Insurances.<br />
The Contractor will give the Employer, and the insurer (as may be required by<br />
the applicable insurance) written notice immediately upon:<br />
(i)<br />
(ii)<br />
the occurrence <strong>of</strong> any loss which will or may exceed the deductible on<br />
a Contractor Insurance policy; and<br />
becoming aware <strong>of</strong> any circumstances which might give rise to a loss<br />
which will exceed the deductible <strong>of</strong> the applicable insurance.<br />
(q)<br />
(r)<br />
Any notice given by the Contractor will include full details <strong>of</strong> the nature <strong>of</strong> the<br />
loss or the circumstances which may give rise to the loss, its amount and the<br />
steps that have been taken, or will be taken in respect <strong>of</strong> such loss or<br />
circumstances subject to the insurer’s consent (as may be required under the<br />
applicable insurance). The Contractor will keep the Employer fully informed<br />
in respect <strong>of</strong> any material developments as soon as they occur.<br />
The Contractor shall not, without obtaining the prior written consent <strong>of</strong> the<br />
Employer, and the insurer (as may be required under the applicable<br />
insurance):<br />
(i)<br />
(ii)<br />
(iii)<br />
(iv)<br />
make any admission <strong>of</strong> liability to a third party;<br />
enter into any negotiation to settle or compromise a claim under a<br />
Contractor Insurance;<br />
enter into a settlement or compromise a claim on the Contractor<br />
Insurances; or<br />
commence litigation or arbitration proceedings.<br />
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(s)<br />
(t)<br />
(u)<br />
(v)<br />
(w)<br />
(x)<br />
(y)<br />
In handling a claim with an insurer, the Contractor shall keep the Employer<br />
fully informed and seek the co-operation <strong>of</strong> the Employer and its pr<strong>of</strong>essional<br />
advisors.<br />
The insurances required in Sub-Clauses 18.1(a) and 18.1(b) shall be primary<br />
to and not in excess to (except in respect <strong>of</strong> any layers <strong>of</strong> third party cover<br />
effected specifically for the Works) or contributing with any other insurance<br />
maintained by any insured.<br />
Neither failure to comply nor full compliance with the insurance provisions <strong>of</strong><br />
the Contract shall limit or relieve the Contractor <strong>of</strong> its liabilities and obligations<br />
under the Contract. Any amounts not insured or not recovered from the<br />
insurers shall be borne by the Contractor and/or the Employer in accordance<br />
with these obligations, liabilities or responsibilities.<br />
The insurances required in Sub-Clause 18.1(b) shall be procured with<br />
insurers, and in terms, approved in writing by the Employer. Such approval<br />
shall not be unreasonably withheld or delayed by the Employer.<br />
The Contractor shall be responsible under any <strong>of</strong> the insurance policies<br />
required in Sub-Clause 18.1(a) for any deductible, fees and other costs or<br />
failure to recover in whole or part, in which case the Contractor shall<br />
indemnify the Employer in respect <strong>of</strong> such deductible, fees and other costs or<br />
failure to recover.<br />
Any comment, review or approval by the Employer or the Employer's<br />
Representative under this Sub-Clause 18.1 shall not relieve the Contractor<br />
from any <strong>of</strong> its warranties, obligations or liabilities under or in connection with<br />
this Clause 18 or otherwise under the Contract. The Contractor will be<br />
deemed to have undertaken its own analysis <strong>of</strong> the suitability, enforceability<br />
and adequacy <strong>of</strong> all insurance policies procured under Sub-Clause 18.1. The<br />
Contractor acknowledges and agrees that neither the Employer nor the<br />
Employer's Representative will be liable to the Contractor arising out <strong>of</strong> or in<br />
connection with any comment, review or approval given by them under this<br />
Sub-Clause 18.1.<br />
The obligations in this Sub-Clause 18.1 shall survive the completion,<br />
termination or expiry <strong>of</strong> the Contract.<br />
19. FORCE MAJEURE<br />
19.1 Definition <strong>of</strong> Force Majeure<br />
Definition <strong>of</strong> Force Majeure<br />
(a)<br />
In this Clause 19, Force Majeure means an exceptional event or<br />
circumstance:<br />
(i)<br />
which is beyond a Party's control;<br />
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(ii)<br />
(iii)<br />
(iv)<br />
which such Party could not reasonably have provided against before<br />
entering into the Contract;<br />
which, having arisen, such Party could not reasonably have avoided<br />
or overcome; and<br />
which is not substantially attributable to the other Party.<br />
(b)<br />
Subject to Sub-Clause 19.1(c), Force Majeure means the following events or<br />
circumstances, so long as the conditions set out in Sub-Clauses 19.1(a)(i) to<br />
(iv) are satisfied:<br />
(i)<br />
(ii)<br />
(iii)<br />
(iv)<br />
war, (whether war be declared or not), invasion, act <strong>of</strong> foreign<br />
enemies within the Country;<br />
rebellion, terrorism, revolution, insurrection, military or usurped power,<br />
or civil war within the Country;<br />
munitions <strong>of</strong> war, ionising radiation or contamination by radio-activity<br />
within the Country, except as may be attributable to the Contractor's<br />
use <strong>of</strong> such munitions, explosives, radiation or radio-activity; and<br />
earthquake, hurricane, typhoon, tsunami or fire emanating from<br />
outside the Site within the Country that are outside the normal range<br />
for that place at that time <strong>of</strong> year, but excluding any other weather<br />
conditions regardless <strong>of</strong> the severity.<br />
(c)<br />
The Contractor acknowledges and agrees that, with respect to any <strong>of</strong> its<br />
obligations under the Contract, the Contractor will be performing such<br />
obligations in areas in which the United Nations, including the Employer, is<br />
engaged in, preparing to engage in, or disengaging from peacekeeping,<br />
humanitarian or similar operations and any delays or failure to perform such<br />
obligations arising from or relating to harsh conditions within such areas, shall<br />
not, in and to itself, constitute a Force Majeure event.<br />
19.2 Notice <strong>of</strong> Force Majeure<br />
Notice <strong>of</strong> Force Majeure<br />
(a)<br />
(b)<br />
If a Party is or will be prevented from performing any <strong>of</strong> its obligations under<br />
the Contract by Force Majeure ("Affected Party"), then it shall give a written<br />
notice to the other Party <strong>of</strong> the event or circumstances constituting the Force<br />
Majeure and shall specify the obligations, the performance <strong>of</strong> which is or will<br />
be prevented. The notice shall be given as soon as practicable and not later<br />
than 7 days after the Affected Party became aware, or should have become<br />
aware acting in accordance with Industry Best Practices, <strong>of</strong> the relevant event<br />
or circumstance constituting Force Majeure or, if it is not possible to give such<br />
notice strictly by reason <strong>of</strong> the event <strong>of</strong> Force Majeure, three (3) days after<br />
the resumption <strong>of</strong> any means <strong>of</strong> providing notice between the Parties.<br />
The Affected Party shall, having given a notice, be excused from performance<br />
<strong>of</strong> such obligations for so long as such Force Majeure prevents it from<br />
performing them.<br />
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(c)<br />
(d)<br />
Notwithstanding any other provision <strong>of</strong> this Clause 19, Force Majeure shall<br />
not apply to obligations <strong>of</strong> either Party to make payments to the other Party<br />
under the Contract.<br />
Notwithstanding any other provision <strong>of</strong> this Clause 19, a Force Majeure shall<br />
not relieve a Party from an obligation which arose before the occurrence <strong>of</strong><br />
that event, including the care <strong>of</strong> the Works prior to the issuance <strong>of</strong> a Taking<br />
Over Certificate.<br />
19.3 Duty to Minimise Delay<br />
Duty to Minimise Delay<br />
(a)<br />
(b)<br />
Each Party shall at all times use all reasonable endeavours to overcome the<br />
effects <strong>of</strong> and minimise any delay in the performance <strong>of</strong> the Contract as a<br />
result <strong>of</strong> Force Majeure.<br />
An Affected Party shall give notice to the other Party when it ceases to be<br />
affected by Force Majeure, but in any event, not later than seven (7) days<br />
after the Affected Party ceases to be affected by the Force Majeure.<br />
19.4 Consequences <strong>of</strong> Force Majeure<br />
Consequences <strong>of</strong> Force Majeure<br />
(a)<br />
(b)<br />
If the Contractor is prevented from performing any <strong>of</strong> its obligations under the<br />
Contract by Force Majeure <strong>of</strong> which a notice has been given under Sub-<br />
Clause 19.2 [Notice <strong>of</strong> Force Majeure], and suffers delay by reason <strong>of</strong> such<br />
Force Majeure, the Contractor shall be entitled subject to Sub-Clause 20.1<br />
[Contractor's Claims] to an extension <strong>of</strong> time for any such delay, if completion<br />
is or will be delayed, under Sub-Clause 8.4 [Extension <strong>of</strong> Time for<br />
Completion].<br />
After receiving the notice under Sub-Clause 19.2 [Notice <strong>of</strong> Force Majeure],<br />
the Employer's Representative shall proceed in accordance with Sub-Clause<br />
3.5 [Determinations] to agree or determine the matters described in Sub-<br />
Clause 19.4(a). For the avoidance <strong>of</strong> doubt, subject to the provisions <strong>of</strong> Sub-<br />
Clause 17.4 [Consequences <strong>of</strong> Employer's Risks], the Contractor shall not be<br />
entitled to payment <strong>of</strong> any costs incurred by reason <strong>of</strong> such Force Majeure.<br />
19.5 Force Majeure Affecting Subcontractor<br />
Force Majeure Affecting Subcontractor<br />
If any Subcontractor is entitled under any contract or agreement relating to the Works<br />
to relief from Force Majeure on terms additional to or broader than those specified in<br />
this Clause 19, such additional or broader Force Majeure events or circumstances<br />
shall not excuse the Contractor's non-performance or entitle it to relief under this<br />
Clause 19.<br />
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19.6 Optional Termination, Payment and Release<br />
Optional Termination, Payment and Release<br />
(a)<br />
If the execution <strong>of</strong> substantially all the Works in progress is prevented for a<br />
continuous period <strong>of</strong> 84 days by reason <strong>of</strong> Force Majeure (excluding, for the<br />
avoidance <strong>of</strong> doubt:<br />
(i)<br />
(ii)<br />
the period <strong>of</strong> any rectification <strong>of</strong> loss or damage to the Works caused<br />
by Force Majeure which is not an Employer's risk set out in Clause<br />
17.3 [Employer's Risks] and in respect <strong>of</strong> which the Employer has not<br />
instructed the Contractor to carry out such rectification; and<br />
the consequences <strong>of</strong> such event or circumstance covered by the<br />
insurances referred to in Clause 18 [Insurance] <strong>of</strong> which a notice has<br />
been given under Sub-Clause 19.2 [Notice <strong>of</strong> Force Majeure]),<br />
then either Party may give to the other Party a notice <strong>of</strong> termination <strong>of</strong> the<br />
Contract. In this event, the termination shall take effect 7 days after the<br />
notice is given, and the Contractor shall proceed in accordance with Sub-<br />
Clause 16.3 [Cessation <strong>of</strong> Work and Removal <strong>of</strong> Contractor's Equipment].<br />
(b)<br />
Upon termination in accordance with Sub-Clause 19.6(a), the Employer's<br />
Representative shall determine the value <strong>of</strong> the work done as at that date and<br />
issue a Payment Certificate which shall include:<br />
(i)<br />
(ii)<br />
(iii)<br />
(iv)<br />
(v)<br />
the amounts payable for any work carried out for which a price is<br />
stated in the Contract (except for the Employer's entitlement to<br />
withhold and/or set-<strong>of</strong>f from payments due to the Contractor in<br />
accordance with the Contract);<br />
the Costs for Plant and Materials ordered for the Works which have<br />
been delivered to the Contractor, or <strong>of</strong> which the Contractor is liable to<br />
accept delivery. This Plant and Materials shall become the property <strong>of</strong><br />
(and be at the risk <strong>of</strong>) the Employer when paid for by the Employer,<br />
and the Contractor shall place the same at the Employer's disposal;<br />
any other Costs which in the circumstances was reasonably and<br />
properly incurred by the Contractor in the expectation <strong>of</strong> completing<br />
the Works;<br />
the reasonable and properly incurred Costs for the removal <strong>of</strong><br />
Temporary Works and Contractor's Equipment from the Site and the<br />
return <strong>of</strong> these items to the Contractor's works in its country (or to any<br />
other destination at no greater cost); and<br />
the reasonable and properly incurred Costs for the repatriation <strong>of</strong> the<br />
Contractor's staff and labour employed wholly in connection with the<br />
Works at the date <strong>of</strong> termination.<br />
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19.7 Release from Performance under the Law<br />
Release from Performance under the Law<br />
(a)<br />
Notwithstanding any other provision <strong>of</strong> the Contract, if any event or<br />
circumstance outside the control <strong>of</strong> the Parties (including, but not limited to,<br />
Force Majeure) arises which:<br />
(i)<br />
(ii)<br />
makes it impossible or unlawful for either or both Parties to fulfil its or<br />
their contractual obligations (despite such affected Party using<br />
Industry Best Practices to overcome and/or mitigate such<br />
circumstances); or<br />
which under Law, entitles the Parties to be released from further<br />
performance <strong>of</strong> the Contract,<br />
then either Party may by written notice inform the other Party <strong>of</strong> such event or<br />
circumstance.<br />
(b)<br />
Upon receiving or issuing such notice (as the case may be) under Sub-<br />
Clause 19.7(a), the Employer's Representative shall proceed in accordance<br />
with Sub-Clause 3.5 [Determinations] to agree or determine these matters.<br />
Where it is determined by the Employer's Representative that it is impossible<br />
or unlawful for a Party or the Parties to complete their contractual obligations<br />
or that the law entitles the Parties to be released from such obligations:<br />
(i)<br />
(ii)<br />
the Parties shall be discharged from further performance, without<br />
prejudice to the rights <strong>of</strong> either Party in respect <strong>of</strong> any previous<br />
breach <strong>of</strong> the Contract; and<br />
subject to the Employer's rights under Sub-Clause 14.16 [Set-<strong>of</strong>f] the<br />
sum payable by the Employer to the Contractor shall be the same as<br />
would have been payable under Sub-Clause 19.6 [Optional<br />
Termination, Payment and Release] if the Contract had been<br />
terminated under Sub-Clause 19.6.<br />
20. CLAIMS, DISPUTES AND ARBITRATION<br />
20.1 Contractor's Claims<br />
Contractor's Claims<br />
(a)<br />
If the Contractor considers itself to be entitled to any extension <strong>of</strong> the Time for<br />
Completion, any additional payment, Costs and/or other entitlements or relief<br />
from obligations, under any clause <strong>of</strong> these General Conditions or otherwise<br />
arising out <strong>of</strong> or in connection with the Contract, the Contractor shall give a<br />
Claim Notice stating that it is a notice pursuant to this Sub-Clause 20.1 to the<br />
Employer's Representative, describing the event or circumstance giving rise<br />
to the claim. The notice shall be given immediately, and not later than 14<br />
days after the Contractor became aware, or should have become aware<br />
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acting in accordance with Industry Best Practices, <strong>of</strong> the event or<br />
circumstance.<br />
(b)<br />
(c)<br />
(d)<br />
(e)<br />
(f)<br />
If the Contractor fails to give a Claim Notice duly completed and signed<br />
including detailed particulars within 14 days <strong>of</strong> the event arising, the Time for<br />
Completion shall not be extended, the Contractor shall not be entitled to<br />
additional payment or Costs and the Contractor shall be deemed to have<br />
waived its entitlement to make such claim, and the Employer shall be<br />
discharged from all liability arising out <strong>of</strong> or in connection with the claim and<br />
the Contractor shall comply with its obligations to perform the Works by the<br />
Time for Completion and for the Contract Price.<br />
Where an event has a continuing effect or where the Contractor is unable to<br />
determine whether the effect <strong>of</strong> an event will actually cause delay to the<br />
progress <strong>of</strong> the Works or entitle it to any additional payment or Costs and/or<br />
other relief from its obligations, so that it is not practicable for the Contractor<br />
to give notice in accordance with Sub-Clause 20.1(a), the Contractor shall<br />
immediately but no later than 14 days after the event has first arisen, give<br />
written notice to the Employer, to that effect with reasons and interim written<br />
particulars (including details <strong>of</strong> the likely consequences <strong>of</strong> the event on<br />
progress <strong>of</strong> the Works and an estimate <strong>of</strong> the likelihood or likely extent <strong>of</strong> the<br />
delay and/or resultant costs) and such notice shall be submitted in place <strong>of</strong><br />
the notice required under Sub-Clause 20.1(a). The Contractor shall then<br />
submit to the Employer's Representative, at intervals <strong>of</strong> 30 days, further<br />
interim written particulars until the actual event or delay caused (if any) is, or<br />
should be, ascertainable, whereupon the Contractor shall as soon as<br />
practicable but in any event within 14 days give a final Claim Notice to the<br />
Employer's Representative including the particulars set out in Sub-Clause<br />
20.1(a).<br />
If the Contractor fails to give the initial notice, the further interim particulars<br />
and the final Claim Notice duly completed and signed including all the<br />
particulars required within the times stated in Sub-Clause 20.1(c), then the<br />
Time for Completion shall not be extended, the Contractor shall not be<br />
entitled to additional payment or Costs, the Contractor shall be deemed to<br />
have waived its entitlement to make such claim, and the Employer shall be<br />
discharged from all liability arising out <strong>of</strong> or in connection with the claim and<br />
the Contractor shall comply with its obligations to perform the Works by the<br />
Time for Completion and for the Contract Price. Otherwise, the following<br />
provisions <strong>of</strong> this Sub-Clause 20.1 shall apply.<br />
The Contractor shall also submit any other notices which are required by the<br />
Contract, and supporting particulars for the claim, all as relevant to such<br />
event or circumstance.<br />
The Contractor shall keep such contemporary records as may be necessary<br />
to substantiate any claim, either on the Site or at another location acceptable<br />
to the Employer's Representative. Without admitting the Employer's liability,<br />
the Employer's Representative may, after receiving any notice under this<br />
Clause 20, monitor the record-keeping and/or instruct the Contractor to keep<br />
further contemporary records. The Contractor shall permit the Employer's<br />
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Representative to inspect all these records, and shall (if instructed) submit<br />
copies to the Employer's Representative.<br />
(g)<br />
Within 28 days after the Contractor has given a Claim Notice in accordance<br />
with either Sub-Clause 20.1(a) or 20.1(c), the Contractor shall give to the<br />
Employer's Representative a fully detailed claim which shall include full<br />
supporting particulars <strong>of</strong> the basis <strong>of</strong> the claim including:<br />
(i)<br />
(ii)<br />
(iii)<br />
(iv)<br />
(v)<br />
(vi)<br />
(vii)<br />
(viii)<br />
the material circumstances <strong>of</strong> the event including the cause or<br />
causes;<br />
the legal basis <strong>of</strong> the claim;<br />
the nature and extent <strong>of</strong> any delay;<br />
the nature and extent <strong>of</strong> any resultant additional Costs;<br />
the corrective action already undertaken or to be undertaken;<br />
the effect on the critical path noted on the Contract Programme,<br />
including any Milestone Dates;<br />
the period, if any, by which in its opinion the Time for Completion<br />
should be extended;<br />
the adjustment, if any which in its opinion should be made to the<br />
Contract Price; and<br />
(ix) a statement that it is a further notice pursuant to this Sub-Clause 20.1.<br />
(h)<br />
(i)<br />
(j)<br />
If the Contractor fails to give a final Claim Notice in accordance with Sub-<br />
Clause 20.1(g) duly completed and signed including all the particulars<br />
required within 28 days <strong>of</strong> giving a Claim Notice in accordance with Sub-<br />
Clauses 20.1(a) or 20.1(c), the Time for Completion shall not be extended,<br />
the Contractor shall not be entitled to additional payment or Costs, the<br />
Contractor shall be deemed to have waived its entitlement to make such<br />
claim, and the Employer shall be discharged from all liability arising out <strong>of</strong> or<br />
in connection with the claim and the Contractor shall comply with its<br />
obligations to perform the Works by the Time for Completion and for the<br />
Contract Price.<br />
Within 42 days after receiving the fully detailed claim in accordance with Sub-<br />
Clause 20.1(g), or within such other period as may be agreed in writing<br />
between the Parties, the Employer's Representative shall respond with<br />
approval, or with disapproval and detailed comments. The Employer's<br />
Representative may also request any necessary further particulars.<br />
The Employer's Representative shall proceed in accordance with Sub-Clause<br />
3.5 [Determinations] to agree or determine:<br />
(i)<br />
the extension (if any) <strong>of</strong> the Time for Completion (before or after its<br />
expiry) in accordance with Sub-Clause 8.4 [Extension <strong>of</strong> Time for<br />
Completion];<br />
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(ii)<br />
(iii)<br />
the additional payment <strong>of</strong> Costs (if any) to which the Contractor is<br />
entitled under the Contract; and/or<br />
any relief from obligations.<br />
(k)<br />
(l)<br />
(m)<br />
(n)<br />
(o)<br />
(p)<br />
(q)<br />
Despite any other provisions <strong>of</strong> the Contract, the Employer or the Employer's<br />
Representative may, in its sole and absolute discretion, at any time make a<br />
fair and reasonable extension <strong>of</strong> the Time for Completion. The Employer and<br />
the Employer's Representative have no obligation to grant, or to consider<br />
whether they should grant, an extension <strong>of</strong> time and they are not required to<br />
exercise this discretion for the benefit <strong>of</strong> the Contractor.<br />
For the avoidance <strong>of</strong> doubt, a delay caused by any act or omission <strong>of</strong> the<br />
Employer or any failure by the Employer or the Employer 's Representative to<br />
comply with this Sub-Clause 20.1 will not, for any reason, render Sub-Clause<br />
8.7 [Delay Damages] void, invalid or unenforceable, and will not relieve the<br />
Contractor <strong>of</strong> its obligations under Sub-Clause 8.7 [Delay Damages], or limit<br />
the Employer's entitlement to invoke the remedies set out in Sub-Clause 8.7<br />
[Delay Damages] or otherwise to recover Delay Damages.<br />
If more than one event causes concurrent delays and the cause <strong>of</strong> at least<br />
one <strong>of</strong> those events, but not all <strong>of</strong> them, is a cause <strong>of</strong> delay which would not<br />
entitle the Contractor to an extension <strong>of</strong> time under Sub-Clause 8.4<br />
[Extension <strong>of</strong> Time for Completion], then, to the extent <strong>of</strong> the concurrency, the<br />
Contractor will not be entitled to an extension <strong>of</strong> time.<br />
An extension <strong>of</strong> time granted under this Clause 20 is, unless otherwise stated<br />
in the Contract, the Contractor's sole entitlement to compensation for delay or<br />
disruption, including delay or disruption caused by the Employer, whether in<br />
breach <strong>of</strong> the Contract or otherwise.<br />
The requirements <strong>of</strong> this Sub-Clause 20.1 are in addition to those <strong>of</strong> any<br />
other clause which may apply to a claim. If the Contractor fails to comply with<br />
this or another Sub-Clause <strong>of</strong> the Contract in relation to any claim, the Time<br />
for Completion shall not be extended and the Contractor shall not be entitled<br />
to additional payment and/or other relief under the Contract or otherwise in<br />
relation to such claim.<br />
Nothing in this Sub-Clause 20.1 creates an additional right or entitlement <strong>of</strong><br />
the Contractor to an extension to the Time for Completion, additional payment<br />
and/or relief from obligations, where such right or entitlement did not<br />
otherwise exist under the Contract.<br />
Despite any other provision <strong>of</strong> the Contract, the Contractor shall use its best<br />
endeavours, acting in accordance with Industry Best Practices, to mitigate the<br />
effects <strong>of</strong> any event or circumstance which has or may adversely affect the<br />
Works, increase the Contract Price or delay the execution <strong>of</strong> the Works.<br />
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20.2 Disputes and Differences<br />
Disputes and Differences<br />
All disputes or disagreements arising out <strong>of</strong> or in connection with the formation,<br />
performance, interpretation, nullification, termination or invalidation <strong>of</strong> the Contract or<br />
the Works, or any other related dispute or disagreement ("Dispute"), shall be<br />
resolved in accordance with Sub-Clause 20.3 [Dispute resolution procedures].<br />
Further, if a Dispute arises, the Parties agree that they will, prior to the initiation <strong>of</strong><br />
any arbitral proceedings, use their best efforts in good faith to reach a reasonable<br />
and equitable resolution <strong>of</strong> the Dispute. The Parties agree that in the event a Dispute<br />
cannot be resolved using the procedure in Sub-Clauses 20.3(a) to 20.3(d) then that<br />
Dispute will be submitted, if requested by either Party, to arbitration in accordance<br />
with Sub-Clause 20.3(e).<br />
20.3 Dispute resolution procedures<br />
Dispute resolution procedures<br />
(a)<br />
In the event <strong>of</strong> a Dispute, written notice <strong>of</strong> such Dispute shall be given to the<br />
other Party's Representative. That notice shall:<br />
(i)<br />
(ii)<br />
set out the legal basis <strong>of</strong> the claim;<br />
set out the facts upon which the claim is based;<br />
(iii) have annexed copies <strong>of</strong> correspondence and any relevant<br />
background material;<br />
(iv)<br />
(v)<br />
contain detailed particulars <strong>of</strong> the quantification <strong>of</strong> the claim; and<br />
if the claim is made by the Contractor, be signed by its chief executive<br />
<strong>of</strong>ficer (or equivalent <strong>of</strong>ficer).<br />
(b)<br />
(c)<br />
(d)<br />
(e)<br />
If the Employer’s Representative and the Contractor’s Representative are<br />
unable to resolve the Dispute within 28 days after such notice is given, the<br />
Dispute shall be referred, if requested by either Party, to the Senior<br />
Representatives <strong>of</strong> the Parties set out in the Schedule <strong>of</strong> Details, or any<br />
replacement notified in writing.<br />
If the Senior Representatives <strong>of</strong> the Parties are unable to resolve the Dispute<br />
within 28 days, either Party may invite the other to conciliate the Dispute in<br />
accordance with the provisions <strong>of</strong> Sub-Clause 20.3(e). Otherwise the Dispute<br />
shall be referred, if requested by either Party, directly to arbitration in<br />
accordance with the provisions <strong>of</strong> Sub-Clause 20.3(f).<br />
Service <strong>of</strong> the notices under, and compliance with the process outlined in,<br />
Sub-Clauses 20.3(a), to 20.3(c) are conditions precedent to the<br />
commencement <strong>of</strong> any conciliation or arbitration in respect <strong>of</strong> a Dispute.<br />
In accordance with Sub-Clause 20.1(c), either Party may invite the other to<br />
conciliate a Dispute under the UNCITRAL Permanent Court <strong>of</strong> Arbitration<br />
Optional Conciliation Rules, 1996 (the “Conciliation Rules”) provided that;<br />
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(i)<br />
(ii)<br />
(iii)<br />
the language <strong>of</strong> the conciliation shall be in English;<br />
one conciliator shall be appointed by agreement between the Parties;<br />
or<br />
if the Parties are unable to agree on the appointment <strong>of</strong> a conciliator<br />
within 14 days after the matter has been referred to conciliation, the<br />
conciliator will be appointed by the Secretary-General <strong>of</strong> the<br />
Permanent Court <strong>of</strong> Arbitration in accordance with the Conciliation<br />
Rules.<br />
If the Parties do not reach agreement under the Conciliation Rules, the<br />
Dispute shall be referred, if requested by either Party, to arbitration in<br />
accordance with Sub-Clause 20.1(f).<br />
(f)<br />
If the Parties are unable to resolve the Dispute in accordance with Sub-<br />
Clause 20.3(c) or 20.3(e), the Dispute shall be referred, if requested by either<br />
Party, to and finally resolved by arbitration in accordance with the UNCITRAL<br />
Arbitration Rules then in effect ("Rules") provided that:<br />
(i)<br />
(ii)<br />
(iii)<br />
(iv)<br />
there shall be no seat or place <strong>of</strong> arbitration. The place <strong>of</strong> hearing<br />
shall be the place stated in the Schedule <strong>of</strong> Details;<br />
the language <strong>of</strong> the arbitration shall be English;<br />
the decisions <strong>of</strong> the arbitral tribunal shall be based on general<br />
principles <strong>of</strong> international commercial law. The arbitral tribunal shall<br />
have no authority to award punitive damages. In addition, the arbitral<br />
tribunal shall have no authority to award interest in excess <strong>of</strong> the<br />
London Inter-Bank Offered Rate (“LIBOR”) then prevailing, and any<br />
such interest shall be simple interest only; and<br />
the Parties shall be bound by any arbitration award rendered as a<br />
result <strong>of</strong> such arbitration as the final adjudication <strong>of</strong> any such dispute,<br />
controversy, or claim.<br />
(g)<br />
The arbitral proceedings and any information and documents relating to these<br />
proceedings shall be regarded as confidential in accordance with the<br />
meaning contemplated in Sub-Clause 1.12 [Confidential Details].<br />
20.4 Dispute resolution not to delay execution <strong>of</strong> the Works<br />
Dispute resolution not to delay execution <strong>of</strong> the Works<br />
Despite any activation <strong>of</strong> the dispute resolution procedures under Sub-Clause 20.3<br />
[Dispute resolution procedures], the Contractor shall continue to execute the Works<br />
and its other obligations under or in connection with the Contract.<br />
20.5 Survival<br />
Survival<br />
This Clause 20 survives the completion, expiry or termination <strong>of</strong> the Contract.<br />
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21. PRIVILEGES AND IMMUNITIES<br />
Nothing in or relating to the Contract shall be deemed a waiver, express or implied, <strong>of</strong><br />
any <strong>of</strong> the privileges and immunities <strong>of</strong> the United Nations, including its subsidiary<br />
organs, <strong>of</strong> which the Employer is an integral part, which are hereby expressly<br />
reserved.<br />
22. MISCELLANEOUS<br />
(a)<br />
(b)<br />
(c)<br />
In connection with the performance <strong>of</strong> the Contract, the Contractor<br />
acknowledges that the imports and customs Law and regulations <strong>of</strong> the<br />
Country shall apply to the furnishings and shipments <strong>of</strong> any products and<br />
components there<strong>of</strong> to the Country. The Contractor specifically<br />
acknowledges that the aforementioned import and custom Laws and<br />
regulations <strong>of</strong> the Country prohibit, among other things, the importation into<br />
the Country <strong>of</strong> certain products and components.<br />
The Contract may not be amended except in writing signed by a duly<br />
authorised representative <strong>of</strong> each <strong>of</strong> the Parties.<br />
Subject to any express provision in the Contract to the contrary, the<br />
respective warranties, obligations or liabilities <strong>of</strong> the Parties do not cease on<br />
the completion, expiry or termination <strong>of</strong> this Contract.<br />
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PARTICULAR CONDITIONS<br />
Part 1 - Amended Clauses<br />
The clauses within the General Conditions are amended in the following manner:<br />
If nothing is stated, then no amended conditions apply.<br />
Clause<br />
General conditions <strong>of</strong><br />
contract<br />
Amended General Condition<br />
Every place in all clauses that is mentioned as “the binding<br />
contracts signed with UNOPS and the contractor” shall be<br />
reworded as follows.<br />
The contracts shall be awarded and signed by the <strong>High</strong><br />
<strong>Commission</strong> <strong>of</strong> <strong>India</strong> (HCI) “Employer” in Sri Lanka with the<br />
successful Contractors.<br />
14.7 – Payment Interim Payments due to the contractor shall be released by<br />
the Employer to the contractor within a reasonable time<br />
upon the receipt <strong>of</strong> the Employer’s Representatives’<br />
(UNOPS) certification on the release <strong>of</strong> payment.<br />
The contractor shall hand over the payment requests with all<br />
the certified joint measurements to UNOPS first for the<br />
certifications to be made to the Employer to release the<br />
payment.<br />
Part 2 - Additional Clauses<br />
The General Conditions are amended by the inclusion <strong>of</strong> the following additional conditions:<br />
If nothing is stated, then no additional conditions apply.<br />
Clause<br />
Additional General Condition<br />
© UNOPS 2011 125
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SCHEDULE 1<br />
Schedule <strong>of</strong> Details<br />
Acc epted<br />
Contract Amount<br />
(Sub-Clause 1.1)<br />
Contractor’s<br />
Representative<br />
(Sub-Clause 1.1)<br />
Defects<br />
Notification<br />
Periods<br />
(Sub-Clause 1.1)<br />
Employer’s<br />
Representative<br />
(Sub-Clause 1.1)<br />
Latent Defect<br />
Periods<br />
(Sub-Clause 1.1)<br />
Project<br />
(Sub-Clause 1.1)<br />
Time for<br />
Completion<br />
(Sub-Clause 1.1)<br />
[Accepted Contract Amount to be inserted in words and<br />
figures]<br />
[name, position title and contact details to be inserted ]<br />
6 months<br />
Francoise Jacob<br />
Director & Representative<br />
UNOPS - LKOC<br />
118/5, Nawala Road, <strong>Colombo</strong> 05, Sri Lanka<br />
Contact No: +94 112 506096<br />
Fax: +94 112 506097<br />
Not applicable<br />
The construction, commissioning, testing and completion,<br />
including the remedying <strong>of</strong> all defects, for the provision <strong>of</strong><br />
infrastructure facilities [insert the description <strong>of</strong> particular<br />
package(s)] for Atchchuvali Industrial Estate development Project<br />
in Jaffna District, Sri Lanka.<br />
5 months
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Address for<br />
Service <strong>of</strong><br />
Notices and<br />
Communications<br />
(Sub-Clause 1.3)<br />
Employer<br />
Attention: [to be inserted ]<br />
Position title: [to be inserted ]<br />
Address: <strong>High</strong> <strong>Commission</strong> <strong>of</strong> <strong>India</strong> in Sri Lanka<br />
[Address to be inserted ]<br />
Facsimile Number: [to be inserted]<br />
Email Address: [to be inserted]<br />
Time(s) for<br />
access to and<br />
possession <strong>of</strong><br />
site<br />
(Sub-Clause 2.1)<br />
Amount <strong>of</strong> Bank<br />
Guarantee for<br />
performance<br />
(Sub-Clause 4.2)<br />
Contractor<br />
Attention: [to be inserted ]<br />
Position title: [to be inserted ]<br />
Address: [to be inserted ]<br />
Facsimile Number: [to be inserted ]<br />
Email Address: [to be inserted ]<br />
Within 7 days after signing <strong>of</strong> the contract by both parties<br />
The amount <strong>of</strong> the Bank Guarantee for performance to be<br />
provided under Sub-Clause 4.2(a) is the amount equal to 10% <strong>of</strong><br />
the Contract Price.<br />
The successful Bidder, within ten (10) calendar days from the<br />
receipt <strong>of</strong> the Letter <strong>of</strong> Intent from HCI shall submit the<br />
performance bond in the format attached to the – Section V <strong>of</strong> the<br />
Bid document.<br />
The amount <strong>of</strong> any additional Bank Guarantee to be provided<br />
under Sub-Clause 4.2(c) is the amount equal to 10% <strong>of</strong> the<br />
amount by which the Contract Price has increased.<br />
Delay Damages<br />
for failure to<br />
provide or<br />
maintain<br />
diversions for<br />
roads<br />
(Sub-Clause<br />
4.13)<br />
Working hours<br />
(Sub-Clause<br />
6.5(a))<br />
Not applicable<br />
8.30 am to 5.30 pm
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Delay Damages<br />
for failure to<br />
complete the<br />
Works within the<br />
Times for<br />
Completion<br />
(Sub-Clause 8.7)<br />
Maximum<br />
amount <strong>of</strong> Delay<br />
Damages (Sub-<br />
Clause 8.7)<br />
Allowance for<br />
overhead<br />
charges and<br />
pr<strong>of</strong>it for<br />
provisional sums<br />
if Plant, Materials<br />
or services are<br />
purchased by the<br />
Contractor.<br />
(Sub-Clause<br />
13.5)<br />
Limit <strong>of</strong><br />
Retention Money<br />
and percentage<br />
deduction for<br />
Retention<br />
(Sub-Clause<br />
14.3)<br />
Currencies <strong>of</strong><br />
payment<br />
(Sub-Clause<br />
14.15)<br />
Amount <strong>of</strong> the<br />
aggregate limit <strong>of</strong><br />
liability<br />
(Clause 17.6(b))<br />
Senior<br />
Representatives<br />
(Sub-Clause 1.1<br />
& 20.3(b))<br />
Arbitration<br />
(Sub-Clause<br />
20.3(e))<br />
Whole <strong>of</strong> the Works<br />
0.01% <strong>of</strong> the Contract Price per day.<br />
10% <strong>of</strong> the Contract Price<br />
10%<br />
The sum <strong>of</strong> 10% <strong>of</strong> the value <strong>of</strong> the amounts calculated under<br />
Sub-Clause 14.3(b) (i) & (ii) shall be retained from each and every<br />
payment up to a maximum <strong>of</strong> 5% <strong>of</strong> the Contract Price.<br />
Sri Lankan Rupees (LKR)<br />
The greater <strong>of</strong> the following amounts:<br />
(a) the aggregate amount <strong>of</strong> insurance cover to be procured and<br />
maintained by both Parties under Clause 18 [Insurance]; or<br />
(b) the Contract Price.<br />
Employer<br />
[insert name, position title and contact details]<br />
Contractor<br />
[insert name, position title and contact details]<br />
The place <strong>of</strong> the hearing, if any, shall be determined at the time<br />
the dispute arises.
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SCHEDULE 2<br />
Schedule <strong>of</strong> Site Plan<br />
1. Description <strong>of</strong> the Site<br />
Under the Phase I <strong>of</strong> this project, approximately 25 acres out <strong>of</strong> the available 65 acre<br />
land <strong>of</strong> the Atchchuvali Industrial Estate will be developed. The plot <strong>of</strong> land identified<br />
for Phase I development is as indicated in the Drawing <strong>of</strong> Master Plan – Phase I<br />
Development – Drawing No: A-0081.<br />
In general the site is flat and covered with vegetation. The only structure at the site is<br />
the newly built administration building although it remains unoccupied to date. Most <strong>of</strong><br />
the adjoining lands are being used for cultivation and a small population resides on<br />
the boundary <strong>of</strong> the Atchchuvali Industrial Estate.<br />
2. Access and Access Restrictions.<br />
The Atchchuvali Industrial Estate is located at Atchchuvali in Jaffna District as shown<br />
in the site location map and is in a central place where it has a good linkage with<br />
existing transport network. There are two accesses to the site. One branches <strong>of</strong>f at<br />
the ninth mile <strong>of</strong> Chankanai Atchchuvali Road. The other branches <strong>of</strong>f at the first mile<br />
<strong>of</strong> the Atchchuvali Navakiri road.<br />
3. Contractor's Site facilities<br />
Contractor can select any space available for the establishment <strong>of</strong> Contractor's site<br />
facilities without disturbing the locations proposed for the new infrastructure facilities.<br />
Approval for such locations and plans for the site facilities shall be obtained from the<br />
Employer’s Representative prior to the establishment <strong>of</strong> such facilities.
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4. Site Arrangements for the Employer to be provided by the Contractor<br />
Temporary site <strong>of</strong>fice has to be established <strong>of</strong> adequate size with required facilities for<br />
the Employer's Representative in accordance with the plans prepared by the<br />
Contractor and approved by the Employer's representative.
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SCHEDULE 3<br />
Schedule <strong>of</strong> Specification<br />
1. GENERAL SPECIFICATIONS<br />
Specifications for Building work – Sri Lanka (vol. I ) – 2007 ICTAD Publication No.<br />
SCA/4 (Vol. I).<br />
2. SPECIFICATIONS FOR WASTE WATER DRAINAGE SYSTEM - annexed
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This schedule lists the Drawings.<br />
SCHEDULE 4<br />
Schedule <strong>of</strong> Drawings<br />
The complete list <strong>of</strong> the Drawings is set out in the drawing register attached to this<br />
schedule as Schedule 4 - Appendix A and are referenced by drawing number, title,<br />
date and revision number, <strong>of</strong> which the latest <strong>of</strong> each prevails.<br />
The Drawings are annexed to the ITB.
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Schedule 4 -Appendix A
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SCHEDULE 5<br />
Schedule <strong>of</strong> Sections<br />
Not applicable
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SCHEDULE 6<br />
Schedule <strong>of</strong> Forms <strong>of</strong> Security<br />
(A)<br />
(B)<br />
(C)<br />
(D)<br />
Form <strong>of</strong> Bank Guarantee for Performance<br />
Form <strong>of</strong> Bank Guarantee for Advance Payment<br />
Form <strong>of</strong> Parent Company Guarantee<br />
Form <strong>of</strong> Legal Opinion
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BANK GUARANTEE FOR PERFORMANCE<br />
[On the letterhead <strong>of</strong> the Bank]<br />
Date: [insert]<br />
To:<br />
<strong>High</strong> <strong>Commission</strong> <strong>of</strong> <strong>India</strong> in Sri Lanka<br />
[Address to be inserted ]<br />
Dear [insert]<br />
[insert the description <strong>of</strong> particular package(s)] -Provision <strong>of</strong> Infrastructure<br />
Facilities for Atchchuvali Industrial Estate Development Project – Phase I in<br />
Jaffna District - Construction Contract - Bank Guarantee for Performance<br />
You entered into a contract dated [insert date] with [insert] ("Contractor") titled<br />
[insert contract title] Construction Contract for the [insert the description <strong>of</strong><br />
particular package(s)] -Provision <strong>of</strong> Infrastructure Facilities for Atchchuvali Industrial<br />
Estate Development Project – Phase I in Jaffna District, Sri Lanka for certain works<br />
and services ("Works") to be undertaken by the Contractor ("Contract").<br />
We, [insert Bank], irrevocably and unconditionally undertake with you that whenever<br />
you give written notice to us stating that in your sole and absolute judgment the<br />
Contractor has failed to observe or perform any <strong>of</strong> the terms, conditions or provisions<br />
<strong>of</strong> the Contract on its part to be observed or performed, we will, notwithstanding any<br />
objection which may be made by the Contractor and without any right <strong>of</strong> set-<strong>of</strong>f or<br />
counterclaim, immediately pay to you or as you may direct such an amount as you<br />
may in such notice require not exceeding the sum equivalent to 10% <strong>of</strong> the Accepted<br />
Contract Amount ("Guaranteed Sum").<br />
This Bank Guarantee for Performance ("Guarantee") is valid and will continue to be<br />
valid from the date <strong>of</strong> this letter for the Guaranteed Sum and will reduce to 5% <strong>of</strong> the<br />
Contract Price upon the issue <strong>of</strong> the Taking Over Certificate. This Guarantee will<br />
automatically become null and void on the issue <strong>of</strong> the Final Completion Certificate or,<br />
if a dispute arises under the Contract, after the final determination <strong>of</strong> that dispute,<br />
whichever occurs later.<br />
Any payment by us in accordance with this Guarantee must be in immediately<br />
available and freely transferable in Sri Lankan Rupees free and clear <strong>of</strong> and without<br />
any deduction for or on account <strong>of</strong> any present or future taxes, levies, imposts, duties,<br />
charges, fees, set <strong>of</strong>f, counterclaims, deductions or withholdings <strong>of</strong> any nature<br />
whatsoever and by whomever imposed.<br />
Our obligations under this Guarantee constitute direct primary, irrevocable and<br />
unconditional obligations, do not require any previous notice to or claim against the<br />
Contractor and will not be discharged or otherwise prejudiced or adversely affected by<br />
any:<br />
<br />
time, lenience or tolerance which you may grant to the Contractor;
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<br />
<br />
<br />
<br />
amendment, modification or extension which may be made to the Contract or the<br />
Works executed under the Contract;<br />
intermediate payment or other fulfilment made by us;<br />
change in the constitution or organisation <strong>of</strong> the Contractor; or<br />
other matter or thing which in the absence <strong>of</strong> this provision would or might have<br />
that effect, except a discharge or amendment expressly made or agreed to by you<br />
in writing.<br />
This Guarantee may not be assigned by you to any person, firm or company other<br />
than an Affiliate, without our prior written consent, which must not be unreasonably<br />
withheld. You must notify us in writing <strong>of</strong> any assignment, after which we must make<br />
any payment claimed under this Guarantee to the person, firm or company specified<br />
in the notice which will constitute a full and valid release by us in relation to that<br />
payment.<br />
Any notice required by this Guarantee is deemed to be given when delivered (in the<br />
case <strong>of</strong> personal delivery) or forty-eight (48) hours after being despatched by prepaid<br />
registered post or recorded delivery (in the case <strong>of</strong> letter) or as otherwise advised by<br />
and between the parties.<br />
We agree that part <strong>of</strong> the Contract may be amended, renewed, extended, modified,<br />
compromised, released or discharged by mutual agreement between you and the<br />
Contractor, and this security may be exchanged or surrendered without in any way<br />
impairing or affecting our abilities under this Guarantee without notice to us and<br />
without the necessity <strong>of</strong> any additional endorsement, consent or guarantee by us,<br />
provided, however, that the Guaranteed Sum does not increase or decrease.<br />
No action, event or condition which by any applicable law may operate to free us from<br />
liability under this Guarantee will have any effect. We waive any right we may have to<br />
apply such law so that in all respects our liability under this Guarantee will be<br />
irrevocable and, except as stated in this Guarantee, unconditional in all respects.<br />
Capitalised words and phrases used within this Guarantee have the same meanings<br />
as are given to them in the Contract.<br />
This Guarantee is governed by the Uniform Rules for Demand Guarantees, ICC<br />
Publication No. 758, provided that the supporting statement under Article 15 (a), and<br />
Articles 34 and 35 are excluded. Any disputes arising out or in connection with this<br />
Guarantee, or the breach, termination, or invalidity there<strong>of</strong> will be referred to and<br />
finally resolved by arbitration in accordance with the UNCITRAL Arbitration Rules<br />
then in effect, the language <strong>of</strong> the proceedings being English.<br />
Nothing in or relating to this Guarantee shall be deemed a waiver, express or implied,<br />
<strong>of</strong> any <strong>of</strong> the privileges and immunities <strong>of</strong> the United Nations, including its subsidiary<br />
organs, <strong>of</strong> which Employer is an integral part, which are hereby expressly reserved.
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IN WITNESS <strong>of</strong> which the [insert Bank] has duly executed this Guarantee on the<br />
date stated above.<br />
SIGNED by [insert]<br />
as attorney for [insert]<br />
under power <strong>of</strong> attorney dated<br />
[insert]<br />
in the presence <strong>of</strong><br />
………………………………….<br />
Signature <strong>of</strong> witness<br />
………………………………….<br />
Name <strong>of</strong> witness (block letters)<br />
………………………………….<br />
Address <strong>of</strong> witness<br />
………………………………….<br />
Occupation <strong>of</strong> witness<br />
)<br />
)<br />
)<br />
)<br />
)<br />
)<br />
)<br />
)<br />
)<br />
)<br />
)<br />
)<br />
)<br />
)<br />
)<br />
)<br />
……………………………………………...<br />
By executing this agreement the<br />
attorney states that the attorney has<br />
received no notice <strong>of</strong> revocation <strong>of</strong> the<br />
power <strong>of</strong> attorney<br />
Address for notices<br />
[insert address]
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BANK GUARANTEE FOR ADVANCE PAYMENT<br />
[On the letterhead <strong>of</strong> the Bank]<br />
Date: [insert]<br />
To:<br />
<strong>High</strong> <strong>Commission</strong> <strong>of</strong> <strong>India</strong> in Sri Lanka (HCI)<br />
[Address to be inserted ]<br />
Dear [insert]<br />
[insert the description <strong>of</strong> particular package(s)] Provision <strong>of</strong> Infrastructure<br />
Facilities for Atchchuvali Industrial Estate Development Project – Phase I in<br />
Jaffna District - Construction Contract – Bank Guarantee for Advance Payment<br />
You entered into a contract dated [insert date] with [insert] ("Contractor") titled<br />
[insert contract title] Construction Contract for the [insert the description <strong>of</strong><br />
particular package(s)] Provision <strong>of</strong> Infrastructure Facilities for Atchchuvali Industrial<br />
Estate Development Project – Phase I in Jaffna District, Sri Lanka for certain works<br />
and services ("Works") to be undertaken by the Contractor ("Contract").<br />
In consideration <strong>of</strong> your paying the sum <strong>of</strong> [insert amount] as an advance payment to<br />
the Contractor under the Contract ("Advance Payment") we, [insert Bank],<br />
irrevocably and unconditionally undertake with you that whenever you give written<br />
notice to us stating that in your sole and absolute judgment the Contractor has failed<br />
to observe or perform any <strong>of</strong> the terms, conditions or provisions <strong>of</strong> the Contract on its<br />
part to be observed or performed, we will, notwithstanding any objection which may<br />
be made by the Contractor and without any right <strong>of</strong> set-<strong>of</strong>f or counterclaim,<br />
immediately pay to you or as you may direct such an amount as you may in such<br />
notice require not exceeding [insert amount] ("Guaranteed Sum").<br />
This Bank Guarantee for Advanced Payment ("Guarantee") is valid and will continue<br />
to be valid from the date <strong>of</strong> this letter for the Guaranteed Sum. For each <strong>of</strong> the interim<br />
payments after the advance payment is made, that are made by you to the<br />
Contractor, the proportion <strong>of</strong> the Guaranteed Sum that is payable to you will be<br />
reduced by [insert % stated in Schedule <strong>of</strong> Payments], thereby reflecting the<br />
amortization rate set out in the Schedule <strong>of</strong> Payments in the Contract.<br />
This Guarantee will automatically become null and void upon us receiving from you<br />
certification that the Guaranteed Sum has been fully repaid by the Contractor.<br />
Any payment by us to you in accordance with this Guarantee must be in immediately<br />
available and freely transferable Sri Lankan Rupees free and clear <strong>of</strong> and without any<br />
deduction for or on account <strong>of</strong> any present or future taxes, levies, imposts, duties,<br />
charges, fees, set <strong>of</strong>f, counterclaims, deductions or withholdings <strong>of</strong> any nature<br />
whatsoever and by whomever imposed.<br />
Our obligations under this Guarantee constitute direct primary, irrevocable and<br />
unconditional obligations. Additionally, our obligations do not require any previous<br />
notice to be given to the Contractor and do not require that any claim be made
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against the Contractor. Further, our obligations will not be discharged and will not be<br />
otherwise prejudiced or adversely affected by any:<br />
<br />
<br />
<br />
<br />
<br />
time, lenience or tolerance which you may grant to the Contractor;<br />
amendment, modification or extension which may be made to the Contract or the<br />
Works performed under the Contract;<br />
intermediate payment or other fulfilment made by us;<br />
change in the constitution or organisation <strong>of</strong> the Contractor; or<br />
other matter or thing which in the absence <strong>of</strong> this provision would or might have<br />
that effect, except a discharge or amendment expressly made or agreed to by you<br />
in writing.<br />
This Guarantee may not be assigned by you to any person, firm or company other<br />
than an Affiliate, without our prior written consent, which must not be unreasonably<br />
withheld. You must notify us in writing <strong>of</strong> any assignment, after which we must make<br />
any payment claimed under this Guarantee to the person, firm or company specified<br />
in the notice which will constitute a full and valid release by us in relation to that<br />
payment.<br />
Any notice required by this Guarantee is deemed to be given when delivered (in the<br />
case <strong>of</strong> personal delivery) or forty-eight (48) hours after being despatched by prepaid<br />
registered post or recorded delivery (in the case <strong>of</strong> letter) or as otherwise advised by<br />
and between the parties.<br />
We agree that part <strong>of</strong> the Contract may be amended, renewed, extended, modified,<br />
compromised, released or discharged by mutual agreement between you and the<br />
Contractor, and this security may be exchanged or surrendered without in any way<br />
impairing or affecting our abilities under this Guarantee without notice to us and<br />
without the necessity <strong>of</strong> any additional endorsement, consent or guarantee by us,<br />
provided, however, that the Guaranteed Sum does not increase.<br />
No action, event or condition which by any applicable law may operate to free us from<br />
liability under this Guarantee will have any effect. We waive any right we may have to<br />
apply such law so that in all respects our liability under this Guarantee will be<br />
irrevocable and, except as stated in this Guarantee, unconditional in all respects.<br />
Capitalised words and phrases used within this Guarantee have the same meanings<br />
as are given to them in the Contract.<br />
This Guarantee is governed by the Uniform Rules for Demand Guarantees, ICC<br />
Publication No. 758, provided that the supporting statement under Article 15 (a), and<br />
Articles 34 and 35 are excluded. Any disputes arising out or in connection with this<br />
Guarantee, or the breach, termination, or invalidity there<strong>of</strong> will be referred to and<br />
finally resolved by arbitration in accordance with the UNCITRAL Arbitration Rules<br />
then in effect, the language <strong>of</strong> the proceedings being English.
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Nothing in or relating to this Guarantee shall be deemed a waiver, express or implied,<br />
<strong>of</strong> any <strong>of</strong> the privileges and immunities <strong>of</strong> the United Nations, including its subsidiary<br />
organs, <strong>of</strong> which HCI is an integral part, which are hereby expressly reserved.<br />
IN WITNESS <strong>of</strong> which the [insert Bank] has duly executed this Guarantee on the<br />
date stated above.<br />
SIGNED by [insert]<br />
as attorney for [insert]<br />
under power <strong>of</strong> attorney dated<br />
[insert]<br />
in the presence <strong>of</strong><br />
………………………………….<br />
Signature <strong>of</strong> witness<br />
………………………………….<br />
Name <strong>of</strong> witness (block letters)<br />
………………………………….<br />
Address <strong>of</strong> witness<br />
………………………………….<br />
Occupation <strong>of</strong> witness<br />
)<br />
)<br />
)<br />
)<br />
)<br />
)<br />
)<br />
)<br />
)<br />
)<br />
)<br />
)<br />
)<br />
)<br />
)<br />
)<br />
By executing this agreement the<br />
attorney states that the attorney has<br />
received no notice <strong>of</strong> revocation <strong>of</strong> the<br />
power <strong>of</strong> attorney<br />
Address for notices<br />
[insert address]
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FORM OF PARENT COMPANY GUARANTEE<br />
[On the letterhead <strong>of</strong> the Parent Company]<br />
Date: [insert]<br />
To:<br />
<strong>High</strong> <strong>Commission</strong> <strong>of</strong> <strong>India</strong> in Sri Lanka<br />
[Address to be inserted ]<br />
Dear [Insert]<br />
[insert the description <strong>of</strong> particular package(s)] Provision <strong>of</strong> Infrastructure<br />
Facilities for Atchchuvali Industrial Estate Development Project – Phase I in<br />
Jaffna District - Construction Contract - Parent Company Guarantee<br />
You entered into a contract dated [insert date] with [insert] (“Contractor”) titled<br />
[insert contract title] Construction Contract for the [insert the description <strong>of</strong><br />
particular package(s)] Provision <strong>of</strong> Infrastructure Facilities for Atchchuvali Industrial<br />
Estate Development Project – Phase I in Jaffna District, Sri Lanka for certain works<br />
and services (“Works”) to be undertaken by the Contractor (“Contract”).<br />
The Contractor has agreed to procure the provision <strong>of</strong> a parent company guarantee<br />
(“Guarantee”) from [insert] (“Guarantor”).<br />
The Guarantor guarantees to the Employer that the Contractor will perform, carry out,<br />
execute and discharge the duties, responsibilities and obligations (including<br />
contingent obligations and obligations to pay money) <strong>of</strong> the Contractor in connection<br />
with the Contract.<br />
In the event that the Contractor fails to perform, carry out, execute and discharge any<br />
<strong>of</strong> the duties, responsibilities, obligations (including any contingent obligations and<br />
any obligations to pay money) and liabilities <strong>of</strong> the Contractor in connection with the<br />
Contract (“Default/s”), the Guarantor must, on demand from the Employer:<br />
(a) perform, carry out and discharge in accordance with the Contract, the duties,<br />
responsibilities and obligations (including contingent obligations and<br />
obligations to pay money) the subject <strong>of</strong> the Default/s; and<br />
(b) indemnify the Employer with respect to all damages, losses, costs, charges<br />
and expenses suffered by the Employer with respect to the Default/s to the<br />
extent to which the Contactor is liable to the Employer and the Employer has a<br />
right <strong>of</strong> recovery against the Contractor pursuant to the Contract.<br />
Notwithstanding any provision in this Guarantee to the contrary, the Guarantor will<br />
have the full benefit <strong>of</strong> all defences, set-<strong>of</strong>fs, counterclaims, reduction, diminution or<br />
limitations <strong>of</strong> liability available to the Contractor pursuant to or arising from the<br />
Contract.<br />
If a law requires the Guarantor to deduct:<br />
(a)<br />
(b)<br />
an amount in respect <strong>of</strong> any taxes, levies, imposts, charges and duties<br />
imposed by any authority (including stamp and transaction duties) (“Taxes”);<br />
or<br />
any interest, penalties, fines and expenses in connection with the Taxes
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from a payment due under this Guarantee with the result that the Employer would not<br />
actually receive on the due date the full amount provided for under the Contract, the<br />
Guarantor must pay an additional amount so that the Employer receives from the<br />
Guarantor the full amount the Employer would have received on the due date if no<br />
deductions had been required.<br />
The provisions <strong>of</strong> this Guarantee will remain in full force and effect, even if:<br />
(a) the Contract is varied, modified, changed or prematurely terminated; or<br />
(b) the Contractor and/or the Employer is or may be in breach <strong>of</strong> the Contract.<br />
This Guarantee will expire on the earlier <strong>of</strong> 10 years after the date <strong>of</strong> the Taking-Over<br />
Certificate issued pursuant to the Contract or when all obligations and liabilities <strong>of</strong> the<br />
Contractor under the Contract have been carried out, completed and discharged in<br />
accordance with the Contract.<br />
This Guarantee neither forms part <strong>of</strong> the Contract nor affects the provisions <strong>of</strong> the<br />
Contract.<br />
The Guarantor acknowledges that the Employer is acting in reliance on the Guarantor<br />
incurring obligations and giving rights under this Guarantee.<br />
Any disputes arising out or in connection with this Guarantee, or the breach,<br />
termination, or invalidity there<strong>of</strong> will be referred to and finally resolved by<br />
arbitration in accordance with the UNCITRAL Arbitration Rules then in effect, the<br />
language <strong>of</strong> the proceedings being English.<br />
Nothing in or relating to this Guarantee shall be deemed a waiver, express or implied,<br />
<strong>of</strong> any <strong>of</strong> the privileges and immunities <strong>of</strong> the United Nations, including its subsidiary<br />
organs, <strong>of</strong> which Employer is an integral part, which are hereby expressly reserved.<br />
Each person executing this Guarantee states that he or she has authority to represent<br />
and bind the Guarantor.<br />
IN WITNESS <strong>of</strong> which the [insert Parent Company] has duly executed this<br />
Guarantee on the date stated above.
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SIGNED by [insert]<br />
as attorney for [insert]<br />
under power <strong>of</strong> attorney dated<br />
[insert]<br />
in the presence <strong>of</strong><br />
………………………………..<br />
Signature <strong>of</strong> witness<br />
………………………………..<br />
Name <strong>of</strong> witness (block letters)<br />
……………………………….<br />
Address <strong>of</strong> witness<br />
……………………………….<br />
Occupation <strong>of</strong> witness<br />
)<br />
)<br />
)<br />
)<br />
)<br />
)<br />
)<br />
)<br />
)<br />
)<br />
)<br />
)<br />
)<br />
)<br />
)<br />
)<br />
By executing this agreement the<br />
attorney states that the attorney has<br />
received no notice <strong>of</strong> revocation <strong>of</strong> the<br />
power <strong>of</strong> attorney<br />
Address for notices<br />
[insert address]
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Form <strong>of</strong> legal opinion<br />
Company<br />
[insert name <strong>of</strong> company]<br />
<strong>Document</strong>s<br />
[insert name <strong>of</strong> documents]<br />
Form <strong>of</strong> opinion text<br />
On the basis <strong>of</strong> the assumptions and subject to the qualifications set out in this<br />
opinion, we are <strong>of</strong> the opinion that:<br />
(a)<br />
(b)<br />
the Company is incorporated and validly existing under the laws <strong>of</strong> Sri Lanka<br />
and is capable <strong>of</strong> suing and being sued in its corporate name;<br />
the company has:<br />
(i)<br />
(ii)<br />
the corporate power to enter into each <strong>Document</strong> and to observe its<br />
obligations under them; and<br />
taken all corporate action required on its part to authorise the<br />
execution, delivery and observance <strong>of</strong> each document;<br />
(c)<br />
(d)<br />
the obligations <strong>of</strong> the Company under each document are valid, binding and<br />
enforceable in accordance with its terms;<br />
the execution and delivery by or on behalf <strong>of</strong> the Company <strong>of</strong> each document<br />
and the observance by the company <strong>of</strong> its obligations under them has not<br />
violated and will not contravene:<br />
(i)<br />
(ii)<br />
(iii)<br />
any law in force in Sri Lanka applicable to companies or transactions<br />
generally; or<br />
any stock exchange rules and regulations <strong>of</strong> Sri Lanka; or<br />
its constitution;<br />
(e)<br />
(f)<br />
(g)<br />
(h)<br />
each authorisation necessary under the laws in force in Sri Lanka applicable<br />
to companies generally for the company to enter into each <strong>Document</strong> and<br />
observe obligations under them has been obtained;<br />
the <strong>Document</strong>s are in proper form for enforcement in the appropriate courts <strong>of</strong><br />
Sri Lanka;<br />
claims against the Company under each document will rank at least equally<br />
with the claims <strong>of</strong> all its unsecured and unsubordinated creditors (other than<br />
creditors mandatorily preferred by law);<br />
the Company does not enjoy any immunity from suit in Sri Lanka nor are its<br />
assets exempt from execution;
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SCHEDULE 7<br />
Schedule <strong>of</strong> Contract Price<br />
(i)<br />
Contract Price<br />
The Contract Price shall be agreed or determined under Sub-Clause 12.3 [Evaluation]<br />
and shall be subject to adjustments only in accordance with the Contract.<br />
1. Accepted Contract Amount<br />
The Accepted Contract Amount is [insert amount in figures and words].<br />
2. Bill <strong>of</strong> Quantities<br />
A detailed breakdown <strong>of</strong> the Contract Price is set out in the "Bill <strong>of</strong> Quantities" in<br />
Schedule 7 - Appendix A.<br />
The rates and prices inserted in the Bill <strong>of</strong> Quantities, shall be deemed to<br />
include amounts to cover the contingency <strong>of</strong> rises and falls in the cost <strong>of</strong><br />
labour, Goods and other inputs to the Works<br />
The quantities, rates and prices in the Bill <strong>of</strong> Quantities may also be used when<br />
determining the value <strong>of</strong> Variations, only to the extent that the description and scope<br />
<strong>of</strong> such rates and prices are directly comparable to the scope <strong>of</strong> the Variation, and<br />
there are no existing comparable rates or prices in the Schedule <strong>of</strong> Rates for<br />
Variations.<br />
Where a price or rate for an item listed in the Bill <strong>of</strong> Quantities is not priced, such price<br />
or rate is deemed be included in other rates or prices contained in the Bill <strong>of</strong><br />
Quantities.<br />
3. Provisional Sum Items<br />
The Provisional Sum items are set out in the Bill <strong>of</strong> Quantities in Schedule 7 -<br />
Appendix A.<br />
Each Provisional Sum shall only be used, in whole or in part, and the Contractor will<br />
only be entitled to payment for a Provisional Sum, in accordance with Sub-Clause<br />
13.5 [Provisional Sums] and the Contract Price shall be adjusted accordingly.<br />
4. Schedule <strong>of</strong> Rates for Variations<br />
The rates for the purposes <strong>of</strong> valuing Variations are set out in the Schedule <strong>of</strong> Rates<br />
for Variations in Schedule 7 - Appendix B.<br />
The rates set out in the Schedule <strong>of</strong> Rates are fixed for the duration <strong>of</strong> the Contract<br />
and are not subject to escalation or adjustment for rises or falls in the cost <strong>of</strong> labour,<br />
goods, material and other inputs to the Works. The rates set out in the Schedule <strong>of</strong><br />
Rates also include provision for Contractor’s overheads and pr<strong>of</strong>it.
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Where the scope <strong>of</strong> any Variation is not directly comparable to the rates and<br />
descriptions included in the Schedule <strong>of</strong> Rates, the value <strong>of</strong> a Variation may be<br />
determined by:<br />
using rates provided in the Bill <strong>of</strong> Quantities which, in the opinion <strong>of</strong> the<br />
Employer’s Representative, are directly comparable to the descriptions <strong>of</strong> the<br />
Variation works ; or<br />
if, in the opinion <strong>of</strong> the Employer’s Representative, no directly comparable<br />
rates exist in the Schedule <strong>of</strong> Rates or the Bill <strong>of</strong> Quantities, the Employer's<br />
Representative shall determine a fair and reasonable valuation.<br />
5. Schedule <strong>of</strong> Daywork Rates<br />
The Dayworks Rates are set out in the Schedule <strong>of</strong> Dayworks Rates in Schedule 7 -<br />
Appendix C.<br />
The Dayworks Rates are fixed for the duration <strong>of</strong> the Contract and are not subject to<br />
escalation or adjustment for rises or falls in the cost <strong>of</strong> labour, Goods, material and<br />
other inputs to the Works. The Dayworks Rates also include provision for Contractor’s<br />
overheads and pr<strong>of</strong>it.<br />
6. Adjustments for Changes in Cost<br />
The Contract Price will not be adjusted for rises or falls in the cost <strong>of</strong> labour,<br />
Goods and other inputs to the Works
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Schedule 7 - Appendix A<br />
BILL OF QUANTITIES<br />
The Bill <strong>of</strong> Quantities is annexed to the Contract in Annexure A
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Schedule 7 - Appendix B<br />
SCHEDULE OF VARIATION RATES
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Schedule 7 - Appendix C<br />
SCHEDULE OF DAYWORK RATES
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SCHEDULE 8<br />
Schedule <strong>of</strong> Payments<br />
1. Advance Payment<br />
Upon receipt <strong>of</strong> the Statement, Bank Guarantee for performance and Bank Guarantee<br />
for advance payment referred to in Sub-Clause 14.2 [Advance Payment] the<br />
Employer will pay the Contractor 10 % <strong>of</strong> the Accepted Contract Amount as a loan for<br />
mobilisation.<br />
The Employer will deduct 10%. from each subsequent application for interim payment<br />
until the advance payment amount is repaid in accordance with Sub-Clause 14.2<br />
[Advance Payment].<br />
2. Applications for Interim Payments<br />
Monthly Interim Payments<br />
On the 20 th day <strong>of</strong> each month (or as otherwise agreed by us) the Contractor must<br />
submit an Application for Interim Payment in accordance with Sub-Clause 14.3.<br />
3. Plant and Materials listed for payment when delivered to the Site<br />
75% value <strong>of</strong> the original invoices <strong>of</strong> the plant and materials brought to the site for the<br />
incorporation <strong>of</strong> the permanent works subject to the verification by the Employer’s<br />
Representative.<br />
4. Plant and Materials listed for payment when shipped to the Country<br />
Not Applicable.
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SCHEDULE 9<br />
Schedule <strong>of</strong> Programme<br />
(A)<br />
(B)<br />
(C)<br />
Approved Preliminary Programme<br />
Milestone Dates<br />
Contract Programme Requirements
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(A).<br />
Approved Preliminary Programme<br />
The Approved Preliminary Programme is attached to this Schedule and set out<br />
immediately after this page.
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[insert the Approved Preliminary Programme ]
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(B).<br />
Milestone Dates<br />
The Contractor must complete the description <strong>of</strong> Milestones by the corresponding<br />
Milestone Dates:<br />
No. Milestone Milestone Date<br />
1 [insert a detailed description <strong>of</strong> the<br />
Milestone.]<br />
[insert date]<br />
2<br />
3<br />
4<br />
5<br />
[insert a detailed description <strong>of</strong> the<br />
Milestone.]<br />
[insert a detailed description <strong>of</strong> the<br />
Milestone.]<br />
[insert a detailed description <strong>of</strong> the<br />
Milestone.]<br />
[insert a detailed description <strong>of</strong> the<br />
Milestone.]<br />
[insert date]<br />
[insert date]<br />
[insert date]<br />
[insert date]
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(C).<br />
Contract Programme Requirements<br />
Within 07 days after the Date <strong>of</strong> the Contract, the Contractor must submit to the<br />
Employer’s Representative a draft Contract Programme incorporating all timing<br />
requirements <strong>of</strong> the Contract, in accordance with Sub-Clause 8.3 <strong>of</strong> the General<br />
Conditions. Upon approval and certification by the Employer’s Representative, the<br />
draft Contract Programme, or resubmission there<strong>of</strong>, will become the Contract<br />
Programme.<br />
The draft Contract Programme must be in such form and detail as the Employer’s<br />
Representative requires and shall contain as a minimum:<br />
(a)<br />
(b)<br />
(c)<br />
the order in which the Contractor proposes to carry out the Works;<br />
the time limits within which submission <strong>of</strong> any Contractor’s <strong>Document</strong>s are<br />
required under the Contract; and<br />
all other requirements specified in this Schedule 9 Section (C) "Programme<br />
Requirements"<br />
The Contract Programme must be prepared in sufficient detail to ensure the adequate<br />
planning, execution and monitoring <strong>of</strong> the Works. The networked activities must be<br />
detailed enough to provide a meaningful measurement tool for progress <strong>of</strong> works. For<br />
this purpose, with the exception <strong>of</strong> approval cycles and the procurement <strong>of</strong> material,<br />
no activity can have duration <strong>of</strong> more than 28 days.<br />
The Contract Programme shall be resource loaded and include material, plant and<br />
labour. The labour resource assignment shall be further broken down to clearly<br />
identify types (trade and/or discipline) and number <strong>of</strong> resources allocated to an<br />
activity.<br />
The Contract Programme must include a detailed CPM logic linked network with<br />
activity durations and resource allocations. Negative lags and/or SF (start – finish)<br />
relationships are not to be used in developing the Contract Programme.<br />
The Contract Programme will be prepared in electronic format using a recognised<br />
computer programme or as otherwise directed by the Employer’s Representative.<br />
The Contract Programme will be coded as such to identify the work packages within<br />
the scope <strong>of</strong> work and each ID will be in a format approved by the Employer’s<br />
Representative. Additionally, the Contract Programme will also identify the life-cycle<br />
phases <strong>of</strong> the work to be carried out i.e. Design, Procurement, Construction,<br />
<strong>Commission</strong>ing & Handover.<br />
The Contract Programme must be accompanied by and/or detail:<br />
(a)<br />
(b)<br />
a programme narrative that describes the inclusions and assumptions made in<br />
preparing the Contract Programme;<br />
a general description <strong>of</strong> the arrangements and methods which the Contractor<br />
proposes to adopt for carrying out the Works;
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(c)<br />
(d)<br />
(e)<br />
(f)<br />
(g)<br />
(h)<br />
the critical path for the Works and a complete critical path analysis for the<br />
execution <strong>of</strong> the Works which must show clearly the links between activities and<br />
the float times available within the Contract Programme and the earliest<br />
start/earliest finish and latest start/latest finish times for each and every activity;<br />
Details, and durations on Site, <strong>of</strong> the resources proposed to achieve the<br />
Contract Programme;<br />
A manpower (resource) histogram detailing cumulative and monthly volumes by<br />
trade for the duration <strong>of</strong> the Works;<br />
A detailed cash flow estimate, in quarterly periods, <strong>of</strong> all payments to which the<br />
Contractor may be entitled under the Contract;<br />
An overall planned performance monetary s-curve based upon the approved<br />
Contract Programme; and<br />
A schedule <strong>of</strong> all submittals and material procurement activities, including time<br />
for submittals, re-submittals and reviews and time for any fabrication and<br />
delivery <strong>of</strong> manufactured products and samples. The interdependence <strong>of</strong> design<br />
procurement and construction activities must be included in this schedule.<br />
SUBMISSIONS<br />
All programme submissions by the Contractor are to include:<br />
<br />
<br />
3 coloured hard copies, plus<br />
1 full copy in native electronic format on CD.<br />
CALENDARS<br />
All programmes shall be developed using appropriate calendars that reflect the<br />
intended method <strong>of</strong> working, public holidays, etc. The standard calendar to be used<br />
is:<br />
<br />
Ten (10) hour day, Six (6) day work week, Sunday non-working day and<br />
include public holidays. The start day for the calendar is Sunday. This<br />
calendar will be applied to a majority <strong>of</strong> construction activities.<br />
All other non- standard calendars that need to be used to reflect the intended method<br />
<strong>of</strong> work are to be identified and highlighted in any programme submission and will be<br />
subject to the Employer’s Representative’s approval.
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SCHEDULE 10<br />
Schedule <strong>of</strong> Key Personnel<br />
The Contractor’s Key Personnel for the Project are:<br />
No. Position Description Name<br />
1 Project Manager [insert name]<br />
2 Technical Officer [insert name]<br />
3 Technical Officer [insert name]<br />
If there is a position stated in this Schedule but no person is named in that particular<br />
role, then the Contractor shall obtain the Employer’s Representative’s approval before<br />
appointing a person to fill that role.
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SCHEDULE 11<br />
Schedule <strong>of</strong> Forms <strong>of</strong> Collateral Warranty
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Form <strong>of</strong> Collateral Warranty – Subcontractor<br />
Details<br />
Parties<br />
Warrantor, Beneficiary<br />
Warrantor Name [insert]<br />
Address<br />
Telephone<br />
Fax<br />
[insert]<br />
[insert]<br />
[insert]<br />
Beneficiary Name [insert]<br />
Address<br />
Telephone<br />
Fax<br />
[insert]<br />
[insert]<br />
[insert]<br />
Recitals<br />
The Contractor entered into the Construction Contract with<br />
the Employer for the Works forming part <strong>of</strong> the Project.<br />
The Warrantor contracted with the Contractor for a portion <strong>of</strong><br />
the Works under the Subcontract.<br />
The Contractor agreed under the Construction Contract to<br />
procure that the Warrantor execute this warranty in favour <strong>of</strong><br />
the Beneficiary.<br />
The Warrantor agreed under the Subcontract to execute this<br />
warranty in favour <strong>of</strong> the Beneficiary.<br />
Date <strong>of</strong><br />
Warranty<br />
[insert]
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General terms<br />
1. Warranty<br />
The Warrantor warrants to the Beneficiary that all work performed and<br />
all materials or parts supplied by the Warrantor in the course <strong>of</strong> the<br />
Subcontract Works will be:<br />
(a)<br />
(b)<br />
(c)<br />
at least <strong>of</strong> the quality and to the standard required by both the<br />
Construction Contract and the Subcontract; and<br />
to the extent that the level <strong>of</strong> quality or standard are not stipulated<br />
in the Construction Contract or the Subcontract, <strong>of</strong> good<br />
workmanship and merchantable quality; and<br />
fit for the purpose or purposes for which they are required.<br />
2. Manufacturer’s warranty<br />
This warranty is in addition to and does not derogate from any<br />
manufacturer's warranty or warranty implied by any law, attaching to<br />
any materials or goods provided under the Subcontract.<br />
3. Rectification<br />
The Warrantor agrees to at its own expense, replace and make good to<br />
the reasonable satisfaction <strong>of</strong> the Beneficiary so much <strong>of</strong> the<br />
Subcontract Works within 10 years from the Time for Completion <strong>of</strong> the<br />
Subcontract Works that:<br />
(a)<br />
(b)<br />
the Beneficiary reasonably considers are <strong>of</strong> a lower quality or<br />
standard than that referred to in clause 1; or<br />
show deterioration to an extent that the Beneficiary reasonably<br />
considers that the Subcontract Works, or the goods supplied by<br />
the Warrantor, ought to be made good or replaced in order to<br />
achieve fitness for the purpose or purposes for which the<br />
Subcontract Works were performed or supplied.<br />
4. Time for rectification<br />
Within a reasonable time after written notification to the Warrantor <strong>of</strong> a<br />
decision <strong>of</strong> the Beneficiary as to work required by clause 3, the<br />
Warrantor will replace and/or make good the Subcontract Works at its<br />
cost whether or not any dispute or difference exists between the parties.<br />
The Warrantor indemnifies the Beneficiary against any direct, indirect or<br />
consequential loss or damage <strong>of</strong> any nature whatsoever, directly or<br />
indirectly arising out <strong>of</strong> any breach <strong>of</strong> the warranties, covenants or other<br />
conditions given by the Warrantor.
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5. Rectification at Warrantor’s cost<br />
If within the time stated in a notice provided under clause 4 the<br />
Warrantor does not carry out the work stated in the notice, the<br />
Beneficiary may carry out that work, or cause it to be carried out. The<br />
Warrantor indemnifies the Beneficiary against all costs and expenses<br />
<strong>of</strong>, and incidental to, the carrying out <strong>of</strong> the work and also against any<br />
direct, indirect or consequential loss or damage sustained by it as a<br />
result <strong>of</strong> the Warrantor's failure to comply with the notice under clause<br />
4.<br />
6. Assignment<br />
The Beneficiary may assign all <strong>of</strong> its rights under this agreement by<br />
written notice to the Contractor and the Warrantor.<br />
7. Relevance <strong>of</strong> execution<br />
This warranty operates in favour <strong>of</strong> the Beneficiary even if it has not<br />
been executed by the Beneficiary.<br />
8. Arbitration<br />
Any disputes arising out or in connection with this Warranty, or the<br />
breach, termination, or invalidity there<strong>of</strong> shall be referred to and finally<br />
resolved by arbitration in accordance with the UNCITRAL Arbitration<br />
Rules then in effect. The language <strong>of</strong> the proceedings shall be English.<br />
The decisions <strong>of</strong> the arbitral tribunal will be based on general principles<br />
<strong>of</strong> international commercial law. The arbitral tribunal must not award<br />
punitive damages. In addition, the arbitral tribunal must not award<br />
interest in excess <strong>of</strong> the London Inter-Bank Offered Rate (“LIBOR”) then<br />
prevailing, and any such interest must be simple interest only.<br />
9. Privileges and Immunities<br />
Nothing in or relating to this Warranty shall be deemed a waiver,<br />
express or implied, <strong>of</strong> any <strong>of</strong> the privileges and immunities <strong>of</strong> the United<br />
Nations, including its subsidiary organs, <strong>of</strong> which Employer is an<br />
integral part, which are hereby expressly reserved.<br />
10. Definitions<br />
Beneficiary means the party stipulated in the Details.<br />
Contractor means [insert].<br />
Construction Contract means the contract between the Employer and<br />
the Contractor dated [insert] for the construction <strong>of</strong> the Works.<br />
Employer means <strong>High</strong> <strong>Commission</strong> <strong>of</strong> <strong>India</strong> (HCI) in Sri Lanka [insert<br />
PO Box], and the legal successors in title and assigns and novates to
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this entity.<br />
Project means the development, design, engineering, procurement,<br />
construction, commissioning, testing, completion and financing <strong>of</strong> the<br />
[insert Project title] Project.<br />
Subcontract means the contract between the Contractor and the<br />
Warrantor dated [insert] for part <strong>of</strong> the Works.<br />
Subcontract Works means the works undertaken by the Warrantor<br />
under the Subcontract.<br />
Warrantor means the party stipulated in the Details.<br />
Works means the works and services undertaken by the Contractor<br />
under the Construction Contract and forming part <strong>of</strong> the Project.
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EXECUTED as an agreement.<br />
[Amend this signing page as required to suit authorised representatives <strong>of</strong> the<br />
parties]<br />
EXECUTED by [WARRANTOR]<br />
by its duly authorised<br />
representative:<br />
)<br />
)<br />
)<br />
Name:<br />
Title:<br />
Name <strong>of</strong> Witness:<br />
Title:<br />
EXECUTED by [BENEFICIARY]<br />
by its duly authorised<br />
representative:<br />
)<br />
)<br />
)<br />
Name:<br />
Title:<br />
Name <strong>of</strong> Witness:<br />
Title:
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SCHEDULE 12<br />
Schedule <strong>of</strong> Form <strong>of</strong> Subcontractor Side Agreement
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Form <strong>of</strong> Subcontractor Side Agreement<br />
Details<br />
Interpretation – definitions are at the end <strong>of</strong> the General terms<br />
Parties<br />
Employer, Contractor and Subcontractor<br />
Employer Name HCI, [insert PO Box], and the legal<br />
successors in title and assigns and novates<br />
to this entity.<br />
Contractor<br />
Subcontract<br />
or<br />
Subcontract<br />
Works<br />
Telephone<br />
Fax<br />
Attention<br />
Name<br />
Address<br />
Telephone<br />
Fax<br />
Attention<br />
Name<br />
Address<br />
Telephone<br />
Fax<br />
Attention<br />
[insert details]<br />
[insert]<br />
[insert]<br />
[insert]<br />
[insert]<br />
[insert]<br />
[insert]<br />
[insert]<br />
[insert]<br />
[insert]<br />
[insert]<br />
[insert]<br />
[insert]<br />
[insert]
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Recitals<br />
The Employer has entered into the Construction Contract with<br />
the Contractor.<br />
The Contractor has entered into the Subcontract with the<br />
Subcontractor.<br />
The Contractor agreed under the Construction Contract to<br />
procure that the Subcontractor execute this Agreement in<br />
favour <strong>of</strong> the Employer.<br />
The Subcontractor agreed under the Subcontract to execute<br />
this Agreement in favour <strong>of</strong> the Employer.<br />
The Employer, the Contractor and the Subcontractor wish to<br />
make certain arrangements relating to the termination <strong>of</strong> the<br />
Construction Contract and to confirm the obligations <strong>of</strong> the<br />
Subcontractor under the Subcontract.<br />
Date <strong>of</strong><br />
agreement<br />
See Signing page<br />
General terms<br />
1. Definitions and Interpretation<br />
1.1 Definitions<br />
In this Agreement the following words and expressions have the meanings set<br />
out below:<br />
Agreement means this subcontractor side agreement.<br />
Contractor means the party described in the Details and any replacement.<br />
Construction Contract means the contract between the Employer and the<br />
Contractor dated [insert] for certain works and services forming part <strong>of</strong> the<br />
Project.<br />
Employer means the person described in the Details.<br />
Project means the development, design, engineering, procurement,<br />
construction, commissioning, testing, completion and financing <strong>of</strong> the [insert<br />
Project title] Project.<br />
Subcontract means the contract between the Contractor and the<br />
Subcontractor.<br />
Subcontractor means the person described in the Details.
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Subcontract Works means the works described in the Details forming part <strong>of</strong><br />
the Works.<br />
Substituted Contract means the contract to be entered into by the<br />
Subcontractor and the Employer or the person nominated by the Employer<br />
pursuant to Clause 2.1(a) <strong>of</strong> this Agreement.<br />
Works means the works and services undertaken by the Contractor under the<br />
Construction Contract and forming part <strong>of</strong> the Project.<br />
1.2 Interpretation<br />
In this Agreement unless the contrary intention appears:<br />
(a)<br />
(b)<br />
(c)<br />
(d)<br />
(e)<br />
(f)<br />
(g)<br />
(h)<br />
(i)<br />
a reference to this Agreement or another instrument includes any<br />
variation or replacement <strong>of</strong> them;<br />
a reference to a statute, ordinance, code or other law includes<br />
regulations and other instruments under it and consolidations,<br />
amendments, re-enactments or replacements <strong>of</strong> any <strong>of</strong> them;<br />
the singular includes the plural and vice versa;<br />
the masculine includes the feminine and neuter; the feminine includes<br />
the masculine and neuter; the neuter includes the masculine and the<br />
feminine;<br />
the word "person" includes a firm, a body corporate, an unincorporated<br />
association, and an authority;<br />
a reference to a person includes a reference to the person’s executors,<br />
administrators, successors, substitutes (including, without limitation, a<br />
person taking by novation) and assigns;<br />
an agreement, representation or warranty on the party <strong>of</strong> or in favour <strong>of</strong><br />
two or more persons binds them, or is for the benefit <strong>of</strong> them jointly<br />
and severally;<br />
a reference to any thing (including, without limitation, any amount) is a<br />
reference to the whole or any part <strong>of</strong> it and a reference to a group <strong>of</strong><br />
persons is a reference to any one or more <strong>of</strong> them; and<br />
a reference to all parties, clauses, exhibits, annexures or schedules is,<br />
unless otherwise provided, to the parties, clauses, exhibits, annexures<br />
or schedules <strong>of</strong> or to this Agreement.<br />
2. Termination <strong>of</strong> the Construction Contract<br />
2.1 Notice <strong>of</strong> Termination
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If the Construction Contract is terminated then:<br />
(a)<br />
(b)<br />
whether or not the Subcontract has been terminated, within 14 days <strong>of</strong><br />
the date <strong>of</strong> termination <strong>of</strong> the Construction Contract, the Employer<br />
may, by written notice, direct the Subcontractor to enter into a contract<br />
with the Employer, or a person nominated by the Employer, to<br />
complete the Subcontract Works; or<br />
if the Subcontract has not been terminated the Employer may, within<br />
14 days <strong>of</strong> the date <strong>of</strong> termination <strong>of</strong> the Construction Contract, direct<br />
that the Subcontract be novated from the Contractor to the Employer<br />
or a person nominated by the Employer.<br />
2.2 Substituted Contract<br />
If the Employer delivers a notice pursuant to Clause 2.1(a), then:<br />
(a)<br />
(b)<br />
such contract is deemed to have been entered into by the Employer<br />
and the Subcontractor upon delivery <strong>of</strong> the notice by the Employer<br />
pursuant to Clause 2.1(a); and<br />
the contract so formed is on the same terms as the Subcontract.<br />
2.3 Liability<br />
If a Substituted Contract is formed then neither the Employer nor the person<br />
nominated by the Employer is liable to the Subcontractor in respect <strong>of</strong> any<br />
claims made, or payment for any work carried out or goods, materials, plant,<br />
equipment or other items or services provided before the formation <strong>of</strong> the<br />
Substituted Contract or any claims that may be made by the Subcontractor<br />
against the Contractor for breach <strong>of</strong> the Subcontract or on any other basis<br />
whatsoever arising out <strong>of</strong> or in connection with the Subcontract.<br />
2.4 Report by Subcontract<br />
If the Employer delivers a notice pursuant to Clause 2.1 then the<br />
Subcontractor must provide to the Employer a written report detailing the<br />
status <strong>of</strong> the Subcontract Works in a format and within such a time as<br />
stipulated by the Employer.<br />
2.5 Termination <strong>of</strong> Subcontract<br />
Upon the formation <strong>of</strong> the Substituted Contract the Subcontract will be<br />
deemed to have been terminated pursuant to the Subcontract.<br />
2.6 Novation<br />
If the Employer delivers a notice pursuant to Clause 2.1(b), then, the novation<br />
will be effected on the same terms as the agreement contained in Appendix 1<br />
to this agreement and will be effective from the date <strong>of</strong> the Employer’s notice<br />
notwithstanding that a separate agreement <strong>of</strong> novation is not executed. If the<br />
Employer nominates another person under the notice delivered pursuant to
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Clause 2.1(b), all references in the agreement to the Employer will be read as<br />
a reference to its nominee.<br />
3. Termination and amendment <strong>of</strong> the Subcontract<br />
The Contractor and the Subcontractor must not materially amend the<br />
Subcontract without the prior written approval <strong>of</strong> the Employer and must not<br />
terminate the Subcontract without giving the Employer notice <strong>of</strong> not less than<br />
14 days <strong>of</strong> the intention to terminate, providing a full explanation <strong>of</strong> the<br />
grounds for the termination.<br />
4. Property in goods, materials, plant and equipment<br />
Property in all goods, materials, plant, equipment and other items for which<br />
payment has been made by the Contractor to the Subcontractor, less any<br />
retentions or other withholdings permitted by the Subcontract, will vest in the<br />
Employer upon the making <strong>of</strong> such payment.<br />
5. Notices<br />
All notices required to be delivered pursuant to this Agreement must be<br />
delivered by hand, sent by facsimile or posted by pre-paid certified mail,<br />
addressed to the party to which it is necessary or required to be given at the<br />
address set out in the Details, or any replacement address notified by the<br />
parties to each other in writing.<br />
6. Power <strong>of</strong> Attorney<br />
(a) For the purpose <strong>of</strong> effecting a novation contemplated under Clause 2.6<br />
or a Substituted Contract contemplated under Clause 2.2, the<br />
Contractor and the Subcontractor each irrevocably and severally<br />
appoints the Employer as its attorney with authority to execute, sign,<br />
seal and deliver all notices, deeds and documents required for the<br />
purposes referred to in this Clause 6(a).<br />
(b)<br />
The Contractor and Subcontractor ratifies anything done by the<br />
Employer as its attorney in accordance with Clause 6(a).<br />
7. Arbitration
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Any disputes arising out or in connection with this Agreement, or the breach,<br />
termination, or invalidity there<strong>of</strong> shall be referred to and finally resolved by<br />
arbitration in accordance with the UNCITRAL Arbitration Rules then in effect.<br />
The language <strong>of</strong> the proceedings shall be English. The decisions <strong>of</strong> the<br />
arbitral tribunal will be based on general principles <strong>of</strong> international commercial<br />
law. The arbitral tribunal must not award punitive damages. In addition, the<br />
arbitral tribunal must not award interest in excess <strong>of</strong> the London Inter-Bank<br />
Offered Rate (“LIBOR”) then prevailing, and any such interest must be simple<br />
interest only.<br />
8. Privileges and Immunities<br />
Nothing in or relating to this Agreement shall be deemed a waiver, express or<br />
implied, <strong>of</strong> any <strong>of</strong> the privileges and immunities <strong>of</strong> the United Nations,<br />
including its subsidiary organs, <strong>of</strong> which Employer is an integral part, which<br />
are hereby expressly reserved.
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EXECUTED as an agreement.<br />
[Amend this signing page as required to suit authorised representatives <strong>of</strong> the<br />
parties]<br />
EXECUTED by HCI by its duly<br />
authorised representative:<br />
)<br />
)<br />
)<br />
Name:<br />
Title:<br />
Name <strong>of</strong> Witness:<br />
Title:<br />
EXECUTED by [CONTRACTOR]<br />
by its duly authorised<br />
representative:<br />
)<br />
)<br />
)<br />
Name:<br />
Title:<br />
Name <strong>of</strong> Witness:<br />
Title:<br />
EXECUTED by<br />
[SUBCONTRACTOR] by its duly<br />
authorised representative:<br />
)<br />
)<br />
)<br />
Name:<br />
Title:<br />
Name <strong>of</strong> Witness:<br />
Title:
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APPENDIX 1 TO SUBCONTRACTOR SIDE AGREEMENT<br />
Novation Agreement<br />
HCI<br />
("Employer")<br />
and<br />
[insert]<br />
("Contractor")<br />
and<br />
[insert]<br />
("Subcontractor")
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DETAILS<br />
Parties<br />
Employer, Contractor and Subcontractor<br />
Employer Name HCI<br />
Address<br />
Attention<br />
[insert]<br />
[insert]<br />
Contractor Name [insert]<br />
Address<br />
Attention<br />
[insert]<br />
[insert]<br />
Subcontractor Name [insert]<br />
Address<br />
Attention<br />
[insert]<br />
[insert]<br />
Subcontract Works<br />
[insert]<br />
Recitals A The Contractor and the Subcontractor are parties to<br />
the Subcontract.<br />
B<br />
In accordance with the terms <strong>of</strong> this Agreement:<br />
Date <strong>of</strong> agreement<br />
(i)<br />
(ii)<br />
See Signing page<br />
the Employer has agreed to accept all <strong>of</strong> the<br />
Contractor’s liabilities and obligations under<br />
the Subcontract; and<br />
the Subcontractor has agreed to accept the<br />
Employer in place <strong>of</strong> the Contractor for the<br />
performance <strong>of</strong> the obligations <strong>of</strong> the<br />
Contractor and to release completely and<br />
discharge the Contractor from all <strong>of</strong> its<br />
liabilities and obligations under the<br />
Subcontract.<br />
1. Agreed Terms<br />
1.1 In this Agreement:<br />
(a)<br />
Claim means any allegation, debt, cause <strong>of</strong> action, liability, claim,<br />
proceeding, suit or demand <strong>of</strong> any nature howsoever arising and<br />
whether present or future, fixed or unascertained, actual or contingent<br />
whether at law, in equity, under statute or otherwise and which any
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party may have against another in connection with the Subcontract or<br />
this agreement.<br />
(b)<br />
(c)<br />
(d)<br />
Novation Date means [insert date].<br />
Subcontract means the agreement between the Contractor and the<br />
Subcontractor on [insert date] for the Subcontract Works.<br />
Subcontract Works means [insert description].<br />
1.2 With effect from and including the Novation Date:<br />
(a)<br />
(b)<br />
(c)<br />
(d)<br />
the Employer must perform all <strong>of</strong> the obligations <strong>of</strong> the Contractor<br />
under the Subcontract which are not performed at the Novation Date;<br />
the Employer replaces the Contractor under the Subcontract;<br />
the Subcontractor accepts the liability <strong>of</strong> the Employer in place <strong>of</strong> the<br />
Contractor;<br />
the Subcontractor must perform its obligations under the Subcontract<br />
which have not yet been performed in favour <strong>of</strong> the Employer rather<br />
than the Contractor.<br />
1.3 Subject to the Contractor’s payment to the Subcontractor <strong>of</strong> any fees due<br />
under the Subcontract at the Novation Date, the Subcontractor releases and<br />
forever discharges the Contractor from its liabilities and obligations under the<br />
Subcontract and from all claims and demands in respect <strong>of</strong> the Subcontract.<br />
1.4 The Subcontractor has no entitlement to make any Claim against the<br />
Employer and the Employer shall have no liability to the Subcontractor arising<br />
out <strong>of</strong> or in connection with the Subcontract or provision <strong>of</strong> the Subcontract<br />
Works prior to the Novation Date.<br />
1.5 The Subcontractor warrants to the Employer that it has complied with its<br />
obligations under the Subcontract before the Novation Date.<br />
2. Privileges and Immunities<br />
Nothing in or relating to this Agreement shall be deemed a waiver, express or<br />
implied, <strong>of</strong> any <strong>of</strong> the privileges and immunities <strong>of</strong> the United Nations,<br />
including its subsidiary organs, <strong>of</strong> which HCI is an integral part, which are<br />
hereby expressly reserved.
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EXECUTION PAGE<br />
EXECUTED as an agreement.<br />
[Amend this signing page as required to suit authorised representatives <strong>of</strong> the parties]<br />
EXECUTED by HCI by its duly<br />
authorised representative:<br />
)<br />
)<br />
)<br />
Name:<br />
Title:<br />
Name <strong>of</strong> Witness:<br />
Title:<br />
EXECUTED by [CONTRACTOR]<br />
by its duly authorised<br />
representative:<br />
)<br />
)<br />
)<br />
Name:<br />
Title:<br />
Name <strong>of</strong> Witness:<br />
Title:<br />
EXECUTED by<br />
[SUBCONTRACTOR] by its duly<br />
authorised representative:<br />
)<br />
)<br />
)<br />
Name:<br />
Title:<br />
Name <strong>of</strong> Witness:<br />
Title:
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SCHEDULE 13<br />
Schedule <strong>of</strong> Forms <strong>of</strong> Certificates<br />
(A)<br />
(B)<br />
(C)<br />
(D)<br />
(E)<br />
Form <strong>of</strong> Interim Payment Certificate<br />
Form <strong>of</strong> Final Payment Certificate<br />
Form <strong>of</strong> Taking Over Certificate<br />
Form <strong>of</strong> Final Completion Certificate<br />
Form <strong>of</strong> Discharge
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(A) FORM OF INTERIM PAYMENT CERTIFICATE<br />
[ON <strong>High</strong> <strong>Commission</strong> <strong>of</strong> <strong>India</strong> in Sri Lanka’ LETTERHEAD]<br />
[insert Date]<br />
Contractor’s Representative<br />
[Address]<br />
Dear [insert]<br />
INTERIM PAYMENT CERTIFICATE<br />
[insert the description <strong>of</strong> particular package(s)] Provision <strong>of</strong> Infrastructure<br />
Facilities for Atchchuvali Industrial Estate Development Project – Phase I in<br />
Jaffna District, Sri Lanka<br />
[insert name <strong>of</strong> the sub- project] Construction Contract ("Contract")<br />
This Interim Payment Certificate is issued pursuant to Clause 14.6 <strong>of</strong> the Contract.<br />
Date <strong>of</strong> Statement applying for an Interim Payment<br />
Certificate:<br />
Total amount claimed in the Statement: $<br />
Value <strong>of</strong> the Works executed (measured in accordance<br />
with the Schedule <strong>of</strong> Contract Price) and the Contractor’s<br />
<strong>Document</strong>s produced up to the end <strong>of</strong> the month (including<br />
Variations but excluding items described in Sub-Clause<br />
14.3(b)(ii) to (vi));<br />
The achievement <strong>of</strong> the Milestones (if any) set out in the<br />
Schedule <strong>of</strong> Contract Price in the amounts specified<br />
therein;<br />
Amount to be deducted for retention, calculated by<br />
applying the percentage <strong>of</strong> retention stated in the Details to<br />
the total <strong>of</strong> the above amounts until the amount so retained<br />
by the Employer reaches the limit <strong>of</strong> Retention Money (if<br />
any) stated in the Details;<br />
Amounts to be deducted for advance payment and<br />
repayments in accordance with Sub-Clause 14.2 [Advance<br />
Payments];<br />
Amount to be added for Plant and Materials in accordance<br />
with Clause 14.5 [Plant and Materials intended for the<br />
Works]:<br />
$<br />
$<br />
$<br />
$<br />
$
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Amount to be deducted for Plant and Materials in<br />
accordance with Clause 14.5 [Plant and Materials intended<br />
for the Works]:<br />
Amount to be deducted for all prior payments made by the<br />
Employer to the Contractor:<br />
Any other additions or deductions which may have become<br />
due under the Contract or otherwise, including those under<br />
Clause 20 [Claims, Disputes and Arbitration]:<br />
$<br />
$<br />
$<br />
Total <strong>of</strong> the amount due for payment to [the Contractor by<br />
the Employer][the Employer by the Contractor]:<br />
$<br />
Yours sincerely<br />
...............................................................<br />
[insert]<br />
Employer’s Representative
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(B) FORM OF FINAL PAYMENT CERTIFICATE<br />
Contractor’s Representative<br />
[Address]<br />
Dear [insert]<br />
[ON <strong>High</strong> <strong>Commission</strong> <strong>of</strong> <strong>India</strong> in Sri Lanka’ LETTERHEAD]<br />
FINAL PAYMENT CERTIFICATE<br />
[insert Date]<br />
[insert the description <strong>of</strong> particular package(s)] Provision <strong>of</strong> Infrastructure<br />
Facilities for Atchchuvali Industrial Estate Development Project – Phase I in<br />
Jaffna District, Sri Lanka<br />
[insert name <strong>of</strong> the sub- project] Construction Contract ("Contract")<br />
This Final Payment Certificate is issued pursuant to Clause 14.13 <strong>of</strong> the Contract.<br />
Date <strong>of</strong> Final Statement applying for a Final Payment<br />
Certificate:<br />
Total amount claimed in the Final Statement: $<br />
Value <strong>of</strong> all work done in accordance with Contract: $<br />
Any additional amount that the Contractor is entitled to under<br />
the Contract:<br />
Amount to be deducted for all prior payments made by the<br />
Employer to the Contractor:<br />
$<br />
$<br />
Total <strong>of</strong> the amount due for payment to [the Contractor by the<br />
Employer][the Employer by the Contractor]:<br />
$<br />
Yours sincerely<br />
...............................................................<br />
[insert]<br />
Employer’s Representative
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(C) FORM OF TAKING-OVER CERTIFICATE<br />
Contractor’s Representative<br />
[Address]<br />
Dear [insert]<br />
[ON <strong>High</strong> <strong>Commission</strong> <strong>of</strong> <strong>India</strong> in Sri Lanka’ LETTERHEAD]<br />
TAKING-OVER CERTIFICATE<br />
[insert Date]<br />
[insert the description <strong>of</strong> particular package(s)] Provision <strong>of</strong> Infrastructure<br />
Facilities for Atchchuvali Industrial Estate Development Project – Phase I in<br />
Jaffna District, Sri Lanka<br />
[insert name <strong>of</strong> the sub- project] Construction Contract ("Contract")<br />
We refer to Clause 10.1 <strong>of</strong> the Contract.<br />
We advise you that on [insert date] the Works, or a Section or part <strong>of</strong> the Works as<br />
specified below, were completed to a stage ready to be Taken Over by the Employer<br />
in accordance with the Contract.<br />
The works to which this<br />
Taking-Over Certificate<br />
relates are:<br />
By signing this Taking-Over Certificate, the Employer acknowledges and accepts that<br />
the Works, or the Section or part <strong>of</strong> the Works specified above, were completed,<br />
including the matters described in Clause 8.2 [Time for Completion], and Taken Over<br />
by the Employer in accordance with the Contract on [insert date].<br />
This Taking-Over Certificate is executed by an <strong>of</strong>ficial representative duly authorised<br />
to bind the Employer.<br />
This Taking-Over Certificate does not relieve you from any <strong>of</strong> your unperformed or<br />
continuing warranties, obligations or liabilities under or in connection with the Contract<br />
or at law, including the remedying <strong>of</strong> all defects.<br />
Yours sincerely<br />
...............................................................<br />
[insert]<br />
Employer’s Representative
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(D) FORM OF FINAL COMPLETION CERTIFICATE<br />
Contractor’s Representative<br />
[Address]<br />
Dear [insert]<br />
[ON <strong>High</strong> <strong>Commission</strong> <strong>of</strong> <strong>India</strong> in Sri Lanka’ LETTERHEAD]<br />
FINAL COMPLETION CERTIFICATE<br />
[insert Date]<br />
[insert the description <strong>of</strong> particular package(s)] Provision <strong>of</strong> Infrastructure<br />
Facilities for Atchchuvali Industrial Estate Development Project – Phase I in<br />
Jaffna District, Sri Lanka<br />
[insert name <strong>of</strong> the sub- project] Construction Contract ("Contract")<br />
We refer to Sub-Clause 11.9 <strong>of</strong> the Contract.<br />
We advise that on [insert date] you have completed your obligations under the<br />
Contract to a stage ready for the Final Completion Certificate to be issued by the<br />
Employer in accordance with the Contract.<br />
By signing this Final Completion Certificate, the Employer acknowledges and accepts<br />
that your obligations under the Contract have been completed to a stage ready for the<br />
Final Completion Certificate to be issued by the Employer and the last Defect<br />
Notification Period has expired.<br />
This Final Completion Certificate is executed by an <strong>of</strong>ficial representative duly<br />
authorised to bind the Employer.<br />
This Final Completion Certificate does not relieve you from any <strong>of</strong> its unperformed or<br />
continuing warranties, obligations or liabilities under or in connection with the Contract<br />
or at law.<br />
Yours sincerely<br />
...............................................................<br />
[insert]<br />
Employer’s Representative
MEASURED PRICE CONSTRUCTION CONTRACT<br />
Schedules<br />
Operational excellence for results that matter<br />
(E) FORM OF DISCHARGE<br />
[ON CONTRACTOR’S LETTERHEAD]<br />
[insert Date]<br />
Employer's Representative<br />
[Address]<br />
DISCHARGE<br />
Dear [insert]<br />
[insert the description <strong>of</strong> particular package(s)] Provision <strong>of</strong> Infrastructure<br />
Facilities for Atchchuvali Industrial Estate Development Project – Phase I in<br />
Jaffna District, Sri Lanka<br />
[insert name <strong>of</strong> the sub- project] Construction Contract ("Contract")<br />
We refer to Sub-Clause 14.12 [Discharge] <strong>of</strong> the Contract.<br />
The Contractor warrants that it has lodged with the Employer all claims that it has<br />
which arise out <strong>of</strong> or in connection with the Contract in relation to all works and<br />
services performed in connection with the Contract and those claims have been<br />
satisfied in full by the Employer.<br />
The Contractor releases the Employer from all claims, actions, suits and demands<br />
which it presently has or which might in the future arise out <strong>of</strong> or in connection with<br />
the Contract or the works and services performed in connection with the Contract<br />
other than claims, actions, suits and demands made by third parties.<br />
The Contractor acknowledges that the Employer will make the Final Payment<br />
pursuant to Clause 14.13 [Issue <strong>of</strong> Final Payment Certificate] <strong>of</strong> the Contract and that<br />
such payment will be made in reliance on the warranties and releases contained in<br />
this Discharge.<br />
This Discharge is executed by an <strong>of</strong>ficial representative duly authorised to bind the<br />
Contractor.<br />
Yours sincerely<br />
...............................................................<br />
[insert]<br />
Contractor's Representative
MEASURED PRICE CONSTRUCTION CONTRACT<br />
Schedules<br />
Operational excellence for results that matter<br />
CONTRACTOR INSURANCES<br />
SCHEDULE 14<br />
Schedule <strong>of</strong> Insurance Requirements<br />
1. Construction All Risks Insurance/Third Party Liability<br />
Insurance<br />
1.1<br />
Scope <strong>of</strong> cover<br />
(a)<br />
(b)<br />
All risks <strong>of</strong> physical loss or damage from any cause not excluded, in<br />
relation to all property and interest <strong>of</strong> every description used for and<br />
intended for incorporation in the Works relating to design, engineering,<br />
development, procurement, fabrication, construction, erection,<br />
installation, rehabilitation, upgrading, completion, supply, testing,<br />
commissioning, recommissioning or ownership <strong>of</strong> the Works.<br />
Indemnity in respect <strong>of</strong> legal liability <strong>of</strong> the insured parties to third<br />
parties for or arising from:<br />
(i)<br />
(ii)<br />
bodily injury, illness, death;<br />
physical loss or damage to the property; and<br />
(iii) interference, trespass, loss <strong>of</strong> amenities, nuisance,<br />
infringement, obstruction,<br />
arising out <strong>of</strong> or in connection with the design, engineering,<br />
development, procurement, fabrication, construction, erection,<br />
installation, rehabilitation, operating, completion, testing,<br />
commissioning, supply <strong>of</strong> products, recommissioning and ownership <strong>of</strong><br />
the Works.<br />
1.2<br />
Insured parties<br />
(a)<br />
(b)<br />
the Employer;<br />
the Contractor and subcontractors;<br />
each for their respective rights and interests.
MEASURED PRICE CONSTRUCTION CONTRACT<br />
Schedules<br />
Operational excellence for results that matter<br />
1.3<br />
Term<br />
From the Date <strong>of</strong> the Contract to the issue <strong>of</strong> the Final Completion Certificate<br />
1.4<br />
Limit <strong>of</strong> Indemnity<br />
a. Contract Works – Full Estimated Contract Value<br />
b. Third Party Liability – LKR 500,000.00 any one occurrence<br />
1.5<br />
Level <strong>of</strong> Deductible<br />
Major Perils/Testing and <strong>Commission</strong>ing [insert]<br />
Others/Underground Services [insert]<br />
Third Party Property Damage [insert]<br />
Body injury to, illness or death <strong>of</strong> a third party [insert]<br />
1.6<br />
Policy Jurisdiction<br />
Worldwide<br />
2. Workman's Compensation/Employer's Liability<br />
Insurance<br />
2.1<br />
Limit <strong>of</strong> Indemnity<br />
2.2<br />
Term<br />
No less than [insert] for any one incident an [insert] in the aggregate or as<br />
otherwise required by Law.<br />
[insert]
MEASURED PRICE CONSTRUCTION CONTRACT<br />
Schedules<br />
Operational excellence for results that matter<br />
3. Contractor's Plant and Equipment Insurance (including<br />
plant and equipment required for operational activities<br />
and temporary buildings (e.g. labour camps))<br />
3.1<br />
Limit <strong>of</strong> Indemnity<br />
3.2<br />
Term<br />
The replacement value <strong>of</strong> the Contractor's Plant and Equipment.<br />
[insert]
MEASURED PRICE CONSTRUCTION CONTRACT<br />
Schedules<br />
Operational excellence for results that matter<br />
SCHEDULE 15<br />
Schedule <strong>of</strong> Permitted Subcontractors<br />
[Note: this Schedule must list any subcontractors or suppliers (or category<br />
there<strong>of</strong>) nominated by the preferred tenderer during negotiations and who may<br />
be engaged by the Contractor without the Employers prior written consent after<br />
the Contract is executed.]<br />
Subcontract Works<br />
Permitted Subcontractors<br />
[insert description] [insert ]<br />
[insert description] [insert ]<br />
[insert description] [insert ]<br />
[insert description] [insert ]<br />
[insert description] [insert ]<br />
[insert description] [insert ]<br />
[insert description] [insert ]<br />
[insert description] [insert ]<br />
For all other subcontract works not listed above, the Contractor must obtain the<br />
Employer's prior written consent before engaging a subcontractor to execute such<br />
parts <strong>of</strong> the Works.<br />
If no subcontractors are listed above, then no Permitted Subcontractors apply and the<br />
Contractor must obtain the Employer's prior written consent before subcontracting<br />
any part <strong>of</strong> the Works.
MEASURED PRICE CONSTRUCTION CONTRACT<br />
Schedules<br />
Operational excellence for results that matter<br />
SCHEDULE 16<br />
Schedule <strong>of</strong> Nominated Subcontractors<br />
[Note: this Schedule must list any subcontractors or suppliers (or category<br />
there<strong>of</strong>) nominated by the Employer and whom the Contractor is required to<br />
engage as a Subcontractor to execute certain parts <strong>of</strong> the Works. It should be<br />
completed prior to issuing the Contract to tenderers.<br />
Subcontract Works<br />
Nominated Subcontractors<br />
[insert description] [insert ]<br />
[insert description] [insert ]<br />
[insert description] [insert ]<br />
[insert description] [insert ]<br />
[insert description] [insert ]<br />
[insert description] [insert ]<br />
[insert description] [insert ]<br />
[insert description] [insert ]<br />
For all other subcontract works not listed above or in Schedule 15, the Contractor<br />
must obtain the Employer's prior written consent before engaging a subcontractor to<br />
execute such parts <strong>of</strong> the Works.<br />
The Employer reserves the right to nominate additional subcontractors for certain<br />
works in accordance with the General Conditions.
MEASURED PRICE CONSTRUCTION CONTRACT<br />
Schedules<br />
Operational excellence for results that matter<br />
SCHEDULE 17<br />
Schedule <strong>of</strong> Auxiliary Works<br />
Auxiliary Works means works being performed by other contractors, which are<br />
separate to the Works being performed by the Contractor under this Contract, but<br />
which form, or will form, part <strong>of</strong> the overall Project and which are connected to, or<br />
directly interface with, the Works and which are to be designed, supplied, constructed,<br />
commissioned and/or tested by third parties under separate contractual arrangements<br />
with the Employer.<br />
If the contractor is awarded one contract below, the other contracts shall be<br />
considered as Auxiliary Works.<br />
Package<br />
No<br />
Sub Project No<br />
Sub Project Description<br />
1 SL35P1-0101 Security Infrastructure (Security posts, Vehicle<br />
barriers, Chain link fence and boundary wall) and<br />
Internal Road Network<br />
2 SL35P1-0102 Main Water Supply System, Service Building,<br />
External Services, Water Tanks, Fire Water Sump<br />
and Water Treatment Plant<br />
3 SL35P1-0103 Fire Protection System<br />
4 SL35P1-0104 External Electrical supply – Ceylon Electricity<br />
Board will be involved in this work<br />
5 SL35P1-0105 Waste water and sewer disposal system – not<br />
included in this ITB
MEASURED PRICE CONSTRUCTION CONTRACT<br />
Schedules<br />
Operational excellence for results that matter<br />
SCHEDULE 18<br />
SCHEDULE OF HEALTH AND SAFETY REQUIREMENTS<br />
[This schedule should set out Employer’s internal health and safety procedures<br />
and guidelines and the health and safety requirements <strong>of</strong> any relevant<br />
Authorities.]<br />
In addition to the Contractor’s general health and safety obligations described in the<br />
General Conditions, the Contractor must comply with health and safety requirements,<br />
policies, procedures, guidelines and other documents referred to in this Schedule.<br />
[insert]
MEASURED PRICE CONSTRUCTION CONTRACT<br />
Schedules<br />
Operational excellence for results that matter<br />
SCHEDULE 19<br />
SCHEDULE OF ENVIRONMENTAL REQUIREMENTS<br />
[This schedule should set out any Employer’s internal environmental<br />
requirements and the environmental requirements <strong>of</strong> any relevant Authorities]<br />
In addition to the Contractor’s general environmental obligations described in the<br />
General Conditions, the Contractor must comply with the environmental policies,<br />
procedures, guidelines and other documents referred to in this Schedule.<br />
[insert]
PO Box 2695<br />
2100 Copenhagen<br />
Denmark<br />
www.unops.org<br />
Tel: +45 3546 7500<br />
Fax: +45 3546 7501<br />
E-mail: info@unops.org
Development <strong>of</strong> Atchchuvali Industrial<br />
Estate in Jaffna District, Sri Lanka<br />
Specifications – Waste Water Drainage System<br />
Development <strong>of</strong> Atchchuvali Industrial<br />
Estate in Jaffna District, Sri Lanka<br />
Specifications<br />
Waste Water Drainage System<br />
JULY 2012<br />
July 2012
Development <strong>of</strong> Atchchuvali Industrial<br />
Estate in Jaffna District, Sri Lanka<br />
Specifications – Waste Water Drainage System<br />
GRAVITY SEWER MAINS 10.00<br />
10.01 General<br />
This section covers the requirements for constructing gravity sanitary sewers and service<br />
connections.<br />
Non pressure sewer pipe shall be Ductile Iron pipe (DIP), unplasticised polyvinyl chloride<br />
(uPVC), Reinforced Concrete Pipe (RCP), Vitrified Clay pipe (VCP), or high density<br />
polyethylene pipe (HDPE).<br />
Sewer construction shall conform to applicable local Standards for construction and testing <strong>of</strong><br />
drains and sewers. In the absence <strong>of</strong> appropriate local Standards, International Standards<br />
shall apply. This reference to Standards shall apply throughout this specification.<br />
10.02 Materials<br />
10.02.1 Ductile iron<br />
DI pipe will be used for all branch sewers crossing roads or railways, for all<br />
inverted siphons at stream crossings, and in all above ground installations.<br />
Pipes and fitting shall be cement lined and bituminous seal coated inside.<br />
10.02.2 uPVC pipe and fittings<br />
BS EN 124<br />
BS EN 681-2: 2000<br />
BS EN 1277: 2003<br />
BS EN 1401: 2009<br />
uPVC pipes and fittings are intended for the use on all non pressure branch<br />
sewers less than 280mm in diameter.<br />
Smooth wall uPVC pipe and fittings with locked-in gasket and integral bell<br />
system, pressure class 600 shall be used<br />
The Contractor shall be responsible for the compatibility <strong>of</strong> fittings with the uPVC<br />
pipes <strong>of</strong>fered.<br />
The Contractor shall furnish copies <strong>of</strong> certificates <strong>of</strong> quality control tests carried<br />
out during manufacture <strong>of</strong> the pipes and fittings and shall if required by the<br />
Employers Representative undertake such additional tests as he considers<br />
necessary at the Contractor’s expense.<br />
Gasketed Saddles<br />
Sewer saddles shall be moulded uPVC ‘Tee’ or ‘Wye’ with bolt on straps. The<br />
straps, bolts and nuts shall be <strong>of</strong> stainless steel.<br />
Sewer saddles shall be gasketed and leak pro<strong>of</strong>. The "O" ring material shall be <strong>of</strong><br />
elastomeric material.<br />
Couplings<br />
uPVC coupling shall be injection moulded, slip over or similar type suitable for<br />
working pressure <strong>of</strong> 12 bars, unless otherwise specified.<br />
Joint rings shall be <strong>of</strong> elastomeric material.<br />
July 2012 Page 2
Development <strong>of</strong> Atchchuvali Industrial<br />
Estate in Jaffna District, Sri Lanka<br />
Specifications – Waste Water Drainage System<br />
10.02.3 Reinforced concrete pipes<br />
Reinforced concrete pipe shall be used for trunk sewers, and all sewers ranging<br />
from 300mm to 1000 mm in diameter.<br />
The pipe interior shall be smooth and even, free from roughness, projections,<br />
indentations, <strong>of</strong>fsets, irregularities <strong>of</strong> any kind. The concrete mass shall be dense<br />
and uniform. Concrete pipes shall be free from fracture, large or deep cracks,<br />
and surface roughness. The planes <strong>of</strong> the ends <strong>of</strong> the pipe shall be perpendicular<br />
to the longitudinal axis<br />
Reinforced concrete pipes shall have a minimum nominal length <strong>of</strong> 2.0 m except<br />
as otherwise specified or required for special purposes such as curves, closures<br />
or built in pipes. The maximum nominal length shall be 6m.<br />
Pipe joints shall be spigot and socket type with flexible water tight confined “Oring”<br />
synthetic rubber gasket with neoprene elastomer. Joint details shall be<br />
submitted to the Employers Representative for review and approval before<br />
commencement <strong>of</strong> pipe manufacture.<br />
All reinforced concrete pipe shall be spun and lined with 12.5 mm thick high<br />
alumina lining consisting <strong>of</strong> 12.5 mm <strong>of</strong> sulphate resistant type V Portland<br />
Cement (one part), Granite dust passing no. 100 BS sieve and 2 1//2 parts <strong>of</strong> fine<br />
aggregate with sufficient clean water to ensure maximum density.<br />
Interior surfaces shall be covered with two coats <strong>of</strong> an approved bituminous<br />
coating. Coating shall be applied by the manufacturer at the plant.<br />
10.02.4 <strong>High</strong> Density Polyethylene (HDPE) pipes<br />
Corrugated PE pipes shall not be installed for sewers.<br />
HDPE pipes will be used for branch sewers 280 mm in diameter or less installed<br />
in areas with high groundwater table or on steep slopes.<br />
<strong>High</strong> density polyethylene pipes for non-pressure sewers shall be class PE100,<br />
pressure rated PN8.<br />
All polyethylene pipes and fittings are to be joined by means <strong>of</strong> thermal fusion in<br />
accordance with the recommendations <strong>of</strong> the manufacturer. Gasketed jointing<br />
systems and couplers are not accepted.<br />
10.03 Execution<br />
10.03.1 Preparation<br />
Clean pipes and fittings <strong>of</strong> debris and water before installation. Inspect materials<br />
for defects before installing.<br />
Remove defective materials from site.<br />
10.03.2 Trenching and backfilling<br />
Do trenching and backfill work shall be carried out in accordance with Section 2.4<br />
<strong>of</strong> the General Specification<br />
Trench line and depth as well as condition <strong>of</strong> trench bottom require approval prior<br />
to placing bedding material and pipe.<br />
July 2012 Page 3
Development <strong>of</strong> Atchchuvali Industrial<br />
Estate in Jaffna District, Sri Lanka<br />
Specifications – Waste Water Drainage System<br />
Do not backfill trenches until pipe grade and alignment have been checked and<br />
accepted and infiltration and exfiltration test results are within the limits specified.<br />
If the pipe is backfilled for any reason prior to testing, the Contractor must accept<br />
responsibility to meet the tests or to re-excavate and repair the line at his<br />
expense.<br />
10.03.3 Concrete bedding and encasement<br />
Do concrete work in accordance with Sections 3.1, 3.2 and 3.3<br />
Pipe may be positioned on concrete blocks to facilitate placing <strong>of</strong> concrete.<br />
Rigidly anchor or weight pipe to prevent flotation when concrete is placed if<br />
necessary.<br />
Do not backfill over concrete within 24 hours after placing.<br />
10.03.4 Granular bedding<br />
Place granular bedding materials in accordance with details specified or directed.<br />
Shape bed true to grade and to provide continuous, uniform bearing surface for<br />
barrel <strong>of</strong> pipe. Do not use blocks when bedding pipe.<br />
Shape transverse depressions as required to within bell if bell and spigot pipe is<br />
used.<br />
Compact full width <strong>of</strong> bed to at least 95% <strong>of</strong> corrected maximum dry density.<br />
Fill excavation below bottom <strong>of</strong> manholes or structures with specified bedding<br />
material or common backfill according to standard drawings and specifications.<br />
10.03.5 Installation<br />
Lay and join pipes in accordance with manufacturer's recommendations.<br />
Handle pipes only with approved equipment. Do not use chains or cables passed<br />
through the pipe bore so that weight <strong>of</strong> pipe bears upon pipe ends.<br />
Use laser-type instrument to control line and grade for sewers.<br />
Lay pipes on prepared bed, true to line and grade, with pipe invert smooth and<br />
free <strong>of</strong> sags or high points. Ensure barrel <strong>of</strong> each pipe is in contact with shaped<br />
bed throughout its full length.<br />
Commence laying at outlet and proceed in upstream direction with bell ends <strong>of</strong><br />
pipe facing upgrade.<br />
Check alignment between manholes as each portion is laid by means <strong>of</strong> a strong<br />
light shone through the pipe from manhole to manhole. If less than half the full<br />
pipe cross-section at the light source is visible at the other end, realign pipes at<br />
no additional cost.<br />
Do not allow water to flow through pipe during construction.<br />
Whenever work is suspended, install a removable watertight bulkhead at the<br />
open end <strong>of</strong> the last pipe laid to prevent entry <strong>of</strong> foreign materials.<br />
Position and join pipes by approved methods. Do not use excavating equipment<br />
to force pipe sections together.<br />
July 2012 Page 4
Development <strong>of</strong> Atchchuvali Industrial<br />
Estate in Jaffna District, Sri Lanka<br />
Specifications – Waste Water Drainage System<br />
10.03.6 Joining<br />
10.03.6.1 uPVC Pipe Joining:<br />
- Install gaskets as recommended by manufacturer.<br />
- Support pipes with hand slings or crane as required in order to<br />
minimize lateral pressure on gasket and maintain concentricity<br />
until gasket is properly positioned.<br />
- Align pipes carefully before joining.<br />
- Maintain pipe joints free from mud, silt, gravel and other foreign<br />
material.<br />
- Avoid displacing gasket or contaminating with dirt or other<br />
foreign material. Remove disturbed or dirty gaskets; clean,<br />
lubricate and replace before joining is attempted. Use only<br />
manufacturers recommended lubricant.<br />
- Complete each joint before laying next length <strong>of</strong> pipe.<br />
- Minimize joint deflection after joint has been made to avoid joint<br />
damage.<br />
- Apply sufficient pressure in making joints to ensure that joint is<br />
complete as outlined in manufacturer's recommendations.<br />
- At rigid structures, install pipe joints not more than 600 mm<br />
from side <strong>of</strong> structure.<br />
Make watertight connections to manholes or other structures. Provide details <strong>of</strong><br />
proposed method <strong>of</strong> installing pipe stubs in structure walls to ensure a watertight<br />
joint. In the case <strong>of</strong> pre-cast manhole bases an integral joint gasket may be cast<br />
in the manhole wall to receive the pipe stub. In the case <strong>of</strong> cast-in-place manhole<br />
bases the exterior pipe surface in contact with the structure wall shall be<br />
roughened or treated to provide a bond with the concrete. Any grout used to be<br />
non-shrink type.<br />
10.03.6.2 Concrete pipe joints:<br />
- Pipe Interior: Circular pipes 700 mm in diameter and larger, and<br />
arch or elliptical pipe equivalent to 900 mm diameter or larger<br />
shall have interior gap between ends <strong>of</strong> adjacent pipes filled with<br />
mortar. Apply mortar a minimum 7 days after backfilling has<br />
been completed to allow pipe settlement to occur. Finish interior<br />
surface <strong>of</strong> joints smooth.<br />
- Pipe Exterior: For bell and spigot pipe, mortar to be used for<br />
caulking outside <strong>of</strong> joints. Press and caulk mortar into place.<br />
Allow mortar to set minimum <strong>of</strong> one hour before backfilling.<br />
Block pipes as directed when any stoppage <strong>of</strong> work occurs to<br />
prevent creep during down time.<br />
July 2012 Page 5
Development <strong>of</strong> Atchchuvali Industrial<br />
Estate in Jaffna District, Sri Lanka<br />
Specifications – Waste Water Drainage System<br />
Ensure completed joints are restrained by compacting bedding<br />
material alongside and over installed pipes. Backfill to prevent<br />
flotation as required.<br />
Cut pipes as required for special inserts, fittings or closure<br />
pieces in a neat manner, as recommended by pipe<br />
manufacturer, without damaging the pipe or its coating and to<br />
leave a smooth end at right angles to axis <strong>of</strong> pipe.<br />
Make watertight connections to manholes or other structures.<br />
Provide details <strong>of</strong> proposed method <strong>of</strong> installing pipe stubs in<br />
structure walls to ensure a watertight joint. In the case <strong>of</strong> precast<br />
manhole bases an integral joint gasket may be cast in the<br />
manhole wall to receive the pipe stub. In the case <strong>of</strong> cast-inplace<br />
manhole bases the exterior pipe surface in contact with the<br />
structure wall shall be roughened or treated to provide a bond<br />
with the concrete. Any grout used to be non-shrink type.<br />
Where a pipe enters the manhole it shall be cradled with class B<br />
concrete half the diameter <strong>of</strong> the pipe to a joint in the pipe,<br />
distance 1.8 m from the manhole. Place non-shrink grout in the<br />
remaining space between the concrete cradle and the manhole<br />
wall filling the void between the pipe, the seal gasket and the<br />
manhole wall.<br />
When placing sewers on steep slope <strong>of</strong> 20% or greater, they<br />
shall be anchored securely with concrete anchor blocks.<br />
Where pipe enters a manhole with precast seal, and is bedded<br />
on undisturbed (not over-excavated) earth, the cradle is not<br />
necessary. The connection shall be sealed on the manhole<br />
exterior with a non-shrinking grout material and painted with a<br />
bituminous sealant.<br />
Use prefabricated saddles or approved field connections for<br />
connecting pipes to existing sewer pipes. Joint <strong>of</strong> saddle to pipe<br />
shall be structurally sound and watertight.<br />
Leave joints and fittings exposed for ex-filtration testing. Provide<br />
protection when required. If it is necessary to backfill sections <strong>of</strong><br />
the sewer prior to testing, take full responsibility and bear all<br />
costs for any additional excavation and backfill to expose pipe,<br />
fittings or joints that may be necessary.<br />
When the infiltration and ex-filtration test results are acceptable<br />
to Employers Representative, backfill the remainder <strong>of</strong> trench in<br />
accordance with Section 2.4.<br />
Hand place granular material in uniform layers not exceeding<br />
150 mm thick to minimum 300 mm over top <strong>of</strong> pipe. Dumping <strong>of</strong><br />
material directly on top <strong>of</strong> pipe is not permitted.<br />
July 2012 Page 6
Development <strong>of</strong> Atchchuvali Industrial<br />
Estate in Jaffna District, Sri Lanka<br />
Specifications – Waste Water Drainage System<br />
Place layers uniformly and simultaneously on each side <strong>of</strong> pipe<br />
to prevent lateral displacement <strong>of</strong> pipe.<br />
Compact each layer to at least 95% maximum density.<br />
All exterior surfaces <strong>of</strong> concrete pipes that will remain exposed<br />
shall be coated by the pipe manufacturer with a minimum 650<br />
microns dry thickness <strong>of</strong> a heavy duty, 100 percent solid coal-tar<br />
epoxy durable abrasion resistant and especially designed for<br />
production line application on moist concrete.<br />
10.04 FIELD TESTING<br />
10.04.1 General<br />
After the gravity sewers have been laid and backfill has been placed to<br />
600mm above the pipe, a light will be flashed between manholes, or if<br />
the manhole has not yet been constructed, between the location <strong>of</strong><br />
manholes, by means <strong>of</strong> a flashlight or mirrored light, to determine<br />
whether the alignment <strong>of</strong> the main is true and whether any pipe has been<br />
displaced subsequent to laying. If alignment is correct and no other<br />
defects are disclosed, backfilling may be continued. If the test shows<br />
poor alignment <strong>of</strong> the main, misplaced pipes or other defects, such<br />
defects shall be remedied by the Contractor, as required by the<br />
Employers Representative, before the work <strong>of</strong> backfilling proceeds.<br />
After backfilling has been done, the Contractor shall make tests to<br />
ascertain if joints are tight. Leaky or poor joints shall be repaired, or<br />
removed at once by the Contractor to the satisfaction <strong>of</strong> the Employers<br />
Representative.<br />
No section <strong>of</strong> gravity sewer lines shall be tested for leakage before<br />
backfilling in that section has been completed. If this condition has been<br />
fulfilled, the sewer lines shall be tested for leakage between manholes as<br />
the work progresses.<br />
The Contractor shall perform the tests and shall furnish all apparatus and<br />
materials including water required for the tests.<br />
The tests will be witnessed by the Employers Representative.<br />
10.04.2 Tests<br />
The following tests shall be made:<br />
- All sewers shall be tested by making exfiltration or infiltration tests<br />
- Smoke test shall be required in lieu <strong>of</strong> exfiltration or infiltration tests, or<br />
airtests, only where conditions are not appropriate for these tests. Smoke<br />
testing shall be done prior to the placement <strong>of</strong> any paving material.<br />
Repair or replace pipe, pipe joint or bedding found defective.<br />
Perform infiltration or ex-filtration testing as soon as practicable after<br />
jointing and bedding are complete, and service connections have been<br />
installed.<br />
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Do infiltration and/or ex-filtration testing as directed. Perform tests in<br />
presence <strong>of</strong> Employers Representative. Give notice <strong>of</strong> tests in<br />
accordance with the Conditions <strong>of</strong> Contract.<br />
Carry out tests on each section <strong>of</strong> sewer between successive manholes<br />
including service connections.<br />
Install watertight bulkheads in suitable manner to isolate test section<br />
from rest <strong>of</strong> pipeline.<br />
10.04.3 Filtration testing<br />
Ex-filtration test:<br />
- Fill test section with water in such a manner as to allow displacement <strong>of</strong><br />
air in line.<br />
- Immediately prior to test period add water to pipeline until there is a head<br />
<strong>of</strong> 1 metre over interior crown <strong>of</strong> pipe measured at highest point <strong>of</strong> test<br />
section or water in manhole is 1500 mm above static ground water level,<br />
whichever is greater.<br />
- Duration <strong>of</strong> ex-filtration test shall be one hour.<br />
- Water loss at end <strong>of</strong> test period shall not exceed maximum allowable exfiltration<br />
over any section <strong>of</strong> pipe between manholes.<br />
Infiltration test:<br />
- Conduct infiltration test in addition to ex-filtration test.<br />
- Install a watertight plug at upstream end <strong>of</strong> pipeline test section.<br />
- Discontinue pumping operations for at least 3 days before test<br />
measurements are to commence and during this time keep thoroughly<br />
wet at least one third <strong>of</strong> pipe invert perimeter.<br />
- Prevent damage to pipe and bedding material due to flotation and<br />
erosion.<br />
- Place a 90o V-notch weir, or other measuring device approved by the<br />
Employers Representative in invert <strong>of</strong> sewer at each manhole.<br />
- Measure rate <strong>of</strong> flow over a minimum <strong>of</strong> 1 hour, with recorded flows for<br />
each 5 min interval.<br />
Infiltration/ex-filtration shall not exceed 4.63 litres per millimetre <strong>of</strong> internal pipe<br />
diameter per kilometre per 24 hours which are the following limits in litres per<br />
hour per 100 m <strong>of</strong> pipe, including service connections.<br />
Table 10.04.3 Gravity Sewer Pipe Maximum Allowable Leakage<br />
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Internal Pipe Diameter (mm) Maximum Amount (litre/hr)<br />
100 1.93<br />
150 2.89<br />
200 3.86<br />
250 4.83<br />
300 5.79<br />
350 6.75<br />
400 7.72<br />
450 8.68<br />
500 9.65<br />
550 10.61<br />
600 11.58<br />
700 13.51<br />
800 15.44<br />
900 17.37<br />
This allowance shall include leakage in manholes along the length <strong>of</strong> the line.<br />
Repair and retest sewer line as required, until test results are within limits<br />
specified at no additional cost to the Contract. Repair visible leaks regardless <strong>of</strong><br />
test results.<br />
10.04.4 Television inspections:<br />
- Prior to TV inspection remove foreign material from sewers and related<br />
appurtenances by flushing with water<br />
- Television equipment shall consist <strong>of</strong> a self-contained colour camera and<br />
a monitoring unit connected by a 3 wire coaxial cable. The camera shall<br />
be small enough to ensure passage through a 150 mm sewer, shall be<br />
waterpro<strong>of</strong>, and shall have a self-contained remotely controlled lighting<br />
system <strong>of</strong> varying the illumination <strong>of</strong> the interior <strong>of</strong> the sewer line for<br />
inspection and photographic purposes. Picture quality shall be such as to<br />
produce a continuous 600-line resolution picture showing the entire<br />
periphery <strong>of</strong> the pipe. All video must be in DVD format. An audio<br />
description <strong>of</strong> the inspection must also be provided. The monitor used<br />
shall be not less than a 13 inch colour monitor.<br />
- Carry out inspection <strong>of</strong> installed sewers by television camera.<br />
- If defective work is found by such inspections, repair sewer line and<br />
repeat television inspections as required until all defective work has been<br />
corrected, at no additional cost to the Employer.<br />
- All DVD <strong>of</strong> television inspections are to be submitted to the Employers<br />
Representative as a permanent record.<br />
A sewer section is defined as the length <strong>of</strong> pipe between successive<br />
manholes.<br />
10.04.5 DEFLECTION TESTS<br />
Deflection Test for PVC, HDPE, DI and Plastic pipes<br />
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- Carry out a deflection test on all sections <strong>of</strong> the sewer. The<br />
maximum allowable deflection under fully backfilled and<br />
compacted trench conditions shall not exceed 5% before 30<br />
days and 7.5% after 30 days.<br />
- Locations with excessive deflection shall be repaired and/or the<br />
pipe replaced at the Contractor’s expense. The equipment used<br />
for the deflection test shall be that as recommended by the<br />
manufacturer, and may include an Electronic Deflectometer or a<br />
Rigid "Go-No-Go" Device. For the purpose <strong>of</strong> deflection<br />
measurement, the base inside diameters and the deflection<br />
mandrel dimensions are provided in the following table. To<br />
ensure accurate testing the lines shall be thoroughly cleaned.<br />
The 5% and 7.5% deflection mandrel against nominal size <strong>of</strong><br />
pipe shall be in accordance with the relevant standards.<br />
- For nominal sewer sizes not shown in above table the Mandrel<br />
dimensions shall be calculated as follows:<br />
Mandrel O.D. = (100-Y) x Base I.D.<br />
100<br />
Where Y = Deflection Limit in %<br />
10.04.6 ADDITIONAL TV INSPECTION<br />
Additional Television inspection <strong>of</strong> the sewers<br />
The Contractor shall perform television inspection <strong>of</strong> sewers within 30<br />
days <strong>of</strong> the expiry <strong>of</strong> the defects liability period to compare the condition<br />
<strong>of</strong> collection system before and after defects rectification. The Contractor<br />
shall remedy defects in compliance with the relevant clause <strong>of</strong> the<br />
Conditions <strong>of</strong> Contract. Emptying and cleaning <strong>of</strong> the facilities shall be<br />
done by the Contractor. The inspection procedure and the submittal<br />
requirements for additional television inspection shall be same as that <strong>of</strong><br />
item (3) above.<br />
10.05 Sewer Manholes<br />
10.05.1 General<br />
This section specifies requirements for constructing new manholes and<br />
service connection manholes.<br />
10.05.2 Materials<br />
Concrete and reinforcement<br />
Refer to Sections 3.1, 3.2 and 3.3 <strong>of</strong> the specification.<br />
Concrete mix design to produce 30 MPa for pre-cast manholes, catch<br />
basins and ditch inlets and 25 MPa for cast-in place manholes. Maximum<br />
size aggregate shall be 40 mm except 28 mm for pre-cast units.<br />
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10.05.3 CONCRETE MANHOLES<br />
Pre-cast manhole sections<br />
Walls <strong>of</strong> manholes shall be constructed <strong>of</strong> reinforced concrete ring<br />
sections with a minimum inside diameter <strong>of</strong> 900 mm. Riser sections shall<br />
have tongue and groove ends (tongue on top <strong>of</strong> section) and a minimum<br />
wall thickness <strong>of</strong> 125mm. Top sections shall be <strong>of</strong> eccentric cone or flat<br />
slab top design as indicated by the Contract drawings. Eccentric cones<br />
shall have the same minimum wall thickness and area <strong>of</strong> circumferential<br />
steel reinforcement as the round riser sections. Flat slab tops shall have<br />
a minimum thickness <strong>of</strong> 150 mm and shall be reinforced with steel in<br />
accordance with the appropriate design standard. Top sections shall<br />
have a top width <strong>of</strong> such design and dimensions as to properly support<br />
the required manhole frame and cover and the lower joint shall be <strong>of</strong><br />
tongue and groove design.<br />
Top sections <strong>of</strong> eccentric cones or flat tops shall have an <strong>of</strong>fset opening<br />
<strong>of</strong> 750 mm for vertical ladder installation. Top sections shall have four (4)<br />
anchoring devices, equally spaced to receive 75 mm frame anchor bolts<br />
on flange B.C. pattern.<br />
The entire exterior surface <strong>of</strong> all manholes shall be coated with two (2)<br />
coats <strong>of</strong> an approved bituminous coating, minimum 2.3 mm in thickness.<br />
All sections shall contain factory installed lifting keys or lugs.<br />
All sections shall be cured by the manufacturer not less than 7 days<br />
before transporting and date stamped with the casting date.<br />
Reinforced concrete manhole bases<br />
Pre-cast reinforced concrete bases shall normally be used in lieu <strong>of</strong> castin-place<br />
concrete bases.<br />
The base, for either type, shall extend 150 mm beyond the outside face<br />
<strong>of</strong> the manhole wall and shall be at least 200 mm thick.<br />
Cast-in-Place bases for up to 400 mm sewers shall have one mat <strong>of</strong> No.<br />
4 deformed Grade 60 reinforcing steel on 300 mm centres placed<br />
midway in minimum 200 mm thick base.<br />
Pre-cast bases shall have factory installed pipe seals.<br />
Pre-poured flow lines in base will be approved only after inspection <strong>of</strong> a<br />
completed example.<br />
Pre-cast Joints: to be made watertight using rubber ring gaskets.<br />
10.05.4 Pre-cast grade rings<br />
Pre-cast concrete grade rings <strong>of</strong> 50, 75, 100 and 150 mm height shall be<br />
manufactured in accordance with ASTM C-478.<br />
Rings shall have pre-cast bolt holes matching cone or flat top sections<br />
and be <strong>of</strong> diameter to support full manhole frame.<br />
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Field moulding <strong>of</strong> grade rings will not be permitted.<br />
10.05.5 Manhole steps<br />
Ladder rungs/steps shall be <strong>of</strong> 19 mm dia (minimum), polypropylene<br />
coated galvanized steel.<br />
Place all steps on 300 mm centres.<br />
Portion <strong>of</strong> steps embedded in concrete shall be given a coat <strong>of</strong> heavy<br />
bodied bituminous paint.<br />
10.05.6 Pipe opening seals<br />
Pipe opening seals shall be cast integrally with manhole section, sized to<br />
fit pipe specified, and set at correct elevation and location.<br />
10.05.7 Preformed plastic sealing compound<br />
Sealing compound shall be <strong>of</strong> either bituminous or butyl rubber base.<br />
Material shall be in rope form, supplied with a two-piece cover to prevent<br />
adhesion until use.<br />
10.05.8 Water stops<br />
Water stops shall be composed <strong>of</strong> virgin Polyvinyl chloride (PVC) or<br />
rubber with stainless steel bolts and nuts, sized for respective pipe.<br />
10.05.9 Manhole frames and covers<br />
Heavy duty ductile iron pre-locked circular manhole cover in hexagonal<br />
frame, suitable for road surfaces. Non-‘rock’ nylon cushion insert for<br />
stability under load.<br />
Cover cast without perforations and complete with two 25 mm sealed<br />
keyways. Clear opening to be 600 minimum, or such larger size as<br />
required. Frame is 100 mm deep.<br />
Provide a minimum <strong>of</strong> 18 lifting keys.<br />
Frames shall contain four (4) 25 mm holes equally spaced to match<br />
manhole inserts for fastening.<br />
All manhole covers shall bear the wording required by the Employer and<br />
described in the drawings.<br />
10.05.10 Watertight manhole frame and cover<br />
This item shall be same as specified above except that the cover shall<br />
have a neoprene gasket contained in a factory machined dovetail or<br />
rectangular groove in the bearing side <strong>of</strong> cover.<br />
Cover shall have hold-down bolts and washers <strong>of</strong> stainless steel or<br />
bronze.<br />
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10.05.11 PE manholes<br />
a) Manhole design<br />
The PE manholes are made with concentric, eccentric and full open tops.<br />
Manholes in highway traffic areas require a reinforced concrete pad to<br />
distribute vehicle load to surrounding soil. The DI manhole cover<br />
complying with the relevant Standard shall be installed in such a way to<br />
transfer vertical loads directly to the ground all in accordance with<br />
manufacturers’ recommendations. The manholes shall have PE coated<br />
metal runs or protected ladder attached firmly to the vertical wall. The<br />
benched bottom is required to facilitate undisturbed flow. The inlet,<br />
outlet, cleaning and vent pipes to PE manholes shall be attached around<br />
the circumference <strong>of</strong> the manhole. The extrusion welding is<br />
recommended for pipe connections. Welded gussets or ribs to inlet and<br />
out let pipes provide strong connection.<br />
The proper anchoring <strong>of</strong> PE manhole against flotation and thermal<br />
expansions due to variation in Ground Water Table and ambient<br />
temperature should be carried out. The Contractor shall propose an<br />
appropriate anchoring option to the Employers Representative for<br />
approval.<br />
b) Submittals<br />
The Contractor shall submit test certificates, drawings, calculations <strong>of</strong> PE<br />
manhole designs, (ring compression, combined ring compression,<br />
buckling, axial strain, features and thickness <strong>of</strong> base) fabrication<br />
procedure etc to the Employers Representative for approval.<br />
10.06 Manholes, Execution<br />
10.06.1 Excavation and backfill<br />
Excavate and backfill is to be in accordance with Section 2.4 <strong>of</strong> the<br />
Specification.<br />
The Employers Representative is to inspect and approve excavations<br />
before the installation <strong>of</strong> outfall structures, manholes, catch basins, valve<br />
chambers or ditch inlets.<br />
Do not backfill any manhole or other structure for which a leakage test is<br />
required, prior to completion <strong>of</strong> testing and acceptance <strong>of</strong> test by the<br />
Employers Representative.<br />
10.06.2 Concrete work<br />
Do concrete work in accordance with Sections 3.1, 3.2 and 3.3<br />
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10.06.3 Installation<br />
Construct units in accordance with details indicated, plumb and true to<br />
alignment and grade.<br />
Complete units as pipe laying progresses. Maximum <strong>of</strong> three units<br />
behind point <strong>of</strong> pipe laying will be allowed.<br />
Pump excavation free <strong>of</strong> standing water and remove s<strong>of</strong>t and foreign<br />
material before placing base. Fill any excavation below level <strong>of</strong> bottom <strong>of</strong><br />
specified bedding as outlined in Section 2.4<br />
Cast base directly on undisturbed ground or set a pre-cast concrete base<br />
on 150 mm minimum <strong>of</strong> well compacted granular material.<br />
(1) Bases for pre-cast units:<br />
(i) Make each successive joint watertight with approved rubber ring<br />
gaskets. Each lifting ring hole shall be grouted with nonshrink<br />
grout.<br />
(ii) Clean surplus grout and joint compounds from interior surface <strong>of</strong><br />
unit as work progresses.<br />
(iii) Flow channels shall be placed after pipe placement.<br />
(2) Bases for cast-in-place units:<br />
(i) Place stub outlets and bulkheads at elevations and in positions<br />
indicated.<br />
(ii) Bench to provide a smooth U-shaped channel. Side height <strong>of</strong><br />
channel to be full diameter <strong>of</strong> sewer. Slope adjacent floor at<br />
1 on 5. Curve channels smoothly. Slope invert to establish<br />
sewer grade.<br />
(iii) Apply two coats <strong>of</strong> cement rendering to manhole benching.<br />
Cement rendering shall consist <strong>of</strong> one part cement and two parts<br />
sand with sufficient mixing water. Surface to be rendered shall<br />
be roughened before concrete has fully set, and immediately<br />
before rendering is applied, cleaned <strong>of</strong> all oil, grease, laitance or<br />
foreign matter. Keep surface moist. Roughen between coats.<br />
Work into surface and give last coat smooth, steel trowel finish.<br />
(iv) Flow channels shall be formed directly in the concrete <strong>of</strong> the<br />
manhole base and shall be smooth and accurately shaped to a<br />
semi-circular bottom conforming to the inside <strong>of</strong> the adjacent<br />
sewer sections. Changes in the direction <strong>of</strong> the sewer and<br />
entering branches shall have a true curve <strong>of</strong> as large a radius as<br />
the size <strong>of</strong> the manhole will permit.<br />
- Complete concrete placement around pipe openings,<br />
working well into water stop. Finish flush on outside.<br />
- All slopes (benches) outside flow channels shall be<br />
sloped gradually towards the invert.<br />
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(3) Manhole Sections<br />
(i) All pre-cast concrete ring sections and top sections shall fit<br />
together readily to permit effective jointing. Joints between<br />
adjacent sections <strong>of</strong> all manholes shall be made with two (2)<br />
strips <strong>of</strong> approved preformed joint sealing compound. All material<br />
squeezed out on inside shall be cut <strong>of</strong>f.<br />
(ii) Adjoining riser and conical top sections shall be fitted together in<br />
such a manner as to assure true vertical alignment <strong>of</strong> manhole<br />
steps.<br />
(4) Manhole Frame and Covers<br />
(i) Set manhole frame to proper elevation and to cross-section<br />
slope where required. Set in a bed <strong>of</strong> Portland cement and silica<br />
sand, and bring mortar up over frame.<br />
(ii) Where adjustment is required [maximum one 300 mm], use precast<br />
concrete grade rings. Set in two (2) strips <strong>of</strong> preformed<br />
plastic sealing compound, taking care to align bolt holes. Paint<br />
exterior surface with two (2) coats bituminous paint. Recheck<br />
elevation due to possible sealant compression.<br />
(iii) Tighten down manhole frame using bolts long enough to reach<br />
insert in cone or flat top section.<br />
(iv) The Contractor shall be responsible to see that all such items as<br />
mentioned under this Section are adjusted to the new paving<br />
elevation to provide a smooth even transition from pavement to<br />
manhole cover.<br />
Clean units <strong>of</strong> debris and foreign materials. Remove fins and<br />
sharp projections. Prevent debris from entering system.<br />
(5) Drop Manholes<br />
(i) Drop connection shall be made where the invert <strong>of</strong> any inlet pipe<br />
is 600 mm or more higher than the invert out <strong>of</strong> the manhole.<br />
(ii) Pre-cast manhole sections shall have openings with integrally<br />
cast pipe seals to fit design elevations for new installations.<br />
(iii) Connection configuration to manhole shall be made in<br />
accordance with Standard Detail Drawings.<br />
(iv) Entire configuration <strong>of</strong> piping shall be encased in Class B<br />
concrete to a minimum thickness <strong>of</strong> 150 mm.<br />
(v) Paint entire surface <strong>of</strong> encasement, when dry, with an approved<br />
bituminous coating.<br />
(vi)<br />
10.06.4 Infiltration and exfiltration test<br />
Install watertight plugs or seals on inlets and outlets <strong>of</strong> each new sanitary<br />
sewer manhole and fill manhole with water. Keep manhole full for 24<br />
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hours to allow maximum absorption. Leakage must not to exceed 0.3%<br />
per hour <strong>of</strong> volume <strong>of</strong> manhole.<br />
If permissible leakage is exceeded:<br />
(i) By up to 0.03% per hour <strong>of</strong> the volume <strong>of</strong> the manhole defects<br />
may be corrected on site by the manufacturer’s representative<br />
using injected polyurethane. Concrete mortar grouting is not<br />
acceptable. Repeat testing until acceptable.<br />
(ii) By more than 0.03% per hour <strong>of</strong> the volume <strong>of</strong> the manhole, the<br />
manhole must be replaced at the Contractor's expense.<br />
In areas <strong>of</strong> high ground water the allowable infiltration shall not exceed<br />
0.3% per hour <strong>of</strong> the volume <strong>of</strong> the manhole.<br />
Test any water retaining structure or special manhole in accordance with<br />
this section.<br />
10.7. Testing And <strong>Commission</strong>ing General<br />
TABLE OF CONTENTS<br />
10.7 INSPECTION AND TESTING 18<br />
10.7.1 GENERAL 18<br />
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B2.1.2 INSPECTION 19<br />
B2.1.3 TESTS ON COMPLETION 20<br />
B2.1.4 TESTS AFTER COMPLETION 20<br />
B2.1.5 DESCRIPTION OF TESTS 20<br />
B2.1.5.1 SUPPLIERS AND SAMPLES OF MATERIALS 20<br />
B2.1.5.2 TESTING 21<br />
B2.1.5.3 INSPECTION AND TEST REPORTS 22<br />
B2.1.5.4 INSPECTION AND TESTING OF PIPELINES 23<br />
B2.1.5.4.1 General 23<br />
B2.1.5.4.2 Testing Gravity Pipelines 26<br />
B2.1.5.4.3 Testing <strong>of</strong> Pressure Pipelines 28<br />
B2.1.5.5 INSPECTION AND TESTING OF MECHANICAL EQUIPMENT 28<br />
B2.1.5.5.1 Inspection 28<br />
B2.1.5.5.2 HYDRAULIC PRESSURE TESTS 28<br />
B2.1.5.5.3 FACTORY TEST 29<br />
B2.1.5.5.4 PUMPS 29<br />
B2.1.5.6 INSPECTION AND TESTING OF PLANT 30<br />
B2.1.5.6.1 TESTING OF CONCRETE STRUCTURES DESIGNED<br />
TO RETAIN AN AQUEOUS LIQUID 31<br />
B2.1.5.6.2 TREATMENT PLANT AND PUMP STATION<br />
HYDRAULIC CAPACITY TEST 31<br />
10.8 COMMISSIONING OF THE WASTE WATER TREATMENT PLANT 31<br />
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10.7. Inspection and Testing<br />
10.7.1. General<br />
The Contractor shall be responsible for all arrangements in connection with the testing<br />
and inspection <strong>of</strong> all equipment before the commissioning test and shall give the<br />
Employer at least 7 days notice <strong>of</strong> the date when it is proposed to carry out any<br />
inspection or site tests. Full details <strong>of</strong> equipment to be tested and the proposed test<br />
procedures shall be given to the Employer not later than the notification <strong>of</strong> the test date.<br />
The Contractor shall be responsible for the supply <strong>of</strong> all water, power and materials<br />
required for carrying out the tests.<br />
All tests made by the Contractor shall be at the risk and expense <strong>of</strong> the Contractor.<br />
The Contractor shall inspect and test all Plant, Materials, parts <strong>of</strong> the Works and<br />
completed Works in accordance with the Conditions <strong>of</strong> Contract, Project Quality Plan<br />
(PQP), the Inspection and Test Plans (ITPs) and the requirements given in this<br />
document.<br />
The Employer and the Engineer shall have the right to inspect or test the Plant or<br />
Materials wherever it may be produced, tested, stored, transported or delivered, and the<br />
Contractor shall furnish the Employer and the Engineer with reasonable facilities and<br />
space (without charge) for carrying out these functions and for obtaining such information<br />
as the Employer and the Engineer considers is necessary to ensure that Plant and<br />
Materials are to the necessary standard and are being provided in accordance with the<br />
terms <strong>of</strong> the Contract.<br />
A manufacturer shall carry out or have carried out, at his own expense, all inspections<br />
and tests on Plant or Materials that are required by the relevant Specification and in<br />
accordance with the Contract. The manufacturer or a testing firm employed by the<br />
manufacturer shall certify all such tests <strong>of</strong> Materials and Plant including performance<br />
tests, carried out at the point <strong>of</strong> manufacture and assembly. Pre-printed certifications<br />
shall not be acceptable. All certifications shall be originals. The original <strong>of</strong> all<br />
manufacturer’s or independent laboratory’s certifications shall indicate the appropriate<br />
item <strong>of</strong> Plant and Materials, specifications, standards or other specific documents<br />
controlling the quality <strong>of</strong> that item, and shall include certified copies <strong>of</strong> test reports upon<br />
which the certificates are based. All Plant and Materials, which are specified, in the<br />
Contractor’s <strong>Document</strong>s, to be tested at the manufacturer’s premises shall satisfactorily<br />
pass the tests before being painted or otherwise covered.<br />
The results <strong>of</strong> each works and site test shall be noted on appropriate test certificate,<br />
which shall be signed by the senior representative <strong>of</strong> the Contractor responsible for<br />
conducting the test.<br />
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The Contractor shall supply to the Employer and Engineer prior to the shipment <strong>of</strong> any<br />
Plant or Materials a certificate stating that each item <strong>of</strong> Plant or Materials supplied has<br />
been subjected to the tests required by the Contract (including relevant standards<br />
specified or approved) and conforms in all respects to the Contract.<br />
Inspection and test reports (ITR) shall be submitted to the Engineer before the Plant or<br />
Materials are used in the Works, unless the Engineer directs otherwise. For all Plant,<br />
Materials and the Works subjected to inspection and testing, the next stage <strong>of</strong> execution<br />
or construction shall only be initiated after approval has been obtained from the Engineer.<br />
A report on the tests together with subsequent calculation, curves etc. shall be sent to the<br />
Employer within 14 days after the tests.<br />
In the event <strong>of</strong> any part <strong>of</strong> the equipment failing to meet the Specification, the Contractor<br />
shall immediately take steps to substitute other equipment capable for complying with the<br />
Specification.<br />
10.7.2. Inspection<br />
The Contractor shall carry out all inspections necessary to demonstrate that the<br />
manufacture <strong>of</strong> Plant, production and manufacture <strong>of</strong> Materials and all other execution <strong>of</strong><br />
the Works are in compliance with the requirements <strong>of</strong> the Contract and the Contractor’s<br />
<strong>Document</strong>s.<br />
The Engineer shall be entitled to inspect the Plant, Materials and the Works from time to<br />
time during and after manufacturing, production, installation or execution. The Engineer<br />
reserves the right to inspect all Plant prior to shipment and observe testing, at<br />
manufacturer’s premises or factory, <strong>of</strong> all major Plant, including motors, pumps,<br />
compressors, engine generators, and other Materials and Plant as determined by the<br />
Engineer.<br />
The Contractor shall give the Engineer written notice, well in advance, <strong>of</strong> the production<br />
or manufacture at Site or at a place <strong>of</strong>f the Site <strong>of</strong> any Plant or Materials to be used in the<br />
Works, stating place and time <strong>of</strong> manufacture or production so that the Engineer may<br />
make inspections at all stages <strong>of</strong> the manufacturing or production process. The<br />
Contractor shall also give written notice to the Engineer whenever any part <strong>of</strong> Works is<br />
ready, to enable the Engineer to make inspections, before it is covered up or put out <strong>of</strong><br />
sight. Failure to give such notice may result in the rejection <strong>of</strong> the Plant, Materials,<br />
component or any part <strong>of</strong> the Works, if the Engineer considers that his inspection was<br />
necessary to ensure compliance with the requirements <strong>of</strong> the Contract or Contractor’s<br />
<strong>Document</strong>s.<br />
The Contractor shall be responsible for reasonable transportation and accommodation<br />
costs that may be incurred by three persons per trip from the Employer to inspect the<br />
manufacturing/ production <strong>of</strong> or to witness the testing <strong>of</strong> Materials or Plant at<br />
manufacturers premises in any country other than Sri Lanka.<br />
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10.7.3. Tests on Completion<br />
The testing <strong>of</strong> pipelines will be made in sections before backfilling. The pipelines will be<br />
used for conveying wastewater to the pumping stations and the treatment plants. The<br />
tests on completion will not take place until the complete system is in function. The<br />
Contractor is fully responsible for maintenance and operation until the Employer’s Taking<br />
Over in accordance with the Contract.<br />
For each section the Contractor shall allow for a three months performance-testing<br />
period. During this period the performance <strong>of</strong> all plant in accordance with the Special<br />
Technical Requirements and the treatment plant efficiency performance in accordance<br />
with the Operational Requirements shall be proved.<br />
10.7.4. Tests after Completion<br />
Tests after completion will be made during a period <strong>of</strong> one year from the date <strong>of</strong> Taking<br />
Over Certificate. During this period the Contractor shall maintain all parameters in<br />
accordance with the Technical Requirements and the Operational requirements.<br />
During the Tests after Completion the Contractor shall provide a Qualified Engineer to<br />
guide the Employer in his testing and operation.<br />
10.7.5. Description <strong>of</strong> Tests<br />
10.7.5.1. Suppliers and Samples <strong>of</strong> Materials<br />
The list <strong>of</strong> suppliers, manufactures, and sources <strong>of</strong> material selected by<br />
the Contractor in his tender and approved by the Employer shall be<br />
submitted for the approval <strong>of</strong> the Engineer before the Plant and Materials<br />
are delivered to the Site or used in the Works, as appropriate.<br />
The Contractor will not be allowed to deviate in his choice from the plant<br />
and materials included in the Contract except in exceptional<br />
circumstances and only with written approval from the Employer.<br />
In order to assess the suitability <strong>of</strong> materials for the use in the Works, the<br />
contractor shall submit samples <strong>of</strong> Materials together with all relevant<br />
information from each supplier, manufacturer or source proposed by the<br />
Contractor for review and approval <strong>of</strong> the Engineer. Submission <strong>of</strong> the<br />
samples <strong>of</strong> Materials to be used in the Works shall be as specified in the<br />
Conditions <strong>of</strong> Contract. The quality <strong>of</strong> the Materials subsequently used in<br />
the Works shall not be inferior to the approved samples.<br />
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The method <strong>of</strong> sampling <strong>of</strong> materials for testing shall be as stipulated in<br />
the relevant Contractor’s <strong>Document</strong>s and the Contractor’s Quality Plan or<br />
as required by the Engineer. In general, samples obtained for testing<br />
shall be:<br />
• Selected by, and taken in the presence <strong>of</strong>, the Engineer or his<br />
representative, unless advised to the contrary;<br />
• Of sufficient size to enable all specified tests to be made; and<br />
• Protected, identified, handled and stored in an appropriate<br />
manner to prevent damage, contamination and changes to the sample<br />
properties following sampling.<br />
Shall be sufficient to ensure the correct classification <strong>of</strong> materials<br />
proposed for the Works taking into account the observed and anticipated<br />
variation in their properties.<br />
Shall not be less than two (2) for each source or supplier<br />
10.7.5.2. Testing<br />
The Contractor shall carry out all tests necessary to demonstrate that<br />
Plant, Materials and workmanship are in compliance with the<br />
requirements <strong>of</strong> the Contract and all tests necessary to be performed on<br />
completion <strong>of</strong> the Works.<br />
Notwithstanding the Inspection and Test Plans (ITP) submitted by the<br />
Contractor, and agreed in the approved PQP, the Engineer reserves the<br />
right, in accordance with the Conditions <strong>of</strong> Contract, to order additional<br />
testing to be carried out, if in the opinion <strong>of</strong> the Engineer, such additional<br />
tests are needed.<br />
The Contractor shall have one or more testing laboratories approved by<br />
the Engineer and may, at their discretion, establish an approved testing<br />
laboratory at the Site. Where tests shall be carried out in a testing<br />
laboratory, which provides specialist services for the specific types <strong>of</strong><br />
tests being performed, the Contractor shall submit full details <strong>of</strong> such<br />
testing laboratory or laboratories to obtain the approval <strong>of</strong> the Engineer.<br />
The Engineer shall have the right to check laboratory equipment in any<br />
proposed or approved laboratory, for compliance with the standards in<br />
the Contract and the Contractor’s <strong>Document</strong>s, and to check the<br />
laboratory testing procedures and techniques. If any approved laboratory<br />
fails this capability check, the Contractor shall reimburse the Employer<br />
the cost <strong>of</strong> the laboratory check or recheck, or for checking any<br />
subsequent laboratory.<br />
The Contractor shall not retain any testing laboratory against which the<br />
Contractor or the Engineer has a reasonable objection; and if at any time<br />
during the execution <strong>of</strong> Works, the services become unacceptable to the<br />
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Contractor, or the Engineer, either Contractor or the Engineer may<br />
request in writing that such services be terminated.<br />
This request must be supported with evidence <strong>of</strong> improper testing. If the<br />
Engineer and the Contractor determine that sufficient cause exists, the<br />
laboratory’s services will be terminated and the Contractor shall obtain<br />
the services <strong>of</strong> a different testing laboratory.<br />
The Engineer shall have the right to use the Contractor’s testing<br />
laboratory and equipment to make warranty tests and quality checks <strong>of</strong><br />
Contractor’s testing procedures, techniques, at no cost to the Employer.<br />
The Engineer may if he so wishes have the tests carried out by an<br />
independent agency. In the case <strong>of</strong> such independent tests, only where<br />
the results <strong>of</strong> these tests are satisfactory the cost <strong>of</strong> these tests shall be<br />
paid by the Employer, but the Contractor shall pay for any tests that give<br />
unsatisfactory results and for any subsequent tests needed to reassure<br />
the Engineer that the Plant, Materials or workmanship is in accordance<br />
with the Contract<br />
10.7.5.3. Inspection and Test Reports<br />
The Contractor shall submit to the Engineer, in the form <strong>of</strong> an inspection<br />
and test report (ITR), the outcome <strong>of</strong> the test or inspection as soon as<br />
practicable, and in any event no later than three (3) days, after<br />
completion <strong>of</strong> the inspection or the receipt <strong>of</strong> the test results.<br />
The ITR shall include, as a minimum, the following details:<br />
• Date issued;<br />
• Material(s) or element <strong>of</strong> construction tested and/or inspected;<br />
• Technical personnel supervising or carrying out the tests and/or<br />
inspections;<br />
• Location <strong>of</strong> the batch from which the samples were taken;<br />
• Precise location <strong>of</strong> the element <strong>of</strong> construction tested and/or<br />
inspected;<br />
• Place <strong>of</strong> testing, name <strong>of</strong> testing laboratory, address and<br />
telephone number;<br />
• Date and time <strong>of</strong> tests;<br />
• Weather conditions at the time <strong>of</strong> sampling, in situ testing or<br />
inspection;<br />
• Size and description <strong>of</strong> samples and specimens;<br />
• Method <strong>of</strong> sampling;<br />
• Properties tested or inspected;<br />
• Method <strong>of</strong> testing or inspection, including any deviation from<br />
standard test method;<br />
• Readings and measurements taken during the test and/or<br />
inspection;<br />
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• Tests results, including any calculations and graphs;<br />
• Inspection findings;<br />
• Other pertinent or relevant details;<br />
• The Contract requirements or the approved design requirements;<br />
and<br />
• Statement <strong>of</strong> compliance or otherwise with Contract<br />
requirements or the requirements <strong>of</strong> the approved design.<br />
10.7.5.4. Inspection and Testing <strong>of</strong> Pipelines<br />
10.7.5.4.1. General<br />
On completion <strong>of</strong> construction, internal surfaces <strong>of</strong><br />
pipelines shall be cleaned thoroughly in such a way as to<br />
remove all oil, grit and other deleterious matter. Before<br />
testing any pipeline, the Contractor shall ensure that it is<br />
anchored adequately and that thrusts from bends,<br />
branch outlets or from the pipeline ends are transmitted<br />
to solid ground or to a suitable temporary anchorage.<br />
Open ends shall be stopped with plugs, caps or blank<br />
flanges properly jointed.<br />
The Contractor shall notify the Engineer at least two<br />
clear workings days beforehand <strong>of</strong> his intention to test<br />
a section <strong>of</strong> pipeline.<br />
10.7.5.4.2. Testing Gravity Pipelines<br />
1. Gravity pipelines laid in open cut shall be tested after<br />
they are jointed and before any concreting or backfilling<br />
is commenced, other than such as may be necessary for<br />
structural stability whilst under test.<br />
2. The pipelines shall be tested by means <strong>of</strong> air and by a<br />
visual examination, in lengths determined by the course<br />
<strong>of</strong> construction, in accordance with a program submitted<br />
by the Contractor and approved by the Engineer.<br />
Generally pipelines will be tested as complete lines or<br />
between manholes. Visual examinations shall be done<br />
by mirror and light, in which case, deviation <strong>of</strong> plus or<br />
minus 20mm, i.e. for 160mm and 200mm pipelines a<br />
75% and 80% clear gauging is required.<br />
3. A further air test as detailed in section 10.7.5.4.2 b)<br />
shall be carried out after the backfilling is complete.<br />
Failure <strong>of</strong> this test may require a water test as detailed in<br />
Section 10.7.5.4.2 a).<br />
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4. When called upon, the Contractor shall arrange for<br />
CCTV survey <strong>of</strong> lengths <strong>of</strong> sewers, as and when, the<br />
Engineer may select it.<br />
This survey may be done following completion <strong>of</strong> certain<br />
sewer lines and/or will be done prior to the end <strong>of</strong> the<br />
defects correction period. Should however the inspection<br />
<strong>of</strong> the selected pipelines fail, the Contractor shall first<br />
rectify the faults and subsequently arrange for hire <strong>of</strong><br />
equipment and personnel to repeat the tests and for the<br />
survey <strong>of</strong> any other lengths which the Engineer may<br />
identify, at his own expense.<br />
The process shall be repeated at the Contractors<br />
expense until the Engineer is satisfied that the whole <strong>of</strong><br />
the works is constructed in accordance with the<br />
drawings and the Specifications.<br />
5. A pipeline shall have failed the CCTV inspection if any <strong>of</strong><br />
the following are identified:<br />
• Any evidence <strong>of</strong> cradling <strong>of</strong> the pipes;<br />
• Any evidence that the pipeline is out <strong>of</strong> tolerance<br />
(e.g. depressions with ponded water, bends in<br />
the sidewall);<br />
• Any dislocated or damaged joints;<br />
• Any evidence <strong>of</strong> infiltration;<br />
• Any projecting connections.<br />
a) Water Test for Gravity Pipelines<br />
1 The test pressure for gravity pipelines up to and<br />
including 750 mm nominal bore shall not be less than<br />
1.2m head <strong>of</strong> water above the pipe s<strong>of</strong>fit or ground water<br />
level, whichever is the higher at the highest point, and<br />
not greater than 6 m head at the lowest point <strong>of</strong> the<br />
section. Steeply graded pipelines shall be tested in<br />
stages in cases where the maximum head, as stated<br />
above, would be exceeded if the whole section were<br />
tested in one length.<br />
2 The pipeline shall be filled with water and a minimum<br />
period <strong>of</strong> 2 hours shall be allowed for absorption, after<br />
which water shall be added from a measuring vessel at<br />
intervals <strong>of</strong> 5 minutes and the quantity required to<br />
maintain the original water level noted. Unless otherwise<br />
specified, the length <strong>of</strong> pipeline shall be accepted if the<br />
quantity <strong>of</strong> water added over a 30-minute period is less<br />
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than 0.5 litres per linear meter per meter <strong>of</strong> nominal<br />
bore.<br />
3. For man entry Sewers special equipment is available o<br />
test joints or short section pipes insitu.<br />
Gravity pipelines exceeding 750 mm. nominal diameter<br />
shall either have short lengths or each joint individually<br />
tested by means <strong>of</strong> an approved joint testing apparatus<br />
with a hydraulic testing which shall consist <strong>of</strong> a ring to<br />
seal internally the joint surround and enclose the joint<br />
area which shall then be tested by pumping water into<br />
the sealed space until the pressure reaches 0.1N/mm 2 .<br />
A period <strong>of</strong> two hours shall be allowed for absorption.<br />
Thereafter the test pressure shall be maintained for 30<br />
minutes, and make up water shall be pumped in at 5-<br />
minute intervals if necessary to maintain the test<br />
pressure. The average quantity <strong>of</strong> make up water shall<br />
not exceed 0.002 liters per hour per millimetre <strong>of</strong><br />
nominal bore <strong>of</strong> the sewer at any joint tested.<br />
Sewer pipelines exceeding 750mm. diameter shall be<br />
visually inspected internally, before and after backfilling<br />
and any defects shall be remedied.<br />
Where required the sewer shall be tested for obstruction<br />
by the insertion and pulling through <strong>of</strong> twin-coupled<br />
rubber plungers <strong>of</strong> the same diameter as the sewer.<br />
All sewers, which in the opinion <strong>of</strong> the Engineer are<br />
submerged under the water table, shall be tested for<br />
infiltration after backfilling. All inlets to the system shall<br />
be effectively closed and the residual flow shall be<br />
deemed to be infiltration.<br />
b) Air Test for Gravity Pipelines<br />
Gravity pipelines to be air tested shall have air pumped<br />
in by suitable means until a pressure <strong>of</strong> 100 mm head <strong>of</strong><br />
water is indicated in a U-tube connected to the system.<br />
The pipeline shall be accepted if the air pressure<br />
remains above 75 mm head <strong>of</strong> water after a period <strong>of</strong> 5<br />
minutes without further pumping, following a period <strong>of</strong><br />
stabilisation. Failure to pass the test shall not preclude<br />
acceptance <strong>of</strong> the pipeline if a successful water test,<br />
ordered by the Engineer, can subsequently be carried<br />
out.<br />
c) Infiltration Test for Gravity Pipelines and Manholes<br />
1 Gravity pipelines and manholes shall be tested for<br />
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infiltration after backfilling. All inlets to the system shall<br />
be effectively closed, and any residual flow shall be<br />
deemed to be infiltration.<br />
2 The pipeline, including the manholes, shall be accepted<br />
as satisfactory if the infiltration, including infiltration into<br />
manholes, in 30 minutes does not exceed 0.5 litres per<br />
lineal meter per meter <strong>of</strong> nominal bore.<br />
3 Notwithstanding the satisfactory completion <strong>of</strong> the above<br />
test, if there is any discernible flow <strong>of</strong> water entering the<br />
pipeline at a point which can be located either by visual<br />
or CCTV inspection, the Contractor shall take such<br />
measures as are necessary to stop such infiltration.<br />
4 The above conditions must be met to the satisfaction <strong>of</strong><br />
the Engineer before taking over.<br />
10.7.5.4.3. Testing <strong>of</strong> Pressure Pipelines<br />
1. Gauges used for testing pressure pipelines shall either<br />
be <strong>of</strong> the conventional circular type, not less than 200<br />
mm diameter, calibrated in meters head water, or shall<br />
have a digital indicator capable <strong>of</strong> reading increments <strong>of</strong><br />
0.1 m head. Before any gauge is used, the Contractor<br />
shall arrange for it to be checked independently and a<br />
dated certificate <strong>of</strong> its calibration and accuracy shall be<br />
provided.<br />
2. Before testing, valves shall be checked and sealed, the<br />
sections <strong>of</strong> main filled with water and the air released.<br />
After having been filled, pipelines shall be left under<br />
operating pressure for a period <strong>of</strong> not less than 02 hours<br />
to allow for absorption in to the concrete lining so as to<br />
achieve conditions as stable as possible for testing.<br />
3. The pressure in the pipeline shall then be raised steadily<br />
until the test pressure is reached in the lowest part <strong>of</strong> the<br />
section, and the pressure shall be maintained at this<br />
level, by pumping if necessary, for a period <strong>of</strong> one hour.<br />
The pump shall then be disconnected, and no further<br />
water shall be permitted to enter the pipeline for a further<br />
period <strong>of</strong> one hour. At the end <strong>of</strong> this period, pumping<br />
shall restore the original pressure and the loss measured<br />
by drawing <strong>of</strong>f water from the pipeline until the pressure<br />
at the end <strong>of</strong> the test is again reached. Test pressures<br />
shall be advised to the Contractor by the Engineer, but<br />
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shall not be less than the greatest <strong>of</strong> 150% <strong>of</strong> the highest<br />
working pressure or 120% <strong>of</strong> the maximum surge<br />
pressure for the respective pipeline.<br />
4. The permissible loss shall not exceed 2 litres per metre<br />
nominal bore per kilometre length per metre head<br />
(calculated as the average head applied to the section)<br />
per 24 hours.<br />
5. Testing shall not be carried out against closed valves;<br />
suitable methods <strong>of</strong> isolating lengths <strong>of</strong> pipeline shall be<br />
proposed by the Contractor for the approval <strong>of</strong> the<br />
Engineer. These methods shall include for the<br />
restraining <strong>of</strong> the pressure force to the capped ends <strong>of</strong><br />
the pipelines by means <strong>of</strong> thrust blocks or otherwise.<br />
6. In addition to the tests on separate sections, the whole<br />
pipeline shall be tested on completion to the same<br />
pressure and by the same procedures as that outlined<br />
for individual sections.<br />
7. Where a new pipeline is to connect to an operational<br />
pipeline the final connection shall be inspected visually<br />
under normal operating pressure and there shall be no<br />
visible leakage.<br />
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10.7.5.5 Inspection and Testing <strong>of</strong> Mechanical Equipment<br />
10.7.5.5.1 Inspection<br />
Inspection shall be carried out according to a schedule<br />
provided by the Contractor and shall be attended by the<br />
Employer or its representative upon request.<br />
The Contractor shall present the guaranteed figures <strong>of</strong><br />
output, kilowatt input, overall efficiency, and capacity<br />
etc., given in the Specifications and the Schedules to the<br />
Employer.<br />
He shall also satisfy the Employer as to the mechanical<br />
reliability <strong>of</strong> the Plant and its ability to fulfil the whole <strong>of</strong><br />
requirements.<br />
The Contractor shall satisfy the Employer as to the<br />
accuracy <strong>of</strong> all test instruments and shall produce recent<br />
calibration tests or have them calibrated at his own<br />
expense by an independent authority.<br />
The purpose <strong>of</strong> inspection is to have installation<br />
complete before commissioning tests.<br />
10.7.5.5.2 Hydraulic Pressure Tests<br />
All castings, valves, pipe work and any other part <strong>of</strong> the<br />
equipment liable to be subjected to pressure shall be<br />
hydraulically works tested to the requirements <strong>of</strong> the<br />
relevant standard. Valves shall be tested to ensure they<br />
are drop tight.<br />
Pipe work shall be tested according to standard for<br />
pressure test before installation <strong>of</strong> pumps or other<br />
relevant equipment included in pipe system to avoid<br />
damage if necessary to re-erect pipe work tested.<br />
10.7.5.5.3 Factory Test<br />
Equipment for factory test shall be tested at the<br />
manufacturer's works. The Employer, or its<br />
representative, upon request, shall carry out the tests<br />
under supervision.<br />
The Contractor shall provide test certificates <strong>of</strong> tests that<br />
they have been satisfactorily carried out. The Employer<br />
and/or its representatives shall be pre-notified three<br />
weeks before factory test to be able to visit the test.<br />
Equipment for factory test:<br />
• Blowers;<br />
• Pumps with capacities from 600 m 3 /h and/or<br />
motor larger than 37kW;<br />
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• Generators;<br />
• Other equipment <strong>of</strong> dignity. The tests include:<br />
• Visual inspection;<br />
• Measurements;<br />
• Capacities;<br />
• Welding;<br />
• Coating;<br />
• Numbers <strong>of</strong> delivery;<br />
• Noise;<br />
• Vibrations.<br />
10.7.5.5.4 Pumps<br />
All pumps shall be tested after installation as follows:<br />
• Complete with all shaft bearings, thrust bearings<br />
and directly driven auxiliaries or, where this is<br />
impracticable, the Contractor shall state what<br />
allowances shall be made for losses incurred by<br />
these items, and shall demonstrate the accuracy<br />
<strong>of</strong> these allowances to the satisfaction <strong>of</strong> the<br />
Employer.<br />
The pumps shall be tested in the factory <strong>of</strong><br />
origin; test certificates have to be handed over to<br />
the Employer.<br />
The pumps shall be tested under the following<br />
conditions:<br />
a) The pumps shall be driven by their own electric<br />
driven motor.<br />
b) During testing also the power absorbed by the<br />
motor shall be measured.<br />
c) Each required set <strong>of</strong> observations should at<br />
least have observations <strong>of</strong> four duty points <strong>of</strong><br />
each pump. These 4 points are:<br />
• Rated capacity;<br />
• Maximum allowable load capacity;<br />
• Minimum allowable load capacity;<br />
• Zero capacity.<br />
d) In the event that pumps have to operate in<br />
duty-points where the available NPSH<br />
is less than 3 m w c more than the required<br />
NPSH, the required NPSH curve shall<br />
be tested in several extra duty-points.<br />
Archimedean screw pumps will not normally be<br />
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hydraulically tested in the works but individual items <strong>of</strong> plant shall<br />
be tested and inspected.<br />
10.7.5.6 Inspection and Testing <strong>of</strong> Plant<br />
The Contractor shall inspect all Plant before installation to ensure that<br />
the specifications are correct and no obvious damage has occurred<br />
during transit and storage.<br />
The tests shall include the setting up and adjustment procedure in<br />
accordance with the manufacturer's instructions to ensure conformity<br />
with the specification stated by the manufacturer.<br />
An experienced, competent, and authorized representative <strong>of</strong> the<br />
manufacturer <strong>of</strong> each major item <strong>of</strong> Plant or a competent representative<br />
from a main supplier <strong>of</strong> all equipment, as agreed with the Engineer, shall<br />
visit the Site and inspect, check, adjust if necessary, and approve the<br />
Plant installation. In each case, the manufacturer’s representative shall<br />
be present when the Plant is commissioned. The manufacturer’s<br />
representative shall visit the Site as <strong>of</strong>ten as necessary until all problems<br />
are corrected and the Plant installation and operation is fully satisfactory<br />
to the Engineer. Each manufacturer’s representative shall furnish the<br />
Engineer, through QA Manager, a written report certifying that the Plant<br />
has been properly installed and lubricated; is accurately aligned, free<br />
from any undue stress exerted by connected piping or anchor bolts; and<br />
has been operated satisfactorily under full load conditions during testing.<br />
The Contractor shall test all items <strong>of</strong> Plant after installation, for proper<br />
operation, efficiency and capacity. The Contractor’s operation tests for<br />
each piece <strong>of</strong> Plant shall continue for at least eight hours without<br />
interruption. All moving parts <strong>of</strong> Plant and machinery shall be carefully<br />
tested for operation, and adjusted so that all parts move freely and<br />
operate satisfactorily without risk. All parts shall operate satisfactorily in<br />
all respects, under continuous full load and in accordance with the<br />
specified requirements during the complete eight-hour test period. If any<br />
part <strong>of</strong> a unit shows evidence <strong>of</strong> unsatisfactory or improper operation<br />
during the eight-hour test period, correction or repairs shall be made and<br />
the full eight-hour test operation, as specified, shall be repeated after all<br />
parts operate satisfactorily. If adequate wastewater is unavailable, fresh<br />
water from nearby streams or lagoons may be used for testing.<br />
Field performance tests <strong>of</strong> all process and pumping equipment, drive<br />
motors, including accessories, shall be made in accordance with the<br />
appropriate and approved test codes and standards.<br />
Field-testing shall be conducted after the Work is substantially complete<br />
so each item <strong>of</strong> equipment is ready for integrated operation with other<br />
equipment at the plant. Testing, measuring, and calibrating procedures<br />
shall be submitted to the Engineer for review and acceptance prior to<br />
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Development <strong>of</strong> Atchchuvali Industrial<br />
Estate in Jaffna District, Sri Lanka<br />
Specifications – Waste Water Drainage System<br />
Plant start-up and field-testing.<br />
All Plant shall be tested continuously under actual or simulated operating<br />
conditions. The manufacturer’s representative shall make all necessary<br />
field adjustments and correct defects in materials or workmanship during<br />
this test period.<br />
The Contractor shall properly fill the Plant, with oil and grease, and<br />
furnish all power, personnel, water, chemicals, fuels, oil, grease, and<br />
necessary accessories to conduct the testing <strong>of</strong> the Plant for operation,<br />
efficiency and capacity.<br />
10.7.5.6.1 Testing <strong>of</strong> Concrete Structures Designed to Retain<br />
an Aqueous Liquid<br />
After cleaning, and as far as practicable before any earth<br />
or other filling is placed against the outside wall faces,<br />
concrete structures designed to retain an aqueous liquid<br />
shall be filled with water at a uniform rate <strong>of</strong> not greater<br />
than 2 m in 24 hours. A period <strong>of</strong> 15 days shall be<br />
allowed for stabilization, after which the water level shall<br />
be recorded by a hook gauge with vernier attachment or<br />
by other approved means at 24 hour intervals for a test<br />
period <strong>of</strong> 7 days. During the test period the total<br />
permissible drop, after allowing for evaporation and<br />
rainfall, shall not exceed 1/500 <strong>of</strong> the average depth <strong>of</strong><br />
the full tank or 10 mm, whichever is the less.<br />
Notwithstanding the satisfactory completion <strong>of</strong> the above<br />
test, any leakage visible on the outside faces <strong>of</strong> the<br />
structure shall be stopped. Any caulking or making good<br />
<strong>of</strong> cracks in the wall section shall, where practicable, be<br />
carried out from the inside face.<br />
10.7.5.6.2 Treatment Plant and Pump Station Hydraulic<br />
Capacity Test<br />
The Contractor shall test the complete facilities <strong>of</strong> the<br />
WWTP and Pumping Stations, or representative portions<br />
acceptable to the Engineer and the Employer, to show<br />
that all the facilities have the hydraulic capacity to<br />
receive the maximum hour flow rates calculated to meet<br />
the Design requirements without flooding any portion <strong>of</strong><br />
the plant, submerging any weirs in the process flow, or<br />
topping any structure walls. Hydraulic testing shall be<br />
conducted at a time acceptable to the Engineer and the<br />
Contractor, as soon as possible after completion <strong>of</strong><br />
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Development <strong>of</strong> Atchchuvali Industrial<br />
Estate in Jaffna District, Sri Lanka<br />
Specifications – Waste Water Drainage System<br />
construction. If the Contractor fails to show that the<br />
hydraulic capacity <strong>of</strong> the facility is equal to or greater<br />
than the specified maximum hour flow rate, in the<br />
opinion <strong>of</strong> the Engineer, the Contractor shall correct all<br />
deficiencies and repeat the required tests. All tests shall<br />
be completed within 180 (one hundred and eighty) days<br />
after actual completion <strong>of</strong> construction. The Contractor is<br />
responsible to obtain the required flow rate, which may<br />
be from nearby lakes or lagoons, if approved by the<br />
Engineer.<br />
The Contractor shall likewise test the pump stations to<br />
show that the entire hydraulic flows, for which the<br />
Pumping Stations were designed, can be pumped<br />
through the Pumping Stations and Force Mains.<br />
10.8 <strong>Commission</strong>ing Of The Waste Water Treatment Plant<br />
The contractor should fill up all ponds <strong>of</strong> the waste stabilization pond system (Facultative pond<br />
1,2, maturation pond 1-3) with non potable water after completion <strong>of</strong> the construction work <strong>of</strong> the<br />
pond system to the satisfaction <strong>of</strong> the engineer. It is the responsibility <strong>of</strong> the contractor to fill up<br />
with non potable water up to the top water level <strong>of</strong> all ponds. Upon filling <strong>of</strong> the pond system non<br />
potable water engineer will check leak tightness <strong>of</strong> pond and give his clearance to discharge<br />
wastewater to pond system. Contractor should also introduce Thilapia fish to maintain pond 3 to<br />
serve as a indirect measure <strong>of</strong> water quality<br />
July 2012 Page 32