Water Treatment Plant BOT (New build only) - PPP in Infrastructure ...

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2013. STAFF, LABOUR AND SITE13.1 Engagement of Staff and LabourThe Supplier shall make its own arrangements for the engagement of all staff andlabour, local or otherwise. 513.2 Health and SafetyThe Supplier shall comply with all applicable safety regulations in its design, accessarrangements and operations on Site. Precautions shall be taken by the Supplier toensure the health and safety of its staff and labour. The Supplier shall maintainreasonable records and make reports concerning health, safety and welfare of persons,and damage to property.The Supplier shall appoint a member of its staff to be responsible for maintaining thesafety, and protection against accidents, of personnel on the Site. This person shall bequalified for his work and shall have the authority to issue instructions and takeprotective measures to prevent accidents. The Supplier shall send to the Purchaserdetails of any accident as soon as possible after its occurrence.13.3 Supplier's PersonnelThe Supplier shall employ (or cause to be employed) only persons who areappropriately qualified, skilled and experienced in their respective trades oroccupations. The Supplier shall at all times take all reasonable precautions to preventany unlawful, riotous or disorderly conduct by or amongst its staff and labour, and topreserve peace and protection of persons and property in the neighbourhood of theServices against such conduct.14. VARIATIONS14.1 Right to VaryVariations may be initiated by the Purchaser at any time after the Effective Date andbefore the Expiry Date, either by instruction or by a request for the Supplier to submita proposal. If the Purchaser requests the Supplier to submit a proposal andsubsequently elects not to proceed with the change, the Supplier shall be reimbursedby the Purchaser for the Cost incurred, including design services.The Purchaser shall not be entitled to request a Variation which would reduce thescope of the Facility and/or the Services.The Supplier shall not make any alteration and/or modification of the Services, unlessand until the Purchaser instructs or approves a Variation.5 This assumes situation where Supplier is not taking on staff from Purchaser. If this is not the case,need to consider labor laws to determine whether staff can be transferred to Supplier, on what termsetc.PPP in Infrastructure Resource Center for Contracts, Laws and Regulations (PPPIRC) Reviewed: Victoria R. Delmon, LEGPShttp://www.worldbank.org/ppp November 2007
2114.2 Value EngineeringThe Supplier may, at any time, submit to the Purchaser a written proposal which inthe Supplier's opinion will reduce the cost of constructing, maintaining or operatingthe Facility, or improve the efficiency or value to the Purchaser of the completedFacility, or otherwise be of benefit to the Purchaser. Any such proposal shall beprepared at the cost of the Supplier and shall include the items listed in Sub-Clause14.3.14.3 Variation ProcedureIf the Purchaser requests a proposal or instructs a variation, the Supplier shall submit,as soon as practicable:(a)(b)(c)a description of the proposed design, work and/or services to be performedand a programme for its execution;the Supplier's proposal for any necessary modifications to the programmeaccording to Sub-Clause 4.8; andthe Supplier's proposal for adjustment to the Charge, Time for Completionand/or modifications to the Contract.The Purchaser shall, as soon as practicable after receipt of such proposals, respondwith its approval, rejection or comments. If a Variation is to be carried out, theParties must first agree adjustments to the Charge, Time for Completion and ExpiryDate, modifications to the Contract and who is to obtain any necessary Permits andthe relevant Party shall obtain such Permits.Adjustment of the Charge shall include profit and cost of financing, and shall takeaccount of the Supplier's submissions under Sub-Clause 14.2 and any rates set out inthis Contract.14.4 Right or RefusalThe Supplier shall have the right to refuse a Variation requested by the Purchaser if:(a)(b)(c)the Supplier reasonably considers that the Variation, if implemented, wouldhave a material adverse effect on the Supplier’s ability to provide the Servicesor perform its obligations under or in connection with this Contract;the Variation would cause the Supplier to breach any Permits; orthe Variation would, if implemented, materially adversely affect the health andsafety of any person or give rise to a breach of any Applicable Law.14.5 Base Monthly ChargeIf whilst implementing the Variation, the Variation affects the ability of the Supplierto provide the whole or part of the Services or fulfil its obligations under or inconnection with this Contract the Supplier will be entitled to be paid the BaseMonthly Charge.PPP in Infrastructure Resource Center for Contracts, Laws and Regulations (PPPIRC) Reviewed: Victoria R. Delmon, LEGPShttp://www.worldbank.org/ppp November 2007
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Page 9 and 10: 92.2 Failure to Meet Conditions Pre
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Page 23 and 24: 2315.3 TaxesThe payments to be made
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Page 33 and 34: 3319. FORCE MAJEURE19.1 Definition
Page 35 and 36: 35keep further contemporary records
Page 37 and 38: 37(b)The Purchaser shall indemnify
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Page 41 and 42: 41SCHEDULE 2REPORTSThe Supplier sha
Page 43 and 44: 43SCHEDULE 4FEES AND CONSEQUENCES O
Page 45 and 46: 45an amount comprising costs of wor
Page 47 and 48: 47SCHEDULE 6INSURANCEPPP in Infrast
Page 49 and 50: 49SCHEDULE 8[LICENCE/LEASE]PPP in I
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Water Treatment Plant BOT (New build only) - PPP in Infrastructure ...

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