CIDA SBD 02.pdf

APPROVED BY NPA

ICTAD/SBD/02

Institute for Construction
Training and Development (ICTAD)

STANDARD BIDDING DOCUMENT
PROCUREMENT OF WORKS
MAJOR CONTRACTS

‘Second Edition - January 2007

MINISTRY OF HOUSING AND CONSTRUCTION

Published by

Institut for Construction Training and Development (ICTAD)
“Savsiripaya”

123. Wijerama Mawatha

Colombo 07.

First Edition - September 2003
First Edition (Revised) - January 2006
Second Edition - January 2007

Copyright reserved

No part of this publication
stall” be reproduced or
transmited in any form or by
any means without permission
(ofthe publisher.

PREFACE TO THE SECOND EDITION

ICTAD Stonderd Bidding Documents were revised 10 be in ine with the Procurement
Guidelines (Goods & Works) - 2006 of National Procurement Agency (NPA)

Me. Jayaniha De Mel, Procurement Consultant volunteered to serve at a resource person
lor the revision and the ICTAD Sub Committee, compriing of Dr. E M G de Zywa
[CEO/CIGF) Mr. H D Choncrosena (sr. Quantity Surveyor), Mr. D R N Fercinando [Sr
Engineer. Mr. K Lonkatloke (OG/ICTAD). Me. K P W Rojas (0. Dev.ICTAD], Mis. Voto
Ranasnghe (DD/ICTAD) reviewed and recommended the revison to the Steering
‘Committee on ICTAD Publications.

The Steering Committee on ICTAD Publications which consisted of representatives trom the
Insttution of Engineers Sá Lanka, Si Lanka Insitute of Architects, Society of Structural
Engineers $f Lanka, Association of Cónsuling Engineers Si Lanka, Insllule of Quant
Surveyors Sá Lanka, Insitute of Town Planners Si Lanka, Insite of Project Managers Si
Lanka, National Consvction Association of ı Lanka, Miishy of Housing and Construction,
Insitute for Consiuction Training and Development. recommended this revisan for the
‘opproval of Board of Management of ICTAD.

The Board of Management of ICTAD approved the recommendations of the Steering
Commitee.

ls 10 acknowiedgo the co-operation extended by Mr. Daya Liyanage, Cholman/C£O,
National Procurement Agency in this endeavour. | foke this opporuniy to extend my
graleful thnks for the services rendered by the "NPA Task Force on Standard Bideing
Documents" at the previous revision. In Ins connection the contibutions made by M.
Konika Joyathitake, former Senior Manager. Legal of NPA regarding the legal aspect of he
¡contents of he document much appreciated.

| wish to toke this opportunity 10 express my sincere gratlude fo the resource person, the
members ofthe sub committee and the Steering Committee on ICTAD Publications for the
valuable contibutions made forthe successtu completion of thisreviion,

1 oppreciate the assstance rendered by Mis. Dammika Gunasekara lor the secretarial work
‘and the staff of the Development Division of ICTAD, who contibuled in numerous ways in
the publication of his document.

| wish to present this Second Edtion to the Construction Industy with confidence
‘considering the corel thinking and hard work put in by those Involved.

v

a

VIDYAIYOTH PROF. LAKSHMAN Aus
CHAIRMAN = IGTAD

1 Jarry 2007 A

Foreword

‘To streamline the procurement process in Sri Lanka the Government has decided to
develop a series of Standard Bidding Documents for procurement of Goods and
‘Works. The Cabinet of Ministers has enrusted this tsk to NPA. The Procurement
Guidelines (2006) requires that al PE shall use the appropriate SBDS approved by
NPA. Accordingly, as a joint effort of NPAVICTAD the SBDs published previously
by ICTAD were revised for conformity withthe Guidelines.

‘This Bidding Document for Procurement of Works (Major Contracts) shall be used
for National Intemational Competitive Bidding within the limits specified in the
SSBD, for the contracts that are financed by Government of Sri Lanka.

‘These Bidding Documents for Procurement of Works (Major Contacts), is suitable
to use with or without prequaliiation procedures, However, ICTAD registration is à
pre-requisite to eligible for contract award and for all domestic contractors, and =
suitable post qualification should be carried out.

1 take this opportunity to thank the following TASK force members appointed by
[NPA in assisting to complete this endeavor:

Mr. K Lankathilake (DG - ICTAD)

Ms. K Jayathiake (Sm. Manager - NPA)

Ms. § MC $ Samarakoon (Chief Engineer - Dept of Buildings)
Mr.Ravindra Ferdinando GM- SEC)

Mer. Nalaka Perera (SLIA)

‘National Procurement Agency

PREFACE TO THE FIRST EDITION

‘he naive fer Construction ring and Development (CTAD) developed a sere ol Sander Bing
‘Sscuments fo Ihe Conaructon Indus, consequent o toques made by severe sects of Ihe
indus. These Standard document simply the roves. reduce me of procuremen!, wie dect,
‘ho unos to comply wi the Government Tender rocas.

mu Standard Big Document for Majo Contacts one such document nd wos prepared by
Ne. Joyanina de Mel in ampaiaton vin hr H D Chancrareno, under te guidance ofthe "Ste,
Common on Row of CTAD Publcatons.

Tri document recommended er busing ond ci enginaeing projects large values ond complex
[nature Under ho val rangement lr Mu ype of eonroct, e Contacto consrucls the wort
‘occotonce wit desgn provide by the employer and the confectr pad on meas & pay
Pas. Anoier Imparion feature of hs Stondor Bing document le ha! he ene document could
Serve a one volume when ving i

In reparation o thi Standard Bicing Document, he HDI “Contons of Contac or Constan =
[fest Calton 1999" was use ar a guido, The Stondord Being document wil supersede Ihe "CIAO.
Condon of Conracı or Wert 1 Bung & CM Engineering CA. Revised Elon = January 1987",

Ihe Slering Committe, which costed of reprezetaives rom the foiowng Potesional and Poy
Making Orgonzatons recommend hi ection ula documen! o replace the previous eins.

‘The nsttuien 01 Enger, Stanko
‘Lanta inte ofits

Society of Structural Engines, Stanko,

The Association af Consulting Engineers. Lanka

Instote of Quanity Survey Lanka

netto of Town Planners Sf Lanka.

Flute of reject Manogen. Lanka

National Comraction Aociton ofS Lanka

9. Mine of Houing and Panatoninfostuctore

10. imite or Construction Traing ond Development (ICTAD)

Pnansenr

‘he Board Management ofICTAD approved the recommendations ofthe Seeing Commitee,

in to acknowacge win gratetul hanks the services of Me Jayanthe de Ma & M HD Choncrasena.
‘ond athe member of the teerag ana &up-Cammie. Momie my special Inans a
‘ho due lo De À D € Jayanandona. Ms A Korunarino, Me. Eo de Tia, Dr. Gomar Kodkcre.
Arch. Joyentna Perera, Be TM Palewaie, En, W M 5 © Pad, Me. Mamal À Ple, Dr. Logan
‘Gonorano, Mr ST Sumanosekere, M. Rohan uc M. Ananda Rorioinghe, Mr. JK Lankliake,
NER W Rojte Mas Vo Ronosnghe, M. € Amoroncon nthe si of ne Developmen! Don ol
ICHAD, uno Sonibied ln numero: ways he publication ná document 1.30 appreciate he
‘retoral oxstance rendered by Mr La Rajon.

Lam content that hs document wi be acceptable fo a paris concemed and wil be wre in he
Hozuremen! lino and cx engineering were tanto

ment
sxacodeusooe
u

‘September 2003.

w

CONTENTS

Page
GUIDELINES FOR USE AS A BIDDING DOCUMENT y
APPLICABILITY OF ICTAD STANDARD BIDDING DOCUMENTS si
FORMATS FOR INVITATION FOR BIDS 1s
SECTION |= INSTRUCTIONS TO BIDDERS 724
SECTION 2 BIDDINODATA 2531
SECTION 3 CONDITIONS OF CONTRACT 3396
SECTION 4 = CONTRACT DATA ma
SECTION $= STANDARD FORMS [CONTRACT] isan
SECTION 6 — - _ SPECIFICATIONS Er
SECTION 7 FORMOFBID most
SECTION 8 BILLS OF QUANTITIES 133257
SECTION 9 = SCHEDULES 159449
SECTION 10 - DRAWINGS 11
SECTION 11 - STANDARD FORMS IBID] 155187

(CHECKLIST FOR BIDDERS 159

Guidelines for Use as a Bidding Document

“This Standard Bidding Document (SBD) is intended for use in measure and pay contracts.
I includes many guidance notes to the user. Hence this publication is not intended to use
as a bidding document for a specific procurement. Pouring Entities (PEs) are advised to
use Volume 1 and Volume 2, which are published separately as the bidding document for
a specific procurement. The users are advised to follow the directions given below:

{All the sections listed in the Contents page are included in this publication.
Since colour system is used the PEs shall not use photo copies of
Volume 1 when inviting bids. Volume 1 is published separately for that
purpose. PES may prepare Volume 2 based on the guidance given in this
document. The Volume 2 is available in a CD form.

(6) Volume 1 consists of,
© Section I Instructions to Bidders
+ Section 3 - Conditions of Contract
‘© Section $ - Standard Forms (Contract)

Volume 2 consists of,
+ invitation for Bids

Section 2- Bidding Data

Section 4 Contract Dat

Section 6 ~ Specifications

Section 7 Form of Bid

Section 8 ~ Bills of Quantities

Section 9 Schedules

Section 10 ~ Drawings

‘Section 11 ~ Standard Forms (Bid)

“The foot notes in this publication are guidance for the PE, for the purpose
of preparing of bidding documents. Volume 1 and Volume 2 which are
published separately will not contain foot notes except in the Standard
Forms.

(©) This SBD is suitable for all procurements of works financed under the
‘consolidated fund or private sector. The SBD is also suitable for NCB
procurements under foreign funded projects with the concurrence of the
foreign funded agency. Modifications or amendments tothe Volume 1 of
this bidding document should not be done unless they are really
essential. Any such changes should be provided only in the Volume 2,
Section 2 - Bidding Data and Section 4 - Contract Data as amendments
10 Instructions to Bidders and Conditions of Contract respectively only with
the prior consent ‘of the Institute for Construction Training and
Development (ICTAD),

APPLICABILITY OF ICTAD STANDARD BIDDING DOCUMENTS FOR PROCUREMENT
OF WORKS

STANDARD BIDDING DOCUMENT PROCUREMENT OF WORKS FOR MINOR
‘CONTRACTS - ICTAD/SB0/03

(1) Recommend for use for works contacts up 10 Rs.10 miñon.
STANDARD BIDDING DOCUMENT FOR PROCUREMENT OF WORKS - ICTAD/SBD/O1
{N Recommended for use on works contracts between Rs. 10 milion and Rs,

100 milion,

(2) May be used for works of higher values, which are not of a complex
nature.

STANDARD BIDDING DOCUMENT PROCUREMENT OF WORKS FOR MAJOR
‘CONTRACTS ~ICTAD/SBD/02,

{N Recommended for use on works contracts over Rs. 100 milion and for
contracts of a lesser value, which are of a complex nature.

STANDARD BIDDING DOCUMENT PROCUREMENT OF WORKS FOR DESIGN AND BUILD
CONTRACTS - ICTAD/SBD/04

Recommended to use for works contracts where the contractor is responsible for
the design and construction of the works on specified approvais obtained from
the Employer.

22869 conos SEX 900 ed, an comete emigra - ICTAD/SBD/OS
e (cod ada 10)

(1) And Ban 10 50) 2 28809 eoraions cx Seda a ced.
STANDARD BIDDING DOCUMENT PROCUREMENT OF WORKS FOR SHOPPING
PROCEDURE - ICTAD/S8D/06 (Under Preparation)

(1) Recommended for use on works contracts not exceeding Rs. 5 lion
when shopping procedure is used.

STANDARD BIDDING DOCUMENT PROCUREMENT OF WORKS FOR CONSTRUCTION
RELATED PLANT - ICTAD/SBD/07 (Under Preparation)

(1) Recommended lo use when procuring construction related plant such os
central ai-condilon systems, elevator, large generators eic. where
substantial instalation i involved.

FORMATS FOR

INVITATION FOR BIDS (IFB)

Note

The relevant form shall be fled by the Procuring Ent and
Included in Volume 2 of he Biking document

Nowe
Bidders are advised to consider the information printed
In ble colo in the document ar a checklist when
prepare ther bl. However, she responsibly of
the bidders to comply wi al the requirements given In
the bidding document.

ova fu is
Invitation for Bids!
(OVITH PRE-QUALIFICATION)
su Fate}
To: fname of Contractor]
adress)
‘Contract Name, and Identification No .
Dear Sin:

1. We hereby inform you that
the above cited Contac.

onbehal

as pre

id you for bidding for

2. We now invite you and other pre-qualified bidders to submit sealed Bids for the execution and
completion ofthe cited Contract

>: Yow may bil Frhr iteration fom, and ope and sai the ii document

4. Bid shouldbe submited onthe forms available rom”. ‚Non a payment of
non-refundable tender fee of Rupees so
‘Bidding documents may be inspected rd
Bids shal be valid upto?

:
:

: en

:

Sealed Bids maybe deiverep be

‘The construcion periode” | a o

«and willbe opened soon after the

representatives are requested tobe present the opening of Bids

ip of this letter immediately in writing. If you do not intend to Bid, we
being so notified also in writing a our list opportunity

Yours truly,

‘Authorized signature

Name and tle

Th same atin for Bsa be aed wen pre quan Gs haben dren
Irre he nern Prcaemen Connie (ARE MPC: DPC. PC

Insert nan of rc Ey

Ur nam fair. ae sine ber ond plo

Plc of seo bin daemons

Cnn du e of dg damen Shue one dy pr aie for subio ef Bi

ai ee euro ele a of ng dunes

Iter con pe lng drames

tert aii se of is, hd be ome Bg Date SbCl 1

The moun shal be sam ar Bing Data Su la 17.1

‘dirs hal Bsn a ig Data Suba 212)

mr meer ef Day

Cling tne of ie

ote of clo of i

CONTENANT BF CEA

Invitation for Bids (IFB)
(GOSL FUNDED PROJECTS)
{AI notes given inside the square brackets should be deleted when preparing the Volume 2 ofthe
‘bidding document]
"insert: name of Procuring Ent (relevant name ofthe Mini)
insert: Tie of Contact & Contract (Bid) Number]

1. The Chainman insert MPC/DPC/PPCIRPC as appropriate} on behalf of the [insert name of
Procuring En] now invites sealed bids from eligible and qualified bidders for
‘construction renovation/ebabiltation/eurbishmenuepai” of inser the eof the Works 1o be

procured) as described below and estimate o cos insert relevant costo construcion nthe latest
TCE (Total Cost Estimate)]

set a brief description of he Work including major quantities, location of projet and other
nero nca 1 enable poten Bla 1 decide wher pa respond the
Ina. The comirction period is [insert no, of Day). AN

2. Bidding wil be conducted through National Competitivo AA A

3. To be eligible fo contract award, he
ae er oe

yall ie nd at
cal

re er insert key tecnica, ancl.
en vr 0

5 Mers Pr atematon from [insert name of Procuring Entiy: insert

in charge) ad np he ding documents athe adress
ten Lu ET bm ecos hr).

6 A compl el ig Demencia English language may be purchase by interested bidders
on e ttn of win olen te fate se, Kam fe due, of
‘commencement of uni state dae from 0900 hs to 1500 rs upon payment of
ein ed In Rupee. The method of payment wil be insert method
Same.

1. Bid sal be delivered wo the address below a sae address] on or before [insert time and date).

Lat bis will be rejected. Bids will be opened soon afer closing in th presence ofthe bidders
‘representatives who choos to attend

8. AN bids shall be accompanied by a finser as appropriate, ether “Bid Securing Declaration”/
‘Bid-Secwity, of insert amount Res 1}

“Te address(es refered o above ire):
Name

Designation,

Ares, ax number et ofthe Procaring Entity

"sacas propre

4
CONTENANT TT TERRA

Invitation for Bids (IFB)
(FOREIGN FUNDED PROJECTS)
{All notes given inside the square brackets should be deleted when preparing the Volume 2 0 he
bidding document]
inserts name of Procuing Entity (f relevant name of Minty)
Liner: name of Project} + [inserts loan credit number.
insert: Title of Contract & Contract (Bid) Number]

1. The Democratic Socialist Republic of Sei Lanka [has received/has applied formed o apply fr}
à flowered] tom the (insert name of the foreign funding agency] towards he cos of [inet
Mai the Projet}. and intends 1 apply pat ofthe proceeds ofthis oem} to payments
tinder the Contact or insert name. of Contract]

2. The Chaiman insert MPC/DPCIPPCIRPC as appropriate] on behalf of the ner name of
Prochring Ent) now invites sealed bids from eligible and quid bidders fr
censtctionrenovationfehabiltation/efurishmentepair” of [inser a aie ofthe Works 10 be
route} described below and estimate to cos insert relevant das contrae in the latest
‘etal Cn ima) ARS

Nada
ra brief ion of t incl fie, Deaton of project, and other
ee le
EN

À :

3. To be eligible fr contrat avaíd, fü bide) shall not have been blacklisted and shall
tte wig ees N NETAD weston

à Sn er hr man be er nd mac
‘al and rire

5. terse bi I Fre tomaten om int nome of Procuing ti: mer
Ms es Sema officer cage] and inspec bid documents we aes
oO Se ne rs e ot of FB] vom ers fis Hour.

“res blow a [state address] on o before [insert time and dat)
Late bids wil be rejected. Bids will be opened soon after closing inthe presence of the bidders
representatives who choose to end

8. All bids shall be accompanied by a insert as appropriate, ether “Bid Securing Declaration /
"Bid-Secui, oF ser amount in Rupees")

“The adress) refered to above ire):

Name
Designation,
‘Ares ax number et. ofthe Procuring Entity

Foy

s
NOR TR EL LE

Section -1

INSTRUCTIONS TO BIDDERS

Noses

Instructions to Bidders shall be read in conuncton with Bidding Data under Section 2
(Volume 2). Matiers governing the performance ofthe Conracor, payments under the
Contract, or matters affecting the rss, righ, and obligations ofthe partes under the
Contract are included under Section 3 - Condition of Contract (Volume 1) and Contract
Data under Section 4 (Volume 2). However «fem such information i reproduced inthis
section to facilita the Bidders 10 prie thir bids

Instruction to Bidders wil not be a part ofthe Contract and wil cease to have efect once
‘the Contract is signed.

Note

Bidders may consider the information printed in blu colour in the documen ax a
“Check when preparing ther Bids However ith responsiblity of the bilder o
‘comply with all the requirement given in the Bidding document

TABLE OF CLAUSES:

INSTRUCTIONS TO BIDDERS

de

10,
".

“General.

Scope of Bid, 11
‘Source of Funds, 1
Ethics, Fraud and
Eligibility and Qualification ofthe Bidder.
Joint Ventures, 13

‘One Bid per Bidder. 4
Cost of Bing. 4
Sie Visit, 14

Bidding Documents

Content of Bidding Documents 14
‘Carification of Bidding Documents 15
“Amendment of Bidding Document 15

Preparation of Bids

Language of Bid 15
Documents Comprising the Bid. 16
Bid Prices. 4

Currencies o Bid and Payment 77
Bid Valid. 17

Bid Security. 7

Alternative proposals by Bidders 1%
Pre-Bid Meeting. 1

Format and Signing of Bid, 15

Submission of Bids?

‘Sealing and Marking of Bis 19
Deadline for Submission of Bis. 9
Late Bids 19

Modifiaion and Withdrawal of Bids 19

[Bid Opening and Evaluation20

Bid Opening 20

Process tobe Confidential. 21
Clarification of Bids. 21

Examination of Bids and Determination
‘of Responsiveness 21

Corection ot Emos. 21

Evaluation and Comparison of Bids 22
Preference for Domestic Bidders. 22

2
=

a.
35.

36
=

Award of Contract2s

Award, 25

Employers Right to Accept any Bid and to
Rejet any o al Bids 25

Notification of Award and Signing of
‘Agreement 25

Performance Security. 21

‘Advance Payment & Security. 24
Adjudicar 24

1. Scope of Bia

2 Source ofFunds — 21

3. Ethics, Fraud and 3.1
Corruption

32

4. Eligibil a a

Instructions to Bidders
A. General

‘The Employer, as defined in the Bidding Data and Contact Data
hereinafter “the Employer,” wishes to receive Bids for the
constuction of Work, and remedying defects as described in this
‘document hereinafter ered to a the Works

‘The successful bier willbe expected to complete the Works within
the period stated inthe Bidding Data and Contact Data rom the
date of commencement ofthe Works

Works wi be financed by the source given in Bidding Data,
The attention ofthe bidders is drawn tothe following guidelines of

the Procurement Guidelines published by National Procurement
Agency

= Paries associated with procurement actions, namely.
upplersiconactos and officials shall ensure that they
maintain set confidentiality throughout the process;

+ Official shall refrain from receiving any personal gain from
any Procurement Action. No gifts or inducement shall be
accepted. Supplersleontactors are lable 10 be disqualified from
the bidding process if found offering any git or inducement
‘which may have an effect of infuencing decision or imparing
the objectvty of an official

‘The attention ofthe bidders is als drawn tothe Sub-Cluse 152 (8)
‘ofthe Conditions of Contract (Section 3) which shall apply t any
ide.

All bidders shall include the following information and documents

Qualification ofthe with their Bid in Section 9 Schedules:

Bier
BETA ie copies o in dcuments dining he min,
esl sas, pce of reparado, an pace pie of

ness: writen power of atlomey authorizing the signatory ol
the Bid 1 commit he bidder: and

(©) In the event that pre qualification of bidder is requirement.
only Bids from those who satisfy the pre-qualifiation criteria.
will be considered for award of Contract. These qualified
bidders should submit with her Bids any information updating
their original pre-qualifation applications or, altematively
‘confi in thelr Bids thatthe information submited with thei
applications for pre-ualifiation has not materially changed
from the date of Bid submission. The update or confirmation
shouldbe provided in Section.

TC CAD

Asa minimum requirement, bidders shall update the following
information:

(evidence of acces to Ines. of credit and availabilty of
Ser financia resources:

Gi) a statement of financial predictions of the bidder for
the 12 months, commencing from the closing date of Bids
including the effet of known commitment:

i) work commitments of the other projects undertaken
since pre-qualifiation,

iy) availabilty of equipment that may be required for the
projet
(©) Inthe even that pr-qualifiation of bidders snot a requirement,
less otherwise stated in the Bidding Data. all bidders shall
clue the following information and documents as a minimum
‘with thei Bids in Section 9 Schedules:
|) reports on the financial standing ol he bidder, such as
profit and los statements and auditors reports fr he past
thre years
iD evidence of adequacy of working capital for this Contract
access o linet) of ered and avalebility of other Financia
resources
ii) total monetary value of construction work performed for
cach ofthe ls five years:
in) experience in works ofa similar nature and size foreach of
the lst five years, and details of work under way or
contractually commited:
N) major items of construction equipment proposed 0 cary
‘ut the Contact
vi) qualicatons and experience of key Site Management and
Technica Personnel proposed for the Contract;
(era "> pure, nomma compen of the, Wes
IAD) ani morta 10 percent oft Const Amit
vil) All bidders shall conim in Section 7, Form of Bid. a
tstement thatthe bidder (including all members of a joint
venture and subcontractors) is not associated directs or
indirect nthe preparation ofthe bidding document.
ix) list any other

42 To qual forthe award ofthe Contract, bidder shall mest the
following minimum qualifying criteria

a) Domestic bidders, should have been registered and hold a valid
rit si at Tor Corn Tanga
lopment (ICTAD). under the grade and special given in

Bidding Data, Section 2 id

FO RT.

5. Joint Ventures

sa

Ian en

(8) average annul volume of construction work performed in as
een tes fe amount essa ing

(9 Aperence as prime contractor in ıhe construction of at least
fone works ofa nature and complexity similar o the Works over
the lst 10 years (to comply with this requiemen works cited
‘Should beat east 70 percent complet).

(8) proposal forthe timely aquisition (own, lease. hire. ete) of
Ue essential equipment any specific in Bidding Data;

(e) a Contract Manager with qualifications and experience as given
in Bidding Data;

(9 liquid assets andor credit facilities. net of other contractual
‘commitments and exclusivo of any advance payments which
may be made under the Contact, of not less than the amount
‘specified in Bidding Data.

(8) shall not be a blacklisted contractor at the time of bidding and at
‘the time of award of contact,

Bids submited by a joint venture of two or more firms as partners

Shall comply with he following requirements:

8) the Bid shall include all the information listed in Clause 4.1
above foreach join venture partner

(6) the bi seri, the Bid, and in case of a successful Bid the
"Agreement, shall be signed so as to be legally binding on all
pares

(one of the partners shall be nominated by others authorizing 0
ct for an on behalf of the joint venture. This authorization
Shall be evidenced by submiting a power of attorney signed by
Tegally authorized signatories ofall the partners:

the partner so authorized shall be authorized to incur liabiiis

receive instructions for and on behalf of any and all
ners of the join venture and the entre execution of the
mc, including payment. shall be done exclusively with
‘he parier in charge:

(6) all partners of the joint venture shall be Table jointly and
Several for the execution ofthe Comet in accordance with
‘the contract terms, and a statement o this effet shall be
included inthe auiborization mentioned under () above, as
tll asin the Bid andi the Agreement (In case ofa succesful
Bid) and

(D a copy of the joint venture agreement entered ino by al
Parmers shall be submited withthe Bid. Alcmativeh.
Memorandum of understanding 10 execute a joint venture
Agreement in e event of a successful Did shal be signed by,
parier and submited with the Bid, together witha copy of
the proposed agreement,

Sn Irina tes

6. One Bid per
Bidder

7. Cost of Bidding

52. The qualification foreach ofthe partners of joint venture hal be
added togsther to determine the bidder's compliance with the
imum qualifying criteria of Sub-Clause 420) (0) and (ek:
however, fora joint venture to qualify, each ofits partners must
‘meet atlas 25 percent o minimum eri 42 (a) (5), and (e) and
the parner in-charge must satisfy at least 40 percent of those
minimum criteria Failure to comply with this requirement will
result in rejection of the joint venture’s Bid. | Subcomractns"
Experience and resources will not be taken info account in
‘termining the bidder's compliance with the qualifying exiteria,

6.1 Bach bidder shall submit only one Bi, citer by himself, or as a
‚partner in a joint venture. À bidder who submits or participates in
‘more than one Bid will be disqualifies.

7.1. The bidder shall bear ll costs associated with the preparation and
Submission of its Bid, and the Employer will in no case be
responsible or able for those costs, regardless of the conduct or
‘outcome ofthe Bidding proces.

8.1 The bidder is advised to visi and examine the Site of Works and is
surroundings and obai all information that may be necessary for
preparing the Bid and entering ino a contract fr construction ofthe
Works, The costs of visiting the Site shall be atthe bidder's own
expense

82 The bidder and any of is personnel or agents will be granted
permission bythe Employer t enter upon its premises and lands for
the purpose of uch visi, but only upon the express condition tha the
der, is personnel, and agents will elese and indemnify the
Employer and fs personnel and agents from and against al ibility
in respect thereof, and will be responsible for death or personal
Inju loss of or damage to propery, and any other los, damage,
‘cost and expenses incured a a esl ofthe inspection.

$3 The Employer may conducta Sie visit concurrently wih the pre-bid

See:
=

9. Content of Bidding 9.1 The bidding documents, consists of two volumes are those stated

Documents

below and should be rad in conjunction with any addenda with
Cause Tt:

‘Volume

‘Section 1 Instructions 1 Bidders

Section 3 - Conditions of Contract

Section $ - Standard Forms [Contract]

1
SOVIET Tran Tr CORT OCA

Volume?

Invitation for Bits

Sesin2 - Biking Da
Seaton - Contact Data
Seaton 6 - Speciicaions
Sesion 7 - Form of Bid
Section 8 - Bills of Quanties
Sesion9 = Schedules

Sexton 10+ Drawings
Sesion 11- Standard Forms (Bid)

10, Clarification of 10:1 A prospective bidder requiring any clarification of the bidding

‘Bidding Documents

11, Amendment of 11.1 At any time prior 10 the deadline for submis

‘ocuments or any objection to restrictivo speciation, may notify
the Employer in wing or facsimile at he Employer's address
indicted inthe Bidding Data. The Employer wil respond to any
Such request for clarification that he receives caer than 14 Days
prior 1 the deadline for submission of Bids. Copies of the
Employer's response will be forwarded 10 all purchasers of the
bidding document, including a description of the ingiry but
‘without identifying its sours.

of Bids, the
Employer may amend the bidding documents by issuing addenda.

112. Any addendum thus issued shall be par ofthe bidding documents

113 To give prospective bidders reasonable im

pursuant to Sub-Clause 9.1 and shall be communicated in writing
fr by facsimile to all purchasers of the bidding documents
Prospective bidders hall promplly acknowledge receipt of each
addendum by fcsimie to the Employer.

which to take an

lam into account in preparing hei Bis, the Employer shall

(OPERAN as noces the deadline for submission of Bis, in
leva wi Clause 22
y

12. Language of Mid 121 The Bid and

©. Preparation of Bids

srespondence and documents related to th Bid
exchanged by the Bier and the Employer, shall be writen in
English Language. Supporting documents and printed Werature
furnished by the bidder may be in another language provided they
ar accompanied by an accurate translation ofthe relevant passages

Herren,

is

TH CORTON CAD

13, Documents 13.1 The Bid submited by the bidder shall comprise the following:
‘Comprising the Bid
(A) Enclosed in the envelope marked as “ORIGINAL” à

(@) Duty filled and signed Form of Bid Gin the format
indicated in Seton 7,

() Bid Security

(6) Power of Atomey forthe signatory tothe Bid

(@) Section? Bidding Data;

(0) Section 4- Contract Data;

(0 Sestionó- Specifications

(8) Section 8 Priced Bil of Quantities;

(6) Section 9 - Daly filled Schedules:

6) Section 10 Drawings: and

(6) Any other information required 10 be completed and
Submitted by Bidders, as specified inthe Bidding Data,

and
(8) Enclosed inthe envelope marked as "COPY"
(2) Duly filled and signed Form of Bid (in the format
indicated in Sesion 7):
(0) Section 8 Price Bil of Quantities:
(6) Section 9- Duly filled Schedules: and

(8) Any other information required 10 be competed and
“submited by bidders, as specified inthe Bidding Data.

14, Bia Prices 14.1 Unless stated otherwise in the bidding document, the Contract
shall be fr the whole Works as described in Sub-Claue 1.1. based
fon the unit rats and prices in the Bills of Quantities submited by
ier.
bed

(e alos and sol em Mota

in the Bills of Quant. lems against which no ate or
‘rice fs entered y te Bier will not be paid for by the Employer
When executed and shall be deemed covered bythe rates for other
items and prices inthe Bill of Quai.

143 Al dis, taxes, and other leves payable by the Contractor under
‘the Contact, or for any other cause, a of the date 28 Days prior to
the deadline for submission of Bids, shal be include inthe rates
and prices and the total bd price submited bythe bidder. However
the VAT component shall be entered separately in the space
provided in the BOQ.

14: Unless otherwise provided inthe Bidding Data, the rates and prices
quoted by the bidder are subject to adjustment during the
‘ofthe Contra in accordance wih the provisions of

Sub-Clause 13.7 ofthe Conditions of Contact.

16,
SORT TTR TART BT CORRS TG ATA

18.CurrenciesofBid 15.1 The rates and prices shall be quoted by the bidder ently in Sri
nd Payment Lanka Rupees unless otherwise provided in Bidding Dat

y 181 Bs hl remo vl fo e peo sl ie Dig
DS Data, after the deadline for Bids submission as specified in sub
ie

162 In exceptional circumstances, prior to expiry of the orginal Bid
validity period, the Employer may request ha the bidders extend
the period of validity for a specified additonal period. The request
and the responses thereto shall be made in writing. À bidder may
refuse the request without forfeiting its bid secui A bidder
Agreeing tothe request wll not be required or permite 10 modify
is Bid, br wll be required 10 extend the validity fits bid security
forthe period ofthe extension and in compliance with Clause 17 in
all respect

17. Bid Security 17. The bidder shall furnish, as part of its Bid, bid security in
amount stiplated in he Bidding Data.

172 The bid security shall, a the bidders option, be in he form of a
‘bank drat letter of credit or a guarantee from a reputed bank or
insurance guarantee from a company located in Si Lanka or fom
an aceptale bonding organization in Se Lanka. The format ofthe
tid security shouldbe in accordance with the specimen form of bid
Security included in the bidding document or another form
Sccepibl tothe Employer. bid Security shall be valid for the
period given in the Bidding Data;

173 Any Bid not accompanied by an acceptable bid security shall te
ejected by the Employer a non-responsive. The bid security of a
joint venture shal be issued o ato commit fully all partners 10
the proposed joint venture,

174 The bi seus of amuse bilder will be retumed as
acom as possible, bt not later than 28 Days afer the

7 o fe ei pao any sq nnd
mern veal.

(Ka ©
175 Thebid cart ofthe ce bier il be retuned when the

= bier has signed the Agreement and fumishcd the required
Performance Security

176 The bid security maybe forfeited:

(ie bide was is Bid, er Bd pein dering the
period of Bid validity; pere

(6) Biar des no scp te ection of bd rice, pun
10 Clause 29; or rer

(©) in the case of successful bilder, if he
specified time iio

within the

(© signthe Agreement: or
Gi) furnish the required Performance Security

7
ONT TTR TART HT Tr or Con Ta I DTTC

18, Alternative

Proposals by
Bidders

). Pre-Bid Meeting

=

Signing of Bid

18.1 Except as provided under Sub-Clause 182 below, bers wishing
to offer technical alternatives tthe requirements ofthe bidding
‘documents must Fst price the Employer's design as described in
the bidding documents and shall fuer provide all information
necessary Tor a compete evaluation of the alternative by the
Employer, including drawings, design calulaions, technical
specifications, breakdown of price, and proposed construction
methodology and otr relevant deals. Only the technical
‘ternative, if any, ofthe lowest evaluated bidder conforming to
the basic technical requirements shall be considered by the
Employer.

182 When bidders are permited 10 submit altemative technical
Solutions for specified pans of the Works, such pats shall be
‘escribed in Section 6 ~ Specifications.

19.1 The bidder's designated representative is invited to attend a pre-bid
meeting, which, if convened, wil ake place atthe venue and time
‘Siu in the Bing Date.

192 The purpose of the meeting will be 1 cai issues and to answer
questions on any mater hat may be used a hat sage.

193 The bidders requested, as fr as posible, o submit any questions
in writing or by fcsimie 1 reach the Employer ot later than one
"Weck before the meeting. It may not be practicable a he meeting
o answer questions received lt, but questions and responses will
‘be transmita in accordance withthe following sub-clause.

19.4 Minutes of the meeting, including the text ofthe questions raised
and the responses given, together with any responses prepared afer
the meeting, will be transmited without delay to all purchasers of
the bidding, documents. Any modification of the bidding
“documents listed in Sub-Claus 10.1 that may Become necessary as
à result ofthe pre-bid meeting shall be made by the Employer
txclsively through the isue ofan addendum pursuant to Cause

“and not through the minutes of the pre-bid meeting

atthe prebid meeting will not be a cause for
iiaion of Bidder.

bidder sal! prepare one origina o he documents comprising
the Bid as described in Clause 13 ofthese Instruction o bidders
‘early marked “ORIGINAL.” In sition, the bidder shal submit
‘copy of the Bid, clearly marked “COPY.” In the event of
‘iscrepaney between them, the original shall real

202 The orignal and the copy ofthe Form of Bid shall be typed or
rien in indelible nk and shall be signed by a person or person
(ly thorized to sign om behalf of the Bidder, pursuam to
Paragraphs 4.1 () 05. (6), athe case may be. All pages ofthe
Bid where entries or amendments have been made shall be iid
bythe person or persons signing the Bid.

203 The Bid shall contain no alterations, omissions, or additions, unless

sac en ar il y pan ees sing e

is
AVANT TT TT ARA.

D. Submission of Bids

21. Sealing and 21.1. The bidder shall sel the orginal and the copy of the Bid in
Marking of Bids separate envelopes, duly marking the envelopes as “ORIGINAL”
and “COPY.” "The envelopes shall then be sealed in an outer

‘envelope.

212 The inner and outer envelopes sal

(2) be addressed to the Employer atthe address provided in the
Bidding Dats:

(6) bear the name and idetficaion number of the Contract as
defined inthe Bidding Dat; and

(©) provide a waming not 19 open before the time and date for
‘bid opening as specific inthe Bidding Data.

213 In addition to the identification required in Sub-Clause 21.2, he
inner envelopes shall indicate the name and address of the bidder to
enable the Bid to be returned unopened in ases declared “lt”
pursuant to Clause 23, and for matching purposes under Cause 2

214 IF the outer envelope is not sealed and marked as above, the
Employer will assume no responsibility forthe misplacement or
premature opening ofthe Bid. If he outer envelope discloses the
bidder's identity, the Employer will not guarantee the anonymity of
the Bid submission, but this shall not constitute grounds for
rejection of the Bi,

22, Deadline for 22.1 Bids must be received by the Employer atthe address specified in

Submission of Bids Sub-Clause 21.2 no later than Ihe timo and date stipulated in the
‘Bidding Daw.

222 The Employer may, in exceptional circumstances and at is
serein, exten the deadline for submission of Bids by issuing an
addendum in accordance with Clause 1), in which ease all rights
tad obligations of he Employer and the bidders previously subject
Fran He original dedline wll thereafter be subject to the deadline a

ve

23, Late Bids y Bid received bythe Employer after the deadline for submission
‘of Bids prescribed in Clause 22 will be returned unopened 10 the
wider.

24.1. The bidder may modify or withdraw its Bid afer Bid submission,
provided that writen notice of the modification or withdrawal is

received by the Employer prior to the deadline for submission of
Bids

242 The bidder's modiiaión or withdrawal notice shall be prepared,
sealed, marked, and delivered in accordance wih the provisions of
Clauses 20 & 31, withthe outer and inner envelopes additionally
marked “Modification” oe “Withdrawal,” as appropriate.

ST DD

TODA a

Sesiones o en

25, Bid Opening

243 No Bid may be modified by the bidder afer the deadline for
Submission of Bids, except in accordance wit sub clause 292.

1244 Withdrawal of a Bi during the interval between the deadline for
Submission of Bids and expiration of he period of Bid validity
Spied in Clause 16 may resul inthe foreture ofthe bid security
‘pursuant to Sub-Chuse 174.

24.5 Bidders may only offer discounts o, o otherwise modify the prices
Of ther Bis by submiting Bid modifications in accordance with
this lnuse, or included in the orignal Bid submission.

E Bid Opening and Evaluation

25.1 The Employer will open the Bid, including. withdrawals and
modifications made pursuant to Clause 24, in the presence of
idées” authorized representatives who choose to atlend, at the
time date, and location stipulated inthe Bidding Data. The bidders’
representatives who are present shall ign a register evidencing hir
attendance.

252. Envelopes marked “WITHORAWAL” shall be opened fist, and the
ame ofthe bidder shall be read out. Bids for which an acceptable
‘notice of withdrawal has been submited pursuant to Clase 24 shall
not be opened, "Subsequently, all envelopes marked
“MODIFICATION” shall be opened and the submissions therein read
‘out in appropriate deal

253 The envelope marked as “Original” will be opened. If no envelope
is marked as “Orginal” the Employer may open one of the
nvelopes Ifthe required documents are available in that envelope,
Emploer may mark itas the “Orginal” and the unopened envelope
as Ihe “Copy If so the envelope marked as copy will remain
Tmopened, If any of the required document is missing in the
envelope opened fis, the Employer may open the other envelope to
Search sch misin information and transfer such documents 1 one
‘rxelope and mark as “Original” and resale the other envelope

as Copy.

254 Tho/bisders names, the bid prices, including any altemativo bid
de or deviation, any discount, Bid modificaions. and
‘rithdrewals, te presence (or absence) and amount of bd security,
And any such oiher deuils as {he Employer my consider
appropriate, vil be announced by the Employer a he opening. No
BEE rt Dd opening en eat Di un

fuse 23.

255 ‘The Employer shall prepare minutes of the Bid opening, including
the information disco to those present in accordance with Sub-
Chase 253.

25.6 Ride not opened and rnd out a Bid opening shall not be considered
further for evaluation, respective ofthe creumstances,

HOWARD CRT CTA

26. Process to be
Confidential

27. Clariiation of

Bids

28, Examination of

29, Correction
Errors

2

26.4 Information relating 10 the examination, clarification, evaluation.
And comparison of Bids and recommendations forthe award of à
‘Contract, shall not be disclosed 10 bidders or any ater persons not
‘offically concemed with such process until the award to the
Successful Bidder has been announced. Any effort by a bidder to
influence the Employer, with respect to processing of Bids or award
decisions may result the rejection ofthe bidders Bid

27.1. Toassist inthe examination, evaluaron, and comparison of Bids. the
ts disreion, ask any bidder for clarification of
is Bid, including. breakdowns of unit ates. The request for
Clarification and the respons shall be in writing or by facsimile, bt
ho change in the price or substance of the Bid shall be sought
fred r pemited except as required to confirm the correction of
arithmetic errs discovered bythe Employer in the evaluation of the
ds in accordance with Clause 29.

372 From the time of Bid opening tothe time of Contract award ¡any
bidder wishes to contact the Employer on any matter related tothe
Big should do o in wen.

2

Prior tothe detailed evaluation of bis, he Employer wil determine
‘whether each Bid (a) meets the eligibility crei; (0) has been
‘propery signed; () i accompanied by the required secur
Riosiantally responsive do the requirements of the bidding
‘documents; and (e) provides any clarification andor substantiation
thatthe Employer may require to determine responsiveness pursuant
to SubsClause 282. Furhemor, the bidder shall, if required,
provide malin tthe Enplyr may ree past 0
Clause

28.2 A substantially responsive Bd is one that conforms to al the terms,
‘conditions, and specifications of the bidding documents without
material deviation or reservation. A material deviation or
reservation is one (a) that affects in any substantial way the scope,
‘quality, or performance of the Works; (0) that limi in any

AS val way, inconsistent with the bidding. documents, the

Vo Eloy dao e ide’ oben under he contacto

[CTA Hose rien would af uy De competive
pos lo of other bidders resetingsubstanally responsive Bids
#

Ia Bid isnot substantially responsive, i will be rejected by the
Employer and may not subsequently de made responsive by
comecion or withdrawal of the noneonforming deviation or

EN

determined to be substantially rsponive wil be checked by
the Employer for any arithmetic rors. Errors will be correted by
the Employer as follows:

(were there is a discrepancy between the amounts in figures
and in words, he amount in wor will gover: a

(©) where there is
Tin tem total resulting from ul
quant, the unit rate as quoted will govern, unless in the
opinion of the Employer mere is an obviously gross

SOPRANO TRE A

30. Evaluation and
Comparison of Bids

31. Preference for
Domestic Bidders

mis-placement of the decimal paint inthe unit ae, in which
ase tine em total as quoted will govern andthe unit rate
willbe conecte,

1292 If the bid price changes bythe above procedure, the amount stated
in the Form of Bid shall be adjusted with the concurrence ofthe
Pier and shal be considered as binding upon the bidder.

1293 If the bidder doesnot accept the correct amount of Bid its Bid
till be rejeced and the bid security may be forfeited in accordance
with paragraph 17.6 (6)

20.

The Employer will evaluate and compare only the Bids determined
to be substantially responsive in accordance with Clase 28

302 In evaluating the Bids, the Employer will determine for cach Bid the
Evaluated bid price by adjusting the Bid pice as follows:

(2) making any correction for errors pursuant to Cause 20;

(© excluding provisional sums and the provision, if any. fr
contingencies in the Bils of Quantities, but including
Dayworks, where pried competitively:

(©) converting the amount resulting from applying (a) 10 (9)
above, if relevant, to Sri Lanka Rupees in accordance with
‘Bidding Data Clase 15.1; and

(@)_ making an appropriate adjusiment on sound technical andlor
Financial grounds for any other quantifiable. acsepiable
variations, deviations, or altemative offers

303 The Employer reserves the right 10 accept or rect any variation,
deviation, or altemative offer. Variations, deviations, alterna
‘offers, and other Factors that are in exces ofthe requirements ofthe
‘bidding document shall no be taken into account in Bid evaluation

304 The estimated effect of the price adjustment provisions of the
7 oe ‘of Contract, applied over the period of execution ofthe

ier
(fl if th Bid, which results in the lowest evaluated bid price, is
N eu unbe or on lle rt De Enns’
‘Sint of he toms of wok 1 be permet under he Contact
Se Employer may remote do Ve to poder deed pes
tule fr any oF al lens of the Be of Coane ©
En the nal cosy of thine ress wih ie
Sein mato an seine pepe, ARE om of
{he pce ten, lng condon schedule of
ini. Congo payee tbe Employer may re at he
Slut of te Poren St sor a Case 35 De
incre te peur ode ier to eve scien o pe
the Bear tpt Franc os a ove of de le
sheen de under te Cont

tat, shall ot be ake ino account in Bid evaluation,

31.1 Not used unless specified in Bidding Data

2
sr TC AD

32, Award

33. Employer's Right
to Accept any Bid

F. Award of Contract

32.1 Subject to procedures if provided under Sub-Clause 32 under
Bidding Data and. Subject to Clause 33, the Employer will award
the Contract to the bidder whose Bid has been determined 10 be
Substantially responsive o the bidding documents and who has
‘offered the lowest Evaluated bid price pursuant to Clauses 30 and
31 Gf applicable), provided that such bidder has been determined to
be (a eiible in accordance with the provisions of Sub-Clause 3,
and (0) quid in accordance withthe provisions of Clause 4& 5

322 Even though the bidders meet the eligibility and qualification
ein specified they ar subjected to disqualify if they have:

(a) made misleading. or false representation in the forms,
Satement and attachments submited in proof ofthe eligibility
And qualification requirements or

(0) record of poor performance in previous contracts, such as
sbandoning the works, inordinate delays resulted in payment
of liquidated damages up to the maximum limit specified in
the contract te

35.1. The Employer reserves the right to accept or rejet any Bid, and to
nul the Bidding process and reject all Bid, at any time prior to
‘ward of Contract, without thereby ineuring any Tiablty to the
“fected bir or bidders or any obligation to inform the acte

ler or bidders ofthe grounds forthe Employer's to.

34.1 Prior o expiration of the period of Bid validity presribod by the
Employer, the Employer will notify the sucessful bidder that is
Bid has been accepted. This letter (hereinafter and in he Conditions
‘of Contact called the “Letter of Acceptance”) shall specify the sum
that the Employer will pay the Contractor in consideration of the
‘execution and competion of the Works and the remedying of any
(fees therein by the Conracior as prescribed by the Contract
(hereiafer and in the Conditions of Contact called “the Initial

Contract Pie”),

litio of ax vil mie te maton of te

AS Üpon the successful bidder's furnishing ofthe Performance Security
pursuant o TTB Clause 35, the Employer wil promptly notify th
name of the winning biddr 9 cach unsuccessful bidder and wil
discharge the bid security of the successful bidders, pursuant to
TB Clause 17

344 At he same time thatthe Employer notifies the successful bidder
that ts Bid has ben accepted, the Employer will send the bidder the
Agreement in the form provided in the bidding documents,
‘incorporating all Agreement between Parties.

34.5 The Agreement wll incorporate the Memorandum of Understanding

(Fan) between the Employer and the sucessful bier, and shall
be signed bythe Employer andthe sucessful bier

E

PARC DTA D

34.6 The Employer shall noti the successful bidder the date, time and
venue for the signing ofthe Agreement. The Agreement shall be
signed within 28 Days of Letter of Acceptance.

35. Performance 35.1 Within 14 Days of receipt of the Leter of Acceptance the
Secar eee Bidder shall fumish to the Employer a Performance
‘Security inthe amount specified. inthe Bidding Data in the form
ven In the Bidding Data or some other form acceptable to the

Employer.

352 Failure ofthe successful bidder to comply withthe requirements of
‘Clauses 34.0 35 shall conste beach of Contract, cause for
Annulment ofthe award, forfeiture of the id security, and any such
‘ther remedy the Employer may tke under the Contract, and the
Employer may resort to awarding the Contract tothe next ranked
bidder

35.3 During the bid evaluation if the Employer found thatthe ratls or
‘mounts quoted bythe bidder 5 are unreasonably low and could
‘ot furnish tional jstifiation to the Employer the Employer may
request the bidder to fümich a Performance Security 10 an increased
mount than hat specified inthe Contact Dat,

ir. a pas

DORE

i Take ars nme mel
DÉS TE oe Cee
rn
E Sige um

37. Adjudicator 37. The Employer and the Contractor shall mutually agree on the
appointment of an Adjudiator within 28 Days from the
‘Commencement Date

mutual consent is not reached or resorted 10 or the Adjudicator
was not proposed then the Adjudicator shall be appointed by the
Inne for Construction Training and Development ((CTAD) atthe
request of ether Paty after the expiry of 28 Days.

-Adjudicator shal be person not associated withthe projet
iy or indretly and who could demonsrate impartiality and
nce in is function.

‘SECOND EDITION, JANUARY 3007 or
: CT

Section - 2

BIDDING DATA

Note:

This section shall be read in conjuetion with Section 1 = Instructions 10
Bidders. and is intended to provide specific information in relation 10
corresponding clauses in Section I. Whenever there I a discrepancy. the
provisions in Section 2- Bidding Data shall supersede these provided in the
¡Section 1 Insruction to Bidders.

Note
The Bidding Dota included herein are Samples only. The Employer shall
il he necessary information and include them as Section 2 in Volume 2
‘before suing the bidding documents

Bidding Data

to Bidders Entry
Clause
Reference

Employer's Name and Address
Name
Address

1 Scope of Works
‘The works consists of
Located at

Time for Completion A
BEER sl. at

cmatión stall be provided in Section 9 - Schedules:
k Lo Ion number

Expiry date
VAT registration number”...

Alta construction program
‘satus (Sole proprietor, Partnership Company et)
icon for signatory |

\ Total monary vale of construc work performed foreach ofthe ast

we years®
perience in works ofa similar nature and size for ech ofthe last five

yeas
+ Construction equipment”

+ Slings

+ Añach Workplan and methods:

40 Modif

required

met rif mary cing nom fico amber rath o ie courts under the Pr

{tere dacs copan Mor by sc carl ogo) ee ats be

met o mame of don
Sct appropri e lo proie, nd ay ter formation recen
Capa eds prod

= 2
BRD ATION NTA SF ET COTS TOTO

mor comer Sec 2~ siding aa

420 ICTAD registration required
“The registration required”
Speciality
Grade

120) Average annual volume of construction work performed in last years

average annual volume of construction work performed in las ve years hal be
atleast Rs... e

2@ Essential equipment

Proposals for the timely acquisition (own, las, hir, et) of he flowing
essential equipment shal be:

Cape \

pare

20 ter

420
e minimbm amount of liquid assets and/or credit facilities, net of other
ommitments and xclusve of any advance payments which may Be
"under the Contract, sal be not es than RS
104 ar ¡ding Documents
ny for clarification of bidding documents i:
Nambef offices! .
Address) u
Phone:
Facsimile

Sta same tan a

19 mont told eB es an Sines taal ela fie roped wor. Arme ae fh prope Work
À. ila yang ie re me exited ae Corr bcn ras eed nots
"nthe major uns

© Una estimated payment owner a perdona e erage ar ne ba)

9 ay ren om e bi miso ars

2
ADMITA TS CRC

13:1(4)G) Documents comprising the Bid
TO
Additional information i

144 ‘Adjustments for change in cost
“The Contract ie sno subjected to price adjustment
IS Currency of Bid

Bidders are allowed to bid in foreign currencies for following items (Bidders
may be required by the Employer to clarify their foreign eurreney component
included inthe rateiprices ae reasonable)

For evaluation and comparison of Bids under Sub-Clause 30:2, ratés\and prices
{ott in ar erences y ie en vil: comen Sn Lanka Ropes
Sing mils exchange te ube by Cel Banko SH Laka on ae
23 Day porto dt ocean o Bis. TG

Price Schedule No_ | Thema

Tw Ve

161 Pe rma vana | NÓ |)
mena. o
Are her
‘hemp ob Bl Sert i Lana Rupes”
Me

ma Valió, of Bia Security
“The Bl Emme date)

Tet on er av allowed MI foreign ren for ee em
Sal sam sn Bl set be of D ar dcir ford bison, Ths period sl be
real lost fin ne foe th De Eine mind de comply of te Wark and the ne
‘edn forts ty omen ra me ean Nema
Tri mon son bh ae stan or Bie A Adv sad be encoge. In prime 1 a
perce fie Be Pie. The un shah ul of pre of heated et of be Woke
SR mmm 2 Dp end he sly fad

29
SRT TAO TTR TC RA

1a Pre-Bid meeting,

Pre-Bid meeting will be held wil no be he,
Venue, ime, and date of the pre-bid esting”.

Date:
Time:

12) Employer's Address for Bid submission

Employer's address forthe purpose of bi submission i

2120) Mentieation number of Contract

laenifiaion Number ofthe Contac is.

m4 Deadtine for submission of Bids y

Deadline or submision of Bid”.

254 Bid opening
‘Venue time, and det

au referer
id Cg

(oh cane fr a 10% matin of ptes de
Ser Se at
en

2 ‘the Procurement is within he author limit ofa CAPO:

of Bids in accordance with the procedures described under

à 31, the Employer wil infor t all the bidders in writing
ccesful bidder andthe intention of contact award o such
deja bidders if hey so wich, within one week of such notice
may mah ration to he Procurement Appeal Board at the address given
‘Below: Such representation sal be self-contained to enable the Appeal Board to
ave ata conclusion and a cash deposito amount given below shall be made,
“The Appeal Board may request he bidder whe had made representation to submit.
further evidence during the investigations. The cash deposit will be forfeited
nes the Employer has changed te original contact award decision in favour of
the Bidder who has made such representation.

ee i ee ned poker he Ja
sce Sub-Clanse 83 >
(aot Vr sp

o nai mace
as oa
Ev fla ts a Che 2

Pte pos a pop Feder

30
SORTER TART aT CAD

Adress: “The Secretary
Appeal Board
Presidential Secretariat
Colombo

Cash Deposit Rupees $0,000/=

‘ve Procurement is within the author iit ofa MPC:

[After evaluation of Bids in accordance withthe procedures described under
Cases 28.29, 30 and 31, the Employer wil infor 1 ll the bidders in writing
the the selection ofthe successful bidder andthe intention of contact avard 10
Auch Bidder The unsueeesfu bidders iT they so wich, within one wesk of such
notice may make representation o the Secretary to the Line Ministry atthe
{Adress given below, Such representation shall be selFcontained 0 enable the
‘Secretary 10 arrive at conclusion and a cash deposit to amount give below shall
be made. The Employer may request the bidder who had made representation to
Submit farther evidence during the investigation of such fpresentation, The cash
deposit will be forfeited unless the the Employer has changed the original
Contract award decision in favour of the bilder, who has made such
representation \

Aidit À
ash Deposit ques 95.00 \
EN Amount of Perrier Sun) \

“Th Standard Unia Seer acceptable 1 the Employer sal be
<param onan Agen zei and Stated in the Procurement Guidelines

\\

‘The amount bf Performance Seeuiy i. Contract Price

‘The Performance Security Sal be valid until

El Fees and types of reimbursable expenses to be paid to the Adjudicator shall be on
a cae 10 case basis and shall be shared equally by the Contactor and the
Employer.

Fo th estimated cost equal or exceeding Rs. S00mn delete
Cla y and insert followings
37. Dispute Adjudication Board (DAB)

37.1 Within 28 Days from the Commencement Date each of the Pate shal
Appoint one member o serve onthe Dispute Adjudication Board (DAB).
‘The Paris shall consul both these members and shall agree upon the hid
member, who shall be appointed to at asthe chairman,

If either Party fits to nominate a member to the DAB othe Panties fil to
‘gree upon the third member or the Parties fil to agree on he appointment
fa replacement person o the DAB, then upon the request of either o both
Paris the Institute for Construction Training and Development (ICTAD)
shall appoint the relevant member othe DAB.

en
me 28 Days onde expected completion dae of fects Lait ri

a
TES EDR

Section - 3
CONDITIONS OF CONTRACT

Conditions of Contract shall be read in conjunction with he Section 4 - Contract Data in
Volume 2, which shall take precedence over the Conditions of Contract

“Table of Clauses
CONDITIONS OF CONTRACT
10. General Provisions 37 4.12 Contactos Equipment. 4
4113 Fracción of th Event. ss
1 Definition,» a Progress Repos.
12 interesan 4 215 Constr: Operations on Sie,
13 Communicator, 2 216 Fou so
14 Law and Language, 4 417 Qu Assrrce, 7
15 Prony of Document e E18 Riel Way and Faces, 97
16 Contact Agreement à 319 Avoidance of Inererece, 7
17 Asigmenc as 120 Acces Ros.
18. Conan Spl Documents, u | 421 Traspr of Goods, se
15. Deiyed Drevin or immens | 422 Secuny ofthe se.
10 Emploer eue of Contractor's
Document, à
1.11 Contactors use of Employers 50. Nominated Subcontractors 51
Documents so
1.12 Confidential Des, 31. Definition af-Nominated Socom” 8
113 Compliance with Laws 46 32. Objection to Nomination, 5
Join and Several ab, 4 33. Payments to Nominated Subeontactos 57
SA. dene of Payments, 9
20 The Employer
ZU Right of Acces tothe Sit 25 0 Staffand Labour.
22 Permit ses or Approvals
25 Employers Ponomel 1 6.1 Rates of Wages and Conditions of Labour. y
2A Employer's Cais. 7 62 Parsons nie Services of Employer 3?
63 Labour lau.
64 Working ous ar
30 The Engine 85 Pac for Sa and Labour 2
i Hand Say.
3.4 Engineers Dusan Auoriy. | 67 Contraciors Superintendens, er
3.2 Delson y he Engineer 4 68 Contactor’ Personal 0
33. Insnueions ofthe Engines. 0 69 Resorts of Contactor’ Penomel an
34 Determinations 9 Equipment
35 Engineers parta, » 6.10 Dower Cond, a
40 The Contractor, o
4.1 Contacor’s Genera Obigaons «9 | 70. Plant Materials and Workmanship,
42 Perfomance Scary 0
45 Comme Repesstniv, 1 72 Samples
Sehens 32 imposer
33 Asenmen of Benefit ofSubeonmch 1 | 73 Teng 2
PA 7a Rejection,
ra 75 Remedial Wok ar
a 75 nero of Plant nd Matera.
39 77 Roya
1.10. Sufeeny ofthe nial Conc rice
“LIX Unforseable Pica! Condones

as

0 Commencement, Delays and Suspensions

81. Commencement of Works, 43

82 Time for Completion, 64

55 Programme, 6

154 Extension of Time for Completion, 65

BS Delays Caused by Authorities, 6

86 Rat of Progress, 65

87 Liquidted Damages 6

88 Suspension of Work, 66

9 Consequences of Suspension, 66

8.10. Payment for Plant and Materials in Event
of Suspension, 67

Prolonged Suspension, 67

Resumption of Work, 67

Management Mecings, 67

9.0 Tests on Completion, 67

9.1. Contactos Obligation, 07
92 Delayed Tess, 7

93 Retesing, 6

94 Failreto Pass Tests on Completion, as

10.9 Employer's Taking Over, 6
10.1 Taking Over ofthe Works and Sections 3

102 Taking Over of Pans of the Works, 62
103 Interference with Test on Completion, 70

130 Variations and Adjustments, 74

13. Righ to Vans a
132 Value Engineering. 73

133 Variation Procedure, 76

134 Provisional Sums, 76

135 Daywors, 76

13,6 Adjustments for Changes in Legislation 7
13.7. Adjutments for Changes in Cost 8

140 Contract Price and Payment, 7

14.1. The Comet Price, 9

142. Advance Payment 79

143. Application fr Interim Payment
Cemifcates, so

144 Plan and Materials
Work 1

145 Issue of Interim Payment Certificate.

146 Payment sr

147. Delayed Payment. 2

148 Payment of Retention, 52

149 Statement at Completion, 2

14.10 Application for Final Payment
Cerca, s2

14.11 Discharge, 0

14.12 Issue of Final Payment Certificate, 3

14.13 Cessation of Employer's Lab, ss

tended forthe

11.0 Defects Liability, 0

Ha Completion of Outstanding Work and
Remedying Defects, 77

112 Cost of Remedying Defects, 71

113 Extension of Defets Notation Period, 1

114 Failure to Remedy Defects. 77

115, Removal of Defective Works, 72

116 Further Tests, 72

117. Contactor to Search, 72

HE Performance Certificate, 72

119 Unfulied Obligations, 72

1.10 Clearance of Ste, 72

12.0 Measurement and Evaluation, 3

12.1. Works tobe Measured, 73
122 Method of Measurement. 75
123 Evaluation, 73
124 Omissions, 74

150 Termination by Employer 34

15.1 Notice to Core,

152 Temnination by Employer, 8

153. Valuation at Date of Termination s

154 Payment after Termination 5

155. Employer's Entilement 10 Terminations

16.0 Suspension and Termination by
Contractor, 16

16.1 Contractor's Entitlement to Suspend
Work, ss

162 Termination by Contractor, 87

163 Cessation of Work and Removal of
Contractor's Equipment, 7

164 Payment on Termination, 37

3

17.0 Risk and Responsibility ss 19.0 Claims, Disputes and Arbitration, 91

17.1 Indemmities, 88 19.1 Contactos Claims, 97
172 Contactors Care ofthe Works. 88 192 Disput Resolution, 2?

173 Employers Riss, 97 193 Procedure for Adjudiation. 22
173 Consequences of Employer's is. | 19,4 Replacement of Adjudicator, 35

1955 Arbiain, 25

18.0 Insurance, 90

200
18.1 Insurance for Works and Contractor's
Equipment, 0 201
18.2. Third Pary Insurance including. 202 Notice of Force Majeure, 4
Employer's Property), 99 203 Duty to Minimise Delay, 95
+3, trance for Contactors Personnel, 9 | 204 Consequence of Force Majeure, 25
18.4 Remedy on Contractor's Failure o insures] 20.5 Force Majeure Affecting Sub»
‘Contractor, 95
20. Optional Termination, Payment and
Release, 98

20.7 Release from Performance under the
Law. 96

”

Sein 3: Cons of Cnt

1 In the C

Definitions following words and expressions shall have the meanings stated.

114 tt
‘The Contract

12
1113

ha

Las

tas

1.10

112 1124
Partis and Persons

Conditions of Contract

1.0 General Provisions

onditions of Contract these Conditions") and Contract Dts the

“Contract” means the Contract Agreement, the Letter of
Aceeptace, Memorandum of Understanding (if any), the Form
of Bid, these Conditions, the Contract Data, the Specificaions
‘he Drawings, the Bills of Quantities, the Schedles and further
‘documents (iF any) which are listed in the Contract Agreement
‘rinthe Leer of Acceptance

"Contract Agreement” means the contract agreement (if any)
refered o Sub-Clause 1.6 (Conract Agreement)

‘Letter of Acceptance” means the letter issued by the
Employer indieting the accepanceof the Bi,

“Contract Data” means the completed pages ened contrat
‘ata and given in Section 4 which forms par ofthe conditions
‘of contract.

“Specification” means the document ee specification as
included inthe Contract, and any additions and modifications to
the specification in accordance with the Contrast. Such
document specifies the Works.

“Schedules” means the documents) entitled schedules and
given in Section 9 completed by the Contractor and submited
‘withthe Bi, as included inthe Contract,

“Form of Bld” means the document ented form of bid, which
is complete bythe Contractor and includes the signed offer to
«the Employer forthe Works.

Bia means the Form of Bid and ll ter documents, which

TL) the Contractor submited. with the Bid, as included in the

ntact.

“Drawings” means the drawings of the Works, as included in
the Contact, and any additional and modified drawings issued

by (or on behalf) the Employer in accordance with the
Contrast

ils of Quantities” and “Dayworks Schedule” means the
duen 50 named ay) hich ar comprised in he

“Party” mean ithe Boh the Employer Fhe Cont.
‘the context requires. did

TA

Sesion 3- cod

1122

1123

1424

125

1126

1127

1128

1129,

129 Employer and the Commetor or by te init

NG

143 134
ates, Tests, Periods
and Completion
1132
1133

“Employer” means the person named as employer in the
‘Contact Data and the legal successors in ll this person

«Contractor” means the person(s) named as contractor in the
Bd acepta by the Employer and the legal sucessrs in tile
Lots persone)

Engineer” isthe person ame he Coat Data (oF any
‘te compte! pron appoimed bythe Employer and noted
ite Cones) who response for anio ad
Spring the execution of the work, Such person may be an
Sine cist or any er teinical penon. In the
See of ach appoinmen he Employer him.

“Contractor's Representative” means the person appointed
from time 10 time by the Contractor and notified to the
Engineer, under Sub-Clause 43 (Contractor's Representative).
‘who ats on behalf ofthe Contractor.

“Employer's Personnel” means staff, labour and other
employees ofthe Employer nd any oterpersomel notified to
{he Contractor, by the Employer, as Employers Personnel.

contractor's Personnel” means be Contras
Representative and all personnel whom the Contactor tes
on Site, who may include he taf, labour and other employees
SF ihe Contactor and of each Subsontrcter; and any other
personnel assisting the Contraco in the execution of the
Work

“subcontractor” means ex person named in the Contract asa
bone, or ay posó appointed as a subcontractor. fora
part ofthe Weeks an the legal successors In ttle to each of
Tose pr

she "Adjudieator” is the person appointed jointly by the
for

onstruction Training and Development (ICTAD) a the caso
ay be, in accordance with Sub-Clause 193 (Procedure for
igjudicalon) or Sub Clase 194 (Replacement of Ajudicaior)
for determination of the disputes in the fist instance, as

provided for in Cause 19.0 (Claims, Disputes and Arbitration)
hereunder.

“Base Date” means the date 28 Days prior tothe lates date for
Submission ofthe Bid.

“Commencement Date” means the date nied under Sub-
(Clause 8.1 (Commencement of Works)

“Time for Completion” means the time for completing the
‘Works or Section (es ih eave may be) under Sub-Clause 82
(Time for Completion as sate inthe Contract Data with any
fextension under ‘Sub-Clause 8.4 (Extension of Time for
Completion), calculated rom the Commencement Dat.

«0
TR TD ECTAN

1.134 “Tests on Completion” means the tests which are specific in
the Comet or agred by both Parties or insructed as a
‘aration, and which are caried out under Clause 9.0 (Tess on
‘Competion) before the Works ra Section (asthe case may be)
re taken over bythe Employer.

1135 “Taking-Over Certificate” means a certe issued under
Clause 10.0 Employer's Taking Over.

1136 “Tests after Completion” means th tests (if any) that are
specified in he Contact and which are camied out in
Arcordance with the provisions of the Contract afer the Works
fr à Section (a the cue may be) is taken over by the
Employer.

1.137 “Defects Notification Period” means the period for nating
dele inthe Works or a Section (a the case may be) under
SubClase 11.1 (Completion of Outstanding Work and
Remedying Defects) as sated in the Contract Data with any
extension under ‘SubClause 113 (Extension of Defects
Norcaón Period). — calculated from the date on which the
Works or Section is completed as certified under Sub-Clause
10.1 (Faking Over of the Works and Seton.

1.138 “Performance Certificate” means the cerifite issued under
Sub-Cause 11.8 (Performance Certificate)

1.139 — “Day” means calendar day aná “Year” means 365 Days.
114 114.1 “Initial Contrat Price” means Ihe amount tte in the Letter

Money and Payments of Acceptance for the exceution and completion ofthe Works
and remedying of any defects

L142 “Contrast Price” means the amount stated in the Letter of
[Acceplanse, subjected to adjustments in accordance wih the
Contac.

Jtt3\ “Cost” means all expenditure reasonably incurrd (or to be
/_ peared) by the Contactor, whether on or off the Sit,
( (GAD Aline overhead and similar charges, but does not include

N

ta “Binal Payment Cerdfeate” means the payment certificate
ie ner Sule 1418 eme of Fi Pome
eric.

1.145 “Final Statement” means the statement defined in Sub Cause
14.10 Applicaton for Final Payment Certificate)
«Interim Payment Certificate” means a payment certe

issued under Clause 14.0 (Contact Price and Payment) other
than the Fial Payment Crist

1.147 “Payment Certificate” means a payment cert
under Clause 14.0 (Contrct Price and Payment

cae ised

1148 “Provisional Sum” means a sum (iFany), which is specified in
‘the Conc a «provisional sun, for he execution of any pat

ADAN TT RANA

1149

11410

145 Masa
Works and Goods

1152

1153

1154

1185

1156

1157

ofthe Works or for th supply of Plant, Materials or services
Under Sub-Claus 13.4 (Provisional Sums)

“Retention Money” means the accumulated retention moneys.

‘which the Employer retains under Sub-Clause 143 Application
Jor Interim Payment Certificates) and pays under Sub-Clause
4.8 (Payment of Retention,

“Statement” means a statement submited by the Contractor as
par ofan application, under Clause 14.0 (Contact Price and
‘Payment fora payment celia

“Contractor's Equipment” means all apparatus, machinery.
vehicles and other things required for the execution and
‘Completion ofthe Works nd the remedying of any defects.

“Goods” means Contractor's Equipment, Material, Plant and
“Temporary Works, o any of them a appropriate

“Materials” means things of all kinds (other than Plant)
intended to form or forming part of the Permanent Works,

the supply-only materials (if any) to be supplied by
‘the Contractor under the Contac.

«Permanent Works” means the permanent works to be
executed by the Contractor under he Contact

“Plant” means the apparatus, machinery and vehicles intended
to fom or forming prt ofthe Permanent Works.

“Section” means a part ofthe Works specified in the Contact,
Data ara Section (any).

«Temporary Works” means all temporary works of every
Kind (othr than Contactos Equipment) required on Site for
the execution and completion of the Permanent Works and the
remedying of any defects

koennen

16
Other Definitions

1162

1.163

the Temporary Works, or either ofihem as appropriate

‘Contractor's Documents” means the calcuaioas, computer
programs and other software, drawings, manuals, models and
‘ther documents of a technical nature if any) supplied by the
Contactor under the Contact.

“Employer's Equipment” means the apparatus, machinery
and vehicles (if any) made available by the Employer forthe
tse ofthe Contrato inthe execution ofthe Works, as sated in
the Specification ut doesnot include Pant which has not been
taken over by the Employer

“ste” means the places where the Permanent Works re to be
‘executed and to which Plant and Materials ae o be delivered
And any other places as may be specific in the Contact as
forming par ofthe Sit

2

TC ATA

Seton De Con of Comat

12
Interpretation,

13
Communications

1.1.64 Laws" means all legislation. statutes, ordinances and other
laws, and regulations and by-laws of any legally constituted
publi authority.

1.165 “Performance Security” means the security (or securities, if
any) under Sub-Clause 4.2 (Performance Security

1.166 “Variation” means any change 10 the Works, which is
instructed or approved as a variation under Clause 130
(Warkations and Adjustments).

11:67 “Unforeseeable” means not reasonably forscen by an
experienced Contractor.

In the Contac, except where he context requires otherwise:
(2) words indicating one gender include al genders,

(8) words indicating the singular also include the plural and words
Indicating the plral also include the singu

(©) provisions including the word “ages”, “agreed™ or “agreement”
Fequre the agreement tobe recorded in writing and

(8) “writen” or in writing’ means hand-written, ype-writen printed or
«electronica made, and resulting in a permanent record

“The marginal words and other headings shall not be taken into
‘consideration inthe intepettion o hese Conditions.

‘Wherever these Conditions provide forthe giving or issuing of approvals,
certificates, consens, determinations, notices and. requests, these
‘Communications sal be:

(In writing and delivered by hand, sent by mail or courier (against
receipt); and
(oy delivered, set or transmited to the address forthe recipients
nations a tated in the Contract Data. However:

UCD ir ine mein gives notice of anote adres.
CO mencione seat be nerd sorta ad

D ifthe recipient has not tated otherwise when requesting an
approval or consen, i may be Sent 1 Ihe adress from which
‘the request was issued.

Approvals, cenifcates, consents and determinations shall not be
‘unreasonably withheld or delayed. When a certificate is issued to a Party.
the cerifier shall send copy tothe her Party. When a notice is issued io
2 Par, by the other Party or the Engineer, a copy shall be sent to the
Engineer or the other Part, as the ease may be.

‘The Contract shall be governed by the laws of Democratic Socialist
Republic of Sei Lanka end the langage for ll purposes fr the Contract
shall be English

mn

TORT ETON BT TEST)

1 “The following document forming he Contact are to be taken as mutally
Priority of Documents explanatory of one another. For the purposes of interpreto, priority o
the documents shall bo in accordance With he following sequence:
(the Contract Agreement (any)
the Letter of Acceptance;
(6) Memorandum of Understanding (ian);
(4) the For of Bid:
(©) the Contract Data;
(0) these Conditions of Contract;
(@) the Specifications:
9 he Drawings and

(the Bill of Quamities, and any other schedules or documents
forming par ofthe Contact.

If an ambiguity or discrepancy is found in the documents, the Engineer
‘shal sue any necessary clarifzation o instruction.

16 “The Parties shall entr into a Contact Agreement within 28 Days, unless

Contract Agreement they otherwise agreed, afer the date on which the Contractor receives the
Letter of Acceptance. The Contact Agreement shall be prepared and
‘completed by the Employer. The Contractor shall pay the cost of stamp
‘duties and similar charges (any) imposed by law In connection with the
execution ofthe Contract Agreement.

17 Neither Party shall assign the whole or any par of the Contract or any
Assignment benefit or interest in or under the Contract. Howeve cier Part

(2) may assign the whole or any part withthe prior agreement of the
‘other Party, atthe sole discrtion of such other Paty; and

(0) may, as security in favour of bank or financial institution assign is

DRE
18 jfitation and Drawings shall be in the custody and care of the
Hanse (BR es tt edn

{wo copies ofeach subsequent Drawing shall be supplied to
the Contactor, who may make or request further copies a the cost ofthe
Contactor.

Each ofthe Contractor's Documents shall be in he custody and care ofthe
Contactor, unless and until taken over by the Employer Unless otherwise
stated in the Contract, the Contacor shall supply o the Engineer six
copies ofeach ofthe Contactors Documents.

“The Contractor shall keep on the Site, a copy ofthe Contract, publications
named in the Specification, the Contractor's Documents (Y any), the
Drawings and Variations and other communications given under the
Contract. The Employer's Persomel hall have the igh of acces 1 all
‘these documents ll reasonable times.

“SECOND EDITION TESTEN Ca TA

Sein 3: Conor oot

19
Delayed

Drawings or
Instructions

110
Employer's use of
Comeactor’s
Documents

A a Pay becomes aware of an emor or defect of a technical ature in a
document, which was prepared for use in executing the Works, the Party
‘all promptly give notice o th other Party of such emo or defet,

The Contractor shall give notice 1 he Engineer whenever the Works are
lily tobe delayed or dinuped i any necessary drawing or instrocton is
tot sued to the Contactor within particule time, which shall be

fof the nesesary drawing or
{natuction, des of why and by when i should be issued, and details of
{he nature and amount ofthe delay or disruption likely tobe sued its
ine.

Ifthe Contractor suffers delay andlor incurs Cost a a result oa failure of
the Engine 16 issue the noted drawing or instruction within a time
‘whichis reasonable and is specified in the notice with supporting details,
the Contactor shall give a further notice to the Engineer and shall be
mile subject to Sub-Clause 19.1 (Contractor's Claims) to

(2) an extension of time for any such delay, if completion is or wil be
‘elaed, under Sub-Clause 84 (Extensión of Time for Completion:
and

(6) payment of any such Cost pls reasonable profit, which shall be
Fncluded in he Contact Price,

fer receiving this further notice, the Engineer shall prosed in accordance
‘bith Sub-Clause 3.4(Determintions) o agree o determine these mates

However, if and tothe exten hat he Engineer falle was caused by any
‘error or delay by the Contrato, including an error in, or delay in the
Submission of, any ofthe Contractors Documents, the Contractor hal not
be nto such extension of time, Cost or profi

As between the Pais, the Contactor shall retin the copyright and other
intellectual propery rights in he Contractor's Documents and other design
documents made by (oF on behalf of) the Conractr

tr shall bo deemed (by signing the Contac) 1 give 10 the

‘erminable transferable non-exclusive ryaly-re license
"and communicate the Contractor's Documents, including
sing modifications of them. This license sha:

(4) apply thoughout the actual or intended working life (whichever is
Tonge: ofthe relevant pars oF the Works

(6) entitle any person in proper possession ofthe relevant part of the
"Works to copy, use and communicate the Contractor's Documents

for Ihe purposes of completing, operating, maintaining. altering.
justin repairing and demolishing he Works and

(9) in the case of Contciors Documents which are in the form of
Computer programs and other software, permit their we on any
‘computer on the Sie and other places as envisaged bythe Contact.
including replacement of any computers supplied by the Contractor.

as
SECONDE NT TC CAD

1
Contractor's use of
Employer's
Documents

in
Confidential Details

15
Compliance with
Laws

4
Joint and
‘Several Liability

2
Right Access
tothe Site

“The Contactos Documents and other design documents made by (or on
chal of) the Contactor shall no, without the Contractor's consent, be
sed. copied or communicated 1 à third party by (or on behalf of) the
Employer for purpose oe than hose permited under this Sub-Clause,

As between the Pais, the Employer shall ean the copyright and other
{intellectual propery rights ofthe documents made by (or on behalf the
Employer, The Contactor may, at his cos, copy, use, and obtain
‘communication ofthese documents for he purposes ofthe Contract They
Shall not without. the Employer's consent, be copied, used or
‘Communicated to a third par by the Contato, except as necessary for
the purposes of he Contract.

“The Contactor shall disclose al such confidential and other information as
the Engineer may reasonably require inorder to verifying the Contactos
‘compliance with the Contac.

“The Contractor shall in performing the Contract, comply with applicable
Laws. The Contractor shall give all notices, pay all taxes, duties and fes
and cin all permits, licenses and approvals, as required bythe Laws in
Felatin o the execution and completion ofthe Works and the remedying
‘of any defects; and the Contactor shal indemnify and hold the Employer
armes against and rom the consequences of any failure todo so

If the Contractor contes (under applicable Laws) a joint venture,
‘consortium or other unincorporated grouping of tw or more persons

(6) these persons shall be deemed 0 be oily and severly liable tothe
Employer fr he performance ofthe Contac

(6) these persons shall notify the Employer of their leader who sha
have authority to bind the Contractor and each ofthese persons and

(6) the Contractor shall not ater its composition or legal status without
{he prior consent ofthe Employer.

shall give the Contactor right of access to, and posession
Bf all past ofthe Site within 14 Days from Letter of Accepance unless
«eri specified in Contract Dat, The right and possession may not be
exclusive tothe Contractor. If under the Contract, the Employe is required
to give (fo the Contractor) possession of any Foundation, structure, plan or
means of acces, he Employer shall do so in the time and manner sated in
the Contract. However, the Employer may withhold any such right or
possesion until he Performance Security hasbeen received.

the Contractor suffers delay and/or incurs Costas a result of fallure by
the Employer to give any such right or possesion within such time, the
Contactor shall give notice 1 the Enginer and shall be entitled subject to
‘Sub-Clause 19.1 (Contractor's Claims) to:

(a) an extension of time for any such delay, I completion is or willbe

delayed, under Sub-Clause 84 (Extension of Time for Completion:
and

FAN TT TIE TTD

ETC

(6) payment of any such Cost plus easonable profit, which shall be
included in he Contact Price

[After receiving this notice, the Engineer shall proceed in accordance with
Sub-Cluse 3.4 (Determinations) 1 agree or determine these mates.

However, Fand tothe extent thatthe Employer's falle was caused by any
error or delay by the Contractr, including an error in, or delay in the
Submision of, any o the Contractor's Documents, the Contactor shall not
be entitled 10 such extension af time, Cost or profit

“The Employer shall wher he i in a position Lo d 50) provide reasonable
assistance fo the Contactor atthe request ofthe Contactor, in obtaining
‘permit, lcenss and approvals referred o in section 1.13.

‘The Employer shall be responsible for ensuring that the Employer's
Personnel andthe Employer's other contractors onthe Sie:

(0 cooperte with the Contractor's eflons under Sub-Clause 46
(Coroperanon): and

(0) take actions similar o those which the Contractor is required to take
under sub-paragraphs (a, (0) and (6) of Sub-Clause 48 Safe
Proceduresjand under Sub-Clause 4.13 (Provecion of the
Emironnent.

24 Ifthe Employer considers himself vo Be ented o any payment under any
Employer's Claims Clause ofthese Conditions or atherwse in connection wit the Contract,

nd to any extension ofthe Defects Notification Period, the Employer of
{he Engineer shal give notice and paiculars 1 the Contactor,

“The notice shall be given as soon as practicable after the Employer became
aware of the event or ereumsnces giving rite to the claim. A notice
felating to any extension ofthe Defects Notification Period shall be given
‘efor the expiry of such period,

| Fics al sel the Clase or ter bass fhe clin, sd

Substanition of the amount andr extension to which he

( ides him to be ened in conection withthe Contract. The

Engineer all then proceed. in accordance wih Sub-Clause 34

> iDetermiñations) 10 agree or determine (1) the amount (if any) which the

Employer i entitled to be paid by the Contacto, andor i he extension

(any) of the Defects Notification Period in accordance with Sub-Clause
113 (Extension of Defects Notification Period).

‘This amount may be included as a deduction in the Contact Price and
Payment Cenifiates. The Employer shall only be entitled 1 st off against
‘or make any deduction from an amount celia in a Payment Cerca
orto otherwise lai against the Contrctor, in accordance with this Sub.
Clause

OAMI TC Ta ETAT

A
Engineer's Dales
and Authority

32
Delegation by the
Engineer

3.0 The Engineer

‘The Employer shall appoint the Engineer who shall cary ut th duties
ig to him inthe Contract. The Engineers sta shall include suitably
Quali engineers and other professionals who are competent to cary out
these dais

“The Engineer shall have no authority to amend the Contract

“The Engineer may exercise the authority ateibutable 10 the Engineer as
Specified in or necessarily 10 be implied from the Contract. If the Engineer
required to obtain the approval of the Employer before exercising a
Specified authority, the requirements shall be as stated inthe Contrast Data
The Employer undertakes not o impose further consiminis on the
Engineers authority, excep as agreed withthe Contactor,

However, whenever the Engineer exercises a specified authority for which
the Employer's approval is required, then (for the purposes of he Contract)
the Employer shall be deemed to have given approval

Except as otherwise stated in these Conditions

(D. the Engineer has no authority to relieve either Paty of any duties,
‘bligations or responibilites unde the Contract nd

(0) any approval chook, cenit, conse, examination, inspection.
nsirvtion, notice, proposal request, tex, or similar act by the
Engineer (including absence of disapproval) shall not relive the
Contractor fom any responsibliy he has under the Contract,
Including responsibility for errs, omissions, dssrepancies and non
complances.

“The Engineer may from timo to time asign duties and delegate authority to
assbtans, and may also revoke such assignment or delegation. These
Assistants may include a resident engineer, andlor independent inspectors
Appointed to, insect andor test items of Plant and/or Materials.
delegation or revocation shal be in writing and shall not

unl copes have boon received by both Parte, However,
ise agreed by both Partis, he Engineer shall not delegate the
thority 40 determine any matter in accordance with Sub-Clause 3.4

ions).

Each assistant, o whom duties have been asigned or authority has been
deleted shal only be authorised to sue instrctons 1 the Contractor to
the extent defined by the delegation. Any approval, check, certificate,
‘consent examination, inspection instruction, notice, proposal, request, test,
‘or similar act by an assistant, in accordance wih the delegation, shall have
the same effect as though the act had been an act of the Engineer
However

(0) any failure to disapprove any work, Plant or Materials shall not

onsite approval ad shall therefore not prejudice the right of the
Encarna wor Pa or tats m

as

TORT TART CR TD

33
Instructions of the
Engineer

34
Determinations

3s
Engineer's
Impartiality

Contractor's General
Obligations

(6) if the Contactor questions any determination or instruction of an
sistant the Contractor may refer the mater o the Engines, who
Shall promptly confirm, reverse or vary the determination or

“The Engineer may issue o the Contactor (anytime) instructions, which
may be necessary for he execution ofthe Works and the remedying of any
cles, al in accordance withthe Contact. The Contractor shall ony ake
instructions from the Engineer, or from an assistant to whom the
Approprite authority has been delegated under this Clause an instruction
Constitutes a Variation, Clause 13.0 (Variations and Adjustments) shall
apply

“The Contractor shall comply with the instructions given by the Engineer or

delegated assistant, on any matter related to the Contract, These
Instruction shal be given in writing.

Whenever these Conditions provide tht the Engineer shall proceed in
accordance with tis Sub-Clause 34 to agree or determine any mater, the
Engineer shall consul with each Party in an endeavor o reach agreement
I agreement is not achieved the Enginer shall make a fir determination
in accordance with the Contract, taking. due regard of all relevant
icumstances

“The Engineer shall give notice to both Parties of each agreement or
determination, with supporting particulas. Each Party shall ive effect lo
tach agreement or determination unless and uni revised under Cause
19.0 (Claims, Disputes and Arbitration).

‘Wherever, under he Contract the Engineer is required to exercise his
iseretion By:

(@ giving his decision, opinion or consent,
(0) expressing his satisfaction or approval,
(©) determining value, oF

ise aking action which may affect the rights and obligations of
the Employer or the Contractor

ise such discretion impartially within the terms of the

nta af having regard o all the eircumstances. Any such decision,
opinion, consent, expresion of satisfaction, or approval determination of
Value or action may be opened up, reviewed or revised as provided in
Clause 19.0 (Claims, Disputes and Arbiratio)

4.0 The Contractor

‘The Contractor shall design (o the extent specified in the Contract)
execute and complete the Works in accordance withthe Cort and wih
the Engineers instructions, and shal remedy any defects in Ihe Works.

The Contactor shall provide the Plant al Contractor's Personnel, Goods,
consumables and other things and services, whether of temporary ot
permanent nature, required in and for execution, completion and
Fomedying of dfecs.

9
TORT ETO TATA TC CAD

Sesion - Con uf Cones

42
Performance Security

“The Contactor shal be responsible forthe adequacy, stability and safety
al all Ste operations and of ll methods of construction. Except 1 the
fxtet specified inthe Contract, the Contractor () shall e responsible for

‘Contractor's Documents, Temporary Works, and such design ofeach
item of Plant and Material si required for the Hem to be in accordance.
‘withthe Contract, and (i) shall nor therwise be responsible forthe design
‘or specification ofthe Permanent Works.

“The Contractor shall whenever required by the Engineer, submit deals of
the arangemens and methods, which the Contractor proposes to adopt for
the execution of the Works, No significant alteration o these arrangements
land methods shall be made without this having previously been notified to
the Engineer.

Af the Contract specifies that the Contractor shall design any part of the
Permanent Work, then unless otherwise stated in the Contract Data:

(0 th Contractor shall submit to the Engineer the Contactos
Documents fr his par in accordance with the procedures specific
inthe Contract,

(6) ese Contractor's Documents shall be ia accordance withthe
Specification and Drawings, shall be writen in the language
for communications defined in SubClause 14 (Law and
Language). and. shall include addtional information required by
the Engineer to add tothe Drawings for co-ordination of cach
Par designs

(©) the Contractor shall be responsible fr his part and it shall, when
the Works are complete, be fit for such purposes for which the part
is intended as are specific inthe Contract; and

(prior to the commencement of the Tests on Completion, the
Contractor shall Submit 10 the Engineer the “as-built” documents
and operation and maintenance manuals in accordance with the
‘Specification and in sficen detail for the Employer to operat,

ain, dismantle, reassemble, adjust and repair this par o 1e
Works. Such part shall not be considered as completed forthe
[ei ‘of tking-over under Sub-Clause 10.1 Taking Over ofthe
‘and Sections) uni hese documents and manuals have been

ted othe Engineer.

“The Contractor shall obtain (a his cos) a Performance Security for his
proper performance ofthe Contract, in the amount sated in the Contract
Pa The Contmctor shall deliver the Performance Security 10 the
Employer within 14 Days after the receipt of the Leer of Acceptance.
“The Performance Security shall be in the form accepabl tothe Employer
as stipulated in Contact Data

Without imitation tothe provision ofthe preceding paragraph and subject
to Section 13.0 whenever the Engineer determines an addition 10 the
Contact Price as a result ofa change in cost and/or Change in Law andlor
as a result of a variation amounting o more than 25 (wenty ive) percent
of the Initial Contact Price, the Contactor, at the Engineers writen
request, shall promptly increase the value ofthe Performance Security by
‘an equal percentage and therealr in thresholds of en percent of the

SONO

so
TC

Initial Contract Price. The Performance Security of joint venture shal Be
in he name ofthe joint venture,

“The Contactor shalt ensure that the Performance Security is valid and
Enforceable uni the Contractor has executed and completed the Works
nd remedied any defects Ifthe toms ofthe Performance Security specify
its expiry date and the Contratos has not become entitle to recive the
Performance Certificate by the date 28 Days prior (0 the expity dats the
Contractor shal extend the validity of the Performance Scourity ul the
Works have been complete and any defects have ben remedied,

“The Employer shall reum the Performance Security 10 the Contractor
thin 2} Days ale receiving a copy ofthe Performance Certificate,

43 “The Contractor shall appoint the Contractor's Representative and shal give
Contractor's im all authority necessary to act on the Contractor’ behalf under the
Representative Contact.

Unless the Contractor's Representative is named in the Contract, the
Contractor shal, prior to the Commencement Date, submit to the Engineer
for conse the name and particulars ofthe person the Contractor proposes
Ko appoint as Contactor's Representative. IF consent is withheld or
Subsequently revoked, or if Ihe appointed. person fils to act as
Comractor’s Represemative, the ‘Contactor shall similarly submit the
Fame and para of another suitable person for such appointment

“The Contractor shall ot, without the prior consent ofthe Engineer revoke
the. appointment of the Comacters Representative or appoint a
replacement

“The Contractor's Representative shal, on behalf ofthe Contractor, receive
instructions under Sub-Clause 3.3 suction ofthe Engineer)

ss “The Contactor shall not subcontract
Subcontractors

1 whole ofthe Werks

‘The Contractor shall be responsible for the acts or defaults of any
Subcontractor, his agents or employees asf they were the cts o defaults

ie Congas.
pie sad in te Const Da:
(a) the Cóntaiorsall not be required 10 obtain consent o suppliers of
Mafra or to a subcontract for which the Subcontractor is named
inthe Contact,

(©) the prior consent ofthe Engineer shall be obtained 1 other proposed
Subeonrctos and

(0 the Contractor shall give the Engineer not less than 28 Days" notice
ofthe intended dto ofthe commencement of each Subsontractor’s
‘work and of the commencement of such work onthe Sie.

4s If a Subcontractor’ obligations extend beyond the expiry dae of the
‘Assignment of Benefit relevant Defects Notation Period andthe Enginer, prio o this date
of Subcontract instructs the Contracir to assign the benefit of such obligations 10 the

Employer, then the Contractor shall do so. Unlssolherwise stated I the
‘assignment, the Contactor shall have no liability tothe Employer forthe
‘work cared out by th Subcontractor afer the assignment takes effet

ATINA RC DRA

46 “The Contractor shall a specified in the Contractor as insruted by the
Co-operation Engineer allow appropriate opportunities For carving out work 10:

(a) the Employer's Personnel
(0) any other contractors employed by the Employer; and
(© tte personne! of any legally constituted public authors

‘who may be employed in the execution on or near the Site o any work not
included inthe Contact,

Any sch instruction shal constitute a Variation, ad to the extent hat it
mses the Contactor lo incur Unforesceable cost by the date of
Submision of Bd. Services for these personnel and other contractors may
include the use of Contractor's Equipment, Temporary Works or acces
rangements which are the responsibility of he Contractor.

“The Contractor sal be responsible for his consimetion activities on the
Site, and shall co-ordinate his own actives with those of other
‘contractors to the extent (any) specified in the Contract.

47 “The Contractor shall st out the Wor in relation to original points, lies

Setting Out and levels of reference specified in the Contract or notified by the
Engineer. The Contractor shal be responsible fr he correct positioning of
all parts of the Work, and shall rectify any eror inthe postions, levels,
dimensions or alignment of the Works,

“The Employer shall be responsible for any errors in these specified or
notified lems of reference, but the Contactor shall use reasonable efforts
16 verily their accuracy before they are used,

IF the Contractor suffers delay andor incurs Cost from executing work
Which was necessitated by an error in these items of reference, and an
experienced Contractor could not reasonably have discovered such ero
and avoided this delay andor Cost, the Contato shall give notice to Ihe

jöenand shall be entitled subject to Sub Clause 19.1 (Contractor's

sion of time for any such delay, if completion is or will be
under Sub-Clause 84 (Extension of Time for Completion)

and

(©) payment of any such Cos plus reasonable prof, which shall be
Included in the Contract Price

‘After receiving this note, the Engineer shall proceed in accordance with
Sub-Cause 34 (Determinaion) to ares or determine: (i) whether and (iF
50) to what extent the err could not reasonably have been discovered:
204 i th mars ect in subparagraphs () and) above reed
10 this extent

$
HOT TTC TORTA

Safety Procedures

49
Site data

a0
Salficiency of the
Initial Contract Price

The Contractor shall

(a) comply with al applicable safety regulations

(6) take cre forte safety ofl persons entitled tobe on the Site

(©) use resonable efforts to Keep the Site and Works clear of
Unnecessary obstruction so 4 o avoid danger to these persons;

(8) provide fencing, lighting, guarding and watching ofthe Works until
Completion and taking over under Clause 10.0 (Employer's Taking
Over): and

(©) provide any Temporary Works (including roadways, footways,
tarde and fences) which may be necessary, because of the
‘execution of the Works, for the use and protection ofthe public and
‘of owner and oocupiers of adjacent land.

“The Employer shall have made available to the Contractor for his
information, prior to the Base Dat, all relevant data inthe Employer's
possession on sub-surface and hydrological conditions at the Sie.
Including environmental aspects, The Employer shall similarly ma
Available 10 Ihe Contractor all such daa, which came into the Employer's
possesion fer the Base Date. The Contractor shall be responsible for
Imtrpreing al uch at.

To the extent, which was practicable (aking account of cost and tim), the
Contractor shal be deemed to have obtained all necessary information as
to risks, contingencies and other circumstances which may influence or
alter the Bid or Works, To the same extent, the Contractor shall be
Seemed 10 have inspected and examined the Site, ts suroundings, the
“above data and othr available information, and to have been saisi
before submiting he Tender a 1 all relevant mates, including (without
imitacion)

the form and nature ofthe Sie, including sub-surface condition;
the hydrological ad climate conditions:
the extent and nature of the work and Goods necessary for the

sn and cmpion oe Won ad th raed ny
W rose nd our pr ofthe Con and
Conca remets for acu, screen. iin

personel, power, transport, water and other services,

“The Contractor shall be deemed to:

have satisfied himself so the coreciness and sufiiency ofthe bid
price: and

(6) have based the bid price on the data, interpretations necessary
Information, inspections, examinations and satisfaction as to al
relevant mater refered o in Sub-Clause 49 (She Dat).

Unless otherwise stated in the Contract, the bid price covers enti
Contractor's obligations under the Contact (including those under
Provisional Sums, if any) and al things necessary für he proper execution
‘and completion of the Works and the remedying of any defects.

E]

ORTHO TANTART SO

Sesion - Coins of Cnt

an
Unforeseeabie
Physical Conditions

ln this Sub-Clause, “physical conditions” means natural physical
Conditions and man made and other physical obsiutions and pollas.
(Shih the Contractor encounters atthe Site when executing the Work
Tncloing sub surface and hydrological conditions but exciding climatic
conditions.

If the Contractor encounters adverse physical conditions, which he
«consider to have been Unforeseable, the Contractor shall give notice 10
the Engines as soon as practicable

“This notice shall describe the physical conditions, so tht they can be
inspected bythe Engineer, and shal set out the reasons why the Contractor
comidos them to be Unforeseeable. The Contcior shall continue
txecuting the Work, using such proper ad reasonable measures as are
appropriate for the physical conditions, and shall comply with any
innructions, which the Engineer may give, ian instruction constitutes à
‘Variation, Clause 13.0 (Variations and Adjustments) shall apply.

If and tothe extent thatthe Contactor encounters physical condition.
‘which are Unforeecable, gives such a notice, and suflers delay andlor
incurs Cost due to these conditions, the Contracio shal be ed subject
16 Sub-Clause 19.1 (Contractors Claims) to

(0) an extension of time for any such delay, if completion is or will be

‘elayed, under Sub-Clause 84 (Extension of Time for Completion):
and

(6) payment of any such Cost which shall be included inthe Contract
Price

Alter receiving such notice and inspecting and/or investigating these

Physicl condition, the Engineer shall proceed in accordance with Sub-

Clause 34 (Determinations) to agree or determine () whether and (if 0)
and

toa eet oe sendin ve Unforeabe and te mater
described in sub-paragraphs (a) and (b) above related to this extent.
he Ener my te Eon wither er plc
RS ar pdas de Works (Fa) vere nor tne tan
HAT 2 onen dal des more vote sendos were
À he ge may sed in score ih Supl 34
RS tae consis, ah my be coed (sto) le
onan is nd Pym Catone

However, before additional Cost is finally agree or determined under sub»
psa (

bly have been foreseen when the Contactor submited the

ions) to ages or determino the reductions in Cost which were

“The Engineer may take account of any evidence ofthe physical conditions
foreseen by the Contactor when submiting the Tender, which may be
made rable bythe Coma, hal et be bound by any sch

‘The Contractor shall be responsible forall Contractors Equipment. When
brought on tothe Si, Contractor's Equipment shall be deemed to be
exclusively intended forthe execution ofthe Works. The Contrato shall
fot remove fiom the Site any major items of Contactors Equipment
‘without the consent of the Engineer. However, consent shall not be
‘Eau for veis spring Goods or Conos Psome off

CNT TD

sion coxraacts

Sean 9: Con eae

443
Protection ofthe
Environment

au
Progress Reports

Contractor's Equipment which is owned by the Contracts (either directly
or indice) shal be dered to be the propery ofthe Employer with
ect rom its arval onthe Sie. This vesting of propery shall ot

(afoot the responsibilty or liability of the Employer

() prejudice the right of the Contractor tothe sole use ofthe vested
ontractors Equipment forthe purpose of the Works; or

(©) affect the Contactors responsibility to operate and maintain
Contractor's Equipment.

“The propery in each item shall be deemed to revest in the Contractor
when he is ented either to remove it from the Site orto receive the
Taking-Over Cetfiate forthe Work, whichever occurs fs

“The Contractor shall ake al easonable steps to protec the environment
(eth on an off the Site) and to limit damage and nuisance to people and
Property resulting rom Pollution, nose and other results of his operations.

“The Contactor shall ensure thet emissions, surface discharges and eluent
fiom the Contractor’ activities shall not exced the values indicated in the
Specification, and shall not exceed the values presribed by applicable
Las.

Unless otherwise stated in the Contract Data monthly progress reports
shall be prepared by the Contractor and submitted tothe Enginer in two
‘copies. The fist report shall cover the period up 1 the end of the fist
calendar month following the Commencement Date. Reports stall be
Submited monthly thereat, each within 7 Days afer the last day of the
Period to which trees.

Reporting shall continue until the Contractor has completed al work
Which is known to be oubtandig atthe completion date stated inthe
“Taking Over Certificate forthe Works.

shall include:
(OTRO ete aras of ros, malin ch sg
i ay), Contractor's Documents, procurement, manufacture,
delivery to Site, construction, erection and testing, and including
Stages for work by each nominated Subcontrator (a defined

in Clase 5.0 Nominated Subcontractors):

(©) photographs showing the satus of manufacture and of progress on
‘the Site; *

(©) Where applicable, for the manufacture of each main item of Plant
and Material, the name ofthe manufacture, manufacture location,
percentage progres, and he actual or expected dates of

commencement of manufactur;
i) Contractors inspections;

iy tests; and

69) shipment and rival at the Site:

RTT TAT RT TT ADS

Sesion 3: Cond afcainet

ss
Contractor's
Operations,
onsite

416
Fossils

(8) the details described in Sub-Clause 6.9 (Records of Contractor's
Personnel and Equipment)

(©) copies of quality assurance document, test results and cerifictes
of Materials

(0 lis of notices given under Sub-Clause 2.4/Employers Claims) and
‘notes given under Sub-Clause 19.1 (Contractor Claims):

(&) safety site, including details of any hazardous incidents and
“civic relating to environmental aspects and public relations and

(0) comparisons of actual and planned progress, with detils of any
event or circumstances which may jeopardise the completion in
“accordance withthe Contract, and the measures being (orto be)
‘Adopted to overcome delays.

‘The Contractor shall confine his operations to the Site, and to any
additional areas, which may be obtained bythe Contactor and agreed by
the Engineer as working areas, The Contactor shall ake all necessary
‘precautions to keep Contractor’ Equipment and Contractor's Personnel
‘within the Site and these addtional areas, and to keep them off adjacent
land.

During the execution ofthe Works, the Contractor shall keep the Site free
from any unnesessry obstruction, and shall store or dispose of any
‘Contractors Equipment or surplus materials. The Contrecto shall clear
say and remove from the She any wreckage, rubbish and Temporary
Works, which are no Tonge, required,

{Upon the issue of a Taking-Over Cenúfiae, the Contactor shall clear
away and remove, fom tht part of the Site and Works o which the
‘Taking Over Cerifiete refers, all Contactors Equipment, suplus
material, wreckage, rubish and Temporary Works. The Contactor shall
leave that part of the Site and the Works ina clean and safe condition.
However, the Contractor may retain on Site, during the Defects Notf-
riod, such Goods as are required for the Contractor to fal

Loins, aces of valve or antiquity, and structures and other
tems of geological or archaeological interest found on the Site
placed under the care and authority of the Employer. The
Contractor shall take reasonable precautions 10 prevent Contractor's
Personnel or other persons fom removing or damaging any of these
findings.

“The Contractor shal, upon discovery of any such finding, promptly give
notice tothe Engines. who shall isue instructions for dealing with I
the Contractor suffers delay andor incurs Cost from complying with the
instructions, he Contracor shal give a further notice tothe Engineer and
stall be entitled subject to Sub-Cinuse 19.1 (Comracor‘s Claims to:

(4) an extension of time for any such delay, if completion is or will be
Ses under Sub Case 8.4 xenon of Tine for Completo

se
FORA RATA A

() payment of any such Cos, which shall be included inthe Contrast
Price

[After receiving this further notice, the Engineer shall proceed in
Scoordance with Sub Clause 34/Determinations) to agree or determine
these matters

‘The Contractor shall institute a quality assurance sytem 10 demonstrate
compliance with the requirements ofthe Contract. The system shal be in
cantares with the details stated in the Contract. The Engineer shall be
‘rtd o audit any aspect ofthe system

‘els ofall procedures and compliance documents hal be submited to
the Engineer for information before each design and execution stage is
‘Commenced, When any document of a technical nature is issued 10 the
Engineer evidence ofthe rio approval by the Contractor himself shall be
appart on the document el

Compliance with the quality assurance system shall not relewe the
Contactor of any of his dite, obligations or responsibiites under the

Contac.

438 ‘The Contractor shall bear all costs and charges for special andor
‘Rights of Way and temporary rights of way which he may require, including those for access
Faciles to the Sie. The Contactor shall also obtain, a his risk and cost, any

‘ditional facies outside the Site which he may require for the purposes

ofthe Works.
as “The Contractor sal ot interfere unnecessarily o improperly with:
‘Avoidance of
Interference (2) the convenience ofthe public, of
(0) the acces to and use and occupation of all ronds and footpaths,
Irespecio of whether they are public or in the possession of the
Employer or of others
or shall indemnify and hold the Employer harmless aginst.
all damages, losses and expenses (including legal fees and
sulting fom any such unnecessary or improper interference.
420
‘Access Route bility of acces routes to the Site. The Contractor shall use

‘Teasonable efforts to prevent any rod or bridge from being damaged by
the Contrctr's waffe or by the Contractor's Personnel. These efforts
shall include the proper use of appropriate vehicles and routes.

Except as otherwise stated in these Conditions:

(@) the Contractor shall (as between the Parts) e responsible for any
maintenance which maybe required for his use of access routes:

(6) the Contractor shall provide all necessary signs or directions along
acces routes, and shall obtain any permission which may De
‘ered om len an Owe foes, Ss ad

SECOND EDITION, JANUARY 2507 or
a A

421
‘Transport of Goods

A
Definition of
nominate
Subeomtractor”

Objection to
‘Nomination

(©) the Employer shall not be responsible for any claims which may
ais rom the use otherwise o any acess routs

®

o

by the Contractor, of access routes shal be bom by the Contacto.

(the Contractor shall give the Engineer not les han 7 Days notice of
the date on which any Plant or major tem of other Goods wil be
delivered to he Se,

(6) the Comracior shall be responsible for packing, loading.
‘transporting, receiving, unloading, storing and protecting all Goods
and her things required forthe Works and

(©) the Contractor shall indemnify and hold the Employer harmless
against and from all damages, losses and expenses (including lega
fees and expenses) resting from the transport of Goods, and shall
negotiate and pay al claims arising fom ther anspor.

(2) the Contractor shall be responsible for keeping unauthorized persons
off the Sie, and

(6) authorized persons shall be limited tothe Contractor's Personnel and
the Employers Personne; and 1 any other personne notified t the
‘Contractor by the Employer or the Engineer, as authorized personnel
‘ofthe Employer's other contractors on the Ste

5.0 Nominated Subcontractors
Inthe Contract, “nominated Subcontractor” means a Subcontractor:
(a) who is stated in the Contract as being a nominated Subcontractor or

whom the Engineer, under Clause 130 (Variations and
EN ena te Contre brome

i aaa
aos it a
ee ee
ee
fe le a nn or
EEE E

(2) there ar reasons to believe thatthe Subcontractor does not have
sufficient competence resources o financial eng;

(© te iron does not sei that the nominated Subcontcior

(©) the subcontract does not specify that, for the subcontracted work
ung design if ny), the nominated Subeontrctr shall

se
AAA SS

ss
Payments to
‘nominated
Subcontractors

54
Evidence of
Payments

sa
Rates of Wages
and Conditions of
Labour

62
Persons inthe Service
of Employer

63
Labour Laws

isa will
abit

(undertake tothe Contractor such obligations and Ha
enable the Contractor to discharge his obligations
‘under the Contract: and

(6) indemnify the Contrctor against and from all bligaion and
liabilities arising under or in connection with the Contact and
from the consequences of any failure by the Subcontractor lo
perform thee obligations ot Fil these liabilities.

“The Contractor shall pay to the nominated Subcontractor the amount,
which the Engineer certifies to be due in accordance wit the subcontract
“These amounts plus other charges shall be included in he Contract rice in
accordance with subparagraph () of Sub-Clause 134 (Provisional Sums)
‘except as stated in Sub-Clause 5.4 (Evidence of Payments)

Before issuing a Payment Cenificate which includes an amount payable to
à nominated Subsontactor, the Engineer may request the Contractor to
Supply reasonable evidence tha the nominated Subcontractor has received
Si amounts due in accordance with previous Payment Certificates, less
applicable dedutions for retention or etherwise, Unless the Contractor:

(&) submits his reasonable evidence tothe Engineer: or

(©) © satisfies the Engineer in wring that the Contactors reasonably
‘led to withhold or refuse o pay these amounts; and

(6) submit othe Engineer reasonable evidence thatthe nominated
Subeonractor hs been notified of the Contractor's emilement.
then the Emplayer may (at his soe discreto) pay. dies othe
‘nominated Subcontractor, pr or al of such amounts previously
cet (less applicable deductions) as are duc othe nominated
Subcontractor and for whieh the Contractor has failed 10 submit
the evidence described in sub-pararaphs (8) or (b) above. The
Contractor shall then repay othe Employer, the amount which
the nominated Subsonracor was directly paid bythe Employer.

6.0 Staff and Labour

or shal pay rates of wages, and observe conditions of labour,
ik Tower than those established fr he trade or industry where
€ er amd ut In cb ds o condes ar aplicable
the Contractor shall pay rates of wages and observe conditions, which ae
‘not lower than the general level of wages and conditions observed locally
by employers whose rade or industry le similar o that ofthe Contacto,

‘The Contractor shall not recruit, or attempt 1 recruit, sa and labour
from amongst the Employer's Personnel.

“The Contractor shall comply with al the relevant labour Laws a
10 the Contactors Personnel, including Laws relating to their
employment, health, safety, welfare, immigration and emigration, and
‘hall allow them all thee el right

‘The Contractor shall require hs employees to obey all applicable Laws,
including those concerning safety at work

OAMI RT ITA

Sen 3: Conve of Comet

Working Hours

ss
Facilities for Stat
and Labour

66
Health and Safety

67
Contractor's
Superintendence

ss
‘Contractor's Personnel

No work shall be cared out on the Sie on locally recognized Days of
resto outside the normal working hours, unless

(2) otherwise stated inthe Contact
(©) the Engineer gives consent or

(©) te work is unavoidable, or necessary forthe protection of ie or
property or forthe safety of the Works, in which case the
‘Contractor shall immediatly advise the Engineer.

“The Contractor shall not permit any of the Contractor's Personnel 10
‘maintain any temporary or permanent living quarters within the structures
Forming par ofthe Permanent Works.

“The Contractor shall a all times take all reasonable precautions 10
maintain the healıh and safety of the Contactors Personnel. In
Collaboration vit local health authorities, the Contractor shal ensure that
first aid facilis are available at all times at the Site and at any
accommodation for Contractor's and Employer's Personnel, and tit
<ulable arrangements are made forall necessary welfare and hygiene
Fequiement and for he prevention of epidemics.

“The Contractor shall designate a separate person to deal with safety and
protection against accidents. The Contractor shall send, 10 the Engineer.
Sets of any accident as soon as practicable afte is occumence. The
Contractor shall maintain records and make reports conceming health,
salty and welfare of persons, and damage to propery, asthe Engineer
may reasonably require.

“Throughout the execution of the Works end as long thereafter as is
necessary to fu the Contratos obligations, the Contractor shall
provide all necessary superintendence to plan, arrange, direct, manage,
Inspect and tes the work

Superintendene hallo given by’ sufficient number of persons having
Knowledge of the language or communications (define in Sub-
se 1% (La and Language) and ofthe operations o be carried out
{ methods techniques required, Ihe hazards likely 10 be
and methods of preventing sides), forthe satisfactory and

safe execution of the Works,
Se

“The Contractor's Personnel shall be appropriately qualified, skilled and
experienced in their respective trades or occupations. The Engineer may
require the Contractor fo remove (or cause to be removed) any person
‘Employed onthe Site or Works including the, Contractor's Representative
iFappicbie, who:

CE
(©) caries out duties incompetently or negligenty;

in any misconduct or lack of are;

(©) lls to conform with any provisions ofthe Contract oF

(4) peri in any conduct which is prejudicial to safety, health, or the
Protection ofthe environment,

oo
ORT EON TNR OS

Sein 3. Coes of Com

69
Records of.
Contractor's
Personnel and
Equipment

610
Disorderly Conduct

za
Samples

72
Inspection

appropriate, the Contractor shall hen appoint or cause o be appeinted)
‘suitable replacement person,

“The Contactor shall submit, the Engineer, details showing he number
of each clas of Contactors Personnel and ofeach type of Contractor's
Equipment on the Site

Detail shal be submited each calendar month in a form approved by the
Engineer, until the Contactor has completed all work which is known 10
be outstanding atthe completion date stated in th Taking-Over Certiate
forthe Works

“The Contractor shall at al times take ll easonabl precautions to prevent
any unlawful ritos or disorderly conduct by or amongst he Contractors
Personne, and to preserve peace and protection of persons and property on
and near the Se.

7.0 Plant, Materials and Workmanship

“The Contractor shall submit the fllowing samples of Materias, and
relevant information, 10 the Engineer for consent prior 10 using the
‘Materials in or forthe Works:

(0 manufacture standard samples of Materials and samples specified
inthe Contract, ll at he Contractors cost; and

(6) additional samples nstruted by the Engineer as a Variatio.
Each sample shall be labelled as 1 origin and intended use In the Works
‘The Employer's Personnel shall a all reasonable times:

{have fall access to all parts ofthe Site and tall places from which
vitral Materials are being obtained and

production, manufacture and consu at he Ste and

: SO one te cis pe messed tes the

LOTS” ma verme ad chon de popes of
ue of lant ad producto an act of tra

“The Contactor shall give the Employer's Personnel fll opportun
camy out these activities, including providing access, f
permissions and safety equipment. No such activity shall reli
Contactor fom any obligation or responsibility

‘The Contractor shall give notice to the Engineer whenever any work is.
ready and befor itis covered up, put out of sigh, or packaged for storage
or transport. The Engineer hall then either cam out the examination,
inspection, measurement or testing without unreasonable delay, oF
prompt give notice tothe Contactor thatthe Engincer des not require
to do so. Ifthe Contractor fils to give the notice, he shal, if and when
required by the Engineer, uncover the work and thereafter reinstate and
‘make good, al atthe Contractor's cost

a

HOOT ETON IA Ta Tor Coston Tagan DETECTA

Secon 3e Coie of Cont

73
Testing

74
Rejection

This Sub-Clause shall apply to all ests specified in the Contact, other
than the Test afer Completion (any).

‘The Contractor shall provide all apparatus, assistance, documents and
her information electric, equipment, fu, consumables, instruments,
labour, materials, and suitably quslied and experienced staff, as are
necessary 10 camy out the specified tess efficiently. The Contracior shall
agree, with the Engineer, he time and place forthe specified testing of any
Plant, Materials and other parts ofthe Works.

‘The Engineer may, under Clause 13.0(Variaions and Adjustment) vary
the location or deals of specified tests, or instruct the Contactor to amy
out ational tests. If these varied or additonal tests show that the tested
Plant, Materials or workmanship i nt in accordance withthe Contrat.
the cost of earying out this Variation shall be bore bythe Contractor,
notwithstanding ther provisions ofthe Conta.

“The Engineer shall give the Contractor not ess than 24 hours notice of he
Engines intention to attend the tet I the Engineer does not aten st
the time and place agreed, the Contractor may provesd with the te,
unless otherwise instrcted by the Enginer, and the tests hal! then be
‘deemed 10 have been made in the Engineer s presence

If the Contractor sues delay andor incurs Cost from complying with
these inscion or as result of a delay for which the Employer is
responsible, the Contractor shall give noice 1 the Engineer and shal be
entitled subject to Sub-Cluse 19. (Contactors Claims)

(@) an extension of time for any such delay, if completion is or willbe
delayed, under Sub-Clause 84 (Extension of Time for Completion)
and

(6) payment of any such Cost plus reasonable prof, which shall be
{eluded inthe Contract Price.

‘After receiving this notice, the Engineer shall proceed in accordance with
‘Sub-Clause 3.4 (Determinations) o agree or determine these matin.

Him, to that effec. Ihe Engineer has ot atended the tests,
be deemed o have accepted the readings as accurate.

If, as result of an examination, inspection, measurement o testing, any
Plan, Materials or workmanship is found 10 be defective or otherwise nat
in accordance with the Contact, the Engineer may reject the Plant,
Materials or workmanship by giving notice to the Contactor, with
reasons. The Contactor shall then promptly make good the dfest and
‘ensure thatthe ejected item complies with the Conta,

IF the Engineer requires this Plant, Materials or workmanship 10 be
retstd, the tests shall be repeted under the same terms and conditions. I
the rejection and retesing cause the Employer to incur addinal cost,
Ihe Contractor shall subject 10 Sub-Clause 24 (Employer's Claims) pay
these costs 1 the Employer

HOT TS CA

15
Remedial
Work

16
Ownership of Plant
and Materials

13
Royalties

si
Commencement of
Works

Nowwihstanding any previous test or certification, the Engineer may
inst the Contactor

remove from the Site and replace any Plant or Materials which i
rotin accordance with the Contract,

(0) remove and r-enecute any other work which isnot in accordance
‘withthe Contac; and

(execute any work which is urgently required für the safety of the
Works, whether because of an accident, Unfrescable event 06
otherwise

“The Contractor shall smply withthe instruction within a reasonable tine,
‘which shal be the ie (Fan) specified inthe instruction, or immediately
¡Furgeney is specified under sub-paragraph ().

Af the Contractor fils to comply with the instruction, the Employer shall
be ented o employ and pay other persons o carry cu the work, Except
to the extent ha he Contactor would have been entitled to payment for
the work, the Contractor shall subject 10 Sub-Clause 24 (Employers
Claims) pay tothe Employe all costs arising from this are

Each item of Plant and Materials shall tothe extent consistent withthe
Laws ofthe. Country, become he property ofthe Employer at whichever
is the earlier of the following times, fee from liens and other
‘encumbrances:

© when itis delivered tothe She;

(©) when the Conmctr is entitle to payment ofthe valve ofthe Plant
nd Materials under SubsClaune 810 (Papmen for Plan and
‘Materials in Event of Suspension

Unless otherwise ste in the Specification, the Contacto shal pay all

royals, rent and oer payments for

465 nat Materials obtained from outside the Sie; and

GGA of materi fom demolitions and excavations and of

Oiher/Surplus material (whether natural or man-made), except t the
exe that disposal areas within the Site are specified in Ihe Contract,

.0 Commencement, Delays and Suspension,

‘The Engineer shall give the Contractor not less than 7 Days’ notice ofthe
Commencement Date. Unless otherwise sated inthe Contract Data, the
Commencement Date shall be within 14 Days after the Contractor receives
the Leter of Acceptance

“The Contractor shall commence the execution ofthe Works as son a is
reasonably practicable afer the Commencement Date, and shall then
proceed withthe Works with dus expedition and without dla

a

HOT

Tr Tr Con TI CTA

usos cowrmacrs. Sesion 3: Caden ef Cnet

82 “The Contractor shall complete the whole ofthe Works, and each Section
Time for Completion (if any), within the Time for Completion fr the Works or Section (asthe
ease may be) including:

(@) achieving the passing ofthe Tests on Completion; and

(completing all work which stated inthe Contract as being requir
for the Werks or Seton o be considered 10 be completed for the
purposes of taking-over under Sub-Clause 10.1 (Taking Over of the

Works and Sections)
83 “The Contractor shall submit a detailed time programme to the Engineer
Programme within 14 Days afer receiving the notice under Sub-Clause 8.1

(Commencement of Work). The Contractor shall also submit a revised
Programme whenever he previous programme i inconsistent with actual
Progress or with the Contractor's obligations. Each programme shall
Include!

(0) the order in which the Contactor intends to camry out the Works
including the anticipated timing of each stage of design (if any).
Contractor's Documents, procurement, manufacture of Plant,
delivery to Site, construction erection and testing;

(©) cach ofthese stages for work by each nominated Subcontractor as
‘efined in Clause 5.0 (Nominated Subcontractors):

(©) the sequence and timing of inspections and tests specified inthe
‘Contac; and

(6) a suppoming report which includes:

6) a general description of the methods which the Contractor
Intend o adopt and ofthe major stages in the execution ofthe
Works; and

i) details showing the Contractor's reasonable estimate of the

number of each class of Contractor's Personnel and of cach
{ype of Contractr's Equipment, required on he Site for each
major stage.

ner, within 14 Days afer receiving a programme, gives
{Contactor stating the extent to which i doesnot comply with

“the Contractor shall proceed in accordance with the
subject to his other obligations under the Contract The
Employer's Persomel shall be entitled to rey upon the programme when
planing thir ats

“The Contractor shall promptly give notice to the Engineer of specie
probable future events or circumstances, which may adversely affect the
‘ork increase the Contac Price or delay the exceution ofthe Works The
Engineer may require the Contactor to submit an estimate of the
pated effet of the future event or circumstances andor a proposal
under Sub-Clause 13.3 Variation Procedure).

16, at any time, the Engineer gives notice to the Contractor that &
programme fal (othe extent sated) to comply with the Contract oro be
onsisient with actual progress and the Contractor's stated intentions. the
Contractor shall submit revised programme to the Engineer in
accordance with his Sub-Clause.

se
OAMI TRE SO

Sesion: Contos of Cones

sa
Extension of Time for
‘Completion

Delays Caused by
‘Authorities

86
Rate of Progress

“The Contactor shall be etd subject o Sub-Clause 19.1 (Contractor's
Cains) to an extension of the Time for Completion if and tothe extent
that completion forthe purposes of Sub-Clause 10.1 (Taking Over of the
Works and Sections) iso wil be delayed by any ofthe following causes:

(® 3 Variation (unless an adjustment othe Time for Completion has
been agreed under SubClae 133 (Variation Procedure)! or
‘other substantial change inthe quantity ofan item of work included
inthe Contract,

(6) a cause of delay giving an entitlement to extension of time under a
Sub-Clause ofthese Conditions;

(© exceptionally adverse climatic conditions;

(&) Unforeseeable shortages in the availability of personnel or Goods.
‘caused by epidemic or governmental actions; o

(0 any delay, impediment or prevention caused by or aribuable to
the Employer, the Employers Personnel or the Employer’ other
contractor on the Site

If the Contractor considers himself to be ented to an extension of the
‘Time for Completion, the Contactor shal give notice tothe Enginer in
sccordance with Sub Clause 19.1 (Contractor's Claims) When
‘determining cach extension of time under Sub-Clause 19.1, the Engineer
Shall review previous determinations and may increase, but shall not
decrease the tal extension of time.

the following conditions apply, namely:

(@) the Contractor hs diligenty followed the procedures ai down by
the relevant legally constituted public authorities inthe Country

(6) these authorities delay o disrupt the Contractors work and
(6) the delay or disuption was Unforesccabl,

delay or disruption will be considered as a cause of delay under
erp (1) of Sub-Clnuse 8 (Extension of Time for Completion.

progress is 100 slow to complete within the Time for
Completion andor

(0) progress has fallen (or wil fll) behind the current programme under
Sub-Clause 83 (Programme)

other than as a result of cause listed Sub-Clause F4 (Extension of Tne
Jor Completion) then he Engineer may insuet the Contractor submit
‘under Sub-Clause 83 (Programme), a revised programme and supporting
report describing the revised methods which the Contactor proposes to
adopt in order to expedite progress and complete within the Time for
Completion.

Unless the Engineer notifies otherwise, the Contactor shall adopt these
revised methods, which may require increases in th working hours andlor

TTC)

87
Liquidated Damages

ss
Suspension of Work

Consequences of
Suspension

in the numbers of Contractor's Personnel andor Goods, at the risk and
oat of he Contractor. If these revised methods cause the Employer to
incur additional costs, the Convactor shall subject to Sub-Clause 24
(Eimployer's Claims) pay these cous 10 the Employer, in addition to
Tigudated damages (any) under Sub-Clause 87 below.

If the Contractor fils 10 comply with Sub-Clause 82 (Time for
Completion) the Contractor shall subject to Sub-Clause 24 (Employer's
‘Clams pay igudated damages tothe Employer for this default. These
Figuideted damages shall be he sum ste in the Contact Data, which
‘hall be paid for everyday, which shall elapse between the relevant Time
Tor Completion and the date stated in the Taking-Over Certificate
However the total amount due under this Sub-Clause shall not exced the
acim amount 0 Heed damages (ny) id In de Comet

“These liquidated damages shall be the only damages due from the
Contractor for such default, other than in the event of termination on under
Sub-Clause 152 (Termination by Employer) prior to completion of the
‘works, These damages shall not lieve the Contractor from his obligation
to complete the Works, or from any other duis, obligations or
responsible which he may have under the Contac

“The Engineer may a anytime instruct the Contractor fo suspend progress
of part or al of the Works. During such suspension, Ihe Contractor shall
protect, store and secure such par or the Works against any deterioration,
Toss or damage

“The Engineer may also notify the cause forthe suspension I and 1 Ihe
extent thatthe cause is notified and is the responsibility ofthe Contactor,
the following Sub-Clauses 89, 8.10 and 8.11 shall not app

Ihe Contractor sues delay andor incurs Cos from complying with he

Engineers instructions under SubClause 8.8 Suspension of Work) andlor

from resuming the Suspension work, the Contractor shall give notice 10

the Engineer and shall be entitled subject to Sub-Clause 19.1
‘races Claims) 1;

sion of ime for any such delay, if completion i or will be

under Sub Clase 8.4 (Extension of Time for Completion

payment of any such Cost, which shall be included inthe Contract
Price.

‘After receiving tis notice, he Engineer shall proceed in accordance with
Su Clause 34 (Determination) o agree or determine these manes.

“The Contractor shall not be eniled 10 an extension of time fr, or 10
payment ofthe Cost incumed in, making good the consequences of the
Contractor's faulty. design, workmanship or materia, or of the
Contactos failure o protec, store or secure in accordance with Sub
Cause 8.8 (Suspension of Work)

es
VAINA TT TE CAS

A
Payment for Pant and
Materials in Event of
Suspension

su
Prolonged
Suspension

an
Resumption of
Work

813
Management
Meetings

9
Contractor's
Obligations

92
Delayed Tests

“The Contactor shall be entitled to payment ofthe value (as at he date of
Te Ger or Plant andl Macias which have not been delivered to
Sie

(@) the work on Plant or delivery of Plant andlor Materials has been
Suspended for more than 28 Days; and

€ the Contractor has marked the Plant andor Materials as the
Employers property in accordance wih he Engineers instructions

If the suspension under Sub-Clause 88 (Suspension of Work) has
Continued for more than 34 Days, the Contractor may request the
ferns’ emission to proced. If the Engineer does not give
Parmision wihln 28 Days afte being requested 1 do so the Conan
ey ving notice to the Engineer, rat the suspension as an omission
an 13 (Variations and Adjusiment) ofthe afecod par ofthe
under Cie suspension aets the whole of the Works, the Contractor
Merve noice of termination under Sub-Clause 162 (Termination by
Contractor).

{Aer the permission or instruction to proceed is given, the Contractor and
‘Ae Egor sal Joly examine the Works and he Plant and Material
ed by the suspension. The Contactor shall make good any
Sorti or defect in or loss of the Works or Plant or Materia,
‘Which as ocurred during the suspension.

“The Engineer or the Contractor's Representative may require the ober 10
end à management meting in order 10 review the arrangements for
fare work, The Engineer shal record the business of such meetings and
Seon opie af the record to those attending the mectng and lo He
Employer.

9.0 Tests on Completion

‘The Contactor sal cary othe Tes on Compton in rat
Ta Gere Sa Ce 33 eng) aer pov de
A at aa scans of Sila 41
sey Cont Onto.
A0]
he

ats afr wich he Contractor will b ready to carry out each of the
et on Completion, Unes therwise agreed, Tests on Completion shall
te cad out within 14 Days afer this dat, on such day or Days asthe
Engineer shall instruct.

loc sal give 10 the Engineer not less than 21 Days nic of

In considering the results ofthe Tests on Completion, the Engineer shall
make allowances forthe effect of any use ofthe Works bythe Employer
Sn the performance or ater characteristics ofthe Works.

[As soon as the Works, or a Section, have passed any Tests on
Complets the Contactor Sal submit certe report of the results of
thse Tests tothe Engineer

Ifthe Tess on Completion are being unduly delayed by the Employer,
Sub Clause 73 (Testing) (Ah paragraph) andor Sub-Clause 103
(ntrference with Tests on Completion). shall be aplicable.

TORE NER RAD

93

Tests on
Completion

1.

If the Tests on Completion are being unduly delayed by the Contractor,
the Engineer may By notice require the Contractor to cay out the Tests
‘within 21 Days ar receiving he notice. The Contractor shall ary out
the Tests on such day or Days within tha period asthe Contactor may
Fix and which he shall give notice othe Engineer.

Af he Contractor fil to carry out the Tests on Completion within the
period of 21 Days, the Employers Personnel may proceed withthe Tests
St the risk and cost ofthe Contrcir. The Tests on Completion shall hen
‘be deemed to have ben carried ou in the presence of the Contactor and
the results ofthe Tests shall be accepted as accurate

If the Works, ora Section. falto pass the Tests on Completion, Sub
Clause 7.4 Rejection) shall apply, and the Engineer or the Contractor
‘may require th filed Tests, and Tests on Completion on any related
‘work, tobe repeated under the same terms and conditions.

IF the Works, ora Section, al to pas the Tests on Completion repeated!
under Sub Cause 93 Retstng the Engineer hall be ented 1:

(a) order further repetition of Tests on Completion under Sub-Clause
93 (Reesting);

(0) if the failure deprives the Employer of substantially the whole
benefit ofthe Works or Section, rejet the Works or Section (asthe
‘ase may bo) in which event the Employer shall have the same
remedies as ae provided in subparagraph () of Sub-Clause 11.4
(Failure to Remedy Defects): or

(©) issue a Taking Over Cenit, he Employer o requests.

In the event of sub-paragraph (o), the Contractor shall proceed in
accordance with all other obligations under the Contract, andthe Contract
Price shall be reduced by such amount as shall e appropriate o cover the
reduced value to the Employer as a result of this failure. Unless the
relevant reduction fr is alle is tated or its method of calculation is
defined) i the Contact, the Employer may require the reduction 0 be (

ibe eth Pres nal ston fi lo on) and pai

fs Taking-Over Certificate issued, o (i determined and paid

( ause 2.4 (Employer Claims) and Sub-Clause 3.4

Na

10.0 Employer's Taking Over

Except as stated in Sub-Clause 9.4 Faure o Pass Tests on Completion).

Taking Over ofthe the Works and Sections shall be taken over by the Employer when (the
Works and Sections Works have been completed in accordance with the Contact, including

the matters described in Sub-Clause 8.2 (Time for Completion) and except
as allowed in sub-paragraph (a below, and (1) a Taking Over Certificate
for the works has been issued, or Is deemed to have been issued in
accordance with this Sub-Clause

“The Contractor may apply by notice 1 the Engineer for a Taking Over
Cerificate not cartier than 14 Days before the Works will, in the
Contractors opinion, be complete and ready for aking ove. If the Works

une

os
ee ARA

102
‘Taking Over of Parts
‘of the Works

are divided into Sections, the Contractor may similar apply for a

‘Taking Over Certificate foreach Sesion

“The Engineer shall, within 28 Days after receiving the Contractor's
application:

issu the Taking-Over Certificate to Ihe Contractor, stating the date
on which the Works or Section were completed in accordance with
the Contract, except for any minor outstanding work and defects
‘which vil not substantially affect the use of the Works or Sesion
Tor ther intended purpose (either until or whilst this work is
‘completed and these defects are remedied; or

(8) reject the application, giving reasons and specifying the work
‘eared 10 be done by the Contactor to enable the Taking Over
‘Cenicate to be issued, The Contactor shall then complete this
‘work before ising further nice unde his Sub-Clause-

I the Engineer seither ise the Taking Over Cerise ro rest
the Contacter's aplication within the period of 28 Days, and if the
‘Works or Section (asthe ease may be) are substantially completed in
accordance withthe Contact, the Taking Over Certificate shal be deemed
A6 have been issued on he lst dy of that period

“The Engineer may, atthe sole discretion of the Employer, issue a Taking
Over Create for any par ofthe Permanent Works

“The Employer shall not use any part of the Works other than as a
temporary measure, which i either specified in the Contract or agresd by
both Parties unless and until the Engineer has issued a Taking-Over
Certificate for this part, However, if the Employer does use any part of the
‘Works before the Taking-Over Certfieate is issued:

(2) the part which is used shall be deemed to have been taken over as
from the date on which tis used;

Contractor shal cons fo be Hable forthe car of such pat as
‘rom this at, when responsibility shall paso the Employer; and

[Grud by the Cons, the Engineer sa ue a Taking
Feria or pr.

‘After the Engineer has issued a Taking-Over Certfiate for par of the
‘Works, the Contractor shall be given the earliest opportunity to tke such
steps as may De necesary lo carry out any outstanding Tess on
Completion, The Contractor shall cary out these Tests on Completion as
soon as practicable before the expiy date of the relevant Defects
Notificacion Perio.

IF the Contractor incurs Cost as a result of the Employer taking over
and/or using a par ofthe Works, cher han such use a specified in the
Contract or agreed by the Contractor, the Contrato shall) give notice
to the Engineer and (i) be emilled subject to SubClause 19.1
(Coniracor's Claims) 10 payment oF any such Cost plus resonable profi,
‘which shal be iced In the Contact Price, Alter receiving this notice
the Engineer shall proceed in accordance with Sub-Clause 34
(Determinations) 1 aros or determine this Cost and profit.

ODIA E
TR A

103
Interference with
Tests on
‘Completion

na
Completion of
Outstanding Work
and Remedying
Detects

fa Taking-Over Certificate has een issued for a part ofthe Works (other
than a Section), the liquidated damages thereafter for completion of the
remainder of the Works shall be reduced, Silay, the liquidated
“mages forthe remainder of the Section (i any) in which this pat is
included shall als be reduced. For any period of delay ater the date
sa "Taking-Over Ceficate the proportional reduction in these
Tiguidated damages shal be calculated as the proportion which the value
‘ofthe part so cried bears o the value ofthe Works or Section (as the
‘ase may be) as a whole. The Engineer sal proceed in accordance with
Sub-Clause 3.4 (Determinations) 1 age or determine these proportions

“The provisions of this paragraph shall only apply 10 the daily rate of
liquidated damages under Sub-Clause 8.7 (Ligidated Damages ) and
sal not afec the maximum amount ofthese damages

1f the Contractor is prevented, for more than 13 Days, from carrying out
the Tests on Completion by a cause for which the Employer is
responsible, the Employer shall be deemed to have taken over the Works
or Section (asthe case may be) on the date when the Tesis on Completion
‘would otherwise have bon completed.

“The Engineer shall then issue a Taking-Over Certificate accordingly, and
the Contactor shall cary out the Tess on Completion as soon as
practicable, before the expiry date ofthe Defects Notation Period The
Engineer shall require the Tests on Completion 10 be camied cut by giving
14 Days” notice and in accordance withthe relevant provisions of the
Contact.

If the Contractor suffers delay andor incurs Cost s a result ofthis delay
in camping out the Tess on Completion, the Contractor shal give notice
tothe Engineer and shall be ended subject to Sub-Clause 19
(Contractors Claims) to

(a) an extension of time for any such delay, iF completion is or will be
‘elayed under Sub-Clause 3. (Extension of Time for Completion),
and

© of any such Cost plus reasonable profit, which shall be
Incl in the Contract Pie.

note, he Engineer shall proceed in accordance with
these mates.

11.0 Defects Liability

In order thatthe Works and Contractor's Documents, and each Sesion,
shall be in the condition required by the Contract (air wear and tear
Sept) by the expiy dat of the relevant Defects Notification Period or
‘soon as practicable thereafter, the Contractor shall

(complete any work which is outstanding on the date stated in a
‘Taking Over Cerfiate, within such reasonable time as is
rte bythe Engineer: and.

(6) execute al work required to remedy defects or damage, as may be
ote by {or on behalf of the Employer on or before the expiry
‘ate ofthe Defects Notification Period forthe Works or Section
(es the case may be).

E
OAMI RATAS AD

Sein 3: Conn of net

na
Cost of Remedying
Defects

13
Extension of Defects
[Notification Period

114
Failure Remedy
Defects

If a defect appears or damage occurs, the Contractor shall be notified
according, by (or on bel of) the Employer.

{All work refereed tin sub-paragraph (b) of Sub-Clause 11.1 (Completion
‘of Outstanding Work and Remedying Defects) sal be executed atthe isk
‘thd cost ofthe Contactor, ¡and to the extent thatthe work is attributable
(a) amy design fr which the Contractors responsible;

I or workmanship not being in accordance withthe

(0) Plan, Mate
‘Contactor

(6) failure bythe Contractor to comply with anyother obligation

Fand to the extent that such work is attribuable to any other cause, the
Contractor shal be noid promptly by (or on behalf of the Employer,
and Sub-Clause 133 Variation Procedure) shall apply.

“The Employer shall be entitled subject 10 Sub-Clause 24 (Employers
Claims) to an extension ofthe Defects Notification Period forthe Works,
‘ora Section if nd tothe extent thatthe Works, Section or a major item of
Plant (asthe case may be, and afer faking over) cannot be used fr the
purposes for which they are intended by reason of a defector damage
However, a Defects Notification Period shall not be extended by more
than one year.

If delivery andlor erection of Plant andor Materials was suspended under
Sub.Clause 88 ¡Suspension of Work) or Sub-Clause 16.1 (Contractor's
Entitlement to Suspend Work), the Contractor's obligations under this
Clause shal ot apply o any defects or damage occuring more than two
years ar the Defets Notification Period for th Plant and/or Materials
‘Would otherwise have expired

1f the Contractor fis to remedy any defector damage within a reasonable
time a date may be fixed by (or on behalf of) the Employer, on or by
‘which the defct or damage isto be remedied. The Contractor shall be

rable notice ofthis at.
LT fails to remedy the defect or damage by this notified date
\and this redial work was 1 be executed atthe cost ofthe Contactor
ne Sa Clee 112 (Cs Remi Df m Epler muy
(at his option

(@) cary out the work himself oF by others, na reasonable manner and
ft the Contractor's cos, but the “Contractor shall have no
‘esponsibility fr his work; and the Contractor shall subject to Sub.
Clause 24 (Employer's Claims) pay 10 the Employer the costs
ressonably inured by the Employer in remedying the defect or
damage:

(©) require he Engineer to agree or determine a reasonable reduction in
the Contract Price in accordance wih Sub-Chuse 34
(Determinations

(©) ifthe defector damage deprives the Employer of substantially the
whole benefit of ıhe Works or any major par of the Work.

FORD ETON NAR AF TCT TA ATC.

ns
Removal of Defective
Works

116
Further Ten

m7
‘Contractor to Seareh

18
Performance
Certificate

19
Unfuifed
Obligations

1110
‘Clearance of Site

terminate the Contract a a whole, or in respect of such major part
‘which cannot be pa to the intended use. Without prejudice to any
‘ther right under the Contractor otherwise, the Employer shall
then be ened to rover all suns pai for the Works or for such
par (as the case may be), plus financing costs and the cost of
ismantling the same, clearing the Site and returning Plant and
Materials othe Contactor.

the defector damage cannot be remedied expeditiously on the Site and
the Employer gives consent, the Contractor may remove from the Site for
the purposes of repair such tems of Plant as are defective or damaged
“This consent may require the Contractor to increase the amount ofthe
Performance Securiy by the full replacement cost ofthese items, orto
provide other appropriate security.

IF the work of remedying of any defect or damage may affect the
performance ofthe Works, the Engineer may require the repetition of any
‘Of the tet described in the Contract, The requirement shall be made by
once within 28 Days after the defest or damage is remedied.

‘These tests shall be cared out in accordance with he terms applicable to
the previous tests, except hat they shall be cried out at he risk and cost,
ofthe Party lable, under Sub-Cluse 11.2 (Cost of Remedying Defects)
othe cost ofthe remedial work.

“The Contractor sal, if required by the Engineer search forthe cause of
any defect, under the direction ofthe Engineer. Unless the defect sto be
remedied atthe cost of the Contactor under Sub-Clause 112 (Cost of
Remedying Defects) the Cos ofthe search plus reasonable profit shall be
‘agreed or determined by the Engineer in accordance with Sub-Clause 3.4
(Determinations and hall be included in the Contract Price.

Performance of the Contactos obligations shall not be considered 10
have been completed until the Engineer has issued the Performance
Certificate to the Contractor, Stig the date on which the Contactor
‘completed his obligations under the Contact.
on
shall sue the Performance Certificate within 28 Days ater
the expity dates ofthe Defects Notification Periods, or as
ler asthe Contactor has supplied all the Contractor's
and completed and tested all the Works, including remedying
any defects, A copy ofthe Performance Centificate shal be issued 1 the
Employer.

Only the Performance Certificate shall be deemed to constitute
acceptance ofthe Works.

‘After the Performance Certificate hs ben issued, each Party shall remain
Table forthe fullment of any obligation, which remains unpeformed at
that time. For the purposes of determining the nature and exten of
‘nperformed obligations, the Contact shall be deemed to remain in fore.

{Upon receiving the Performance Certificate, the Contractor shall remove
any remaining Contactors Equipment, surplus material, wreckage,
tubbish and Temporary Works from the Sie.

CORD EBT TITAN TT COSTS SCD)

usos conrmacrs Sein 3: Conn Cane

I all these items have not been removed within 28 Days afer the
Employer receives a copy ofthe Performance Certificate, the Employer
may sell or otherwise dispose of any remaining items Employer shall be
mii tobe paid the cst incurred in connection with, or attributable o.
Such sal or disposal and restoring the Sit

‘Any balance of the moneys from the sale shall be pad othe Contactor.

{these moneys are lest than the Employer's costs, the Contractor shall
pay the outstanding balance othe Employer.

12.0 Measurement and Evaluation

ña) ‘The Works shall be measure, and valued for payment in accordance with

Works tobe this Clause Whenever the Engineer requires any par of the Works 0 be

Measured measured, reasonable. notice shall be given to the Contractor's
Representative who shall

(0, promply citer attend or send another qualified representative 10
{sist the Engineer in making the measurement; and

(8) supply any particular requested by the Engineer,

IF the Contractor als 10 aten or send a representative, the measurement
made by (or on behalf ofthe Engineer shall be accepted as accurate.

Except as otherwise stated in the Contract, wherever any Permanent
Works are to be measured from records, these shall be prepared by the
Engineer. The Contractor shall as and when requested, attend to examine
and agree the records with the Engineer, and shall sign the same when
Agreed, IF the Contractor dos not attend, the records shall be accepted as

{I the Contractor examines and disagrees the records, andor dos no sign
them as agred, then the Contrato shal give notice othe Engines of the
respects in which the cords are assrted tobe inaccurate. Ale ring
this notice, the Engineer shall review the records and either confirm or
vary them. Ifthe Contractor doesnot so give notice tothe Engineer within
14. Days aer being requested 10 examine the records, they shall be
cepted cute.

122 Ki here stated in the Contact
Method of
posar {a)-messarement sal be made ofthe net actual quant of each tem of

‘the Permanent Works; and

(©) the method of measurement shall be the Standard Method of
Measurement stated inthe Contract Data according to which the Bills
of Quantities and other applicable schedule have been prepared

Except as otherwise stated in the Contract the Engineer shall proceed in

accordance with Sub-Clause 34 (Determinations) 1 agree or determine

the Contract Price by evaluating each item of work, applying the

measurement agreed or determined in accordance with the above Sıb-
Ius 121 and 122 and the appropriate rte or pie forthe item,

For each item of work, the appropiate rte or pice for the item sal be
the rate or price specified fr such Hem in the Contact or if thee I no

a
Tico

TOA TR

von contacts sesion : Conse of Const

such item, the rate or pic specified fr similar work. However, a new rate
‘or price shal be appropriate fran item of work if
(0) (@ the measured quantity of the item is changed by more than 25%
om the quantity ofthis item inthe Bills of Quantities or other
‘Schedule: and
) Wis change in quantity mul
item exceeds 1% ofthe In

led by such specified ate for his
N Contact rie: or

(©) © the work is instructed under Clause 13.0 (Variations and
‘Adjusimens):

imo rate or price i specified inthe Contract for his em; and

(di) no specified rate or price is appropriate because the item of work
1° not of similar character, or is not executed under similar
conditions, as any em in the Contract,

Each new rate or pic shal be derive from any relevant rates or prices in
the Contac, with reasonable adjustments 10 take account of the matters
‘described in sub-paragraph (a) andlor (0) as applicable. 1f no rates or
prices are relevant forthe derivation of a new rate or pric. it shall be
‘erived from the resonable Cost of executing the work, together with
reasonable prof king account oF any other relevant matters.

"Until such time as an appropriate rate or price is agreed or determined, the
Engineer shall determine a provisional rate or price forthe purposes of

Interim Payment Crises:
124 ‘Whenever the omission of any work forms prt (or al oa Variation, the
Omissions value of which has not ben agreed, i

@ the Contractor will incur (or has incumed) cost which, i the work
ad not been omit, would have been deemed o be covered by a
um forming par ofthe Initial Contact Pie:

(8) the omission ofthe work will result (or has resulted) in this sum
‘ot forming part ofthe Contract rice; and

Juded in he evaluation of any

en the Contractor shall give notice 10 the Engineer according. with

‘supporting particulas. Upon receiving this notice, the Engineer shall

Droseed in accordance with Sub-Clause 3.4 (Determinations) o agree or
is cost, which shal be included in he Contract Price,

13.0 Variations and Adjustments

14 Variations may be initiated by th Engineer at anytime prior to sing the
Right to Vary ‘Taking Over Cetfcate forthe Works, ether by an instruction or by a
request forthe Contractor submit proposal,

“The Contractor shall execute and be bound by each Variation. unless the
Contractor prompt gives notice 10 Ihe Engineer stating (with supporting
particular) tht the Contactor cannot readily obain the Goods required

SECONDE NET a IA.

na
Value Engineering

for the Variation, Upon receiving this notice, Ihe Engineer shall cancel.
confie or vary the instruction.
Each Variation may include:

(a) changes othe quantities of any item of work included inthe Contract
(however, such changes do nt necessarily constitute a Variation}

changes tothe quality and oher characteristics of any item of work;

(changes to the levels, postions and. dimensions of any par of the
Works,

(8) mission of any work unless itis to be carried out by others;

(© any addtional work, Plant, Materials or services necessary for the
ing any associated Tests on Completion,
boreholes and ther testing and exploratory work or

changes to the sequence or timing of the execution ofthe Works

“The Contractor shall nt make any alteration and/or modification of the
Permanent Work, unless and until the Enginer insruets or approves a
Variation.

“The Contractor may, at any time, submit othe Engineer a wie proposal
which Gin the Comimetors opinion) wil, if adopted, ()aseserte
‘Completion (i) reduce the cos othe Employer of executing, maintaining
for operating the Works; (i) improve the efficiency or value to the
Employer ofthe completed Work; or (iv) otherwise be of benefit to the
Employer.

‘The proposal shall be prepared at the cost of the Contractor and shall
include the tems listed in Sub-Clause 13.3 (Variation Procedure.

Fa proposal, which i approved by the Engineer includes change in the
design of par of the Permanent Works, then unless otherwise agreed by
both Panes:

(2) the Contractor shall design this par:

graphs (a) t0 (8) of Sub-Clause 4.1(Contactor's General
ins) shal ppl: and
itsbigchange results in a reduction inthe contract value ofthis part,
the Engineer shall proceed in accordance with Sub-Clause 34
(Determinations) to agree or determine a fe, which shal be included
in the Contract Price. Tis fee shall be half (50%) ofthe difference
between the following amounts

6 such reduction in contract value, resulting from the change,
‘excluding adjustments under Sub-Clause 13.6 (Afusmens for
Changes in Legislation) and Sub-Clause 13.7 (Adsment for
Changes in Cos; and

the reduction (if any) in the vale to the Employer of the varied

‘works taking account of any reductions in quality, anticipated
eo operational efficiencies

However if amount is less than amount (i) there shall not bea fe

TORT TTR TART TT TC)

Seton 3. Conon of Comet

133
Variation Procedure

14
Provisional Sums

125
Dayworks

If the Engineer requests a proposal, prior to instructing «Variation, the
Contractor shall respond in writing as soon as practicable, eher by giving
reasons why he cannot comply (this she case) or by submiting:

(@) a description ofthe proposed work to be performed and a programme
Tor execution;

(8) the Contactos proposal for any necessary modifications 10
the programme according to Sub-Clause 83 (Programme) ant the
Time for Completion and

(© the Contractor's proposal for evaluation ofthe Variation

“The Engineer shal, as soon as practicable aer receiving such proposal
(under Sub-Clause 132 (Value Enginering) or otherwise}, respond with
approval, disapproval or comments, The Contactor shall not delay any
‘work wis awaiting a response.

Each instruction 10 execute a Variation, with any requirements forthe
recording of Cost, shal be issue by the Enginer tothe Contactor, who
hal acknowledge recip.

Each Variaion shall be evaluated in accordance with Clause 120
(Measurement and Evaluation), unless the Engineer instructs or approves
‘otherwise in accordance with this Clase

Each Provisional Sum shall ony be usd, in whole or in part, in accordance
with the Engineers instructions, andthe Contract Price shall be adjusted
‘sccordingly. The total sum paid tothe Contractor shal include only such
“amounts, for the work, supplies or services to which he Provisional Sum
rele, as the Engineer shal have instructed, For each Provisional Sum, the
Engineer may inst:

(6) work 10 be executed (including Plant. Materials or services to be
supplied) by the Contactor and valued under Sub-Clause 13.3
(Veriton Procedure) andlor

Materials or services to be purchased by the Contato, from a

Subconractor [as defined in Clause 5.0 (Nominated

"or otherwise; and for which there shal be included
Pre:

{the actual amounts pid or due tobe pai) by the Contactor:
and

D a sum for overhead charges and profi, calculated as a
percentage of these actual amounts by applying the relevant
percentage rate (any) stated in the appropiate Schedule. IF
‘here is no such rat, the percentage rate stated in the Contract
Data sal be applied

‘The Contactor shall, when required by the Engineer, produce quotations,
invoises, vouchers and accounts or recips in subsantiton.

For work of a minor or incidental natur, the Engineer may instruct that a
‘Variation shall be executed on a Dayworks Schedule included in the
Contact, and the following procedure shall apply. Ir a Dayworks Schedule

ES
OTRA TE CAD

136
Adjustments for
Changes in
Legislation

is not included in the Contract, ths Sub-Clause shall no apply. Before
ordring Goods for he work, the Contractor shall submit quotations to the
Engineer. When applying fr payment, the Contrato shal submit invoices,
vouchers and accounts o eeips for any Goods.

Except for any items for which the Dayworks Schedule specifies that
payment is not due, the Contactor shall deliver each day tothe Engineer
ccurate statements in duplicate which shall include the following details of
the resources used in executing the previous day's work:

(2) the names, occupation and time of Contactos Personne:

(©) the identification, type and time of Contractor's Equipment and
“Temporary Works; and

(©) the qua an types of Plant and Materials used,

‘One copy ofeach statement will correct, or when agreed, be signed by the

Engineer and retumed o the Contractor. The Contractor shall then submit

priced statements ofthese rsoures tothe Engineer, prior othr inclusion

In the next Statement under Sub-Clase 143 (Application for Interim
Payment Certificates,

“The Contract Price shall be adjusted taking into account any increase or
decrease in Cost resulting from Change in Law in Sri Lanka, during the
period commencing 28 Days prior tothe closing date of Bids and ending on
the date of issuance of the Cenification of Completion or termination
pursuant to clause 15 and 16 and which affect the Contactors performance
‘oF contractual obligations.

For purposes ofthis sub clause, Change in Law means the enactment of any
new Law or & change to existing legislation and the repeal of „ oF
‘modification of existing laws of the country, including any regulations.
made, andlor directives isucd thereunder, or a change in the judicial
Interpretation and the application of any Law by a competent Court as
‘compared to such interpretation or pplication by a Court prior 10 he date
‘of this Agreement, and which relates 10 taxation or imposes rationing
proserbing any activity or relates to dues and other importexpor levies
in sach case is beyond the control of the Contractor and materially
formance of the Contactors responsibilities under the

Aie Contactor suffers delay and or incurs additional cos atribtable toa
Change in Law during the period commencing 28 Days prior to the Closing
date of Bids and ending on the date of issuance of the Cerificate of
‘Completion or termination pursuant to Section 15 and 16, the Contactor

stall give notice 1 the Engineer and shall be ented subject to sub cause
19.1: (Contrctors Claims) o:

{an extension of time for any such delay, if competion is or will be
delay under Sub-Clause 3.4 Extension of Tim for Completion and

(6) Payment o any such Cost, which shall be included in The Contract
Price. Notwithstanding the foregoing, such additional or reduced cost
Slt not be separately pai or credited ifthe same shal already have
been Taken into account in the Indexing of any inputs o the Price
‘Adjustment Formula in accordance wit the provisions of Clause 137.

FOOT TC CAD

m7
‘Adjustments for
‘changes in Cost

‘After receiving this notice, the Engineer shall proceed in accordance with
Sub-Clause 43 (Determinations) o agree or determine these mater.

“The amounts computed from the formula given under this sub-clause in
respect ofthe rise or fall nthe cost of labour, Materials, Pant and other
Inputs to the Works, shall be added to or deducted from the payment 1 the
Contractor it the Contract Price is subjected to adjustments due to
‘uctuaton of prises and stated in Contract Data.

(a) The adjustment to the Contract Price in respect of Changes in Cost
and Legislation shall be determined from following formula

= 966(V-Va) EP (url
100 All inputs Te

F = Price adjustment fr the period concemed

Y= Current valuation of work done forthe period

Vin = Value of non adjustable clement. or value of work not considered
for price variation

Pa = Input percentage of input named X.

le = Current indices of input X.

1 = Base indies ofinpu X

No other adjustment of the Contract Price on account of fluctuations of
inputs shall be made, notwithstanding the fact thatthe Contractor hast pay
additional amount under special circumstanees

(6) The “Input Percentage” means the percentage proponionate
contribution of any input in terms of cost the construcion based on
the prices prevailing on one month prior 1 submission ofthe Bid and
listed under Clause numbered 13.7 in Contract Data

(©) The “Non adjustable elements” means,

The work done under the BOQ items tat shall ot be considered
for valaton of price adjustment which ar sed under Cause
(37 in Contact Data.

works of addtional works cried out by the Contractor on
‘ofthe Engineer and are valued under Clause 40 based on
prices prevailing at he timo of execution,

(i), Works done under Dayworks ates.

(6%) The “Current Valuation” means the gross
ring the euren valuation period and wi
the cost of materials the Contactor has delivered to st but were
‘ot consumed forthe physical work done.

(0) The “Indies” means the monthly indices published by Institute
for Construction Training and Development for diferent Input

(0) “Base Indices” means the indices forthe input, preva
month prior othe latest date for submission of Bis.

2
SWAT TC TART OCTO

aos commer Sian 3: Condes com,

(ió, Ie case o ist interim bil he current indices forthe purpose
fof calculation of pice adjustment shall be taken as the indies
reading on fest month afer the commencement of the
naci For any other interim clim or fr the final claim the
arent indices shal be taken asthe indices prevailing fr the
Calendar month, one month afer the previous valuation was
done.

Ihe Contractr fais to complete the Works within the time for completion
Dpresesbod under Sub-Clause 82 (Time for Completion) or 84 (Extension
97 Time for Completion) the price adjusimen forthe work performed ater
the due date of completion as described above shall be made using the
rent indies prevailed a the due date for completion.

“The weightings for each of the Inputs of cost given in this Clause shall
be adjusted if in the opinion of the Engineer, they have been rendered
Urreasonale, unbalanced or inapplicable as a result o varied or additonal
‘work already execated or instructod under Sub-Clause 33 (instructions of
the Engineer) ot Fr any ter reason.

14.0 Contract Price and Payment

1a Unless otherwise stated inthe Contract Data

The Contract

Price (0) the Contact Price hal be agreed or determined under Sub-Cluse
123 (Evaluation) and be subject to adjustments in accordance with
the Contact,

(6) the Contractor shall pay all taxes, duties and fees require tobe aid
by im under the Contract and the Contact Price shall not be
djs for any of these costs except as stated in Sub-Clause 136.
(Adjustments for Changes in Legislation):

(6) any quantities which may be set out in the Bills of Quantities or other
‘Schedule are estimated quantities and are not to be taken as the actual
and correct quantities:

Tok the Works which th Contactors equi exes oF
( teen) the purposes of Cause 12.0 (Measurement and Evan

(the Contract shall submit to the Engineer, within 28 Days after the
Commencement Dat, a proposed breakdown ofeach ump sum price
in te Schedules, The Engineer may take account of the breakdown
‘when preparing Payment Ceriiaes, ut shall ot be Bound by

12 The Employer shall make an advance payment excluding provisional sums

Advance Payment aná contingencies, as an interest-free loan for mobilization, when the
Contactor submits a guarantee in accordance with this Sub-Clause. The
{ota advance payment and the number and timing of installments (if more
{han one), sal be ae sated in the Contact Da

‘The Engineer shall issue an Interim Payment Certificate forthe fst
installment afer receiving a Statement {under Sub-Clause 143
‘Application for Interim Payment Cerjfcates) and aer the Employer

OIE TITS OTT SA

13
Application for
Interim Payment
Certeates

receives (D the Performance Security in accordance with Sub-Clause 42
(Performance Secui): and (i) a guarantee in amounts equal tthe
advance payment. This guarantee sal be issued by an entity approved by
the Employer

“The Contractor shall ensure thatthe guarantee is valió and enforsabie
‘unl the advance payment has been repaid, but is amount may be
progressively reduced by the amount repaid by the Contractor as indicated
Inthe Payment Cerificate. Ifthe tem ofthe guarantee specify is expiry
‘ate, andthe advance payment has not been repaid by the date 28 Days
price 10 he expiry date, the Contractor shall extend the validity of the
{arate uni the advance payment has ben epa.

‘The advance payment shall be repaid trough percentage deductions in
Payment Cenúicats as follows:

(8) deductions shall commence from the Interim Payment Cenificate
{ssued alter the payment ofthe advance payment

() advance payment shall be repaid by deducting. proportionate
‘amounts from the Interim Cerifcaes. Advance payment shall be
paid in fall when the total cried vale of Works reaches 90%
‘ofthe Intl Contact Pie es provisional sums.

IF the advance payment has not been repid peor tothe issue of the
“Taking Over Certfiae forthe Works or prior 1 termination under Clause
15.0 (Termination by Employer), Clause 160 (Suspension and Termination
by Comracor) or Clase 2,0 (Force Majeure) (as the case may be) the
hole ofthe balance then outstanding shall immediately become due and
payable bythe Contractor 1 the Employer

“The Contractor shall submit a Statement in three copies 1 the Engineer
after the end ofeach month, in a form approved by the Engineer, showing
in detal the amounts to which the Contactor considers himself o be
entitled together with supporting documents which shall include the report
on the progress during this month in accordance with Sub-Clause 4.14

ser
im ent shall include the following items, as applicable, which shall
os

(a) The estimated contact value of the Works executed and the
Contractor's Documents produced up to the end of the month

{including Variations but excluding items described in sub-paragraphs
CEE

(6) any amounts tobe added and deducted for changes in legislation and
“changes in cos, in accordance with Sub-Clause 13,6 (Adjustment for
Changes in Legislation) and SubClause 13:7 (Adjustments for
Changes in Cos:

(©) any amount 10 be deducted for retention, calculated by applying the
percentage of retention stated o the Contract data to the ttl of the
“bw amount, until the amount o retained by the Employer reaches
‘the limit of Retention Money (i any) stated in the Contact at;

TA TA

Scion Colin of amet

144
Plant and Materials
intended forthe
Works

15
Issue of Interim
Payment Certificates

146
Payment

(@) any amounts to be added and deducted for the advance payment
and repayments in accordance with Sub-Clause 142 (Advance
Payment;

(©) any amounts to be added and deducted for Plant and Materials
in accordance with Sub-Clause 14 (Plan and Materials intended or
the Works):

{any other addition or deductions which may have become due under
the Contactor otherwise, including thse under Clause 19.0 (Claims,
Disputes and Arbiation) and

(0) the deduction of amounts cerified in all previous Payment
Centfists.

Interim Payment Certificates shal include, under sub-paragraph (eof Sub
Clause 143 (Application for Interim Payment Cerificate), an amount
«equivalent 1 80% ofthe invoiced vale of Plant and Materials which have
‘been delivered to the St or incorporation in th Permanent Works,

No amount willbe certified or paid uni the Employer has received and
approved the Performance Security. Thereafter, the Engineer shal, within
21 Days after receiving Statement and sypporting documents, sue to he
Employer an Interim Payment Certificate, which shall sae the amount
which the Engineer fly determines (0 be due, with supporting
particulars

However, pro to issuing the Taking-Over Certificate for he Works, the
Engineer shall not be bound to issue an Interim Payment Certificate in an
amount which would ater retention and other deductions) be es than the
"minimum amount of Interim Payment Certificates (I any) sated in the
Contract Data. In this event, the Engineer shall give notice to the
Contractor accordingly.

“An Interim Payment Centfcte shall not be withheld fr any ther reason,
although

{2)—it.any thing supplied or work done bythe Contractor is not
( Toit unl rien er repr as Der
(OT a ear .

Wit he Contracor was o is faling to perform any work or obligation
in accordance withthe Contract and had been so notified by the
Engineer, the value ofthis work or obligation may be withheld unt
the work o obligation has been performed,

“The Engineer may in any Payment Cerificate make any correction or
‘modification that should properly be made to any previous Payment
Corte,

A Payment Cerificate shall not be deemed to indicate the Engineer's
acceptance, approval, consent or satisfaction.

“The Employer shal pay tothe Contactor:

he fs insallment ofthe advance payment within 14 Days afer
issuing the Leer of Acceptance and aler receiving the documents

Mi
TONER TINA ARAS

Sen 3: Cons of Cones

147
Delayed Payment

148
Payment of
Retention

149
Statement at
‘Completion

110
Application for
Final Payment
Certificate

in accordance wih Sub-Clase 42 (Peformance Security) and Sub
Clause 142 (Advance Payment.

(6) the amount cen in each Interim Payment Certificate within 14
Days after the Employer receives the Interim Ceficate from the
Engineer and

(© the amount certified in the Final Payment Certificate within 56 Days
afer the Employer receives his Payment Cette,

Ifthe Contractor doesnot receive payment in accordance with Sub-Clause
146 (Paymen) the Contractor shall be ented to receive financing
charges compounded monthly on the amount unpaid durin the period of
‘ela. This period shall be deemed to commence on the date for payment
Specified in Sub-Clause 14. (Paymen) respective (nthe case of sub.
paragraph (9) ofthe date on which any Interim Payment Cerifiae is
Fed.

Interest shall be calculated from the date by which the payment should
have been made up 10 the date when the late payment is made atthe
prevailing rue of interest of 1% over the lending rate ofthe Central Bank
15 Commercial Banks.

‘When the Taking Over Certificate has ben issued fr he Works, one half
of the total amount retuned shall be repaid to the Contractor and the
Second half when the Defects Notification Period has passed and the
Engineer has certified that all Defects noted by the Engineer to the
(Contractor before the end ofthis prio have been correcte.

However, if any work remains to be executed under Clause 11.0 (Defects
Liablip) te Engineer shall be entitled 10 witold certe of the
‘estimated cost ofthis work until has been executed.

‘When calculating these proportions, no account shall be taken of any
adjustments under SubCluse 136 (Adjustments for Changes in
Legislation) and Sub-Clause 137 (Adjusts or Changes in Cos,

fin afer recivig the Taking-Over Certificate for he Works,
or shall submit o the Enginer thre copes of Statement at
vit supporting documents, in accordance with Sub-Clause
143 (Application for Interim Payment Certificates) showing:
(@) tte value ofall work done in accordance with the Contract upto date
“ated in he Taking Over Certfiate forthe Works;

(©) amy father sums which the Contractor considers o be dues and

(©) any estimate of any other amounts which the Contactor considers
‘will become due to him under the Contract Estimated amounts shall
bbe shown separately in his Statement at completion.

“The Enginer shall then cry in accordance with Sub-Clause 1:S (se
of erim Payment Cerificate)

‘Within 56 Days afer receiving the Performance Cents, the Contractor
shall submit, o the Engineer, sx copies ofa draft final statement with
Supporting documents showing in detail in form approved by the
Engineer

2
CORDON TT A

(a) the value ofall work done in accordance withthe Contact: and

(6) any further sums which the Contractor considers to be due to him
under the Contract o otherwise

If the Engineer disagrees with or cannot verify any par of the drat final
siatement, the Contactor shall submit such further information as the
Engineer may resonably require and shall make such changes inthe draft
as may be agreed between them. The Contrctor shall then prepare and
Submit to the Enginer the final statement as agreed. This aprecd statement
Fs refered tin these Conditions asthe "Final Statement”

However if, following discusions between the Engineer and the
Contractor and any changes to the drat ial statement which ae agreed it
becomes evident that a dispute exists, the Engineer shall deliver tothe
Employer (with a copy to the Contraco) an Interim Payment Crifiate
‘or the agreed parts ofthe dat final statement. Thereafter, if the dispute is.
Finally resolved under Sub-Cluse 193 (Procedure for Disputes). or Sub-
Clause 19,6 Arbiation) the Contractor shall hen prepare and Submit ©
the Employer (with a copy tthe Engineer) a Final Statement

1011 ‘When submiting the Final Statement, the Contractor shal submit writen
Discharge discharge, which confirms that the tol ofthe Final Statement represents
fall and final seulement ofall moneys due to the Contractor under or in
connection with the Contact, This dicharge may state that i Becomes
effective when the Contractor has received the Performance Security and
the outstanding balance of this ttl in which event th discharge shall be

effective on such dt,
1412 Within 28 Days after receiving the Final Statement and weiten discharge
sue of Final Payment in accordance with Sub-Chuse 14.10 (Application for Final Payment
Certificate Certificate) and Sub-Clause 14.11 (Discharge th Engineer shal sve, o

‘the Employer, the Final Payment Conte which shal tate
(@) the amount which is finally ue; and
(0)_añter giving credit to th Employer o all amounts previously paid by

> ng Employor nd fr al sums fo which the Employer ete, he
pce it) ue from the Employer to the Contactor orm the

ICY tor to the Employer, as the case may be.
te has not applied für Final Payment Cerise in

‘accordance with Sub-Clause 14.10 (Application for Final Payment
Cerificate) and Sub-Clause 14.11 (Discharge) the Engineer shall request
the Contractor o do so. Ifthe Contactor fis to submit an application
within a period of 28 Days the Engineer shall issue the Final Payment
Certificate for such amount ashe determines o be due,

1413 ‘The Employer shall not be liable to the Contractor for any mater or thing
Cessation of under or in connection withthe Contract or exeeuion ofthe Works, except
Employer's to the extent that the Contactor shall have included an amount expressly
Liabitity for it

(2) inthe Final Statement and also;

(©) (except for mates or things arising alr the issue of the Taking
‘Over Cerificate for the Works) in the Statement at completion
described in Sub-Clause 149 (Statement at Completion)

e
OORT ETON TNA TS CHT TAG BA DAT

181
Notice to Correct

152
‘Termination by
Employer

However, his Sub-Cluse shall not limit the Employer’ liability under his
indemnification obligations, or the Employer's liability in any case of
fraud, deliberate default or reckless miscondut by the Employer.

15.0 Termination by Employer

If the Contractor fal o camry out any obligation under the Contract, the
Engineer may by notice require the Contractor to make good the failure
and to remedy it within a specified reasonable time,

‘The Employer shall be ened to terminate the Contract ithe Contactor:

(9) falso comply with Sub-Clause 42 (Performance Securiy) or with
‘notice under Sub-Clause 15.1 (Nace o Correct:

(©) abandons the Works or otherwise plainly demonstrates the intention
‘otto continue performance of his cbligtions under the Contact

(©) without reasonable excuse fils:

(to proceed with the Works in accordance with Clause
80 (Commencement, Delays and Suspension) or

Gi) to comply with a notice issued under Sub-Clause 7.4
Rejection) of Sub-Clause 7.5 (Remedial Work), within 28
Days afer receiving i

(@) subcontracts the whole ofthe Works or part of the works without
prior consent ofthe Engineer or assigns the Contract without the
required agreement

(6) becomes bankrupt or insolvent, goes into liquidation, hs a rece
‘or administration order made against him, compounds with
(Srediors, or caries on business under a receiver, tute or manager
forthe benefit of his creditors, or if any act is done or event occurs
which (under applicable Laws) has a similar efect to any of these

ss
id or offers to give (diet o indirect) o any person any bribe,
( hy, commission or other hing of vale, as an inducement

Ó for doing or forbaring 10 do any action in relation tothe
Contractor

Gi for showing or forbearing to show favour or disfavour to any
person in elation othe Contact,

or ifany ofthe Contractor's Personnel, agents or Subcontractors
etfs og (Geo indes) 1 an) person any
‘Sich inducement or reward sis described inthis sub-paragraph,
However, lawful inducements and rewards to Contractors
Personne shall nt entitle termination

(@) The Contmcior has engaged in corrupt or fraudulent practices, in
competing for or in executing he Contact,

ss
OTI SCOR

153
Valuation at
Dateof

‘Termination

154
Payment after
‘Termination

For the purpose of this Sub-Claus:

“comrpt practice” means the offering, giving, receiving o slicing
of anything of value o influence the action of publi official in he
procurement process or In Contract execution

“fraudulent practice” means a misrepresentation of fats
influence a procurement processor the execution ofa Contract tthe
detriment ofthe Employer, and includes collusive practice among
bidders (prior to or aer id submission) designed to establish bid
prices at artificial ‘non-competitive levels and to deprive the
Employer ofthe benefits of fie and open competion.

In any ofthese events or circumstances, he Employer may upon giving 14
Days" notice to the Contractor, terminate the Contract and expel the
‘Contractor from the Site, However, inthe case of sub-paragraph () or (D.
the Employer may by noice terminate the Contract immediately.

“The Employers election to terminate the Contract shall not prejudice any
other ight ofthe Employer under the Contract o otherwise

“The Contactor shall hen leave th Site and deliver any required Goods, all
Contractor's Documents, and other design documents made by or for him.
to the Engineer. However, the Contactor shall use his best efforts lo
comply immediately with any reasonable instructions included in the
notice () forthe assignment o any subcontract; and (i) for the protection
fife or propety or for he safety ofıhe Works.

‘After termination, the Employer may complete the Works andlor arrange
for anyother etes to do so. The Employer and these entities may then
tse any Goods, Contractor's Documents and ater design documents made
ty oron behalf of the Contractor.

“The Employer shall then give notice thatthe Contactos Equipment and
Temporary Works will be released o the Contractor at or near the Sie.
“The Contractor shall promptly arange thei removal, atthe risk and cost of
the Contractor, However if by this ime the Contractor has ale to make
a due 1 he Employer, these items may be sol bythe Employer

recover tis payment. Any balance of the proceeds shall then be

“x soot as practicable after a notice of termination under Sub-Clause of
‘Termination by Employer has taken effet the Engineer shall proceed in
accordance with Sub-Clause 34 (Determinations) to ages or determine
the value ofthe Works, Goods and Contractor's Documents, nd anyother
an dic tothe Contactar fr work ected in score wth the

‘After a notice of termination under Sub-Clause 15.2 (Termination by
{Emplover has taken effect, the Employer may:

(proceed in accordance with Sub-Cause 24 (Employer's Claims):
(9) Witold further payments to the Contractor until the costs of
execution, completion and remedying of any defects, damages for

delay in completion (if any), and all other costs incurred by the
Employer, have ben established and/or

ss
SECONDE TNR IF Ta Tor CoN Tan AORTA

Secon 3 Condit Con

158
Employers
Enuiement to
‘Termination

161

Entidement to
Suspend Work

(6) recover from the Contractor any losses and damages incurred by the
Employer and any extra costs of completing. the Works, as
determined by the Engineer añer allowing for any sum due t the
Contactor under Sub-Clause 153 (Valuation at Date of
Termination) After recovering any such losses, damages and extra
ost the Employer shal pay, any balance 1 the Contractor.

“The Employer shall be ee to terminate the Contract, a any time for
the Employer's convenience, by giving notice of such termination tothe
Contractor, The termination shal take effect 28 Days afer the ltr ofthe
dates on which the Contractor receives his notice or the Employer returns
the Performance Security. The Employer shall not terminate the Contact
Under this Sub<Cause in order to execute the Works himself o o arrange
forthe Works tobe executed by another contractor.

‘After this termination, the Contractor shall proceed in accordance with
SubClawe 163 (Cessation of Work and Removal of Contractor's
Equipment) and shall be paid in accordance with Sub-Clause 206
(Optional Termination, Payment and Release)

Provided however, the Employer shall not be precluded from executing the
Contact himself or by another Contacto, after a period of one year has
Tapsed rom the dat on which the termination has taken eee pursuant 10
this Section and subject tothe satisfaction of the Employer’ payment
‘obligations tothe Contract under the Contac.

16.0 Suspension and Termination by Contractor

If the Engineer als o cerf in accordance with Sub-Clause 145 (Issue
of Interim Payment Cerificate) or he Employer fist comply with Sub
Cause 146 (Payment he Contactor may, after giving not less than 56
Days’ noie t Ihe Employer, suspend work (or reduce the rate of work)
unless and uni the Contactor has received the Payment Certificate,
‘reasonable evidence or payment. as the case may be and as desribed in the
otic.

2 ° action shall nt prejudice his entitlements to financing
der Sub-Cluse 147 (Delayed Payment) and 10 termination
use 162 (Termination by Contractor)
y subsequently receives such Payment Certificate, evidence
‘or payment (as described in the relevant Sub-Clause and in the above

note) before giving a notice of termination, the Contractor shall resume
‘normal working as son a is easonably practicable

the Contractor suffers delay and or incurs Cost as a result of suspending
work (or reducing the rate of work) in accordance with this Sub-Clause

subject to Sub-Clause 19.1 (Contractors Claims) 10:

(@) an extension of time for any such delay, if completion is or will be
Led under Sb Case (es of Tie for Compton:

(2) payment of any such Cos pls resonable profit, which sal be
included in the Contract Price. ”

ss
OIT FAR RICA

suson conrmscts

Section 3: Coins of Const

‘After receiving this noti, the Engineer shall proced in aordane with
Sub Clause 34 (Determinations to agro or determine these mates

162 “The Contractor sal be entitled to terminate the Contac if

“Termination by
Contractor Q

O)

o

0

o

o

the Engineer fis, within 56 Days after receiving a Statement and
Supporting documents, to sue the relevant Payment Certificate;

the Contractor doesnot receive the amount due under an Interim
Payment Ceráfiate within 56. Days after the expiry ofthe time
‘aed in Sub-Clause 14.6/Paymem) within which payment st be
made (except for deductions in accordance with Sub-Clause 24
(Employer's Claims;

‘the Employer substantially fa
the Contract

o perform his obligations under

the Employer fils to comply with Sub-Clase 1.6 (Contract
Agreement) or Sub-Clause 1.7 (Assignment)

prolonged suspension affects the whole ofthe Works as described
in Sub Clase 8.11 (Prolonged Suspension) or

the Employer becomes bankrupt or insolvent, goes int liquidaion.
has a receiving or administration order made against him.
compounds with his editors, or caries on business under a
cie. sts or manager for the benefit of his credits, of any
‘etfs done or event occurs which (under aplicable Laws) has a
Similar effect to any ofthese acts or evens

In any ofthese events or circumstances, the Contractor may, upon giving
14 Days notice to the Employer, terminate the Contact. However, inthe
case of subparagraph () or (the Contactor may by noice terminate the
Contract immediately

The

Contactos election to terminate the Contract shall not prejudice any

‘ther sights ofthe Contractor, under the Contractor otherwise.

Equipment o)

©

vice of termination under Sub-Clause 155 (Employer's
o Termination) Sub-Clause 162 (Termination by Contractor)
fuse 206 (Optional Termination, Payment and Release) bas
ct he Contactor shall promptly

cease all further work, except for such work as may have been
instructed by the Engineer forthe protection of life or property or for
the safety ofthe Works:

hand over Contractor's Document, Plant, Materials and other work,
for which the Contractor has received payment; and

(6) remove all other Goods from the Site, except as necessary for safety,
and leave the Site
164 [After a notice of termination under Sub-Clause 162 (Termination by
Payment on ‘Contractor has take effect, the Employer shall promptly:
a (a), retum the Performance Security o he Contractor

Mi

Tre Tr COST CAD

usos conrnscrs Sen 3: Conon of Comet

(6) pay the Contractor in accordance: with Sub-Clause 20.6 (Optional
Termination Payment and Release): and

(©) payo the Contactor the amount of any, loss of profit or other

Toss or damage sustained by he Contractor as result ofthis
termination

17.0 Risk and Responsibility

ma ‘The Contractor shall indemnify and hold harmless the Employer, the

Indemlties Employer's Personnel, and their respective agents, against and fom al
claims, damages, losses and expenses (including legal fees and expenses)
in respect of

(0) bodily injury, sickness, disease or death, of any person whatsoever
arising ou of or inthe course of or by reason the Contractor's design
GF any), the execution and completion of the Works and the
remedying of any defects, unless atribuable to any negligenss
Wfl at or breach ofthe Contact by the Employer, the Employer's
Personnel, orany of thei respective agents; and

(©) damage to or loss of any propery, real or personal other than the
Work), tothe extent hat sch damage or lose

(arises out of or inthe course of o by reson of the Contractor's
design if any), the execution and completion ofthe Works and
the remedying of any defects, end

i) is atribuable to any negligence, wilful act or breach of the
Contrat by the Contactor, the Contractor's Personnel, their
respective agents, or anyone directly or indirectly employed by

any of them,
ma ‘The Contactor shall take ful responsibility fr the care ofthe Works and
Contractor's Goods from the Commencement Date unt the Taking Over Cette
Care of the is deemed tobe isued under Sub-Clause 10.1 (Taking Over of
Works GER Src) te Were when ponlo ica of
shall ass tothe Employer. If a Taking Over Certificate is

Issued (or so deemed tobe issued) for any Section or par o the Works,
ly forthe car of the Section or part shall then pass tothe
Employer.

‘After esponsibility has accordingly passed 1 Ihe Employer, he Contactor
Shall take responsibility forthe care of any work, which is oustanding on
the date sated in a Taking-Over Certificat, until this oustanding work has
been completed,

If any loss or damage happens to the Works, Goods or Contractor's
Documents during the period when the Contactor is responsible for their
car, from any cause nt sted in Sub-Clause 17.3 (Employer's Risks) the
Contractor shall rectify the loss or damage atthe Contractor's risk and
sos, 3 that the Works, Goods and Contractor's Documents conform de
the Contat,

DARA Ra

Socken 3e Cond Cunt

“The Contractor shall be liable for any loss or damage caused by any
actions performed by the Contractor ater a Taking-Over Certificate has
been issued, The Contractor shall alo be liable for any loss or damage
‘which occurs ar a Taking-Over Cerca has been issued and which
ros fom a previous event for which the Contractor was lable

The risks referred ton Sub-Clause 17.4 below are:

(@) wa, hosltis (whether war be declared or no), invasion, act of
Foreign enemies:

(0) rebelion, temorism, revolution, insurrection, military or usurped
power or civil var within the County

(©) tat, commotion or disorder within the Country by persons othe than
the Contractor's Personnel and other employees of the Contractor
and Suboontrairs;

(munitions of war, explosive materials, ionizing, radiation or
contamination by radioactivity, within the Country, except as may
be tiibutable o he Contractor's use of such munitions, explosives,
radiation or radioactivity:

(©) pressure waves caused by area or other aerial devices traveling at
Sonic o supersonic speeds:

(D use or oceupation by the Employer of any part of the Permanent
Works, excep as may be specified inthe Contrat;

(&) design of any par of the Works by the Employer's Personnel or by
‘others for whom the Employer is responsible; and

any operation of the forces of nature which is Unforesceable or
against which an experienced Contactor could not reasonably have
been expected to have taken adequate preventative precautions.

a Fand tothe extent hat any ofthe risk listed in Sub-Clause 17.3 above
Consequences of loss or damage to the Works, Goods or Contractor's Document,

Employer's Risks or shall rompty give notice to the Enginer and shall ret
[damage tthe extent required by the Engineer

to or suffers delay and/or incurs Cost from rectifying this loss
or damage, the Contractor shall give a farther notice tothe Engineer and
‘Shall be entitled subject to Sub-Clause 19.1 (Contactors Claims) to:

(@) an extension of time for any such data, if completion is or will be
delayed, under Sub-Clause $: (Extension of Time for Completion),
and

(©) payment of any such Cost, which shall be included in the Contract
Price in the cate of sub-paragraphs (D and (g) of Sub-Clause 173
(Employers Risks) reasonable profit on the Cost shall lso be
include,

After receiving this further notice, the Engineer shall proceed in
accordance with Sub Clause 3.4 (Determinations) ages o determine these

»
OVINA TET CHT TRE BA DEVE TTA

Sen: Codon of Comet

181
Insurance for
Works an
Contractor's
Equipment

182
Third Party
Insurance
Gnctuding
Employer's
Property)

183
Insurance for
‘Contractor's
Personnel

18.0 Insurance

"Without limiig his obligations and responsibilities under the Contract, the
Contractor within 14 Day fom the Leiter of Acceptance, shall insure up 10
the amounts given below, inthe joint names of the Employer and the
{Contactor agains al loss or damage from whatever cause arising, other
than employers risks, for which he is responsible under the terms ofthe
Contract and in such manner that the Employer and Contractor are covered
forth period stipulated in Sub-Clause 17.2 and are also covered during the
period of Defects Notification for loss or damage arising from a cause,
úccuring prior to the commencement of the Defects Notification Period,
land for any loss or damage occasioned by the Contractor inthe course of
“any operations cried out by him for the purpose of complying with his
‘obligations under Clause 11.0:

(@) Works for an amount nt less than 115% of Initial Contract Price: and
(6) The Contractor's Equipment for he replacement value

‘The Contactor within 14 Days from the Letter of Acceptance shal insure
against each Par ibility for any loss, damage, death or bodily injury
which may occur to any physical property (except things insured under Sub-
Clause 18. (Insurance for Works and Contractor's Equipment} or 1 any
person, which may arise out of the Conmetor performance ofthe Contract
{nd occurring before the issue ofthe Performance Centficte.

‘This insurance shal be for a mt per oscumenee of not les than the amount
stated in Contact Dat, wih no Imi on the number o occurrences.

‘The insurances specific inthis Sub-Clause:

(a) shall bein ih joint names ofthe Partes; and

(©) shall be extended to cover Habiliy for all loss and damage to the
Employer's propery (except things insured under Sub-Clause 18.1

‘The Employer and the Engineer shall lso be indemnified under the policy
of insurance, except that this insurance may exclude losses and claims othe
extent that they arise from any actor nepect of the Employer or ofthe
Employer's Personnel.

“The insurance shall be maintained in fll force and effect during the whole
time that these personel are assisting inthe execution of he Works. Fora
Subcontractor’ employees, whether the insurance has ben effected by the
Sutconractr or the Conso sal be responsible for compliance

0
SOTTO TINA IF TESTER

Sen 3: Co of ones

184
Remedy on
Contractor's
Failure to Insure

ma
Contractor's
Claims

the Contractor shal fi to ect and ep in force the insurances refered
to in Clause 181, 182 and 183 hereof, or any other insurance which he
may be required to effect under the terms of he Contact, then and in any
such ease the Employer may effect and keep in force any such insurance and
pay such premium or premiums as may be necessary for that purpose and
from time to time deduct the amount together with the service charge of
15% of the amount 20 paid by the Employer as aoresid from any monies
‘ue or which may become due tothe Contractor, or recover the same asa
“bt due from the Contractor.

19.0 Claims, Disputes and Arbitration \

A he Constr considers hise ob ed any extension of he
"Timer Compicion nor any adil payment under y Clase of
thee Condon or aleros in comio wih he Contact. te
Contac ie ma fo the Eng, desc the e or
Simao: evn she i he note sa be gen a oon s
Ercilla ad nl la an 8 Daya er the Conc, bam ar.
Er Should hve tame var, o ser man.

“The Contractor shall also submit any other notices which ae required by
the Contract, and supporting particulas or the elim, all as relevant to
Such event or circumstance

“The Contractor shall keep such contemporary records as may be necessary
to substantiate any claim, either on the Sie or at another location
‘oceptable 10 the Engineer. Without admiting the Employers ability, the
Engineer may, afer receiving any notice under this Sub-Cause, monitor
the record-keeping and/or insiruct the Contractor to keep futher
contemporary records The Contactor shal permit the Engineer to inspect
fll these records and shall instructed) submit copies to the Engineer.

Within 84 Days afer the Contactor became aware (or should have
‘come ar) f he event or Orcumsaree Bin ro o the lain or
Shi such eter parc as may be Propmed by the Comer and
proved y e Ence he Corto sal send the Engine fly
sl ua which nes fal spring paar fe bs of
(patie ston ie adr ac pe ct
eng Foto ci has amine fet

ff fully detailed claim may be considered as interim;

(6) the Contractor may send further inter claims a monthly interval,
ing the accumulated delay andor amount claimed, and such
Further particular asthe Engineer may reasonably require and

(©) the Contractor shall senda Final claim within 28 Days ater the end of
{he effects resulting from the event or circumstance, or within such
‘other period as may be proposed by the Contractor and approved by

the Engineer.
Within 42 Days aftr receiving a claim or any furher particulas
‘supporting. a previous claim, or within such other period as may be

proposed by the Engineer and approved by the Contactor, the Engineer
hal respond with approval, or with disapproval and detailed comments

En
WETTER TRAD

usos contacts Sesion 3.Caiiier Con

He may also request any necessary further particular, but shall
nevertheless give his response onthe principles of he claim within such
time.

ach Payment Certificate shall include such amounts for any claim as have
been reasonably substantiated as due under the relevant provision of the
Contract Unless and untl the particulars supplied are suliient to
“substantiate the whole of the claim, the Contractor shall only be ets to
Payment for sch part ofthe claim ashe hasbeen able to substantiate

‘The Engineer shall proceed in accordance with Sub-Clause 34
(Determinations) to aros or determine () the extension (i any) of the
‘Time for Completion (before or afer is exp in accordance with Sub
Clause 8.4 (Extension of Time for Completion) andlor (i) the additional
payment if any) to which the Contactors entitled under the Contract

“The requirements ofthis Sub-Clause are in addition o those of any other
Sub-Clause which may aply to a claim, I the Contractor fis to comply
‘with this oF another Sub-Clause in relation to any elim, any extension of

ime andlor additional payment shall take account ofthe extent (if any) 0
hich the failure has prevented or prejudiced proper investigation of the
lim nes the cai cae drt sean para of Sah

192 Any dispute of whatever nature arising out of or in relation 10 this
Dispute Resolution agrcement shall in the fst instance be attempted 10 be resolved by way of
adjudiation in accordance withthe adjudication procedure set forth in

Clause 193.
193 Either Pany may nate the reference of a dispute to the Adjudicator by
Procedure for giving 07 Days notice 1 the oer Party

‘Adjudication
“The Adjudicatorsall be appointed by agreement between the Parties. In
the even he Pris are unable to reach agreement onthe appointment of
tthe Adjudicator within fourteen (14) Days fom the date of such request.
either Party may make an aplication o the Institute for Construction
‘Training and Development ICTAD) to appoint an Adjdieaor.

(ter stab» ssi wi gris en e

(am in we iron of contacts! documents. Such
Adc hl have no ret nance terse nthe Emplyer
Va Contactor othe Engineer nor any Gracia iret in Ihe Contact
‘Sept isos of is profesional fees

“The Adjudicators fe shal be agree by both Paris and shall be borne by
both Parties in equal amount.

“The Adjudicato shal give the determination in writing within 28 Days or
such other period of receipt ofa notification o dispute. The Adjudicator
‘hall determine procedures as he ses fi ensuring hat each Party is given a
Feasoneble opportunity to make representations including. writen
Submission andlor hearing of witnesses in person.

Wie prior concuence o bth Partie the Adjudicator may take advice
and assistance from independent profesional advises or other persons ©
‘enable him to reach a determination onthe dispute, Such costs shall be
bome by both Parties in equal amounts,

FORD TON DATARS RC

Sen 3: Contig f Cnet

14
Replacement of
Adjudleator

105
Arbitration

Each of the Pais shall upon and in accordance with a request by the
‘Ajudiatr supply him free of charge such information and documents as
e shall require forthe purposes ofthe reference to hin. That information
and those documents shall be kept confidential by him and by the Parties

‘The Adjudicator shall not act as an Arbitrator. The decision of the
Adjudicator shall be deemed final and binding on the Parties if neither
Party refers the dispute to arbitation in accordance with Sub-Clause 19.5
‘within twenty eight (28) Days ofthe Adjudicators determination

Paris on the basis of his unsatisfactory performance, the Parties may
ty appoin another Adjudicator and such an appointment shall be made

in founeen (14) Days after the resignation or death or removal ofthe
Adjudiator If the Panies are unable to reach agreement on the
‘appointment oF anew Adjudiator then the Adjudicator shall be appointed
by the Institute for Construction Training and Development (ICTAD) at
‘the request of either Party within fourteen (14) Days of receipt of such
request.

(@) Any dispute of whatever nature arising from, out of or in connection

this agreement, onthe interpretation thereof, o the rights, dies,

ilies of any Party, or the operation, breach,

termination, abandonment, foreclosure or invalidity thereof, shall be

refered 10 by either Party to arbiration for final setlemen, in

accordance with the Arbitration Act No. 11 of 1995, or any
‘amendment thereof,

(6) Pending the award in any arbitration proceedings hereunder,

() this Contact and the rights and obligations of the Panties shall
remain in fl fore and effect and

cach of the Parties shall continue to perform their respective
‘obligations under this Contract. The termination ofthis Contact
Stall not result inthe termination of any arbitration proceedings
pending tthe time of such termination nor otherwise affect the

“and obligations of the Parties under or with respecto such
ding arbitration

(©) Any award rendered by the arbitral tribunal shall determine the extent
“hich the cost of arbitration s o be bome by each Party. The

arbitration centre charges (if any) and the compensation to the

arbitator shall be equally share by the Parties iia.

‘Composition of the Arbitral Tribunal:

‘The arbitral tribunal shall consist of a sole arbitrator who shall be
appointed in the manner provide in the Selection Procedure as given
below

Selection Procedure:
‘The Pany desiring arbitration shall nominate thee arbitrators ou of which

‘one tobe selected by the other Party within 21 Days ofthe receipt of such
nomination. IF the other Party does not elect one to serve as AO

ADA AS DCR)

204
Definition of Force
Majeure

202
Notice of Force
Majeure

within the sipulted period then the Arbitrator shall be appointed in
ccordance with the Arirtion Act No. 1 of 1995, or any amendments
here.

Venue & Language

“The venue of arbitration hal be in SH Lanka

Unless otherwise agreed to by the Panies the proceedings shall be
‘conducted and the award shal bo rendered inthe English language

20.0 Force Majeure
In this Clause, “Force Majeure means an exceptional event or circumstance
(2) whichis beyond a Parts contol,

(©) _ which such Party could not eatonaby have provided against before
‘entering into the Contact;

(©) Which, having arisen, such Party could not reasonably have avoided
orovercome and

(6) whichis not substantlly atibutable tothe other Par

Foree Majeure may include, but i not limited to exceptional events or
«ircumsiances of the kind listed below, so long as condition (2) to (4)
above are satisfied:

war, hostilities (whether war be declared oF not), invasion, act of
foreign enemies.

Gi) rte, terran, elation, isso, mil or wurd
Power, civil war

(Gi) sor, commotion, disorder, strike or lockout by persons other than
the Contractor's Personnel and other employees of the Contactor
„and Sub-contactos,

tions of war, explosive materials, on
ination by radioactivity, except as may be
Ps use of such munitions, explosives, radiation or radio-
vty and

(9 natural catastrophes such as earthquake hurricane, typhoon or
Volcanie activi

If a Pary is or willbe prevented from performing any of is obligations
under the Contact by Force Majeure then it shall give notice to he other
Party of the event or ercumstances constituting the Force Majeure and
shall specify the obligations, the performance of which is or will be
prevented. The noice shall be given within 14 Days afer the Paty besame
“var, or should have become aware, ofthe relevant event r eicumstance
‘constituting Force Majeure

The Party shall, having given notice, be excused performance of such
Oblgaios for so longa such Force Majer prevent from porfoming,

ss
SECONDE TRUE TC DTA

Sesion 3: Con of amet

203
Duty to Minimise
Delay

204
Consequence of Force
Majeure

205
Force Majeure
‘Affecting Sub-
Contractor

206
Optional

‘Termination,
Payment and

‘Notwithstanding any other provision ofthis Clause, Force Majeure shall
fot apply to obligations of ether Paty to make payments to the other Party
Under the Contact

ach Party shall at all ies use all reasonable endeavours minimise any
“cl in he performance of he Contact as a result of Force Majeure

A Party shall give notice othe other Party when it ceases t be affected by
the Force Majeure

If the Contractor is prevented rom performing any of his obligations under
‘the Contact by Force Majeure of which notice has been given under Sub»
Clause 202 Notice of Force Majeure) and suffers delay andor incurs Cost
by reason of such Force Majeure, the Contactor shall be entitled to such
Cost subject to Sub-Clause 19.1 (Comractor’s Claims) o:

(a) an extension of time for any such delay, if completion is or will be
‘delayed under Sub-Clause Ba (Extension of Time for Completion)
and

€) if the event or circumstance is of the kind described in sub
paragraphs () to (iv) of Sub-Clause 20.1 (Definition of Force
‘Majeure an, in the cas of sub-paragraph (i) t Cv), occur in he
‘Country, payment of any such Cost.

‘After receiving this notice, the Engineer shall proceed in accordance with
‘Sub-Clause 3. (Determinations) to agree or determine these matters.

Fany Subeontrator is entitled under any contactor agreement relating 10
the Works to roi from force majeure on terms addtional to or broader
than those specified in this Clause, such additional or broader free
majeure events or circumstances shall not excuse the Contractor's non-
performance or entitle him ori under this Cause.

{the execution of substantially all the Works in progress is prevented fora

continuous period of 84 Days by reason of Force Majeure of which notice

‘given under Sub-Clause 202 (Notice of Force Majeure) or for

‘which total more than 140 Days due othe same notifies

pure, then ether Party may give o the other Pay a notice of

ofthe Contrat. ns event, the termination shall take effect 7

the notice is given, and Ihe Contractor shall proceed in

a with Sub Clase 163 (Cessation of Work and Removal of
Contractor's Equipment)

Upon such termination, the Engineer shall determine the value of the work
one and issue a Payment Ceres which shall include

(0 the amounts payable for any work cariod out for which a price is
stated in th Contract

(6) the Cost of Plat and Materials ordered for the Works which have
been delivered o the Contractor, o o which the Contactor is able
10 accept delivery: this Plant and Materials shall become the
property of (and be atthe risk of) the Employer when paid for by
the Employer, and the Conretor shall place the same at the
Employers disposa

os

ve SR CR DTA

207
Release from
Performance
under the Law

(©) any other Cost or labiliy which in the circumstances was
reasonably incured by the Contractor in the expectation of
completing the Works;

(d) the Cost of removal of Temporary Works and Contractor's
Equipment from the Sie and the return of these items to the
Contractor's works in his country or 1 any other destination at no
greater cos} and

(©) the Cost of reparation of the Contractor's sta and labour
employed wholly in connection with the Works atthe date of

Notwithstanding any other provision of this Clause, if any event or
circumstance outside the control ofthe Paris including, but nt limited
16, Force Majeure) arises which makes it impossible or unlawful for either
‘or both Parties to fil is or tir contractual obligations or which, under
the law governing the Contac, entes the Panes to be released from
unter performance of the Contract, then pon notice by either Paty the
‘other Party of such event or eicumstance:

(@) de Pants shall be discharged from further performance, without
prejudie tothe rights of ether Party in respect of any previous
breach ofthe Contract and

(6) the sum payable by the Employer to the Contractor shall be the
same as would have been payable under Sub-Clause 20.6 (Optional
Termination. Payment and Release) if the Contact had been
terminated under Sub-Clause 206,

ve
OAMI TRAD

Section — 4

CONTRACT DATA

Note:

This section shall be read in conjunction with Sections = Conditions of
Contract, and is intended 1 provide specific information in relation to
corresponding Clauses in Section 3. Whenever there i a discrepan
he provisions in Section 4 - Contract Data shall supersede these
‘Provided inthe Section 3 - Condition of Contract.

Note
The Contract Data included herein are Samples ony. The Employer

Shall the necessary information and include them as Section in
Volume 2 before issuing the Bidding documents.

Note: The clause numbers referred are the clause numbers of Conditions of Contact. The
Employer should insert relevant data for al the items marked with an asterisk prior 10
‘the issue of the bidding documents. Where a number of Days are 10 be inserted, 1
desirable forthe mamber 1 be a multiple of seven, for consistency withthe Conditions of

Contact.
Conditions of
Contract Cause
Number
(1122813 Employersmame Name
and adress Address:
1 Contactos name Name
and address Address:
(1024813 Engincersname Names rere
and address Address: eu
1129 Replace existog Clau 212. wth following

pe ation Bor” (DAD) mens e

peek Ve Gee cs 13
Tepe pape a a)

A (SRG 193° ratte “Agee on ne
9 (train ihe Bias Ades Bean sf

Colom Cone

NA
Lo) A €
\ Time dor | 22 Time for Completion... Days

NES

133

our pas Def aio Peds. Das
aire Pesos

m1 Right to access to Days afer Letter of Acceptance™
=

on Ale me tanec sal sin pest pa are
cauto me re ty anger Se og

SubsClauses ofthese Condition"

{Clause 13, where the final effec ofthe
ons increase he Contact rice

(Clause

ZE Ir eto conrad mor to LKR SO mA
Ir mnie af Di fren ro 1 Day Commerce Date
ort ete

ST TESTO

NOTE Tr

sos comtmacts Satin 4 Corset a

ma Amount of sens % of the Ina Contact Pe, inthe
Peromee unies and ropoions which the Conract
Sean Frc payable. Te aceptable frm i
Liquid damages... fl nial Conte rice per Day
forthe Woks
ou Maximum amount. ofthe Ina Conta Price
er igi,
‘damages
220 Math of “The Method of Measurement sal be.
Measurement
13) Percentage for Inver percentage
sdjximent of
Provision Sums
17 Weighings of Indices N
Les ale

(© hearse enn sat
SN Od tem Mb
3) \ ehem,
(QE) Total Advance Lu % of the Initial Contract Price excluding
Pome Re nee
oma mbar und ing mer umber mann an any regiment
nee

1430) ques) Insert percentage”

Spe neon nern" te

"Vern mata eed Jo srt ens set cord
rs

ath 10%

100,
TEA

mu. Limit of Retention
Money

eus Minimum amount
of Interim Payment
Certificates

rast Alternative method

for Payment of
Retention

isa Third Pay

Per

‘ofthe til Contract Price“

PS

(On reaching the limit of retemion, stated in the
‘Contract Data under Sub Clase 143, the Contractor
may substitute full retention money wih an
"ncondiionl guarantee acceptable 10 the Employer
a value equal tothe fll retention money, and
Valid up 10 28 Days beyond the end of Defect,
‘Notification Period. On receipt of such gurantee the
Employer shall repay the ful retention money. The
guarantee will be released tothe Contractor upon the
Seriieaton of the Engineer that all Defets noted
by the Engineer o the Contractor before the end of
this period have been comested. ¢™

“This Amount of insurance pef oscuros: |

Rupees AN

1 Val SID of rg monty ae ih sa

© Is mann,

ORTON TART

PARC DEAD

192% Appointment ofthe
Dispute
‘Adjudication
Board

Clause 19.0 Claims, Disputes and Arbitetion” |
Delete existing sub-clause 19.2 (Dispute Resolution,
Delete existing sub-clause 193° (Procedure for

Adjudication).
Delete existing subsclause 19.4 (Replacement of
Adjudietn),

Deine existing sub-clause 19.5 (Arblraio), and
Insert the following new sub-lauses;

192 Appointmen ofthe Dispue Adjudication Bourd

193 Faller to Agree on the Composition of the
Dispute Adjudication Board.

194 Obtaining Dispute Adjudication Board’
Decision

19.5 Falun to Comply with Dispute Adjudication
Boards Decision

196 Expiry of Dispute Adjudication Boards
Appoiniment

197 Arbitration

Any dispute of whatever nature arsing out of or in
Felton 10 this agreement shall in the fst instance be
Fefered to a Dispute Adjudication Board (DAB) for
decision in accordance wih SubClause 194
[Obtaining Dispute Adjudicaion Board's Decision.
|The Pais shall appoint a DAB within 28 Days from
the Commencement Dat.

“The DAB shall comprise, thre suñtably qualified
persons (the member”), who shall be professionals
Experienced inthe type of construction involved inthe
Works and with the interpretation of contract
documents, one of whom shal serve as chaman.

Within 28 Days from the Commencement Date exch
‘ofthe Parties shall appoint one member to serve on
the Dispute Adjudication Board (DAB). The Partes
shall consult both these members and shall gre upon
the third member, who shall be appointed to ac asthe
chaman.
“The agreement between the Parties and each of the
three members shall incorporate by reference the
General Conditions. of Dispute Adjudication
Agreement Std in de Anda o de
nac Date, wäh. such amendments ar agreed
between them o

‘Tho terms of the remuneraion of he thee members
including the remuneration of any expert whom the
DAB consults, shall be mutually agreed upon by the
Partes when agreing the tems of appoiniment of the
member or such expert (as the case may be). ach
Party shall be responsible for paying one hal f this

"ert on Jr contract id ot pa or ceding KR S00

12

TC

ws“ Faïlure to Agree
on the Composition
ofthe Dispute
‘Adjudication Board

19.4% py

= Desi

fa member declines to set or is unable to act as a
su of death, disability, resignation or termination
‘of appointment, a replacement shall be appointed in
the sue manner asthe replaced person was required
to have been nominated or agreed upon, as described
inthis Sub-Chuse

“The appointment of any member may be terminated
y mutual agreement of both Paris, but not by the
Employer or the Contactor acting alone. Unless
‘otherwise agreed by both Pate, the appoiniment of
the DAB (including cach member) shall expire when
the discharge refered. to in Sub-Clause 14.1}
{Discharge shal have become effective,

any ofthe following conditions apply, namely

(2) ciber Paty fils o nominate a member of a
DAB by such ate,

(0) the Paris fal to agree upon the appointment
ofthe third member (10 at as chairman) of the
DAB by sich date, or

(©) the Pats fal to agree upon the appointment
fa replacement person within 42 Days ar
the date on which the one of the three members
declines to act or i unable to act as a sut of
‘eat, disabiiy, resignation or termination of
appointment,

Then Institute for Construction: Training and
Development (ICTAD) shal, upon the request of
either or both ofthe Pais and aer due consolation
‘with both Parties, appoint this member of the DAB.
“This apoiniment shall be final and conclusive. Each
ary hal be responsible for paying one-all ofthe
expenses disbursements incurred by ICTAD.

16 dispute (o any Kind whatsoever) arises between
the Paris in connection with, or arising out of, the
Contactor the execution of the Works, including any
dispute as 1 any certificate, “determination,
Inaction opinion or valuation of the Engineer.

Party may refer the dispute in writing o the
DAR for la decision, with copies tothe other Party
“and the Engineer, Such reference shall sate that is
iven under this Sub Cause.

ser ol Jo coc ih nine el or red LK 00

103
TRE AAA

¡CTA

‘The DAB shall be deemed to have received such
reference on the date when itis received by the
chaman of the DAB,

Both Parcs shall promptly make available to the
[DAB all such additional information, Further acess to
‘the Site and appropriate facies. as the DAB may
require forthe purposes of making a decision on such
‘ispute, The DAB shal be deemed to be ot acting as
arbitrators)

Within $4 Days afer receiving such reference, oF
‘within such other period as may be proposed by the
DAB and approved by both Pare, the DAB shall
tive its decision, which shall be reasoned and shall
ie that it is given under this SubClause. The
decision shal e binding on both Parties, who shall
promptly give effet tol unless and unt it shall be
Fevised ln an amicable settlement or an ariel award
as described below. Unless the Contract has already
been abandoned, repudited or terminated, the
Contractor shall continue 10 procend withthe Works
in accordance withthe Contract.

either Pay is dissatisfied with the DAB decision,
thon ether Party may, within 28 Days after receiving

decision, give notice to the other Party of is
¿issatisfacion and itention to commence arbitation
the DAB fils to give its decision within the period
oF 84 Days (or as otherwise approved) ater receiving
Such reference, then either Party may. within 28 Days

ary of ie dissatisfaction and intention to commence
abitation.

In either event, ths notice of dissatisfaction shall tate
Sat gen nde Sb la an shal stot
dissatisfaction. Except as sated in Si
[failure to Comply with Dispute Adjudication
Board's Decision] and Sub-Clause 196 [Expi of
Dispute Adjusicaon Board's Appointment) neither
Parg shall be entitled to commence arbiratin of a
dispute unless a notice of dissatisfaction has been
given in accordance with this Sub-Chune,

If the DAB has given its decison as to a mater in
dispute 10 both Paris, and no notice of
Aissatisfaction has been given by either Party within
28 Days after it received the DAB! decision, then the

econ sal Become fal and Binding upon bah

108

FER TEA

105% Failure 10 Comply
with Dispute
Adjudication
Board's Decision

100% Expiry of Dispute
Ajuda
Boards
Appointment
vo Atitation

In the event that Paty fais to comply with a DAB
decision which as become final and binding, then the
‘other Paty may, without prejudice to any ober rights
Fe may have, refer the flare sel arbitration under
SubCiuse 19.7 [Arbitration], SubClause 194
[Obuining Dispute Audition Board's Decision]
Shall ot apply to this reference.

IF à dispute arises between the Parties in connection
‘wth, of arising out ofthe Contract ofthe execution
‘ofthe Works and there is no DAB in place, whether
by reason ofthe expiry ofthe DAB’s appoiniment or
otherwise:

(0 Sub-Chuse 19.4 [Obtaining Dispute
‘Aajudication Board's Decision shal not apply.
and

(©) the dispute may be refered directly 10
bitten under Sub-Clase 19.7 {Arbitration}.

(6) Any dispute of whatever nature arising rom. out
of or in connection with this agreement, on the
Interpretation thereof, or ıhe is duties,
‘obligations or Habiles of any Party, or the
‘operation, breach, termination, abandonment.
foreclosure or invalidity thereof, shall be refered
10 by ciher Party to arbitration for final
Seulement, in accordance withthe Arbitration Act
No, 11011995, or any amendment thereof,

(6) Pending the award in any ebitration proceedings
hereunder,
(6) this Contract and the rights and obligations
‘ofthe Parties shall romain in ull force and
effect and

(i each ofthe Panes shall continue to perform
‘heir respective obligations under this
Contact The termiation of his Contact
Shall not resul in the termination of any
Arion proceedings pending atthe time
‘of such termination nor otherwise affect the
vigas and obligations ofthe Parties under or
‘with respec to such pending abivaton.

(©) Any award rendered bythe abil tribunal shall
determine the extent to which the cost of
“tiron isto be borne by cach Party. The
tbiration centre charges and the compensation
Lo the arbitrator shall be equally shared by the
Pasties nly.

"er mb Jo conc ima os qu! or eng LKR SO

198

TC ADI

Composition ofthe Arbitral Tribun

“The arbitral tribunal shall consist of a sole arbitrator
‘who shal be appointed in the manner provided inthe
Selection Procedure a given Below.

Selection Procedure :

“The Party desiring arbiation shall nominate tree
tbitators out of which one 1 be selected by the
‘ther Pay within 21 Days of the receipt of such
nomination. Ifthe other Party doesnot select one o
Serve as Arbitaor within the stipulated period then
the Arbitrator shall be appointed in accordance with
the Atbtation Act No. 11 of 1995, or any
amendments thereof

Venue & Languages
“The venue of arbitration shall be in Sri Lanka,
Unless otherwise agrecd 10 by the Parties the

proceedings shall be conducted and the award shall
be rendered inthe English language.

TT ED TA

APPENDIX TO CONTRACT DATA

A General Conditions of Dispute Adjudication Agreement

1. Definitions

2. General Provisions

3. Warranties

ach “Dispute Adjudication Agreement” is tripartite agreement by and
beincen.

@ the “Employer”;
(6) the “Contactor” and

(6) the “Member” who is defined in the Dispute Adjudication
Aereementasbeing one ofthe thee persons who are jointly
fled the "DAB" (or "Dispute Adjudication Board’) and,
Shore this fs the cae, the other two persons are called the
Nother Members.”

“The Employer and the Contactor have entered (or intend to ene into à
Contra which fs called the "Contract" and is defined inthe Dispute
‘Adjudication Agreement, which incorporates this Appendix. In the
Dispute Agjudiction Agreement, words and expressions which ae not
tatherwise defined shall have the meanings assigned to them in the
Contac.

ated inthe Dispute Adjudication Agreement, it shall
stes ofthe following dates:

(@) the Commencement Date defined inthe Contract,

(6) when the Employer, the Contractor and the Member have each
Signed the Dispute Adjudication Agreement, oF

(©) when the Employer, the Contractor and each ofthe Other Members
have respectively each signed a Dispute Adjudication Agreement

‘This employment ofthe Member i a personal appointment. At anytime,
the Member may give not les than 70 Days notice of resignation tothe
and to the Contractor, and the Dispute Agreement shall

the expiry of this period.

warans and agrees that he/she is and shall be impartial and
\independept of the Employer, the Contractor and the Engineer. The

Tall promptly disclose, to each of them and to the Other
Members, any fact oF circumstance which might appear inconsistent with
isher warranty and agreement of impartiality ad independence.

When appointing the Member, the Employer and the Contact
upon the Member's representations that hls s

relied

(e in the work which the Y st cary out un
gern 1k which the Contactor iso carryout under

(6) experienced inthe interpretation of contract documentation, and
(©) Mentin he language for communications defined in the Contact.

ONO EDO TANTRA RETO CR sa

CAD

4 General “The Member shal
‘Obligations of the se
ns (0) have no interest financial or otherwise in the Employer, th

Contracor or Engineer, nor any financial interest in the Contact
‘xcept or payment under he Dispute Adjudiaton Agreement

(6) not previously have been employed asa consultant or otherwise by
the Employer, the Contractor or the Engineer, except in such
‘ircumstanes as ver disclosed in writing tothe Employer and the
‘Contractor before they signed the Dispute Adjudication Agreement:

(6) have disclosed in writing to the Employer, the Contractor and the
Other Members, before entering into the Dispute Adjudicaon
‘Agreement and o hisher best knowledge and recollection, any
professional or personal relationships with any directo, officer or
“Employee of the Employer, the Contactor or the Engineer, and any
previous involvement inthe overall project of which the Contact
forms part

(& not, for the duration of the Dispute Adjudication Agreement, be
employed as a consultant or otherwise by the Employer,
Contractor or the Engineer, excep as may be ageed in writing by
the Employer, the Contractor andthe Other Members;

(©) comply withthe annexed procedural rules and with Sub-Clause 19.4
{Obaining Dispute Adjudication "Board's Decision) of the
‘Conditions of Contract

(0 not give advice tothe Employer, the Contractor. the Emplayer’s
Personnel or the Contractor's Personnel conceming,
‘he Contract, other han in accordance withthe annexed procedural
rules;

(&) not while a Member enter into discussions or make any agreement
it the Employer, the Contractor or the Engineer regarding
Employment by any of them, whether as a consultant or otherwise,
afer ceasing 16 at under the Dispute Adjudication Agreement;

(00) ensure hisher availabilty forall ste visits and hearings as are
necessary

‘conversant with the Contract and with the progress of the

(and of any other part of the project of which the Contract

y by studying all documents received which shall be

Ind in a cuen working il:

‘treat the deals of the Contract and all the DAB's activities and
hcarings as private and confidential, and not publish or di

them ‘without the prior writen consent of the Employer, the
‘Contractor and the Other Members: and

{be availble to give advice and opinions, on any mater relevant 10
the Contract when requested by both the Employer and the
Contactor, subject othe agreement ofthe Other Members

“The Employer, the Contcior, the Employer's Personnel and the
Contractor's Personnel sal ot request advice rom or conslation with
the Member regarding the Contac, othrwise ihn inthe normal course
‘of the DAB's activities under the Contract and the Dispute Adjudication
Agreement. The Employer and the Contactor shall be responsible for
‘compliance with this provision, by the Employer's Personnel and the
Contactors Personnel respectively

ATINA ra Tr Cars TA

6. Payment

“The Employer and the Contactor undertake to each other and tothe
Member thatthe Member shall ot, except a otherwise agred in writing
bythe Employer, he Contacto, the Member and the Other Members

(0) be appointed as an arbitrator in any arbitration under the Contract:

(6) be called as a witness to give evidence conceming any dispute
Before abitators) appointed for any arbitration under the Contract,

(6) be ible for any sims for anything done or omitted inthe discharge
‘or purported discharge ofthe Member's funcions, unless the ast or
mission shown to have been in bad faith

“The Employer and the Contractor hereby jointly and severally indemnify
and hold the Member harmless agains and from claims from which he is
releve from ibi under the preceding paragraph,

Whenever the Employer ofthe Contractor refers a dispute 1 the DAB
under Sub-Clawse 194 (Obtaining Dispute Adjudication Board's
Decision) of the Conditions of Contract, which will require the Member
to make a ste vist and attend a hearing, the Employer or the Contractor
Shall provide appropriate security for a Sum equivalent wo the reasonable
xpentes to be incurred bythe Member. No account shal be taken of any
‘ter payments due or paid othe Member

‘The Member shall be pid a follows

(a) retainer fee per calendar month, which shall be considered as
payment in al fo

(0) being available on 28 Days notice forall site visits and
hearings:

Gi) becoming and rer
developments and mal

ing conversant_with al projet
ining relevant files,

al office and overhead expenses including seretaral services,
> photocopying and office supplie incured in connection with
"hi dies aná

(GPL ev perenne hereunder excep thos refered
\ Badr Cine

insu

“The retainer fe shall be paid with effect from the last day ofthe calendar
month in which he Dispute Adjudication Agreement becomes effective:
Until the lat day of the calendar month in which the Taking.Ove
“Cents issued forthe whole ofthe Works.

With efec rom the first day ofthe calendar month following he month
in which the Taking Over Certificates issued for the whole of the
Works, the retainer ee shall be reduced by 50%. This reduced fe shall be
paid unt the first day ofthe calendar month in which the Member resigns
forthe Dispute Adjudication Agreement is otherwise terminated

109

TET CORT TT ADR

(6) daily foe which shall be considered as payment in ul fr

(ach day or par ofa day up 10 a maximum of two Days travel
{ime in each direction forthe journey between the Member's
home and the site, or another location of a meting with the
Other Members

‘ach working day on Site visis, hearings or preparing
decisions and

(i each day spent reading submissions in preparation for hearing

(6) all reasonable expenses including necessary travel expenses (hotel,
and subsistence and other direct travel expenses), incurred in
connection with the Member's duties, as well as the cost of
telephone calls, courier charges, and faxes: a receipt shal be required
for each tem in excess of five percent ofthe daly fe referred 0 in
sub-paragraph (9) ofthis Cause,

The retainer and daily fees shall be as specific in the Dispute
‘Adjudiation Agreement. Unless it species otherwise, these fees shall
remain fixed forthe entire duration ofthe Contact

‘The Member shall submit invices for payment ofthe monthly retainer
quarteriyin advance. Invoices fr other expenses and for daily fes shall,
be submited fllowing the conclusion of a sie visitor hearing. All
invoices shall be accompanied by a brief description of activites
performed during the relevant period and shall be addressed 10 the
Contactor.

‘The Contractor shall pay each of the Member's invoices in fll within 56
calendar days fer receiving each invoice and shall apply to the
Employer (in the Statements under the Contract) for reimbursement of
‘oneshaf of the amount ofthese invoies. The Employer Sal! hen pay
the Contractor in accordance wäh the Contact.

Ihe Contractor fils to pay othe Member the amount to whch hese i
Inder the Dispute Adjudication Agreement, the Employer stall

the Employer shall be entitled to reimbursement ofall

in excess of one-half of these payments, plus all costs of

Tecovering these sums and financing charges calculated at the rte
Sub-Clause 147 ofthe Conditions of Contact

If the Member doesnot receive payment of the amount due within 70
‘ays afer submiting a valid invoice, he Member my (D) suspendhiser
services (without noice) until the payment is received, andor (i) resign
isher appointment by giving notice under Clause 7.

[At any time: (i) the Employer and the Contractor may jointly terminate
the Dispute Adjudication Agreement by giving 42 Days notice 10 the
‘Member or (i the Member may resign a provided for in Clause 2

If he Member als 0 comply withthe Dispute Adjudication Agreement,
the Employer and the Contractor may, without prejudice to their ether

“SECOND TION TE as i Can Tang A MAD

or conrescrs, Sein 4 Corn Dan

rights terminate it by notice tothe Member. The notice shall ake ci
‘wen reed by the Member.

IF the Employer or the Contractor fails to comply with the Dispute
‘Adjudication Agreement, the Member may, without prejudice to his ther
‘ght, terminate it by notice to the Employer and the Contactor. The
otic shal tke effect when received by them both

‘Any such noie, resignation and termination shall be final and binding on
the Employer, the Contractor and the Member, However, a notice by he
Employer o the Contractor, bt not by both, shall Be of no eet,

Default ofthe Ifthe Member fils to comply with any of his obligations under Clause 4
Member (a) (3) above, he shall nt be ent to any fees or expenses hereunder
nd shall, without prejudice o tir eter Fights, reimburse cach of he
Employer and the Contractor or any fees and expenses received bythe
Member and the Other Member, or proceedings or decisions of the
DA which are rendered voi o ineffective by the sa failure to comply.

Ifthe Member also comply with any of his obligations under Clause 4
(6): () above e shall not be ented 10 any fees or expenses hereunder
from the date and to the extent of the non-compliance and shall, without
prejudice to their other rights, reimburse each of the Employer and the
Contractor for any es and expenses already received by the Member for
proceedings or decisions of the DAB which are rendered void or
Ineffective by th sid alae 10 compl.

9. Disputes Any dispute or clim arising out of or in connection with this Dispute
‘Adjudiaton Agreement orth breach, termination o invalidity thereof,
Shall be finally setled in accordance with Arbitration Act No 11,1995 of

Lanka witha sole Arbitrator.

TORT TOTO TTS RAS

PROCEDURAL RULES

1 Unless otherwise agreed by the Employer and the Contractor, the DAB shall visit the ste at
Intervals of not more than 0 days including times of erica construction events at he request
of either the Employer or the Contracior. Unless otherwise agreed by the Employer, the
Contractor and the DAB, the period between consecutive visits shall not be less than 35 days
“except a required to convene a hearing as described below,

“The timing of and agenda fr ech site vist shall be as agree jim by the DAB, the Employer
and the Contractor, o in th absence of agreement, shall be desided by the DAB. The purpose ol
Sie visits fs to enable the DAB to become and remain acquainied with the progress ofthe Works
And of any actual or potential problems or claims, and, as fr as reasonable, o endeavour 10
prevent potential problems or claims fom becoming disputes.

3. Site visits shall be attended by the Employer, the Contractor and the Engineer and shall be co
Ordinate bythe Employer in cooperation wäh the Contrctr. The Employer shall ensue the
provision of appropriate conference fciliies and secretarial and copying services. At the
Soneluson of ach site visit and before leaving the site, the DAB shall prepare a report on its
‘Scie during the visit and sal send copies to the Employer and the Contactor.

4, The Employer and the Contactor shall furmish copy each 10 the members of the DAB all
documents which the DAB may request, including Contract document, progress reports,
‘aviation instructions, certificates and other documents pertinent o the performance of the
Contract, All communications between the DAB and the Employer or the Contactor shall be
copied to the other Paty.

5, Ifany dispute is refered tothe DAB in accordance with Sub-Clause 19.4 (Obtaining Dispute
Adjudication Board's Decision) of the Conditions of Contact, the DAB shall proceed in
accordance with Sub-Clause 19.4 (Obtaining Dispute Adjudication Board's Decision) and

these Rules. Subject to the time allowed to give notice ol decision and other relevant factors the
DAB sh

(2) act fey and impartial as between the Employer and the Contractor, giving each of them
reasonable opportunity of puting his case and responding tothe other's case, and

(©) don procedure suitable othe dp, avoiding unecessary delay or expense
6. The DAB may haem on the dispute, in which event i will decide on the date and

Es Elf eeelllg lath beset
celeste eaten) sneer tl

7. Except as otherwise agreed in writing by the Employer and the Contactor. the DAB shall have
power te adopt an inquisitorial procedure, o refuse admission to hearings or audience at hearings
10 any persons other than representatives ofthe Employer. the Contractor and the Engine, and
10 proceed inthe absence of any party who the DAB is atsid received notice of the hearing:
but shall hae discretion to decide whether and 10 what extent this power may be exercised,

8. The Employer and the Contractor empower the DAB, among other
(4) establish the procedure to be pplid in deciding a dispute,
(©) decide upon the DAB's own jurisdiction, and aso th scope of any dispute referred tot

(©) conduct any ewig as e thinks fi, ot being Bond y any rues or postres oe than
‘those contained in the Contract and these Guidelines, dá =

ings to:

12
Tr To CR CAD

(take the initiative in ascertaining the facts and mater required fora decision,
(©) make use of ts own specialist knowledge, any,

D decide upon the payment of financing charges in accordance with the Contact,
(0) decide upon any provisional eli such a interim or conservatory measures, and

(0) open up, review and revise any crüflte, decision, determination instruction opinion or
‘Valuation of the Engineer, relevant to the dispute

9, The DAB shall not expres any opinions during any hearing concerning the meris of any
arguments advanced by the Parties. Thereafter, the DAB shall make and give is decision in
accordance with Sub-Clause 19.4 (Obtaining Dispute Adjudication Board's Decision), or as
‘otherwise agreed by the Employer andthe Contactor in writing. The DAB:

(0) shall convene in private aer a hearing, in order 10 have discussions and prepare is
decision,

(6) shall endeavour to each a unanimous decision: if his proves impossible the aplicable
decision shall be made by a majoriy of the Members, who may require the minority
‘Member to prepare writen report fr submission tothe Employer and the Contactor:
and

(©) Member fis to attend a meting or hearing or to fulfill any required funcion. the other
‘wo Members may nevertheless proceed to make a decision, unless:

© eitherthe Employer or the Contractor doesnot agre that hey do so, oF

i) the absent Member is the chairman and he/she instructs the other Members to not
make a decision.

u
FARINA RETO COT CAD

DISPUTE ADJUDICATION AGREEMENT.
[foreach member oie - person DAR]

¡Name and dts of Contract

Name and aes of Employer

‘Name and adres of Comractor

Name and addres of Member

‘Whereas the Employer and the Contracts have entered ino the Contac and desir only Lo appoint the
Member to act a5 one ofthe Ihres persons who ae join called he Dispute Adjudieation Board (DAB)
[and desire he Member 0 act as airman ofthe DAB]

“The Employer, Contractor and Member jointly agree lows:

1. The conditions ofthis Dispute Adjudication Agreement comprise the “General Conditions of
Dispute Adjulicaion Agreement” which f appended 1 the General Condos of the "Standard
‘Bidding Document, Procurement of Works, Major Contaci Second Eton, January 2007” and
the following povisns. In these provisions, which include amendments and editions to the

‘General Conditions of Disque Addition Agreement, words and expressions shall have the
‘Sine meanings es are assigned 10 them in the General Conditions of Dipite Adjudicaion
‘Agreement \

ptf ond Ga nn Dig a ned.
For example: pe À 4

Q
prosas cd o pe or ae Adin Agen

all deleted and replaced Df

ius Rey perd

1m come se ed ppm ema te Emplyr and te Cott
1 in Che fe Gel iin of Dip AduatonAgesmon he
Mente unas ove a scribd athe Dip Audio Agreement ono he
pr whore Jota DAD.

5 The Employer andthe Contacor joint and severally undertake to pay the Member, in
errno et of se aries in core wih le re Gee
Agreement.

onions oros
6. Ti Dig Adudion Aeon hl ove ao

SIONED by: SIGNED by: SIGNED by:
forandonehalfofthe employer forandonbehafof the Conracor the Member
inthe presence of inthe presence of Inthe presence of
Wines Wires: Witness:

Name: Names Name
Ares Ads: Adress
Due Due: Due

TT PA

Section -5
STANDARD FORMS (CONTRACT)

= Letter of Acceptance

= Agreement

= Performance Security

= Advance Payment Security
= Retention Money Guarantee

us

son Contracts Sesion $~ Sunder or (Coin)

[Notes on Standard Forms:

Bidders shall submit the completed Form of Bid Security in compliance with the
requirements of he bidding documents.

Bidders should nr complete he Form of Agreement a the tie of preparation of bis
The Bio il be required to sgn the Form of Agreement, fer the ard
{of coma. Any corectons or madfcatons 10 he oceped bd rs from
ie correction, acceptable deviations, r quan varias in acordnce with
dh requirements ofthe bing documents shouldbe incorporated int the Agreement.

‘The Form of Performance Securiy, Form of Advance Payment Security and Form of
‘Retention Money Guarance should not be completed bythe bidders of the tine of
preparation of bs. The succes Bidder wil be required 1 provide these securities in
Compliance with he requirements herein or as acceptable 10 he Employer

m
COMO TA

son covers Seton $ Sand Cam)

Notes on Form of Lener of Acceptance

‘The Leter of Acceptance willbe the basis for formation ofthe Contract as described in Clause
34 ofthe Instructions to Bidder. This Form of Leer of Acceptance shoud be filled in and
sen a the success bidder ony fer evaluation of Bids and afer obtaining approval from
the relevant aborto

FORM OF LETTER OF ACCEPTANCE

Mester head paper ofthe Employer)
lated

[LETTER HEADING PAPER OF THE PROCURING ENTITY]

pois A

OS \
Ts sy jt yori ao — fin perla a remain
isa ripe 200 e tl debido més lo De
Contract price of {name of curre o [amount

in figures and words] as corested
Memorandum of Understanding”,

sama

y)
Came Dee
es

Security is Gl he moun as per Clause 4.2 of Conditions

fil the date as per Clause 81 of Conditions of

“The amount of
of Contract.

‘The Performance Security shal be submited on or before sow (AU he dote as per
Clause 4.2 of Conditions of Con

Authorized Signatore + | (GU.

Name and tile of Signato >

5 me coment or wei nae meat dr oc ne erde werd and terco hem
Dela erected in core ith ander "or onder mai 90 Moron of Uns ha!
amicale
u

ODIA TNA

FORM OF AGREEMENT

This Agreement made the u [de] of

Fefered toas “the Employer"), ofthe one pan, and …
‘and address of Contractor hereinafter called and refered 1 a “the Contractor

‘Whereas the Employer desires thatthe Contractor execute u...
and detain no of Contact} ereinater called and efrad ihe Wks) and the
Employer has accepted the Bid bythe Contractor für the execution and completion of such Works and
‘remedying of any defects there

‘The Employer and the Contractor agree a follows:

1 tna Agreement word and express shal have he same meanings ar rech
assigned to them in the Contract. RN

TRETEN

Ih Agreement te Cena hr coven wi, rend comple
te dm en se pot
‘he Comet N

3. Te Employer herby covenants vo a of the cet and
sera cacas
mere poe de u athe tine tnd the man
Pins ee

In Witness ss SA this Agent to be enced day and yar

pecado ee

Autors sgn Antheind guata of mplayer

Sa

CONNONSEAY oy COMMON SEAL

Inthe pence of =

Wine:

1. Name and NIE No:
Signature.
‘address

Name and NIC No.
Signature
Address

COR EDEN en nun

FORM OF PERFORMANCE SECURITY
(Unconditional)

issuing Agency's Name, and Address of Issuing Branch or Ofce]

sm [Name and Address of Employer]

{name of Contacto] (hereinafter called “he Contractor")
tas entered into Contact No [reference number of the Conrac] ated = wäh
you, forthe sion’) of “name of Conoci and brief
“escrpton of Works (hereinafter called "the Cort).

‘eee
IN

WW

\hdpeby irteVocably undertake to
(menge
een
are
en

Furthermore, we understand that, according to the Conditions of thy
guarantee required. 7

{At the request of he Contractor, we
on sm of cme rot
upon receipt by us of your first dem
Contactor isin breach of is bli

Sanit

Time for Come 908
\

day Of... 20. insert dae, 28 days beyond the
ment under i must be received by us a this office on
or before that et.

a)
Far =

m
TORT ETON TIC

FORM OF ADVANCE PAYMENT SECURITY

[Name and adress af Agency, end Adres of suing Branch or Ofee]

> [Name and Address of Employee}

ADVANCE PAYMENT GUARANTEE Nos ~

We have been informed that
has entered into Contact No.
you, forthe construcion of
(hereinafter called "the Contact)

— nae of Conner at ie“ mic)
[reference number of the contract] dated = with
Se

7
fucken ve nen, rg cans de Com EN mme

the sum" famount figures) = > [amount in word] to be made against an
advance payment guarantee. \

[At the request of the Contactor, we ="
any sum or sums not
Tanoınt in words)"

a

Jin breach of its obligation in

guarantee sh Sr Fier due, 2040 ton ie Tie Compton)

‘Consequently, any dé or payment unde his guarantee must be received by us a is ofie on
or at ae

TT (voran

ne Gort ler nor preening th amet fd ance payment ad mama ne i he

Sende) of te rnc pment sacd te Cone.
msi of i ie

ARANA TNT CA

FORM OF RETENTION MONEY GUARANTEE

Using Agency's Name, and Address of suing Branch or Office] ="

ame and Address of Employer] ~

name of Contactor} (hesinair called “he
tronc mane oft oie au
= ame.

‘with you, forthe execution of =
brief escription of Works} (hereinafter calle "the Contract

Furthermore, we understand that, according tothe conditions ofthe Contract when the works have
being taken over andthe first half of the Retention Money has been certe for payment, payment of
the second half ofthe Retention Money may be made against a Retention Money |

ot
[A the request ofthe Contractor, we == [name of agency], here revdeakly \perake to
Auten cman lao gs) teil

; Ace
me a

{Contactors in reach of obligation under te Conte actor has not andes to
the defects in accordance wäh he Contre. NA
(© VAN

‘This guarantee shall expire, at the Ash 28 Days after the end ofthe Defects
Liabiliy Period. Conseauenbscan ent under this guarantee must be receive by
G =

‘wa this office on or before:

— AN
ayy

Tigre

The Gare al er mona representing he amount fee amd a ofthe Reon Moe

Section — 6

SPECIFICATIONS

Notes for Preparing Technical Specifications

Precise and clear Specifications are a prerequist for bidders 10 respond realisicaly and
competitive tothe requirements ofthe Employer without qualifiing or conditioning their bis, In
the context of compeitive Bidding, the Specifications mus be drafted 10 permit the widest posible
competition and, tthe same time, present a clar statement ofthe required standards of material

lant, other supplies, and workmanship to be provided. Only i this is done will the objectives of
economy, efficiency: and equality in procurement be realized, responsiveness of bids be ensured
and the subsequent task of bid evaluation fected. The Specifications should require that al
‘materials, Pla, and other supplies to be incorporated in the Works are new, used, ofthe most
recent or current model, and incorporate al recent improvements in design and materials unless
provided otherwise in he Contract. 4 clause set ou the scope ofthe Works i often included a
the beginning ofthe Specifications, and it is exatomary 10 give alist ofthe Drawings. Where the
(Contracor is responsible for the design of any part ofthe Permanent Works, the extent of his
obligations must be stated. (See Sub-Clause 4.1 of the Condition of Contract)

Samples of Specifications from previous similar projects are useful in this respect. Most
Specifications are normal writen special by the Employer or Engineer to sit he contract for
Works in hand. ICTAD specifications shall be specified wherever applicable

Care must be taken in drafing Specifications 10 ensure that they are not restrictive. ln the
specification of standards for material, Pla, other supplies, and workmanship, Sri Lanka
Standards should be used as much a posible

Wherever reference ls made in the Contract to specific standards and codes 10 be met by the
‘materials, Plant, and other supplies 10 be furnished, and work performed or tested, the provision of
‘the latest current edition ee: relevant standards and codes in effet shall apply. unless

Er

AAA
Env e de porn fing te Sang scams Te nt het fed
Pts

COCINA TC

Section —7

FORM OF BID

sso cosrmers den 7 Foot wit

FORM OF BID

[Note Prior to the is ofthe bidding documents, the Employer should inser relevant dat for all ems

‘marked with an ara).

Name of Contract

Tos

+ {mer name of Employer)

Gentlemen:

1

sing examine the Standar Bing Document Procurement of Work - Major Comas
LIETADISBDI2 - Second Bao, January 2007, Specifcaions, Drawings and Bills of
uan and Addenda for the exccuon ofthe above-named Works, we the undersigned.
‘fer o execute and complete such Works and emedy any defect therein In coformiy with
the aforesaid Conditions of Contract, Specifications, Drawings, Bills of Quant and

Ces oe a cama

ACER nd oc i Cat |
CAN

h 44

A
NS

We underake, if our Bid is accepted to commence à posible

“aer the receipt of the Engineer’ notice o e lets the whole of the Works

‘comprised in the Contract within he ime sated in Data.

We agree o abide by this Bid in EB Chase 16. ie date,
tod ial onan lading one stay in tf a te
sen wl Gets aa
on

binding Contract between us“.

vor
E
We un not bound 1 accept the lowest or any bi you may receive.

We cet ‘we comply with the eligibility requirements as per ITB Clause 3 ofthe
bidding documents.

We acknowledge thatthe Contract Data forms part of our id,

Dated thi

or ajo etre bi flowing tam $2:

{hid ijl entre id we wera te reponse I ai entre acen among he oe
Vine pomada aes el ae tiem fal tetera er greene te ee
Jom ewer a ond od ar Bond wi be fore ou

Section — 8

BILLS OF QUANTITIES

Notes:

a

@

2)

Im preparation ofthe bidding document he users are aid to;

Include appropriate Preliminary Bill ems as Bill No. 01 in
‘accordance with ICTAD Publication No. ICTAD/IDVO4

Allow provision for the bidders 10 include the VAT Component
Separately and intruct them not to carry the VAT component 10 Ihe
Form of Bid.

Advise the bidders hat any discount ofered will not be considered for
Provisional Sum tem

1

ron covmmacrs sein 8-1

[Notes for Preparing a Bills of Quantities
Objectives

The Bills of Quantities of building work shall be prepared in accordance with the principles laid
down in the Standard Method of Measurement of Building Works SLLS. 573 (1% Revision 1999) or
latest edition or in the case of Chil Engineering Works the Chil Engineering Method of
Measuremens (3 Edition) or latest.

‘The objectives ofthe Bi Quant are
(2) to provide sufficient information onthe quantities of Works tobe performed o enable bids o
be prepared efieienly and accurately and

(b) when a contract has Been entered int, to provide a priced Bill of Quantities for use in ihe
periodic valuation of Works executed

Im onder 10 attain these objectives, Works should be temized inthe Bl of Quantities in sufilent
detail to distinguish between the different clases of Work, or beween Works ofthe same nature
carried out in diferent locations or in other circumstances which may give rise 0 diferent
‘considerations of cost. Consistent with these requirements, he layout and content of he Bill of
‘Quantities shoud be as simple and brief as possible.

Content
The Bll of Quant should be divided generall in the following sections
@
m
(o
@
wo

The Preamble should indicate the inclusiveness of the it prices, and should state the methods of
‘measurement that have been adopted inthe preparation ofthe Bill of Quantities and that are 10 be
sed forthe measurement of any par of the Works,

ns
FORT ETO TART SF TT AAA

Preliminaries

Under the heading ems which afet the contract as a whole shouldbe listed.

Work tems

The items nthe Blof Quen shoul be grouped int section to disinguish betacen bas parts
ofthe Works that by nature, location, acces timing or any ther special charters may ie
rise 1 diferen methods of construction, phasing ofthe Works, or considerations of cost. General
{tems common tol arts ofthe Works may be roupedas a separate section nth Bil Quem.
uanites

¡ue should be computed ne rom the Draving, nes diced otherwise in he Contract and
0 lens shod be mode o king, tinta, or was.

alts of Measurement

The following unis of measurement and abbreviations are recommended for use

Tait ‘Abbreviation Tait ‘Abbreviation
SE mere m ere mm

hectare ha mon mon

hour 5] somber m

Klogam ke quae metre m

Lamp sum sum square millimetre | mr?

mere m week we

metio ton. t

(6,000 eg)

aa)
Sees eon tees
ici
FR anne
Spee

16
CODEN TE CPR

usos conne Seton eof Quen

Daywork Schedule

A Daywork Schedule should be included If he probability of unforeseen work. ouside the items
Included inthe Bill of Quant, is relative high. To fclitte checking bythe Employer ofthe
realism of rates quoted by the bidders, the Daynork Schedule shoud normally comprise a ist ofthe
surions clases of labor. materials, and Contractor's Equipment for which basic Daywork rates or
prices are 10 be inserted by the bidder together with a statement ofthe conditions under which the
Contractor wil be paid for work executed on a Day work basis and

Provisional Suns

‘The estimated cost ef specialized work 10 be carried ou or of special goods o be supplied by a
[Nominated Subcomractr (reference Clause 5.0 or Part 1) should e Indicated nthe relevant part of
the Bill of Quantities as a particular Provisional Sum with an appropriate brief description A
separate bidding procedure is normally carried ou by he Employer to select the specialists, who are
them nominated as subcontractors o the main or prime contracior. To provide an elemen of
competition among the main bidders (or prime contractors) in respect of any facts, amenities.
attendance, ete. to be provided by the sucessful bidder as prime contractor forthe use and
convenience ofthe specialist or nominated subconractor, each related Provisional Sum should be
following by an item in the Bil of Quantities inviting a percentage (0 be quoted bythe main Bidder)
payable on the actual expenditure from the Provisional Sun.

Summary

The Summary should contain a tabulation ofthe separate parts ofthe Bills of Quantities carried
Sorwand with a comingeny sum fr anoreseen work

These Notes for Preparing @ are intended only as information forthe Employer
‘or the person drafting the bidding doluments. They should not be included inthe final documents.

coa ra)
TART AA

Section — 9

SCHEDULES

139

sion contacts Sesion 9- Schedules

‘Schedule T= General information
9 Urea i done the ddr regreso include information subsequent otha

‘submited withthe pre-qualifcaion application.

For joint ventures, each joint venture partner shal frnish information separately
ie Description Information Remarks
Clause to be fille y the Bidder)

reference

416) | Legal Satas

Wren power of
atome ofthe
‘Signatory tthe Bid

Ta Joint Venture,
names and addresses of.
Joint Venture Partners

Tra Joint Venture, name
of Lead Pannes

Far er ic ga Sa ara,

| ad

> Has
a ee
| y aoe
a
Principle place of
=
Same ST CST atch mm
O Ver
et
es
Hu
nn
a NONE
ce ces
SR a
Principle place of
Er

sar
AITANA TC TA

v0 CONTRACTS Seaton 9 Sheds,

Wien power af Prod orignal or eid copy Je power of
some othe aon nes Notary ad abel sachet te
‘Story tothe Bid aa)

VAT Registration
Number

Name (Pariner 3)

Tegal sas pot eid and

Pace afro ara

Private place of
business

Written power of Provide original or certified fhe power of
oo Gen:
A Zn

VAT Region,
Number

420) | TCTAD Registration

er

AGE

En TT

=

(ten)

ta
INIA TT AD

‘Schedule 2 - Annual Turn-over Information
(Construction only ~ Last five years)

(© Upre-uaiicaion i don the bidders are required o include information subsequet o
‘hamid wih he prue aria.

(Gi), For joint ventures, each joint venture partner shall furnish information separately:

ver — —
7
:
; Me“
bl Ce
3 ATAU
\
AND
Schedu Working Capital
a
fi lification | 10 include information 10 that
proque subsequent

(> :
ss ya — =

( Provide documentary evidence

Toral

us

muon contacts. Seto — Schedules

‘Schedule 4 Construction Experience in last five years

1 Ufpre-quaifcation i done the Bidders are required to include information subsequent to
‘that submited with the pre-qualifiction application.

(i) For join ventures, each jon venture parer shall fish information separately

Year | Employer | Description of Works | Amount | Contractor's
Responsibility (%)_|

I le
(El)

Tor

+ Provide documentary evidence and label as attachment to Clause 42

‘Section 9~ chats

‘Schedule 5— Major Items of Construction Equipment Proposed
Type Capacity
PAIN
oe
ENS AY
¡CAS
DY

TC TA

MAJOR CONTRACTS, Section 9 - Schedules

Task
Task

‘Schedule 6 - Construction Management Staff

E :
E i
El
E E
E
:
5 I
E E

SECOND EDITION. JANUARY 2007 Taste Tor Construction Training and Developme

MAJOR CONTRACTS

Section 9 — Schedules

Months

Months (in the form of a Bar Chart)

273] 4] 5] 6] 7] 8] 9 [to] 1] 2] 13] 147 15] Number or

‘Activities

‘Schedule 7- Time Schedule for Key Staff

Position.

Name

3

147

‘SECOND EDITION, JANUARY 2007

sti Tor Construction Training and Development (ICTAD)

007 AMVANVE "NOLS UNODAS.

Cavs.) moudororsg pur Bu nanas 0) MASA]

Schedule 8 — Work Programme

Tist, 2nd, etc. are months from the Start Date.]

Construction Activity
1st | 2nd | 3rd | ath | sth | och | Tun | sen | ow | rom | rich | nach isch] 1am | sth

‘SIDVHINOD WOFVIN

SAPOS = 6 WORDS

on CONTRACTS ‘Section 9 Schule,

‘Schedule 9~ Input percentages for Price Adjustment Formula

AA — | "+
ere ca fr aap) Silo
pie m
Soa PRE =
Sie aor a :
‘asd Latour = <

Section — 10

DRAWINGS

Note

Insert here list of Drawings

Section — 11

STANDARD FORMS (BID)

= Bid Security

sisson covmacıs Seton 1 Sd ors ih

[Notes on Standard Forms:

‘Bidders shall submit the completed Form of Bid Security in compliance with the
‘requirements ofthe Bidding documents.

Bidders should not compete the Form of Agreement at the time of preparation of bids
The successful Bidder wil be required to sign the Form of Agreement, er the card
of contract. Any corrections or modifications 10 the accepted bid resulting from
rime corrections, acceptable deviations, or quan variations in accordance with
he requirements ofthe Bidding documents should be Incorporated into the Agreement.

The Form of Performance Security, Form of Advance Payment Security and Form of
Retention Money Guarantee should not be completed by the bidders at the time of
preparation of bids. The successful Bidder wil be required to provide these secures in
‘Compliance withthe requirements herein or as acceptable 1 he Employer.

Iss
SON EEE ET TA

sion covrmacts Sesion 1 = Sun Yom i)

FORM OF BID SECURITY

this Guarante form shal be filled in accordance with he instructions indicated in brackets}

insert issuing agency's name, and address of issuing branch o lie]

Beneelany: ge
ine PE name and aires of Emer]

Date

insert by issuing agency) dee]

ID GUARANTEE No. insert (by issuing agency} mane}
We have been informed that. inser oy issuing agency) name.
fine Did) vercinalts called “he Bidder” has Submited 10 you its bid ate
insert (by issuing agency) date Jhercinafcr called "the Bid") for the grace of finsert mame
“of Comrac under Into for Bids No, [insert TFB umber] (be TFB"

Further more, we understand tat, according 10 your conto, Bids ust be supported by a Bid
Guarantee. NA AG Ur

At the request of the Bidder, we me oe ot insert name of issuing
{em yay nc) Su so ot sc a a a
SER inset amount In fs Cm inet
ot ia woop wech aso un fir a in wing acompa D à wien
tement stating that the Bie sw reach Mitin) under the id conditions, because the
Bidder

(trol i porn pia

Boos a fe a ara
een

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This Guarante shall expire” (a) f the Bieri he succesful bidder, upon ou receipt of copies of
the Contract signed by the Bit and ofthe Performance Security issued to you bythe Bier or (0)
Ifthe Bidder isnot the Big rn er of (ie mar bi
performance security, of em = insert dete)

ine it remain in Force up o-

‘Consequently. any demand for payment under this Guarantee must be received by us atthe office on
or before that date —

ame fe poem Subida o Bd
Im de cer Sub Ch 1 of fart ars

CORD VITTION, TANTA ra
a er AC

Addressed to the Employer ?

Format as required?

Issuing Agency as specified?

“Amount as requested?

Validity 28 days beyond the validity of Bid?

account?

10

BID package

Tae phen BTS Coe
inthe original and copy ?

TFB Clause 19 followed before
Sealing the Bid Package ?

1

19

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