BIDDING DOCUMENT - NHA

ISLAMIC REPUBLIC OF PAKISTANNATIONAL H IGHWAY AUTHORITY

lRifx,o.Y ri$r*dv5

Asian Development Bank Loan No. 3378-PAK

Post-flood National HighwaysRehabi litation P roject

(ADB/NCB/PNHRP)

BIDDING DOCUMENT

Package-4: Rehabilitation of National HighwaysDhanasar-Daraban (N-50)

Darzinda-Darban, Km 447+000-Km 457+680 (10.68 Km)

On Post Qualification Basrs(S i ngle-Sfage Two Envelope)

(voLUME-t)

National Highway Authority28-Mauve Area, G-911 , lslamabad

Tel: 0092-51-9032727 , Fax: 0092-51-9260419

Procurement of Works

BIDDING DOCUMENTfor

Procurementof

Package-4: Rehabilitation of National HighwaysDhanasar-Daraban (N-50)

Darzinda-Darban, Km 447+000-Km 457+680 (10.68 Km)

lssued on :

Invitation for Bids No.: NCB/PNHRP/N-50/Package-4

NCB No. : NCB/PNHRP/N-50/Package-4

Employer : National Highway Authority

Gountry : Pakistan 4-

Preface

This Bidding Document for the Procurement of Works has been prepared by NationalHighway Authority and is based on the Standard Bidding Document for the Procurement of Works(SBD Works) issued by the Asian Development Bank dated December 2015.

ADB's SBD Works has the structure and the provisions of the Master Procurement Documententitled "Bidding Documents for the Procurement of Works", prepared by multilateral developmentbanks and other public international financial institutions, except where ADB-specific considerationshave required a change.

Table of Contents - Summary Description

BIDDING PROCEDURES

Section 1 - Instructions to Bidders (lTB)-*-----"--This Section specifies the procedures Bidders should follow when preparing and submitting theirBids. Information is also provided on the submission, opening, evaluation of bids, and on the awardof contract.

Section 2 - Bid Data Sheet (BDS)This Section consists of provisions that are specific to each procurement and supplement theinformation or reouirements included in Section 1 - Instruct ions to Bidders.

Section 3 - Evaluation and Qualif ication Criteria (EOC)This Section contains the cri teria to determine the lowest evaluated bid and the quali f icat ions of theBidder to oerform the contract.

Sect ion 4 - Bidding Forms (BDF)This Section contains the forms which are to be completed by the Bidder and submitted as part ofi ts Bid.

Section 5 - El igible Countries (ELC)This Section contains the list of eligible countries.

REQUIREMENTS

Section 6 - Employer's Requirements (ERa)This Section contains the Specifications, Drawings, and Supplementary Information that describethe Works to be procured, Personnel Requirements, and Equipment Requirements as well asEnvironmental Management Plan.

CONDITIONS OF CONTRACT AND CONTRACT FORMS

Section 7 - General Gonditions of Contract (GCC) ----------------- 7-1This Section contains ihe general clauses that govern the Contract. These General Condit ionsshall be the Condit ions of Contract for Construction, Mult i lateral Development Bank HarmonizedEdition, prepared by the F6d6ration Internationale des Ing6nieurs-Conseil (FlDlC 2010 MDBversion). These Condit ions are subject to the variat ions and addit ions set out in Section B(Part icular Condit ions of Contract).

Section 8 - Particular Conditions of Contract (PCC)This Section contains provisions that are specific to each contract and that modify or supplemenlthe GCC. Whenever there is a confl ict. the provisions herein shal l prevai l over those in the GCC.

Section 9 - Contract Forms (COF)------- 9-1This Section contains forms, which, once completed, will form part of the Contract. The forms forPerformance Security and Advance Payment Security, when required, shall only be completed by

PART I

PART II

PART II I

1-1

2-1

3-1

4-1

5-1

6-1

8-1

the successful Bidder after contract award

Section 1 - lnstructions to Bidders

Section 1 - Instructions to Bidders

This Section specifies the procedures to be followed by Bidders in the preparation and submission oftheir Bids. Information is also provided on the submission, opening, evaluation of bids, and on theaward of contract.

Table of Clauses

A. Genera l . . . . . . . . . . . . . . . . . . . . . . .1-3

1 . Scope o f B id . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 -3

2 . Source o f Funds . , . . . . . . . . . . . ' . . . . . . . . 1 -3

3. Fraud and Corrupt ion . . . . ' . . . . . . . . . 1-3

4 . E l i g ib le B idde rs . . . . . . . , . . . . . . . . . ' . . . ' . . 1 -5

5. E l ig ib le Mater ia ls , Equipment , and Serv ices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-6

B. Contents of Bidding Document. . . . .". . . . . ' . ' . . . . . .1-7

6. Sect ions of B idding Document . . . . . . . . . . . . . . . . . .1-7

7. Clarif ication of Bidding Document, Site Visit , Pre-Bid Meeting . ' . . . . . .1-7

8. Amendment of B idding Document ' . . . . ' . . . ' . ' . 1-8

C. Preparation of Bids... . . . . . . ' . . . . . . . . . . . ' 1-8

9. Cost o f B idding . . . . ' 1-8

10 . Language o f B id . ' . . . ' . . ' . ' . . . ' . ' . . . . . 1 -B

1 1. Documents Compr is ing the 8 id. . . . , . . . . . . . . . . . . . 1-9

12. Let ters of B id and Schedules . . . . . . . . . . . ' . . . . . . . . . 1-9'13. Alternative Bids .. . . 1-9

14 . B id P r i ces and D iscoun ts . . . . . . . . . . . . . . . . . . . . . . . . . 1 -10

15 . Cur renc ies o f B id and Paymen t . . . . . . . . . . . . . . . . . . . . . ' . ' . ' . . . . . . . . 1 -11

16. Documents Comprising the Technical Proposal . . . . . . . . .1-12

17. Documents Establishing the Qualif ications of the Bidder .. . . . . . . . . . . . .1-12

18. Period of Validity of Bids .. . . . . . 1-12

19. Bid Security/Bid-securing Declaration ... . .1-12

20 . Fo rma t and S ign ing o f 8 id . . . . . . . . . . . . . . . . . . , . . . . . ' l - ' 13

D. Submission and Opening of Bids .. . . . . . . . . . . . . .1'14

21 . Sea l i ng and Mark ing o f B ids . . . . . . . . . . . . . . . . . . . . 1 -14

22. Deadl ine for Submiss ion of B ids. . . . . . . . . . . . . . 1-15

23 . La te 8 ids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 -15

24. Withdrawal. Substitut ion. and Modif ication of Bids .. . . . 1-15--..Li:::l-1'*---

25. Bid Opening.... . . . . , : l=_;!\: . . . . . . . . 1-15

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Bidding Document for NCB/PNHRP/N-50/Package-4 Procurement of Works Two-Envelope

1 a Section 1 - Instructions to Bidders

E. Evaluatlon and Comparison of Bids .. . . . . . . . . . . . . . . . ' . . . . . . . . . . . .1-17

26. Confidential i ty .. . . .1-17

27. Clar i f icat ion of 8 ids. . . . . . . . . . . . . . . .1-18

28. Deviat ions, Reservat ions, and Omiss ions . . . . . . . . . . . . . . . . . . .1-18

29. Examinat ion of Technica l B ids . . . . . . . . . . . . . . . . . '1-1 8

30 . Respons iveness o f Techn ica l B ids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 -18

31 . Nonmater ia l Nonconformi t ies . . . . . . . . . . . . . . . . . . . 1-1 9

32. Qualif ication of the Bidders. , . . '1-19

33. Correct ion of Ar i thmet ica l Errors . . . . . . . . . . . . . . .1-19

34. Convers ion to Single Currency. . . . . . . . . . . . . . . . .1-20

35. Marg in of Preference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1-20

36. Evaluat ion of Pr ice Bids. . . . . . . . . . . . . . . . . . . . . . . . . . 1-20

37. Compar ison of 8 ids. . . . . . . . . . . . . . . .1-21

38. Employer's Right to Accept Any Bid, and to Reject Any or All Bids .. . . . . . . . . . . . . . . . .1-21

F. Award of Contract ..,1'21

39. Award Criteria .. . . .1-21

40. Notif ication of Award ... . . . . . . . . . . .1-21

41 . S ign ing o f Con t rac t . . . , . . . . . . . . . . . . 1 -22

42 . Pe r fo rmance Secur i t v . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . ' 1 ' 22

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Single-Stage: Two-Envelope Procurement of Works Bidding Document /N-50/Package-4


1. Scope of Bid

2. Source of Funds 2 .1

Fraud andCorruption

1 . 1

l /

2.2

J . l3.

Section 1 - Instructions to BiddersA. General

In connection with the Invitation for Bids (lFB) indicated in the Bid DataSheet (BDS), the Employer, as indicated in the BDS, issues thisBidding Document for the procurement of Works as specified inSection 6 (Employer's Requirements). The name, identification, andnumber of contracts of the international competitive bidding (lCB) areorovided in the BDS.

Throughout this Bidding Document,

(a) the term "in writing" means communicated in written form anddelivered against receipt;

(b) except where the context requires otherwise, words indicating thesingular also include the plural and words indicating the plural alsoinclude the singular; and

(c) "day" means calendar day.

The Borrower or Recipient (hereinafter called "Borrower") indicated inthe BDS has applied for or received financing (hereinafter called"funds") from the Asian Development Bank (hereinafter called .ADB')

toward the cost of the project named in the BDS. The Borrower intendsto apply a portion of the funds to eligible payments under thecontract(s) for which this Bidding Document is issued.

Payments by the ADB will be made only at the request of the Borrowerand upon approval by ADB in accordance with the terms andconditions of the Financing Agreement between the Borrower and ADB(hereinafter cal led "Financing Agreement"), and wil l be subject in al lrespects to the terms and conditions of that Financing Agreement. Noparty other than the Borrower shall derive any rights from theFinancing Agreement or have any claim to the funds.

ADB's Anticorruption Policy requires Borrowers ( including beneficiariesof ADB-financed activity), as well as Bidders, Suppliers, andContractors under ADB-financed contracts, observe the higheststandard of ethics during the procurement and execution of suchcontracts. In pursuance of this policy, ADB

(a) defines, for the purposes of this provision, the terms set forthbelow as follows:

(i) "corrupt practice" means the offering, giving, receiving, orsoliciting, directly or indirectly, anything of value to influenceimproperly the actions of another party;

( i i) "fraudulent practice" means any act or omission, including amisrepresentation, that knowingly or recklessly misleads, orattempts to mislead, a party to obtain a financial or otherbenefit or to avoid an obl

Bidding Document for NCB/PNHRP/N-50/Package-4 Procurement of

i.:i.)

Two-Envelope

Section 1 - Instruct ions to Bidders

( i i i ) "coercive practice" means impairing or harming, orthreatening to impair or harm, directly or indirectly, anyparty or the property of the party to influence improperly theactions of a party;

(iv) "collusive practice" means an arrangement between two ormore parties designed to achieve an improper purpose,including influencing improperly the actions of anotherparty;

(v) "obstructive practice" means (a) deliberately destroying,falsifying, altering, or concealing of evidence material to anADB investigation; (b) making false statements toinvestigators in order to materially impede an ADBinvestigation; (c) failing to comply with requests to provideinformation, documents or records in connection with anOffice of Anticorruption and Integrity (OAl) investigation; (d)threatening, harassing, or intimidating any party to preventit from disclosing its knowledge of matters relevant to theinvestigation or from pursuing the investigation; or (e)material ly impeding ADB's contractual r ights of audit oraccess to information; and

(vi) " integrity violation" is any act which violates ADB'sAnticorruption Policy, including (i) to (v) above and thefol lowing: abuse, confl ict of interest, violations of ADBsanctions, retal iat ion against whist leblowers or witnesses,and other violations of ADB's Anticorruption Policy,including fai lure to adhere to the highest ethical standard.

will reject a proposal for award if it determines that the Bidderrecommended for award has, directly or through an agent,engaged in corrupt, fraudulent, collusive, coercive, or obstructivepractices or other integrity violations in competing for the Contract;

will cancel the portion of the financing allocated to a contract if itdetermines at any time that representatives of the Borrower or of abeneficiary of ADB-financing engaged in corrupt, fraudulent,collusive, coercive, or obstructive practices or other integrityviolations during the procurement or the execution of that contract,without the Borrower having taken timely and appropriate actionsatisfactory to ADB to remedy the situation;

wil l impose remedial actions on a f irm or an individual, at any t ime,in accordance with ADB's Anticorruption Policy and IntegrityPrinciples and Guidelines (both as amended from time to t ime),including declaring inel igible, either indefinitely or for a statedperiod of t ime, to part icipate' in ADB{inanced, administered, orsupported activities or to benefit from an ADB-financed,administered, or supported contract, financially or otherwise, if it atany t ime determines that the f irm or individual has, directly orthrough an agent, engaged in corrupt, fraudulent, col lusive,coercive, or obstructive practices or other integrity violations; and

Whether as a Contractor, Nominated Subcontractor, Consultant, Manufacturer or Supplier, or Service Provider; or in any othercapacity (different names are used depending on the particular Bidding Document). A Nominated Subcontractor is one that eitherhas been: (i) included by the Bidder in its prequalification application or bid because it critical experience andknow-how that are accounted for in the evaluation of the bidder's prequalificationEmployer.

(b)

(c)

(d )

Single-Stage: Two-Envelope Procurement of Works ackage-4


3 .2

4 . 1

(e) will have the right to require that a provision be included in biddingdocuments and in contracts financed by ADB, requiring Bidders,suppliers and contractors to permit ADB or its representative toinspect their accounts and records and other documents relating tothe bid submission and contract performance and to have themaudited by auditors appointed by ADB.

Furthermore, Bidders shall be aware of the provision stated inSubclause 1.1 5 and '1 5.6 of the Condit ions of Contract.

A Bidder may be a natural person, private entity, or government-ownedenterprise subject to ITB 4.5-or any combination of them with aformal intent to enter into an agreement or under an existingagreement in the form of a Joint Venture. In the case of a JointVenture,

(a) all partners shall be jointly and severally liable; and

(b) the Joint Venture shall nominate a Representative who shall havethe authority to conduct all business for and on behalf of any andall the part ies of the Joint Venture during the bidding process and,in the event the Joint Venture is awarded the Contract, duringcontract execution.

A Bidder, and all parties constituting the Bidder, shall have thenationality of an eligible country, in accordance with Section 5 (EligibleCountries). A Bidder shall be deemed to have the nationality of acountry if the Bidder is a citizen or is constituted, or incorporated, andoperates in conformity with the provisions of the laws of that country.This criterion shall also apply to the determination of the nationality ofproposed subcontractors or suppliers for any part of the Contractincluding related services.

A Bidder shall not have a confl ict of interest. Al l Bidders found to havea confl ict of interest shall be disquali f ied. A Bidder may be consideredto be in a conflict of interest with one or more parties in the biddingprocess if any of, including but not l imited to, the fol lowing apply:

(a) they have control l ing shareholders in common; or

(b) they receive or have received any direct or indirect subsidy fromany of them; or

(c) they have the same legal representative for purposes of this bid; or

(d) they have a relationship with each other, directly or throughcommon third parties, that puts them in a position to have accessto material information about or improperly influence the bid ofanother Bidder, or influence the decisions of the Employerregarding this bidding process; or

(e) a Bidder participates in more than one bid in this bidding process,either individually or as a partner in a joint venture, except foralternative offers permitted under ITB 13 of the Bidding Document.This wil l result in the disquali f ication of al l Bids in which it isinvolved. However, subject to any finding of a conflict of interest interms of 4.3(a)-(d) above, this does not limit the participation of aBidder as a Subcontractor in another Bid or of a f irm as aSubcontractor in more than one B

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4. El igible Bidders

4.2

4 .3

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Bidding Document for NCB/PNHRP/N-50/Package-4 Procurement of : Two-Envelope


4.4

(0 a Bidder or any affiliated entity, participated as a Consultant in thepreparation of the design or technical specifications of the worksthat are the subject of the Bid; or

(g) a Bidder was affiliated with a firm or entity that has been hired (oris proposed to be hired) by the Employer or Borrower as Engineerfor the contract.

A firm shall not be eligible to participate in any procurement activitiesunder an ADB-financed, administered, or supported project whileunder temporary suspension or debarment by ADB pursuant to itsAnticorruption Policy (see ITB 3), whether such debarment was directlyimposed by ADB, or enforced by ADB pursuant to the Agreement forMutual Enforcement of Debarment Decisions. A bid from a temporarysuspended or debarred firm will be rejected

Government-owned enterprises in the Employer's country shall beeligible only i f they can establish that they (i) are legally and f inancial lyautonomous, ( i i) operate under commercial law, and (i i i ) are not adependent agency of the Employer.

4.6 Bidders shall provide such evidence of their continued el igibi l i tysatisfactory to the Employer, as the Employer shall reasonablyrequest.

Firms shall be excluded if by an act of compliance with a decision ofthe United Nations Security Council taken under Chapter Vll of theCharter of the United Nations, the Borrower's country prohibits anyimport of goods or contracting of works or services from that countryor any payments to persons or entities in that country.

In case a prequalification process has been conducted prior to thebidding process, this bidding is open only to prequali f ied Bidders.

The materials, equipment, and services to be supplied under theContract shall have their origin in eligible source countries as definedin ITB 4.2 above and al l expenditures under the Contract wil l be l imitedto such materials, equipment, and services. At the Employer's request,Bidders may be required to provide evidence of the origin of materials,equipment, and services.

For purposes of ITB 5.1 above, "origin" means the place where thematerials and equipment are mined, grown, produced, ormanufactured, and from which the services are provided. Materials andequipment are produced when, through manufacturing, processing, orsubstantial or major assembling of components, a commerciallyrecognized product results that differs substantially in its basiccharacteristics or in purpose or utility from its components.

4 . 5

4 .7

4 . 8

q 15. El igible Mater ials,Equipment andServices

5 .2

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Single-Stage: Two-Envelope Procurement of Works Bidding Document P/N-50/Package-4

Section 1 - Insiructions to Bidders

6. Sections ofBidding Document

7. Clarification ofBiddingDocument, SiteVisit, Pre-BidMeeting

B. Contents of Bidding Document

6.1 The Bidding Document consist of Parts l , l l , and l l l , which include al lthe sections indicated below, and should be read in conjunction withany addenda issued in accordance with ITB B.

PART I Bidding ProceduresSection 1 - Instructions to Bidders (lTB)Section 2 - Bid Data Sheet (BDS)Section 3 - Evaluation and Qualification Criteria (EOC)Section 4 - Bidding Forms (BDF)Section 5 - El igible Countries (ELC)

PART ll RequirementsSection 6 - Employer's Requirements (ERQ)

PART lll Conditions of Gontract and Contract FormsSection 7 - General Conditions of Contract (GCC)Section B - Particular Conditions of Contract (PCC)Section 9 - Contract Forms (COF)

6.2 The Invitat ion for Bids ( lFB) issued by the Employer is not part of theBidding Document.

6.3 The Employer is not responsible for the completeness of the BiddingDocument and their addenda, i f they were not obtained directly fromthe source stated by the Employer in the lFB.

6.4 The Bidder is expected to examine all instructions, forms, terms, andspecifications in the Bidding Document. Failure to furnish allinformation or documentation required by the Bidding Document mayresult in the rejection of the bid.

7.1 A prospective Bidder requiring any clarification on the BiddingDocument shall contact the Employer in writing at the Employer'saddress indicated in the BDS or raise his inquiries during the pre-bidmeeting if provided for in accordance with ITB 7.4. The Employer willrespond in writing to any request for clarification, provided that suchrequest is received no later than 21 days prior to the deadline forsubmission of bids. The Employer shall forward copies of its responseto all Bidders who have acquired the Bidding Document in accordancewith ITB 6.3, including a descript ion of the inquiry but withoutidentifying its source. Should the Employer deem it necessary toamend the Bidding Document as a result of a request for clarification, itshall do so fol lowing the procedure under ITB B and ITB 22.2,

7.2 The Bidder is advised to visit and examine the Site of Works and itssurroundings and obtain for i tself on i ts own responsibi l i ty al linformation that may be necessary for preparing the Bid and enteringinto a contract for construction of the Works. The costs of visiting theSite shall be at the Bidder's own expense.

7.3 The Bidder and any of i ts personnel or agents wil l be grantedpermission by the Employer to enter its premises and lands for thepurpose of such visit, but only upon the express condition that the

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Bidding Document for NCB/PNHRP/N-50/Package-4 Procurement of Two-Envelope

1-8 Section 1 - Instructions to Bidders

7.4

Bidder, its personnel, and agents will release and indemnify theEmployer and its personnel and agents from and against al l l iabi l i ty inrespect thereof, and will be responsible for death or personal injury,loss of or damage to property, and any other loss, damage, costs, andexpenses incurred as a result of the inspection.

The Bidder's designated representative is invited to attend a pre-bidmeeting, if provided for in the BDS. The purpose of the meeting will beto clarify issues and to answer questions on any matter that may beralsed at that stage.

The Bidder is requested to submit any questions in writing, to reach theEmployer not later than 1 week before the meeting.

Minutes of the pre-bid meeting, including the text of the questionsraised, without identifying the source, and the responses given,together with any responses prepared after the meeting, will betransmitted promptly to all Bidders who have acquired the BiddingDocument in accordance with ITB 6.3. Any modification to the BiddingDocument that may become necessary as a result of the pre-bidmeeting shall be made by the Employer exclusively through the issueof an addendum pursuant to ITB 8 and not through the minutes of thepre-bid meeting.

Nonattendance at the pre-bid meeting will not be a cause fordisqualification of a Bidder.

At any time prior to the deadline for submission of Bids, the Employermay amend the Bidding Document by issuing addenda.

Any addendum issued shall be part of the Bidding Document and shallbe communicated in writ ing to al l who have obtained the BiddingDocument from the Employer in accordance with ITB 6.3.

To give prospective Bidders reasonable time in which to take anaddendum into account in preparing their Bids, the Employer may, ati ts discretion, extend the deadline for the submission of Bids, pursuantto ITB 22.2

7 . 5

7 .6

7 .7

8 . 1

6 . 2

8. Amendment ofBidding Document

9. Cost of Bidding

10. Language of Bid

C. Preparation of Bids

9.1 The Bidder shall bear all costs associated with the preparation andsubmission of its Bid, and the Employer shall in no case be responsibleor liable for those costs, regardless of the conduct or outcome of thebidding process.

10.1 The Bid, as well as al l correspondence and documents relating to thebid exchanged by the Bidder and the Employer, shall be written in thelanguage specif ied in the BDS. Supporting documents and printedliterature that are part of the Bid may be in another language providedthey are accompanied by an accurate translation of the relevantpassages in the language specified in the B case, forpurposes of interpretation of the Bid, such tra

to)Single-Stage: Two-Envelope Procurement of Works ackage-4

Section 1 - lnstruct ions to Bidders

11. DocumentsComprising theBid

12. Letters of Bid andSchedules

13. Alternat ive Bids

11.1 The Bid shall comprise two envelopes submitted simultaneously, onecalled the Technical Bid containing the documents listed in ITB 11.2and the other the Price Bid containing the documents listed in ITB11.3, both envelopes enclosed together in an outer single envelope.

11.2 The Technical Bid shall comprise the following:

(a) Letter of Technical Bid;

(b) Bid Security or Bid-Securing Declaration, in accordance with ITB19 ;

(c) alternative Bids, if permissible, in accordance with ITB 13;

(d) written confirmation authorizing the signatory of the Bid to committhe Bidder, in accordance with ITB 20.2;

(e) documentary evidence in accordance with ITB 17, establishing theBidder's qualifications to perform the contract;

(f) Technical Proposal in accordance with ITB 16;

(g) Any other document required in the BDS.

11.3 The Price Bid shall comprise the fol lowing:

(a) Letter of Price Bid;

(b) completed Price Schedules, in accordance with ITB 12 and ITB 14;

(c) alternative price Bids, at Bidder's option and if permissible, inaccordance with ITB 13;

(d) Any other document required in the BDS.

11.4 ln addit ion to the requirements under ITB 11.2, Bids submitted by aJoint Venture shall include a copy of the Joint Venture Agreemententered into by all partners. Alternatively, a Letter of Intent to executea Joint Venture Agreement in the event of a successful Bid shall besigned by all partners and submitted with the Bid, together with a copyof the proposed agreement.

12.1 The Letters of Technical Bid and Price Bid, and the Schedules,including the Bil l of Quantit ies, shall be prepared using the relevantforms furnished in Section 4 (Bidding Forms). The forms must becompleted without any alterations to the text, and no substitutes shallbe accepted. All blank spaces shall be filled in with the informationrequested and as required in the BDS.

13.1 Unless othenrvise indicated in the BDS, alternative Bids shall not beconsidered.

13.2 When alternative times for completion are explicitly invited, a statementto that effect will be included in the BDS, as will the method ofevaluating different times for completion.

13.3 Except as provided under ITB 13.4 below, Bidders wishing to offertechnical alternatives to the requirements of the Bidding Documentmust first price the Employer's design as described in the BiddingDocument and shall further necessary lor a


ilea)Two-Envelope

1 - 1 0 Section 1 - Instructions to Bidders

14. Bid Prices andDiscounts

complete evaluation of the alternative by the Employer, includingdrawings, design calculations, technical specifications, breakdown ofprices, and proposed construction methodology and other relevantdetails. Only the technical alternatives, if any, of the lowest evaluatedBidder conforming to the basic technical requirements shall beconsidered by the Employer.

13.4 When specif ied in the BDS, Bidders are permitted to submit alternativetechnical solutions for specified parts of the Works. Such parts will beidentified in the BDS and described in Section 6 (Employer'sRequirements). The method for their evaluation will be stipulated inSection 3 (Evaluation and Qualification Criteria).

14.1 The prices and discounts quoted by the Bidder in the Letter of PriceBid and in the Bill of Quantities shall conform to the requirementsspecified below.

14.2 The Bidder shall fill in rates and prices for all items of the Worksdescribed in the Bill of Quantities. ltems against which no rate or priceis entered by the Bidder will not be paid for by the Employer whenexecuted and shall be deemed covered by the rates for other itemsand prices in the Bill of Quantities.

14.3 The price to be quoted in the Letter of Price Bid, in accordance withITB 12.1, shall be the total price of the Bid, excluding any discountsoffered. Absence of the total bid price in the Letter of Price Bid mayresult in the rejection of the Bid.

14.4 The Bidder shall quote any discounts and the methodology for theirapplication in the Letter of Price Bid, in accordance with ITB 12.1.

14.5 Unless othenvise provided in the BDS and the Contract, the rates andprices quoted by the Bidder are subject to adjustment during theperformance of the Contract in accordance with the provisions of theConditions of Contract. In such a case, the Bidder shall furnish theindexes and weightings for the price adjustment formulas in the Tablesof Adjustment Data included in Section 4 (Bidding Forms) and theEmployer may require the Bidder to justify its proposed indexes andweightings.

14.6 l f so indicated in ITB 1.1, bids are being invited for individual contractsor for any combination of contracts (packages). Bidders wishing tooffer any price reduction for the award of more than one Contract shallspecify in their bid the price reductions applicable to each package, oralternatively, to individual Contracts within the package. Pricereductions or discounts shall be submitted in accordance with ITB14.4, provided the Bids for all contracts are submitted and opened atthe same time.

14.7 All duties, taxes, and other levies payable by the Contractor undertheContract, or for any other cause, as of the date 28 days prior to thedeadl ine for submission of bids, shal l be includedj tes andprices and the total Bid Price submitted by the

Single-Stage: Two-Envelope Procurement of Works Bidding Document for ackage-4


15. Currencies of Bidand Payment

15.1 The unit rates and the prices shall be quoted by the Bidder entirely inthe currency specified in the BDS.

15.2 Bidders shall indicate the portion of the bid price that corresponds toexpenditures incurred in the currency of the Employer's country in theSchedule of Payment Currencies included in Section 4 (BiddingForms).

15.3 Bidders expecting to incur expenditures in other currencies for inputsto the Works supplied from outside the Employer's country and wishingto be paid accordingly may indicate up to three foreign currencies inthe Schedule of Payment Currencies included in Section 4 (BiddingForms).

15.4 The rates of exchange to be used by the Bidder for currencyconversion during bid preparation shall be the selling rates for similartransactions prevailing on the date 28 days prior to the deadline forsubmission of bids published by the source specified in the BDS. lfexchange rates are not so published for certain currencies, the Biddershall state the rates used and the source. Bidders should note that forthe purpose of payments, the exchange rates confirmed by the sourcespecified in the BDS as the selling rates prevailing 28 days prior to thedeadline for submission of Bids shall apply for the duration of theContract so that no currency exchange risk is borne by the Bidder.

15.5 Foreign currency requirements indicated by the Bidders in theSchedule of Payment Currencies shall include but not limited to thespecific requirements for

(a) expatriate staff and labor employed directly on the Works;

(b) social, insurance, medical and other charges relating to suchexpatriate staff and labor, and foreign travel expenses;

(c) imported materials, both temporary and permanent, including fuels,oil and lubricants required for the Works;

(d) depreciation and usage of imported Plant and Contractor'sEquipment, including spare parts, required for the Works;

(e) foreign insurance and freight charges for imported materials, Plantand Contractor's Equipment, including spare parts; and

(0 overhead expenses, fees, profit, and financial charges arisingoutside the Employer's country in connection with the Works,

15.6 Bidders may be required by the Employer to clarify their foreigncurrency requirements, and to substantiate that the amounts includedin the unit rates and prices and shown in the Schedule of PaymentCurrencies are reasonable and responsive to ITB 15.3 above, in whichcase a detailed breakdown of its foreign currency requirements shallbe provided by the Bidder.

15.7 Bidders should note that during the progress of the Works, the foreigncurrency requirements of the outstanding balance of the Contract Pricemay be adjusted by agreement between the Employer and the


,i:t!PYs!:le-Stage; Two-Envelope

1-12 Section 1 - Instructions to Bidders

DocumentsComprising theTechnicalProposal

DocumentsEstablishing theQualifications ofthe Bidder

Period of Validityof Bids

19. Bid Security/Bid-SecuringDeclaration

16 .

1 7 .

Contractor in order to reflect any changes in foreign currencyrequirements for the Contract, in accordance with Subclause 14.15 ofthe Conditions of Contract. Any such adjustment shall be effected bycomparing the percentages quoted in the bid with the amounts alreadyused in the Works and the Contractor's future needs for importeditems.

16.'1 The Bidder shall furnish a Technical Proposal including a statement ofwork methods, equipment, personnel, schedule, and any otherinformation as stipulated in Section 4 (Bidding Forms), in sufficientdetail to demonstrate the adequacy of the Bidders' proposal to meetthe work requirements and the completion time.

17.1 To establish its qualifications to perform the Contract in accordancewith Section 3 (Evaluation and Qualification Criteria) the Bidder shallprovide the information requested in the corresponding informationsheets included in Section 4 (Bidding Forms).

17.2 Domestic Bidders, individually or in joint ventures, applying foreligibility for domestic preference shall supply all information requiredto satisfy the criteria for eligibility as described in ITB 35.

18.1 Bids shall remain valid forthe period specif ied in the BDS afterthe bidsubmission deadline date prescribed by the Employer. A bid valid for ashorter period shall be rejected by the Employer as nonresponsive.

18.2 ln exceptional circumstances, prior to the expiration of the bid validityperiod, the Employer may request Bidders to extend the period ofvalidity of their Bids. The request and the responses shall be made inwrit ing. l f a bid security is requested in accordancewith ITB 19, i tshallalso be extended 28 days beyond the deadline of the extended validityperiod. A Bidder may refuse the request without forfeiting its bidsecurity. A Bidder granting the request shall not be required orpermitted to modify its Bid.

19.1 Unless otherwise specif ied in the BDS, the Bidder shall furnish as partof its Bid, in original form, either a Bid-Securing Declaration or a bidsecurity as specified in the BDS. In the case of a bid security, theamount and currency shall be as specified in the BDS.

19.2 l f a Bid-Securing Declaration is required pursuant to ITB 19.1, i t shalluse the form included in Section a (Bidding Forms). The Employer wil ldeclare a Bidder ineligible to be awarded a Contract for a specifiedperiod of time, as indicated in the BDS, if the Bid-Securing Declarationis executed.

19.3 l f a bid security is specif ied pursuantto ITB 19.1, the bid security shallbe, at the Bidder's option, in any of the fol lowing forms:

(a) an uncondit ional bank guarantee,

(b) an irrevocable letter of credit, or

(c) a cashier's or certified check,

18 .

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Yi:i,jSingle-Stage: Two-Envelope Procurement of Works


all from a reputable source from an eligible country as described inSection 5 (Eligible Countries). In the case of a bank guarantee, the bidsecurity shall be submitted either using the Bid Security Form includedin Section 4 (Bidding Forms) or another form acceptable to theEmployer. The form must include the complete name of the Bidder.The bid security shall be valid for 28 days beyond the original validityperiod of the bid, or beyond any period of extension if requested undertTB 18 .2 .

19.4 Unless otherwise specif ied in the BDS, any Bid not accompanied by asubsiantial ly compliant bid security or Bid-Securing Declaration, i f oneis required in accordance with ITB'19.1, shall be rejected by theEmployer as nonresponsive.

19.5 l f a bid security is specif ied pursuant to ITB 19.'1, the bid security ofunsuccessful Bidders shall be returned as promptly as possible uponthe successful Bidder's furnishing of the performance security pursuantto ITB 42.

19.6 lf a bid security is specified pursuant to ITB 19.1 , the bid security of thesuccessful Bidder shall be returned as promptly as possible once thesuccessful Bidder has signed the Contract and furnished the requiredperformance security.

19.7 The bid security may be forfeited or the Bid Securing Declarationexecuted,

(a) if a Bidder withdraws its bid during the period of bid validityspecified by the Bidder on the Letters of Technical Bid and PriceBid, except as provided in ITB 18.2; or

(b) if the successful Bidder fails to

(i) sign the Contract in accordance with ITB 41;

(ii) furnish a performance security in accordance with ITB 42',

(iii) accept the arithmetical correction of its Bid in accordance withITB 33; or

(iv) furnish a domestic preference security, if so required.

19.8 The Bid Security or Bid Securing Declaration of a Joint Venture shallbe in the name of the Joint Venture that submits the Bid. l f the JointVenture has not been legally constituted at the time of bidding, the bidsecurity or Bid-Securing Declaration shall be in the names of all futurepartners as named in the letter of intent mentioned in ITB 4.'l .

20.1 The Bidder shall prepare one original set of the Technical Bid and oneoriginal set of the Price Bid comprising the Bid as described in ITB 11and clearly mark i t "ORIGINAL - TECHNICAL BID' and "ORIGINAL -PRICE BlD." Alternative Bids, i f permitted in accordance with ITB 13,shall be clearly marked "ALTERNATIVE." In addit ion, the Bidder shallsubmit copies of the Technical and Price Bids, in the number specifiedin the BDS, and clearly mark each of them .COPY.' In the event of anydiscrepancy between the original andprevail .

20. Format andSigning of Bid

Bidding Document for NCB/PNHRP/N-SO/Package-4 Procurement of Works -Stage: Two-Envelope

Section 1 - lnstruct ions to Bidders

Seal ing andMarking of Bids

2 1 .

2Q.2 The original and all copies of the Bid shall be typed or written inindelible ink and shall be signed by a person duly authorized to sign onbehalf of the Bidder. This authorization shall consist of a writtenconfirmation as specified in the BDS and shall be attached to the bid.The name and position held by each person signing the authorizationmust be typed or printed below the signature. All pages of the Bid,except for unamended printed literature, shall be signed or initialed bythe person signing the Bid. l f a Bidder submits a deficientauthorization, the Bid shall not be rejected in the first instance. TheEmployer shall request the Bidder to submit an acceptableauthorization within the number of days as specified in the BDS.Failure to provide an acceptable authorization within the prescribedperiod of receiving such a request shall cause the rejection of the Bid.

20.3 Any amendments such as interl ineations, erasures, or ovenrurit ing shallbe valid only i f they are signed or init ialed by the person signing theBid.

D. Submiss ion and Opening of B ids

21.1 Bidders may always submit their Bids by mail or by hand. When sospecif ied in the BDS, Bidders shall have the option of submitt ing theirBids electronical ly. Procedures for submission, sealing, and markingare as follows:

(a) Bidders submitt ing Bids by mail or by hand shall enclose theoriginal of the Technical Bid, the original of the Price Bid, and eachcopy of the Technical Bid and each copy of the Price Bid, inseparate sealed envelopes, duly marking the envelopes as.ORIGINAL - TECHNICAL BID, ' . .ORIGINAL - PRICE BID, ' ' ANd"COPY NO.. . - TECHNICAL BID' and "COPY NO.. . . - PRICEBlD.' These envelopes, the f irst containing the originals and theothers containing copies, shall then be enclosed in one singleenvelope per set. lf permitted in accordance with ITB 13,alternative Bids shall be similarly sealed, marked and included inthe sets. The rest of the procedure shall be in accordance with ITB21.2 and ITB 21.5.

(b) Bidders submitt ing Bids electronical ly shall fol low the electronic bidsubmission procedures specif ied in the BDS.

21.2 The inner and outer envelooes shall

(a) bear the name and address of the Bidder;

(b) be addressed to the Employer in accordance with BDS 22.1; and

(c) bear the specific identification of this bidding process indicated inthe BDS 1 .1

21.3 The outer envelopes and the inner envelopes containing the TechnicalBid shall bear a warning not to open before the time and date for theopening of Technical Bid, in accordance with ITB 25.1.

21.4 The inner envelopes containing the Price Bid shal l bear a warning notto open until advised by the Employer in accordance W.|$JI=B+357

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$ingle-Stage: Two-Envelope Procurement of Works Bidding Document


22. Deadline forSubmission ofBids

23. Late Bids

24. Withdrawal,Substitut ion, andModification ofBids

25. Bid Opening

21.5 lf all envelopes are not sealed and marked as required, the Employerwill assume no responsibility for the misplacement or prematureopening of the Bid.

22.1 Bids must be received by the Employer at the address and no laterthan the date and time indicated in the BDS.

22.2 The Employer may, at its discretion, extend the deadline for thesubmission of Bids by amending the Bidding Document in accordancewith ITB B, in which case all rights and obligations of the Employer andBidders previously subject to the deadline shall thereafter be subject tothe deadline as extended.

23.1 The Employer shall not consider any Bid that arrives after the deadlinefor submission of bids, in accordance with ITB 22. Any bid received bythe Employer after the deadline for submission of Bids shall bedeclared late, rejected, and returned unopened to the Bidder.

24.1 A Bidder may withdraw, substitute, or modify its Bid - Technical orPrice - after it has been submitted by sending a written notice, dulysigned by an authorized representative, and shall include a copy of theauthorization in accordance with ITB 20.2, (except that withdrawalnotices do not require copies). The corresponding substitution ormodification of the Bid must accompany the respective written notice.All notices must be

(a) prepared and submitted in accordance with ITB 20 and ITB 21(except that withdrawal notices do not require copies), and inaddition, the respective envelopes shall be clearly marked.WITHDRAWAL," "SU BSTITUTION,' ' "MODI FICATION"; ANd

(b) received by the Employer no later than the deadline prescribed forsubmission of Bids, in accordance with ITB 22.

24.2 Bids requested to be withdrawn in accordance with ITB 24.1 shall bereturned unopened to the Bidders.

24.3 No Bid may be withdrawn, substituted, or modified in the intervalbetween the deadline for submission of Bids and the expiration of theperiod of bid validity specified by the Bidder on the Letters of TechnicalBid and Price Bid or any extension thereof.

25.1 The Employer shall open the Technical Bids in public at the address,on the date and time specified in the BDS in the presence of Bidders'designated representatives and anyone who chooses to attend. Anyspecific electronic bid opening procedures required if electronic biddingis permitted in accordance with ITB 21.'1, shall be as specif ied in theBDS. The Price Bids wil l remain unopened and wil l be held in custodyof the Employer unti l the specif ied t ime of their opening. l f theTechnical Bid and the Price Bid are submitted together in oneenvelope, the Employer may reject the entire Bid. Alternatively, thePrice Bid may be immediately resealed for later evaluation.

Bidding Document for NCB/PNHRP/N-50/Package-4

1 - 1 6 Section 1 - Instructions to Bidders

25.2 First, envelopes marked .WITHDRAWAL" shall be opened and readout and the envelope with the corresponding Bid shall not be opened,but returned to the Bidder. No bid withdrawal shall be permitted unlessthe corresponding withdrawal notice contains a valid authorization torequest the withdrawal and is read out at bid opening.

25.3 Second, outer envelopes marked 'SUBSTITUTION' shall be opened.The inner envelopes containing the Substitut ion Technical Bid and/orSubstitution Price Bid shall be exchanged for the correspondingenvelopes being substituted, which are to be returned to the Bidderunopened. Only the Substitut ion Technical Bid, i f any, shall be opened,read out, and recorded. Substitut ion Price Bid wil l remain unopened inaccordance with ITB 25,1. No envelope shall be substituted unless thecorresponding substitution notice contains a valid authorization torequest the substitution and is read out and recorded at bid opening.

25.4 Next, outer envelopes marked "MODIFICATION' shall be opened. NoTechnical Bid and/or Price Bid shall be modified unless thecorresponding modification notice contains a valid authorization torequest the modification and is read out and recorded at the opening ofTechnical Bids. Only the Technical Bids, both Original as well asModification, are to be opened, read out, and recorded at the opening.Price Bids, both Original as well as Modification, will remain unopenedin accordance with ITB 25.1.

25.5 All other envelopes holding the Technical Bids shall be opened one ata time, and the following read out and recorded;

(a) the name of the Bidder;

(b) whether there is a modification or substitution;

(c) the presence of a bid security or Bid-Securing Declaration, ifrequired; and

(d) any other detai ls as the Employer may consider appropriate.

Only Technical Bids and alternative Technical Bids read out andrecorded at bid opening shall be considered for evaluation. Unlessotherwise specified in the BDS, all pages of the Letter of Technical Bidare to be initialed by at least three representatives of the Employerattending bid opening. No Bid shall be rejected at the opening ofTechnical Bids except for late bids, in accordance with ITB 23.1.

25.6 The Employer shall prepare a record of the opening of Technical Bidsthat shall include, as a minimum, the name of the Bidder and whetherthere is a withdrawal, substitution, or modification, alternativeproposals; and the presence or absence of a bid security or Bid-Securing Declaration, if one was required. The Bidders'representatives who are present shall be requested to sign the record.The omission of a Bidder's signature on the record shall not invalidatethe contents and effect of the record. A copy of the record shall bedistributed to all Bidders who submitted Bids on time. and postedonline when electronic bidding is permitted.

Single-Stage: Two-Envelope Procurement of Works ackage-4


25.7 At the end of the evaluation of the Technical Bids, the Employer willinvite bidders who have submitted substantially responsive TechnicalBids and who have been determined as being qualified for award toattend the opening of the Price Bids. The date, time, and location ofthe opening of Price Bids will be advised in writing by the Employer.Bidders shall be given reasonable notice of the opening of Price Bids.

25.8 The Employer will notify Bidders in writing who have been rejected onthe grounds of their Technical Bids being substantially nonresponsiveto the requirements of the Bidding Document and return their PriceBids unopened.

25.9 The Employer shall conduct the opening of Price Bids of all Bidderswho submitted substantially responsive Technical Bids, in thepresence of Bidders' representatives who choose to attend at theaddress, on the date, and time specified by the Employer. The Bidder'srepresentatives who are present shall be requested to sign a registerevidencing their attendance.

25.'10All envelopes containing Price Bids shall be opened one at a t ime andthe following read out and recorded:

(a) the name of the Bidder;

(b) whether there is a modification or substitution;

(c) the Bid Prices, including any discounts and alternative offers, and

(d) any other details as the Employer may consider appropriate.

Only Price Bids discounts, and alternative offers read out andrecorded during the opening of Price Bids shall be considered forevaluation. Unless othenvise specified in the BDS, all pages of theLetter of Price Bid and Bill of Quantities are to be initialed by at leastthree representatives of the Employer attending bid opening. No Bidshall be rejected at the opening of Price Bids.

25.11The Employer shall prepare a record of the opening of Price Bids thatshall include, as a minimum, the name of the Bidder, the Bid Price (perlot if applicable), any discounts, and alternative offers. The Bidders'representatives who are present shall be requested to sign the record.The omission of a Bidder's signature on the record shall not invalidatethe contents and effect of the record. A copy of the record shall bedistributed to all Bidders who submitted Bids on time, and postedonline when electronic bidding is permitted.

E. Evaluation and Comparison of Bids

26.1 Information relating to the examination, evaluation, comparison, andpost qualification of Bids and recommendation of contract award, shallnot be disclosed to Bidders or any other persons not officiallyconcerned with such process until information on the Contract award iscommunicated to all Bidders.

26.2 Any attempt by a Bidder to influence the Employer in the evaluation ofthe Bids or Contract award decisions mav result in the reiection of itsBid. ?!i::::

26. Confidentiality

Bidding Document for NCB/PNHRP/N-50/Package-4 Procurement of Works

/;'.,naie,'i'--

-Stage: Two-Envelope

1 - 1 8 Section 1 - lnstructions to Bidders

27. Glarification ofBids

28. Deviations,Reservations, andOmissions

29. Examinat ionof Technical Bids

30. Responsivenessof Technical Bids

26.3 Notwithstanding ITB 26.2, from the time of bid opening to the time ofContract award, if any Bidder wishes to contact the Employer on anymatter related to the bidding process, it may do so in writing.

27.1 To assist in the examination, evaluation, and comparison of theTechnical and Price Bids, the Employer may, at i ts discretion, ask anyBidder for a clarification of its Bid. Any clarification submitted by aBidder that is not in response to a request by the Employer shall not beconsidered. The Employer's request for clarification and the responseshall be in writ ing, No change in the substance of the Technical Bid orprices in the Price Bid shall be sought, offered, or permitted, except toconfirm the correction of arithmetic errors discovered by the Employerin the evaluation of the Price Bids, in accordance with ITB 33.

27 .2 lf a Bidder does not provide clarifications of its Bid by the date and timeset in the Employer's request for clarification, its Bid may be rejected.

28.1 During the evaluation of Bids, the following definitions apply:

(a) "Deviation" is a departure from the requirements specified in theBidding Document;

(b) "Reservation" is the setting of limiting conditions or withholdingfrom complete acceptance of the requirements specified in theBidding Document, and

(c) "Omission" is the fai lure to submit part or al l of the information ordocumentation required in the Bidding Document.

29.'1 The Employer shall examine the Technical Bid to confirm that al ldocuments and technical documentation requested in ITB 11.2 havebeen provided, and to determine the completeness of each documentsubmitted.

29.2 The Employer shall confirm that the following documents andinformation have been provided in the Technical Bid. lf any of thesedocuments or information is missing, the offer shall be rejected.

(a) Letter of Technical Bid;

(b) written confirmation of authorization to commit the Bidder;

(c) Bid Security or Bid-Securing Declaration, if applicable; and

(d) Technical Proposal in accordance with ITB 16.

30.1 The Employer's determination of a Bid's responsiveness is to be basedon the contents of the bid itself, as defined in lTB11.

30.2 A substantially responsive Technical Bid is one that meets therequirements of the Bidding Document without material deviation,reservation, or omission. A material deviation, reservation, or omissionis one that,

(a) i f accepted, would:

( i ) affect in anv substantial wav the qual i ty, oroerformance of the Works s

Single-Stage: Two-Envelope Procurement of Works

' o r

Section 1 - Instructions to Bidders r ' t Y

31 . NonmaterialNonconformities

32. Qualification ofthe Bidders

33. Correction ofArithmeticalErrors

(ii) limit in any substantial way, inconsistent with the BiddingDocument, the Employer's rights or the Bidder's obligationsunder the proposed Contract; or

(b) if rectified, would unfairly affect the competitive position of otherBidders presenting substantially responsive Bids.

30.3 The Employer shall examine the technical aspects of the Bid submittedin accordance with ITB 16, Technical Proposal, in particular, to confirmthat all requirements of Section 6 (Employer's Requirements) havebeen met without any material deviation, reservation, or reservation.

30.4 lf a Bid is not substantially responsive to the requirements of theBidding Document, it shall be rejected by the Employer and may notsubsequently be made responsive by correction of the materialdeviation, reservation, or omission.

31.1 Provided that a Bid is substantial ly responsive, the Employer maywaive any nonconformities in the Bid that do not constitute a materialdeviation, reservation, or omission.

31.2 Provided that a Technical Bid is substantially responsive, the Employermay request that the Bidder submit the necessary information ordocumentation, within a reasonable period of time, to rectifynonmaterial nonconformities in the Technical Bid related todocumentation requirements. Requesting information ordocumentation on such nonconformities shall not be related to anyaspect of the Price Bid. Failure of the Bidder to comply with the requestmay result in the rejection of its Bid.

31.3 Provided that a Technical Bid is substantially responsive, the Employershall rectify quantifiable nonmaterial nonconformities related to the BidPrice. To this effect, the Bid Price shall be adjusted, for comparisonpurposes only, to reflect the price of a missing or non-conforming itemor component. The adjustment shall be made using the methodindicated in Section 3 (Evaluation and Qualif ication Criteria).

32.1 The Employer shall determine to iis satisfaction during the evaluationof Technical Bids whether Bidders meet the qualifying criteria specifiedin Section 3 (Evaluation and Qualif ication Criteria).

32.2 The determination shall be based upon an examination of thedocumentary evidence of the Bidder's qualifications submitted by theBidder, pursuant to ITB '17.1.

32.3 An affirmative determination shall be a prerequisite for the opening andevaluation of a Bidder's Price Bid. A negative determination shall resultinto the disqualification of the Bid, in which event the Employer shallreturn the unopened Price Bid to the Bidder.

33.1 During the evaluation of Pdce Bids, the Employer shall correctarithmetical errors on the followinq basis:

(a) lf there is a discrepancy between the unit price and the total pricethat is obtained by mult iplying the unit price and quantity, the unitprice shall prevail and the total,.F,ff#Jl.be corrected, unless in

tY-: ' -1 * ' t ,

Bidding Document for NCB/PNHRP/N-50/Package-4 Procurement of -Stage: Two-Envelope

1-20 Section 1 - Instruct ions to Bidders

the opinion of the Employer there is an obvious misplacement ofthe decimal point in the unit price, in which case the total price asquoted shall govern and the unit price shall be corrected.

lf there is an error in a total corresponding to the addition orsubtraction of subtotals, the subtotals shall prevail and the totalshall be corrected.

lf there is a discrepancy between the bid price in the Summary ofBill of Quantities and the bid amount in item (c) of the Letter ofPrice Bid, the bid price in the Summary of Bill of Quantities willprevail and the bid amount in item (c) of the Letter of Price Bid willbe corrected.

lf there is a discrepancy between words and figures, the amount inwords shall prevail, unless the amount expressed in words isrelated to an arithmetic error, in which case the amount in figuresshall prevail subject to (a), (b) and (c) above.

33.2 lf the Bidder that submitted the lowest evaluated bid does not acceptthe correction of errors, its Bid shall be disqualified and its bid securitymay be forfeited or its Bid-Securing Declaration executed.

34.1 For evaluation and comparison purposes, the currency(ies) of the Bidshall be converted into a single currency as specified in the BDS.

35.1 Unless otherwise specif ied in the BDS, a margin of preference shallnot apply.

36.1 The Employer shall use the criteria and methodologies listed in thisClause. No other evaluation criteria or methodologies shall bepermitted.

36.2 To evaluate the Price Bid, the Employer shall consider the following:

(a) the bid price, excluding Provisional Sums and the provision, if any,for contingencies in the Summary Bil l of Quantit ies, but includingDaywork items, where priced competitively;

price adjustment for correction of arithmetic errors in accordancewi th ITB 33.1;

price adjustment due to discounts offered in accordance with ITB14.4',

converting the amount resulting from applying (a) to (c) above, ifrelevant, to a single currency in accordance with ITB 34;

adjustment for nonconformit ies in accordance with ITB 31.3; and

application of all the evaluation factors indicated in Section 3(Evaluation and Qualif ication Criteria).

36.3 The estimated effect of the price adjustment provisions of theConditions of Contract, applied over the period of execution of theContract, shall not be taken into account in bid evaluali

(b)

(c)

(d )

Gonversion toSingle Currency

Margin ofPreference

Evaluation ofPrice Bids

34.

35.

36.

(b)

(c)

(d )

(e)

(0

Single-Stage: Two-Envelope Procurement of Works Bidding Document for

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36.4 lf this Bidding Document allows Bidders to quote separate prices fordifferent contracts, and the award to a single Bidder of multiplecontracts, the methodology to determine the lowest evaluated price ofthe contract combinations, including any discounts offered in the Letterof Price Bid, is specified in Section 3 (Evaluation and QualificationCriteria).

36.5 l f the Bid, which results in the lowest Evaluated Bid Price, is seriouslyunbalanced or front loaded in the opinion of the Employer, theEmployer may require the Bidder to produce detai led price analysesfor any or al l i tems of the Bil l of Quantit ies, to demonstrate the internalconsistency of those prices with the construction methods andschedule proposed. After evaluation of the price analyses, taking intoconsideration the schedule of estimated Contract payments, theEmployer may require that the amount of the performance security beincreased at the expense of the Bidder to a level sufficient to protectthe Employer against financial loss in the event of default of thesuccessful Bidder under the Contract.

37.1 The Employer shall compare all substantially responsive Bids todetermine the lowest evaluated Bid, in accordance with ITB 36.2.

38.1 The Employer reserves the right to accept or reject any Bid, and toannul the bidding process and reject all Bids at any time prior tocontract award, without thereby incurring any liability to Bidders. Incase of annulment, all Bids submitted and specifically, bid securities,shall be promptly returned to the Bidders.

F. Award of Contract39.1 The Employer shall award the Contract to the Bidder whose offer has

been determined to be the lowest evaluated Bid and is substantiallyresponsive to the Bidding Document, provided further that the Bidder isdetermined to be qualified to perform the Contract satisfactorily.

40.1 Prior to the expiration of the period of bid validity, the Employer shallnotify the successful Bidder, in writing, that its Bid has been accepted.

40.2 At the same time, the Employer shall also notify all other Bidders of theresults of the bidding. The Employer wil l publish in an Englishlanguage newspaper or well-known freely accessible website theresults identifying the bid and lot numbers and the followinginformation: (i) name of each Bidder who submitted a Bid; (ii) bid pricesas read out at bid opening; (iii) name and evaluated prices of each Bidthat was evaluated; (iv) name of bidders whose bids were rejected andthe reasons for their rejection; and (v) name of the winning Bidder, andthe price it offered, as well as the duration and summary scope of thecontract awarded. After publication of the award, unsuccessful Biddersmay request in writing to the Employer for a debriefing seekingexplanations on the grounds on which their Bids were not selected.The Employer shall promptly respond in writing to any unsuccessfulBidder who, after publication of contract award, requests a debriefing.

40.3 Until a formal contract is prepared andaward shatlconstitute a binding Contract.

executed, the notification of

37.

38.

Comparison ofBids

Employer's Rightto Accept Any Bid,and to Reject Anyor All Bids

39. Award Criteria

40. Notification ofAward

Bidding Document for NCB/PNHRP/N-50/Package-4 Procurement of Works : Two-Envelope


41. S ign ing o fContract

42. PerformanceSecurity

41.1 Promptly after notification, the Employer shall send the successfulBidder the Contract Agreement.

41.2 Within 28 days of receipt of the Contract Agreement, the successfulBidder shall sign, date, and return it to the Employer.

42.1 Within 28 days of the receipt of notification of award from theEmployer, the successful Bidder shall furnish the performance securityin accordance with the conditions of contract, subject to ITB 36.5,using for that purpose the Performance Security Form included inSection 9 (Contract Forms), or another form acceptable to theEmployer.

42.2 Failure of the successful Bidder to submit the above-mentionedPerformance Security or to sign the Contract Agreement shallconstitute sufficient grounds for the annulment of the award andforfeiture of the bid security or execution of the Bid-SecuringDeclaration. In that event the Employer may award the Contract to thenext lowest evaluated Bidder whose offer is substantially responsiveand is determined by the Employer to be qualified to perform theContract satisfactorily.

42.3 The above provision shall also apply to the furnishing of a domesticpreference security if so required.

Single-Stage: Two-Envelope Procurement of Works Bidding Document for NCB/PNHRP/N-50/Package-4

Section 2 - Bid Data Sheet

Section2 - Bid Data SheetThis Section consists of provisions that areinformation or requirements included in Section 1

A.

specific to each procurement and supplement the- lnstructions to Bidders.

General

tTB 1.1 The number of the lnvitation for Bids is : NGB/PNHRP/N-S0/Package-4

tTB 1.1 The Employer is: National Highway Authority

tTB 1.1 The name of the NCB is: Package4: Rehabilitation of National HighwaysDhanasar-Daraban (N-50) - Darzinda-Darban, Km 447+000-Km 457+680(10.68 Km)

The identification number of the NCB is: NCB/PNHRP/N-S0/Package4

The number and identification of lots comprising this NCB is: Nil

tTB 2.1 The Borrower is: lslamic Republic of Pakistan.

tTB 2.1 The name of the Project is: Post-Flood National Highways RehabilitationProject.

B. Contents of Bidding Documents

For clarification purposes only, the Employer's address is:

Attention: General Manager (P&CA)

Street Address: National Highway Authority, 2?-Mauve Area,

Floor/Room number: 2nd Floor, Room No.223

City lslamabad

ZIP Code: 44000

Country: Pakistan

Telephone: 00-92-51 -9032727

Facsimile number: 00-92-51 -926041 I

Electronic mail address: qmpca. nha@gmail. com

Bidding Document for NCB/PNHRP/N-50/Package-4 Procurement of Works Single-Stage: Two-Envelope


Preparation of Bids

lTB7.4 | A Pre-Bid meeting shall take place.

Date: Thursday 1zth October 2017

Time: 1100 Hours

Place: NHA Auditorium, NHA Headquarters2no Floor, Room No. 20728-Mauve Area, Sector'. G-911lslamabad, Pakistan

A site visit conducted by the Employer will not be organized.

trB 10.1 The language of the Bid is: English

ITB 11.2 (s) The Bidder shall submit with its Technical Bid the following additional documents:Not Appl icable

rTB 11.3 (d) The Bidder shall submit with its Price Bid the following additional documents:

Not Applicable

tTB 12.1 The units and rates in figures entered into the Bill of Quantities should betypewritten or if written by hand, must be in print form. Bill of Quantities notpresented accordingly may be considered nonresponsive.

trB 13.1 Alternative bids shall not be oermitted.

trB 13.2 Alternative times for completion shall not be permitted.

ITB 13.4 Not Applicable.

tTB 14.5 The prices quoted by the bidder shall be adjustable.

tTB 15.1 The unit rates and the prices shall be quoted by the Bidder entirely in "PakistanRuoees".

tTB 15.4 The rates of exchange shall be the selling rates 28 days prior to the deadline forsubmission of bids published by: State Bank of Pakistan.

xfi4i--\

irxPtil'-'])...ry1-ii

Single-Stage: Two-Envelope Procurement of Works Bidding


tTB 18.1 The bid val idi ty per iod shal l be one hundred and eighty (180) days.

rTB 19.1A bid securing declaration shall not be required.

A Bid Security of amount Pak. Rs. 13 Mitlion is required. |n case of encashmentof bid security, it shall be payable in the same currency in which it was submittedl

rTB 19.2 Not Appl icable

tTB 19.3 The bid security in the form of unconditional bank guarantee shall be issued by ascheduled bank of Pakistan or a reputable foreign bank, using the Form includedin Section 4 (Bidding Forms), in favour of the Employer OR in the form of acashier's or certified check (Call Deposit / Payorder) in favour of'the Employer.Bid security in the form of SWIFT message is not acceptable,

ITB 19.4 Any bid not accompanied by an irrevocable and callable bid security shall berejected by the Employer as nonresponsive. However, if a bidder submits a bidsecurity that deviates in form, amount, and/or period of validity, the Employershall request the Bidder to submit a compliant bid security in original within Seven(07) days of receiving such a request which will be sent through email. Failure toprovide a compliant bid security within the prescribed period of receiving such arequest shall cause the rejection of the Bid.

ITB 20.1 In addit ion to the original Bid, the number of copies is: Two (02)

tTB 20.2The written confirmation of authorization to sign on behalf of the Bidder shallconsisf of a board resolution or its equivalent, or power of attorney, which shouldeither be:

a) notarized, or

b) attested to by an appropriate authority in the Bidder's home country,specifying the representative's authority to sign the bid on behalf of thebidder.

lf the bidder is an intended or existing joint venture, such authorization should besigned by all parties and specify the representative's authority to sign the bid onbehalf of the intended or existing joint venture.

lf the joint venture has not yet been formed, also include written evidence from allproposed members of joint venture of their intent to enter into a joint venture inthe event of a contract award.

tTB 20.2 The Bidder shall submit an acceptable authorization in originalwithin seven (07)days of receiving such a request which will be sent through email.

Bid(Iing Document for NCB/PNHRP/N-50/Package-4 Procurement of Works f:f''10,2 Single-Stage: Two-Enve

ff{'-'::!!},,;:.,r,,

[)%'#lope


D. Submission and Opening of Bids

E. Evaluation and Comparison of Bids

tTB 21.1 Bidders do not have the opt ion of submitt ing their bids electronical ly.

rTB 21.1 (b) l f Bidders shal l have the opt ion of submitt ing their Bids electronical ly, theelectronic bidding submission procedures shal l be: Not Appl icable.

tTB 22.1 For bid submission purposes only, the Employer's address is:

Attention: General Manager (P&CA)

Street Address: National Highway Authority, 28-Mauve Area, Sector: G-9/1

Floor/Room number: 2nd Floor, Room No. 223

City: lslamabad

ZIP Code: 44000

Country: Pakistan.

The deadline for bid submission is:

Date: Tuesday 31"1 October 2017

Time: 1{00 Hours

ITB 25.1 The opening of the Technical Bid shall take place at:

NHA Auditorium, NHA Headquarters

Street Address. 28-Mauve Area, Sector: G-9/1

Floor/Room number: 2nd Floor, Room No. 207

City: lslamabad

Country: Pakistan

Date: Tuesday 31't October 2017

Time: 1130 Hours

ITB 25.1 Electronic bid opening procedure is Not Applicable.

ITB 25.5 The Letter of Technical Bid shall be initialed by at least three (03) representativesof the Employer attending Bid opening.

tTB 25.10 The Letter of Price Bid and Bill of Quantities shall be initialed by at least three (03)representatives of the Employer attending Bid opening.

ITB 34.1 The currency that shall be used for bid evaluation and comparison purposes toconvert al l bid prices expressed in various currencies into a single currency is.PKR

ITB 35.1 A margin of preference shall not apply.

/+./O/ \i \WXv)i;

Single-Stage: Two-Envelope ProcurementofWorks [email protected]/Package-4

Section 3 - Evaluation and Quali f icat ion Criteria

Section 3 - Evaluation and Qualification Criteria- Without Prequalif ication -

This Section contains all the criteria that the Employer shall use to evaluate bids and qualify Bidders. Inaccordance with ITB 32 and ITB 36, no other methods, criteria and factors shall be used. The Biddershall provide all the information requested in the forms included in Section 4 (Bidding Forms).

1.1 .11 .2t . J

1 . 41 . 51 . 6

Table of Criteria

Evaluat ion. . . . . . . . . . . . . . . . . . . . . . . . . . . . .3-2Adequacy of Technical Proposal . . . . . . . .3-2Comp le t i on T ime . . . . . . . . . . . . . . . . ' . . . ' . " . . . . . . . . . 3 -2Technical Alternatives ..-. ' .3-2Quantif iable Nonconformit ies and Ommissions ... .3-2Domestic Preference . ' . ' .-3-2Mul t ip le Contracts . . . . . . . . . ' . ' 3-3

Qual i f icat ion . . . . . . . . . .

2 .1 .1 Na t iona l i t y . ' . ' . ' . ' . . . . . 3 -32.1.2 Conf l ic t o i In terest . . . ' . ' . ' . . . ' . . . . . ' . . 3-32 .1 .3 ADB E l i g ib i l i t y . . . . . . . . . ' . . . ' . . . . . 3 -32.1.4 Government-Owned Ent i ty . . . . . . . . . . . . . . . . . . ' . ' . .3-32.1.5 Uni ted Nat ions El ig ib i l i ty . . . . . . . " 3-32.1.6 Regis t rat ion wi th Pakis tan Engineer ing Counci l (PEC) . . . . . . . . . . . . . . ' . . . .3-3

Pending Lit igation and Arbitrat ion.... . . . . . . . . . . . . . . . . .3-42.2.1 Pending Lit igation and Arbitrat ion.... . . . . . . . . . . ' . . . . . . . . . ' . ' . . . . . . .3-4

Financial Situation ... . . . ." 3-52.3.1 His tor ica l F inancia l Per formance. . . . . . . . . . . . . . . . . . . . . ' . . . . . . . . ' . . . ' 3-52.3.2 Average Annual Construction Turnover .. . . .3-52.3.3 Financial Resources ... . . ' . . . . . . . . . .3-6

Construction Experience ... . . . . . . . . . . . . . ' . . . . . . . ' . . . . ' . . . ' . ' 3-72.4.1 Contracts of Similar Size and Nature .. . . . . . .3-B2.4.2 Construction Experience in Key Activit ies .. . . . . . . . . . . . ' . . . ' 3-9

2.2.1

2.2

2.3

Bidding Document for NCB/PNHRP/N-50/Package-4 Procurement of Single-Stage: Two-Envelope


1.

1 . 1

EvaluationIn addition to the criteria listed in ITB 36.2 (a) - (e), other relevant factors are as follows:

Adequacy of Technical Proposal

Evaluat ion of the Bidder 's Technical Proposal wi l l include an assessment of the Bidder 'stechnical capacity to mobilize key equipment and personnel for the contract consistent withi ts proposal regarding work methods, schedul ing, and mater ial sourcing in suff ic ient detai land ful ly in accordance with the requirements st ipulated in Sect ion 6 (Employe/sRequirements).

Non-compliance with equipment and personnel requirements descr ibed in Sect ion 6(Employe/s Requirements) shal l not normal ly be a ground for bid reject ion and such non-compliance will be subject to clarification during bid evaluation and rectification prior tocontract award.

Completion Time

An alternative Completion Time, if permitted under ITB 13.2, will be evaluated as follows:

Not Applicable.

Technical Alternatives

Technical alternatives , if permitted under ITB 13.4, will be evaluated as follows:

Not Applicable.

Quantif iable Nonconformit ies and Omissions

Subject to ITB 14.2 and ITB 36.2, the evaluated cost of quantif iable nonconformit ies includingomissions, is determined as fol lows:

"Pursuant to ITB 31.3, the cost of al l quantif iable nonmaterial nonconformit ies shall beevaluated, including omissions in Daywork where competit ively priced but excluding omissionof prices in the Bill of Quantities. The Employer will make its own assessment of the cost ofany nonmaterial nonconformities and omissions for the purpose of ensuring fair comparisonof Bids."

Domestic Preference

lf a margin of preference is provided for under ITB 35.1, the following procedure shall apply:Not Applicable.

1 .2

1 .3

1 . 4

1 . 5

1.6 Mult iple Contracts

Not Applicable.


)z/P N H RP/N-50/Package-4


2. Qualif ication

I t is the legal ent i ty or ent i t ies comprising the Bidder, and not the Bidder 's parent companies,subsidiaries, or affil iates, that must satisfy the qualification criteria described below.

2.1 El ig ib i l i ty

J . J

Requirement

2.1.1 Nat ional i ty

Nationality in accordance withITB Subclause 4.2.

must meetrequirement



noIappl icable

Forms

E L I - 1 ; E L I - 2

with attachments

2.1.2 Conf l ict of lnterest

No conflicts of interest inaccordance with ITB Subclause4 . 3 .


must meelrequirement


notapplicable

Letter of TechnicalB id

2.1 .3 ADB E l ig ib i l i t y

Not having been declaredineligible by ADB, as describedin ITB Subclause 4.4.

must meetrequiremenl



notapplicable

Letter of TechnicalBid

2.1.4 Government-Owned Entity

Bidder required to meetcondit ions of ITB Subclause 4.5.




notapplicable

FormsE L I - 1 ; E t l - 2

with attachments

2.1.5 United Nat ions El igibi l i ty

Not having been excluded by anact of compl iance with a UNSecurity Council resolution inaccordance with ITB Subclause4.7 .




notapplicable

Letter of TechnicalBid

2.1.6 Registrat ion with Pakistan Engineering Counci l (PEC)

FormsE L I - 1 ; E L l - 2

with attachments

I Bidder must beistered with Pakistan

ng ineer ing Counc i l (PEC) andall have a valid reqistration

ificate category C-2 (orbove) with Specialization in CE-


Section 3 - Evaluation and Qualification Criteria

2.2 Pending Lit igat ionPending Li t igat ion cr i ter ion shal l apply.

2.2.1 Pending Li t igat ion and Arbi trat ion

aty1l/,;

/,,\)'

+n

must meetrequirementby itself or

as partner topast or

existing JointVenture

notapplicable

Form LIT - 1All pending l i t igat ion andarbi trat ion, i f any, shal l betreated as resolved against theBidder and so shal l in total notrepresent more than fifty percent(50%) of the Bidder's net worthcalculated as the differencebetween totalassets and totall iabi l i t ies.

must meetrequirementby itself or

as partner tob r c f n r

exist ing JointVenture

notapplicable

Single-Stage: Two-Envelope Procurement of Works Bidding Document for NCB/PNHRP/N-s0/Package-4


2.3 F inanc ia lS i tua t ion

2.3,1 Historical Financial Performance

2.3.2 Average Annual Construction Turnover

Joint VentureRequirement


notapplicable

must meetrequrrement

notapplicable

F o r m F l N - 1 w i t hattachments

Submission of audited f inancialstatements or, if not required bythe law of the Bidder's country,other financial statementsacceptable to the Emptoyer, forthe years 2014,2015,2016 orlatest to demonstrate the currentsoundness of the Bidde/sfinancial position. As aminimum, the Bidder's net worthfor the last year calculated asthe difference between totalassets and total l iabi l i t ies shouldbe oositive.

Requirement

Minimum average annualconstruction turnover ofRs.1,260 Mil l ion calculated astotal certified payments receivedfor contracts in progress orcompleted. within the last three(03)years.



must meet25% of therequirement

must meet40% of therequirement

Form FIN - 2


3-6 Section 3 - Evaluation and Quali f icat ion Criteria

2.3.3 Financial Resources

lf the bid evaluation process and the decision for the award of the Contract takes more than one (1)year from the date of bid submission, Bidders shall be asked to resubmit their current contractcommitments and latest information on financial resources supported by latest audited accounts /audited financial statements, or if not required by the law of the Bidder's country, other financialstatements acceptable to the Employer, and the Bidders' financial capacity shall be reassessed on thisbasis.

SubmissionRequirementsRequirement

Bidder must demonstrate thathas the financial resources to

not appl icable Form FIN - 4(a) its current contractcommitments, as def ined inFIN-4 (Total FinancialReouirements for CurrentContract Commitments), plus

F o r m F l N - 3 a n dForm FIN - 4

(b) the requirements for theSubject Contract of Rs. 160Mi l l ion.


Section 3 - Evaluation and Qualification Criteria

2.4 Construct ionExperience

2.4.1 Contracts of Simi lar Size and Nature

Joint VentureRequirement

I E;t i ty

Form EXP - 1notapplicable

noIappl icable

musl meelrequirement

Participation in at least onecontract that has beensuccessfully or substantiallycompleted within the last seven(07) years and that is similar tothe proposed works, where thevalue of the Bidder'sparticipation exceeds Rs. 500Mil l ion. The similari ty of theBidder's participation shall bebased on the physical size,nature of works, complexity,methods, technology or othercharacteristics as described inSection 6, Employer'sRequirements.

must meetrequiremenl


3-8 Section 3 - Evaluation and Quali f icat ion Criteria

2.4.2 Construction Experience in Key Activities(May be complied with by Specialist Subcontractors. Employer shall require evidence of subcontracting agreementfrom the Bidder. Specialist Subcontractor is a specialist enterprise engaged for highly specialized processes whichcannot be provided by the main Contractor.)


Section 4 - Bidding Forms

Section 4 - Bidding Forms- Without Prequalif ication -

This Section cqntains the forms to be completed bv the Bidder and subJnitted as part of its Bid:while also keeoino in view its caoabilitv in accordance with the Qualification. Criteria set underSection 3 - Evaluation and Qualification Criteria.

Table of FormsLetter of Technical 8id... . . . . . . . . . . . . . . . . . . . .4-2

Letter of Price Bid .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .44

Bid-secur ing Declarat ion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ' . . ' .4 '7

Technical Proposal . . . . . . . . ' 4-8Personne l . . . . . . . . . . . . . . . . . . . . 4 -9

Form PER - 1 : P roposed Personne1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 -9Form PER - 2 : Resume of Proposed Personnel . , . . . . . . . . . . . . . . . . . . . . . . . .4-10

Equ ipmen t , . . . . . . . . . . . . . . . . 4 -11S i te Organ iza t i on . . . . . . . . . . . . . . . . . . . . . . . . . 4 -12Method Statement... . .4-12Mobi l izat ion Schedule . . . . . . . . . . . . . . . . . .4-12Construct ion Schedule. . . . . . . . . . . . . . . . .4-12Documents indicating Financial Resources.. . .4'12Let ters of Award etc . , . . . . . . . . . . . . . . . . . . .4-14lpcs e tc . . . . . . . . . . . . . . . . . . . . 4_15Qual i ty Contro l Methods . . . . , . . . . . . . . .4-16Traf f ic Sfety Management Plan . . . . . . . . . . . . . . . . . . . . . .4-17Envi ronmenta l Safety Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4-18Coloured Photographs . . . . . . . . . . . . . . . . . 4- '19

Bidders Qual i f icat ion. . . . . . . . . . . . . . . .4-20Form EL I - 1 : B idde /s In fo rma t ion Shee t . . . . . . . . , . . . . . . . , . . . . . . . . . . 4 -21Form ELI - 2 : Jo int Venture ln format ion Sheet . . . . . . . . . . . . . . . . . . .4-22Form LIT - 1: Pendino Litioation and Arbitration 4-23Form FIN - 1 : His tor ica l F inancia l Per formance . . . . . . . . . . . . . . . . .4-24Form FIN - 2: Average Annual Construction Turnover... . . . .4-25Form FIN * 3 : Avai lab i l i ty o f F inancia l Resources. . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . .4-26Form FIN - 4 : F inancia l Requi rements for Current Contract Commitments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4-27Form FIN - 5 : Compl iance Check of F inancia l Resources . . . . . . . . . . . . . . . . . . .4-28Form EXP - 1 : Contracts of S imi lar S ize and Nature. . . . . . . . . . . . , . . . . . . . . . . . . . . .4-29Form EXP * 2: Construction Experience in Key Activit ies... . . . . . . . . . . . . . . . . . . 4-30

Schedule of Payment Currencies . . . . . . . . . . . . . . . . . . .4-31Tables of Adjustment Data

;#'*f;i.... "......."..4-32

Bill of Quantities+a)



Letter of Technical Bid

The bidder nusf accomplish the Leffer of Technlcal 9id on ifs letferhead clearly showing the bidder's conplete name

and address.

Date:

NCB No. :

lnvitat ion for Bid No.:

N CB/PN H RP/N-50/Pakage4

NC B/PN H RP/N-50/Package4

To:

General Manager (P&CA),National Highway Authority.

We, the undersigned, declare that:

We have examined and have no reservat ions to the Bidding Documents, including Addendaissued in accordance with Instructions to Bidders (lTB) B.

We offer to execute in conformity with the Bidding Documents the following Works:

Package-4: Rehabi l i tat ion of Nat ional Highways Dhanasar-Daraban (N-50)Darzinda-Darban, Km 447+000-Km 457+680 (10.68 Km)

Our Bid consisting of the Technical Bid and the Price Bid shall be valid for a period of 180 daysfrom the date fixed for the bid submission deadline in accordance with the Bidding Documents,and it shall remain binding upon us and may be accepted at any time before the expiration ofthat period;

Our firm, including any Subcontractors or Suppliers for any part of the Contract havenationalities from eligible countries in accordance with ITB 4.2.

We, including any Subcontractors or Suppliers for any part of the contract, do not have anyconflict of interest in accordance with ITB 4.3.

We are not part ic ipat ing, as a Bidder in more than one Bid in this bidding process inaccordance with ITB 4.3(e), other than alternative offers submitted in accordance with ITB '13.

Our firm, its affil iates or subsidiaries, including any Subcontractors or Suppliers for any part ofthe contract, has not been declared ineligible by ADB, under the Employelggqgntry laws orofficial regulations or by an act of compliance with a decision of the U2ff${$1o,qts1$ecurityr e v r v J q r I q v r

Council. i ' ; ,t --*--.,-;"

fia"{i; i

(a)

(b )

(c)

(d)

(e)

(0

(g)

Single-Stage: Two-Envelope Procurement of Works Bidding Document

Section 4 - Bidding Forms A 1

[We are not a government-owned enterprise] / [We are a government-owned enterprise butmeet the requirements of ITB 4.51.'

We agree to permit ADB or its representative to inspect our accounts and records and otherdocuments relating to the bid submission and to have them audited by auditors appointed byADB.

lf our Bid is accepted, we commit to mobil izing key equipment and personnel in accordancewith the requirements set forth in Section 6 (Employer's Requirements) and our technicalproposal, or as otherwise agreed with the Employer.

In the capac i ty o f . . . . . . . . . .

Signed

Duly au thor ized to s ign the B id fo r and on beha l f o f . . . . . . . . . . . . . .

D a t e . .

Use one of the two options as appropriate

(h )

( i )

(i)

Bidding Document for NCB/PNHRP/N-5O/Package-4 Procurement of Works Single-Stage: Two-Envelope


Letter of Price Bid

The bidder must acconplish fhe Leffer of Price Bid on its lefferhead clearly showing the bidders conplefe name and

address.

Date : . . . . . . . . .

NCB No.: NCB/PNHRP/N-50/Pakage-4

Invitat ion for Bid No.: NCB/PNHRP/N-50/Package-4

To:

General Manager (P&CA),National Hig hway Authority.


(a) We have examined and have no reservat ions to the Bidding Documents, including Addendaissued in accordance with lnstruct ions to Bidders ( lTB) 8.

(b) We offer to execute in conformity with the Bidding Documents and the Technical Bid submittedfor the following Works:

Package-4: Rehabilitation of National Highways Dhanasar-Daraban (N-50)Darzinda-Darban, Km 447+00O-Km 457+680 (10.68 Km)

(c) The total price of our Bid, excluding any discounts offered in item (d) below is:

famounf of foreign currency in wordsl, famounf in figuresl, and lanount of local currency in words], lanounfin figuresf

The total bid price fron fhe Sunnary of Eill of Quantities should be entered by the bidder inside fhis box.Absence of fhe fotal bid price in fhe Letter of Price Bid nay resulf in the rejecfion of the bid.

The discounts offered and the methodology for their appl icat ion are:

Our Bid shal l be val id for a period of 180 days from the date f ixed for the bid submissiondeadl ine in accordance with the Bidding Documents, and i t shal l remain binding upon us andmay be accepted at any time before the expiration of that period.

(0 lf our Bid is accepted, we commit to obtain a performance security with theBidding Documents.

(d)

(e)


{:;

-50/Package4

(g) We have paid, or will pay the following commissions, gratuities, or fees with respect to thebidding process or execut ion of the Contract. '

( i )

(i)

Name of Recipient Address Reason Amount

(h) We understand that this bid, together with your written acceptance thereof included in yournotification of award, shall constitute a binding contract between us, until a formal contract isprepared and executed.

We understand that you are not bound to accept the lowest evaluated bid or any other bid thatyou may receive.

We agree to permit ADB or its representative to inspect our accounts and records and otherdocuments relating to the bid submission and to have them audited by auditors appointed byADB.

Name

ln the capacity of

S igned

Duly au thor ized to s ign the B id fo rand on beha l f o f . . . . . . . . . . .

D a t e . . . . . . . . .

l f none has been paid or is to be paid, indicate "None"

ffi:r".'.'t 'Bidding Document for NCB/PNHRP/N-50/Package-4 Procurement of Works Single-Stage: Two-Envelope

4-6 Section 4 - Bidding Forms

Bid SecurityBank Guarantee

Bank's name, and address of issuing branch or offic/

Beneficiary i ....... Name and address of enployer

Date:...

We have been informed that name of the bidder. . . . . (hereinafter called "the Bidder") hassubmitted to you its bid dated . . . . (hereinafter called "the Bid") for the execution of Package-4:Rehabi l i tat ion of Nat ional Highways Dhanasar-Daraban (N-50) Darzinda-Darban, Km 447+000-Km457+680 (10.68 Km) under Invi tat ion for Bids No. NCB/PNHRP/N-50/Package-4 (" the lFB").

Furthermore, we understand that, according to your condit ions, bids must be supported by a bidguarantee.

At the request of the Bidder, we . nane of bank. . . . . hereby irrevocably undertake to pay you anyS u m o r s u m S n O t e x C e e d i n g i n t o t a l a n a m O u n t O f . . . . . . . a n o u n f i n f i g u r e s ( . . . . a m o u n tin words ) upon receipt by us of your first demand in writing accompanied by a written statementstat ing that the Bidder is in breach of i ts obl igat ion(s) under the bid condit ions, because the Bidder:

(a) has withdrawn its Bid during the period of bid validity specified by the Bidder in the Letter of Bid; or

(b) does not accept the correction of errors in accordance with the lnstructions to Bidders (hereinafter"the lTB"); or

(c) having been notified of the acceptance of its Bid by the Employer during the period of bid validity,(i) fails or refuses to execute the Contract Agreement, or (ii) fails or refuses to furnish theperformance security, in accordance with the lTB, or (ii i) fails or refuses to furnish a domesticpreference security, if required.

This guarantee will expire (a) if the Bidder is the successful Bidder, upon our receipt of copies of theContract Agreement signed by the Bidder and the Performance Security issued to you upon theinstruction of the Bidder; or (b) if the Bidder is not the successful Bidder, upon the earlier of (i) our receiptof a copy of your notification to the Bidder of the name of the successful Bidder, or (ii) 28 days after theexpirat ion of the Bidder 's bid.

Consequent ly, any demand for payment under this guarantee must be received by us at the off ice on orbefore that date.

This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publ icat ion No. 458.2

' All italicized text is for use in preparing this form and shall be deleted from the final document.

' or 758 as applicable.

Bank's seal and aufhorized

In case of a joinf venture, the bid security nust be in the nane of all parfners to the joint venlure fhat submifs the bid,

Single-Stage: Two-Envelope Procurement of Works Bidding Document ackage-4

Bid-Secu ri ng Declaration

DaIe: [insert dafe (as day, nonth and year)J

Bid No.: [insert nunber of bidding processJ

Alternativ :ntification No if this is a bid

To: [inserf conplete name of enployerJ


We understand that, according to yourcondit io us\de supported by a Bid-Securing Declaration.

We accept that we will automatically be s being el igible for bidding in any contract with theBorrower for the period of time of . . .1inse, f years as indicafed in ITB 19.2 of the BDSJ.. . . . starting on the

date that we receive a notification fromcondit ions, because we

, i f we are in breach of our obl igat ion(s) under the bid

(a) have withdrawn our Bid dur f bid validity specified in the Letter of Bid; or

(b) do not accept the corlTB") ; or

in accordance with the Instructions to Bidders (hereinafter "the

having been notfail or refuse to

tance of our Bid by the Employer during the period of bid val idi ty, ( i )if required; or (ii) fail or refuse to furnish the Performance

Security, inrequired.

or (iii) fail or refuse to furnish a domestic preference security, if

We understand this Bid-Securing Declaration shall expire if we are not the successful Bidder, upon theearlier of (i) our receipt of your notification to us of the name of the successful Bidder; or (ii) 28 days after theexoiration of our Bid.

Signed: [inserf signafure of person whose name and capacity are shownJ

ln the capacity of linsert legal capacify of person signing fhe 9id-Securing Declarafion)

Name: linsert conplefe nane of person signing fhe Bid-Securing Declarafionf

Duly authorized to sign the bid for and on behalf of: [insert complefe none of bidder]

Dated on day of linsert date of signingl

Corporate Seal Jwhere appropriateJ

(c)

fn case of a joinf venfure, fhe Bid-Securing Declarafion must be in the name of all partners to the joinf venfure that subnifsthe bid. ,7{ lf1--.:


4-B Section 4 - Bidding Forms

Technical Proposal

Personnel

Equipment

Site Organization

Method Statement

Mobi l izat ion Schedule

Construction Schedule

Other Documents in accordance with ITB 11.2(gl of Section 2-Bid Data Sheet, as underl

Quality Control Methods for Concrete Work.

Traffic/safety ma nagement plan.

Environment safety plan.

Colored photographs of project area (Not Mandatory)

The Bidder shall submit the following evidence (legible copies), along with its TechnicalBid, in addition to those already indicated under various Forms for Bidder'sQualification in Section 4 :

Documents indicating availability of Financial Resources shown by the bidder tomeet with the Cash Flow Requirement (refer 2.3.3 of Section 3) i.e. latest year'saudited balance sheet, bank statements within last One Month, line of credit(specific to this project) confirmed by issuing bank within last One Month, etc.

Letter of Award, Completion/Substantial completion certificate of contract (ofsimilar size and nature) from respective employer.

lPCs or other appropriate documents of completed/ substantially completedcontracts to substantiate experience in Key Activities

( i )

( i i )

( i i i )

( iv)

( i )

( i i )

( i i i )



Personnel

Form PER - 1: Proposed Personnel

Bidder should provide the details of the proposed personnel and their experience record in the relevantlnformation Forms below for each candidate:

1 . Title of position*

Name

2. Title of position*

Name


Name


Name


Name


Name

etc. Title of position*

Name

" As lisfed in Secfion 6 's Requirements).

Bidding Document for NCB/PNHRP/N-50/Package-4 Procurement of Works : Two-Envelope


Form PER - 2: Resume of Proposed Personnel

The Bidder shall orovide all the information requested below. Use one form for each position.

Summarize professional experience in reverse chronological order. Indicate particular technical andmanagerial experience relevant to the project.

Position

Personnelinformation

Name Date of birth

Professional qualifications

Presentemployment

Name of employer

Address of employer

Telephone Contact (manager / personnel officer)

Fax E-mail

Job title Years with present employer

From To Company/ProjecuPosition/Relevant Technical and ManagementExperience

z;f'.---"'

b l

/,&P' '-::'

e(v,wngle-Stage: Two-Envelope Procurement of Works


Equipment

Form EQU: Equipment

The Bidder shall provide adequate information and details to demonstrate clearly that it has the capabilityto meet the equipment requirements indicated in Section 6 (Employer's Requirements), using the Formsbelow. A separate Form shall be prepared for each item of equipment listed, or for alternative equipmentproposed by the Bidder.

owneo the Bidd

Item of Equipment

Equipmentlnformation

Name of manufacturer Model and power rating

Capacity Year of manufacture

CurrentStatus

Current location

Details of current commitments

Source Indicate source of the equipment

f] owneo E Rented E Leased E Specially manufactured

Omit the fo intormatron tor eouOwner Name of owner

Address of owner

Telephone Contact name and title

Fax Telex

Agreements Details of rental / lease / manufacture agreements specific to the project

Bidding Document for NCBIPNHRP/N-50/Package-4 Procurement of Works

Site Organization

[No.te: Evaluation of the Bidder's Site Qrganization will include an assessmenf of theBidder's capacity to mobilize key personnel for the Contract consistent with itsproposal regarding work methods, scheduling, and material sourcing in sufficientdetail and fully in accordance with the requirements stipulated in Section 6(E m ployer's Req u i re ments).1

Method Statement

Mobi l izat ion Schedule

Construction Schedule

fNote: Evaluation of the Bidder's Construction Schedule will include an assessment of theBidder's technical capacity to mobilize equipment far the Contract consistent withifs proposal regarding work methods, scheduling, and material sourcing insufficient detail and fully in accordance with the requiremenfs stipulated in Secfion6 (Employer's Requirements).

Bidders must provide their Constructionequivalent by allocating the equipmentmust be identified.l

Schedule on primavera / MS project or

and other resources, critical activities

Single-Stage: Two-Envelope Procurement of Works for NCB/PNHRP/N-50/Packaqe-4


Documents indicating availabil ity of Financial Resources shown by the bidder to

meet with the Cash Flow Requirement (refer 2.3.3 of Section 3) i.e. latest year's

audited balance sheet, bank statements within last One Month, l ine of credit

(specific to this project) confirmed by issuing bank within last One Month, etc.

4-13

i:i:.::'.*Bidding Document for NCB/PNHRP/N-50/Package-4 Procurement of Works Single-Stage: Two-Envelope


Letter of Award, Gompletion/ Substantial completion certificate of contract (ofsimilar size and nature) from respective employer


lPCs or other appropriate documents of completed I substantially completedcontracts to substantiate experience in Key Activities (as mentioned in Section 3:2.4.21



Quality Control Methods for Concrete Work.


Section 4 - Biddino Forms

Traffic / safety management plan.

Bidding Document for NCB/PNHRP/N-50/Package-4 9ingle-Stage: Two-Envelope

Sect ion 4 - Bidding Forms

Environment Safety Plan.

YSingle-Stage: Two-Envelope Procurement of Works NCB/PN H RP/N-50/Package-4


Colored photographs of project area describing work site (Not Mandatory)

Bidding Document for NCB/PNHRP/N-50/Package-4 Two-Envelope

4-2Q Section 4 - Bidding Forms

Bidders Qualif ication

To establish its qualifications to perform the contract in accordance with Section 3 (Evaluation andQualification Criteria) the Bidder shall provide the information requested in the correspondinglnformation Sheets included hereunder.

Single-Stage: Two-Envelope


Form ELI - 1: Bidder's Information Sheet

Attached are copies of the following documents.

D 1. In case of single entity, articles of incorporation or constitution of the legal entity named above, in accordance with ITB4.1 and ITB 4.2.

n 2. Authorization to represent the firm or Joint Venture named above, in accordance with ITB 20.2.

n 3. In case of Joint Venture, letter of intent to form Joint Venture or Joint Venture ag reement, in accordance with ITB 4.1 .

tr 4. In case of a government-owned enterprise, any additional documents not covered under 1 above required to comply withrTB 4 .5 .

n 5. In case of National Bidder, cert i f icate of registrat ion with Pakistan Engineering Counci l (PEC), in accordance with 2,1.6under Section 3.

Bidder's legal name

In case of Joint Venture,legal name of each partner

Bidder's country ofconstitution

Bidder's year ofconstitution

Bidder's legal address incountry of constitution

Bidder's authorizedrepresentative(name, address, telephonenumbers. fax numbers. e-mailaddress)



Form ELI - 2: Joint Venture (Partner and special ist subcontractor) Information Sheets

Each Partner of the Joint Venture and Specialist Subcontractor must fil l out this form separately.

Bidder's legal name

Joint Venture Partner's orSpecial ist Subcontractor'slegal name

Joint Venture Partner's orSpecial ist Subcontractor 'scountry of constitution

Joint Venture Partner's orSpecial ist Subcontractor 'syear of consti tut ion

Joint Venture Partner's orSpecial ist Subcontractor 'slegal address in country ofconsti tut ion

Joint Venture Partner's orSpecial ist Su bcontractor 'sauthorized representativeinformation(name, address, telephonenumbers, fax numbers, e-mailaddress)

Attached are copies of the following documents,

n 1. Articles of incorporation or constitution of the legal entity named above, in accordance with ITB 4.1 and ITB 4.2.

O 2. Authorization to represent the firm named above, in accordance with ITB 20.2.

tr 3. In the case of government-owned enterprise, documents establishing legal and financial autonomy and compliance withcommercial law, in accordance with ITB 4.5.

tr 4. ln case of National Bidder, certificate of registration with Pakistan Engineeing Council (PEC), in accordance with 2.1.6under Section 3.

Special ist Subcontractor is a special ist enterpr ise engaged for highlyprovided by the main Contractor.

that cannot be

,i


xz-50/Package-4


Form LIT - 1: Pending Li t igat ion and Arbi trat ion

Each Bidder must f i l l out this form i f so required under Cri ter ion 2.2 of Sect ion 3 (Evaluat ion andQual i f icat ion Cri ter ia) to descr ibe any pending l i t igat ion or arbi trat ion formal ly commenced against i t .

In case of jo int ventures, each Joint Venture Partner must f i l l out this form separately, and provide the JointVenture Partner name below:

Joint Venture Partner:

4-23

Choose one of the following:

tr No pending l i t igation and Arbitrat ion.

D Below is a descript ion of al l pending l i t igation and Arbitrat ion involving the Bidder (or each Joint Venture / partner i f Bidderis a Joint Venture).

Value ofPending

Cla im as aPercentage of

Net Worth


Form FIN - 1: Historical Financial Performance

Each Bidder must f i l l out this form.

ln case of joint ventures, each Joint Venture Partner must fitl out this form separately, and provide the JointVenture Partner name below:


lnformation from Balance Sheet

Y e a r 1 : Year 2: Year 3:

TotalAssets (TA)

Total Liabi l i t ies (TL)

Net Worth = TA - TL

Current Assets (CA)

Current Liabi l i t ies (CL)

Working Capital = CA - CL

Most RecentWorking Capital

To be obtained for most recent year and carried forward toFIN-3 Line 1; in case of Joint Ventures, to the correspondingJoint Venture Partnefs FIN-3

lnformation from lncome Statement

Profits Before Taxes

Profits After Taxes

n Attached are copies of f inancial statements (balance sheets including al l related notes and income statements) for the lastthree years, as indicated above, complying with the fol lowing condit ions:

o Unless otherwise required by Section 3 of the Bidding Document, al l such documents ref lect the f inancial si tuation of thelegal enti ty or enti t ies comprising the Bidder and not the Biddeis parent companies, subsidiaries, or aff i l iates.

. Historical f inancial statements must be audited by a cert i f ied accountant.

. Historical f inancial statements must be complete, including al l notes to the f inancial statements.

. Historical f inancial statements must correspond to accounting periods already completed,and audited (no statements forpart ial periods shal l be requested or accepted). Giri.i,lx

Sing le-Stage: Two-Envelope Procurement of Works>z

50/Package-4


Form FIN - 2: Average Annual Construct ion Turnover

Each Bidder must f i l l out this form.

The information suppl ied should be the Annual Construct ion Turnover of the Bidder or each Partner of aJoint Venture in terms of the amounts billed to employers for each year for work in progress orcompleted, converted to Pak Rupees (PKR) at the specified exchange rate.

In case of jo int ventures, each Joint Venture Partner must f i l l out this form separately, and provide the JointVenture Partner name below:


'\tf-.*-- .1 , )

Y "'i'

!-Vz,

Average Annual Construction Turnover

Bidding Document for NCB/PNHRP/N-50/Package-4 Procurement of Works ;"Single-Stage: Two-Envelope


Form FIN - 3: Avai labi l i ty of Financial Resources

Bidders must demonstrate sufficient financial resources, usually comprising of Working Capital supplementedby credit line statements or overdraft facilities and others to meet the Bidder's financial requirements for

(a) i ts current contract commitments, and

(b) the subject contract.

In case of joint ventures, each Joint Venture Partner must fil l out this form separately and provide the JointVenture Partner name below:


To be subsfantiafed by a letfer wifhin last one monfh fron fhe bank issuing the line of credlt, specific fo this project.

Working Capital (to be taken from FIN-1)

Other Financial Resources

Total Available Financial Resources


No. Name ofContract

Employer'sContact

(Address, Tel,Fax)

ContractCompletion

Date

OutstandingContract

Value(x)

RemainingContractPeriod in

months (Y)

Monthly Financial ResourcesRequirement

( x / Y )

1

A

Total Monthlv Financial Requirement for Current Contract CommitmentsP K R .

Section 4 - Biddinq Forms

Form FIN- 4: Financial Requirements for Current Contract Gommitments

Bidders (or each Joint Venture Partner) should provide information on their current commitmentscontracts that have been awarded, or for which a letter of intent or acceptance has been received,contracts approaching completion, but for which an unqualified, full completion certificate has yetissued.

In case of joint ventures, each Joint Venture Partner must fill out this form separately and provide the JointVenture Partner name below:


^ a a

on a l lor forto be

Bidd ing Document for NCB/PNHRP/N-50/Package-4 Procurement of Works Two-Envelope

4-28 Sect ion 4 - Bidding Forms

Form FIN - 5: Compliance Check of Financial Resources (Cri ter ion 2.3.3 of $ect ion 3)

Form FIN-58: For Joint Ventures

Form FfN - 5 is nade avarlable for use by the Eidder as a self-assessment fool, and by the Enployer as evaluafion work sheet,fo determine comp/iance with firnncial resources.

o Peguiremenf for fhe subjecf contract is defined in Criferion 2.3.3(b) of Section 3. Value A is fhe reguired percenfage offhe subjecf confracf, whtch each parfner musf meef: and value B rs the required percentage of the subject confracf, whichone partner musf meef. A and B values are defined in Criferion 2.3.3 of Section 3 (Evaluation and Qualification Criteria).

t (C - D)' sum of available financial resources nef of cutenf confracf comnifments {CCA for,g,g7.31,

Form FIN-SA: For S Entities

For Single Enti t ies:

Total Available:inancial Resources

from FIN-3(c)

Total MonthlyFinancial

Requirement forCurrent Contract

Commitments (CCC)from FIN-4

tD)

AvailableFinancial

Resources net ofccc(c-D)

i Requirementa

(Name of Bidder)

z

100% ofRequirement from

Section 3 - 2.3.3(b)

For Joint Ventures:

Total Avai lableFinancial Resources

from FIN-3(c)

Total MonthlyF inanc ia l

Requirement forCurrent Contract

Commitments(CCC) from FIN-4

(D)

AvailableF inanc ia l

Resources net ofU U U

(c-D)

z Requirementa

(Name of PartneO

B(%) ofRequirement

aA(%) of

Requirement

(Name of Partner 2)

(Name of Partner 3)

-A(%) of

Requirement

(Name of Partner 4)

A ( % ) o fRequirement

All Partners combined i r tc-olo =I

100% ofRequirement fromSection 3 - 2.3.3(b


'_'.',

50/Package-4

tr ManagementContractor

Role in Contract

Amount PKR

lf partner in a Joint Ventureor subcontractor, specifyparticipation of totalcontract amount

Percent of Total

Employer's name

Address

Telephone number

Fax number

E-mai l

fBidder to describe in accordance with the experience, as substantiated, thephysical size, nature of works, complexity, methods, technology or othercharacteristics of the contract claimed above to have been completed orsu b sta nti al ly co m p letedl

The similarity of theB id d e r's p arti c i p at i o nshall be based on thephysical size, nature ofworks, complexity,methods, technology oroth e r c h a r a cferlsfics asdescribed in Section 6,Employe/sRequirements,regarding the project forwhich in this Bid is beinqsubmitted.


Form EXP - 1: Contracts of Similar Size and Nature

Fi l l out only one (1)form forthe contract, with substant iat ing documents as per ITB 11.2(g) in the BDS,which is considered to pass this test.

4-29

Bidding Document for NCB/PNHRP/N-50/Package-4 Procurement of Works Two-Envelope

4-30

Form EXP - 2: Construction Experience in Key Activities

Fill out one (1) form per contract, if thresholds of Key Activities are met out separately under more than onecontract, with substantiat ing documents as per ITB 11.2 (g) in the BDS.


Role in Contract

Total Contract Amount

lf partner in a Joint Ventureor subcontractor, specifyparticipation of totalcontract amount

Percent of Total

Employer's name

Address

Telephone number

Fax number

E-mai l

fBidder to inserl thethresholds alongwith thedescription of the KeyActivities for the projectfor which this Bid isbeing submittedl.

[Bidder to insert in accordance with the experience, as substantiated thevalues to pass the thresholdsl

HRP/N-5OlPackage-4Single-Stage: Two-Envelope Procurement of Works

Section 4 - Bidding Forms 4-31

DPercentage of

B id Pr ice (NBP)1 00xC

cLocal Currency

EquivalentC = A x B

Foreign Currency #1

Schedules

Schedule of Payment Currencies

For Package-4: Rehabi l i tat ion of Nat ional Highways Dhanasar-Daraban (N-50) - Darzinda-Darban,Km 447+000-Km 457+680 (10.68 Km)

The rates of exchange shall be the selling rafes 28 days prior to the deadlrne for submission of bids published by the


Sect ion 4 - Bidding Forms

Tables of Adjustment Data

Tab leA-Loca l Cur rency

Note:1. Base of Specif ied Materials shall be as of actually prevail ing on the base date notif ied by the

Engineerwith the approval of the Employerafterthe award of works. As per GCC 1.1.3.1, "BaseDa{e" means the date 28 days prior to the deadline for bid submission".

2. The basic prices are meant to be ex-factory prices and inclusive of all kinds of taxes and dutiesthat can be levied at source.

Adjustment of increase / decrease shall only be admissible for the materials listed above.

Value of work done for escalat ion purpose shal l be value of permanent works (Excluding Bi l l forGeneral l tems & Provisional Sums).

A l lAmounts in Pak Rupees on lv .

A

5

Sr.No. Description Uni t Weightages Appl icable Index

1 2 4

( i ) Fixed Portion 0.50

( i i ) High Speed Diesel Litres 0.08 Pakistan State Oil

( i i i ) Labour Unski l ledDay

(Per Day)0.09

Monthly Stat ist ical Bul let in ofPakistan publ ished by FederalBureau of Statistics

( iv)

(vl

(v i )

Cement (OrdinaryPorlland cSmet

Bitumen

M. Steel Bars Grade - 40& 6 0

Total

Metric Ton

Metr ic Ton

Metr ic Ton

0.02

0.30

0.0 '1

1,000

State Cement Corporation ofPakistan, Kohat, Cherat, Lucky,

-Wgf ,f-qgtq_

ll' I'i::1! ol! flTi!:oFazal Steel ls lamabad, l t tehad Steells lamabad l t tefaq Steel Lahore.

Sing le-Stage: Two-Envelope Procurement of Works Bidding Document for NCB/PNHRP/N-50/Package-4


A.

1 .

Bill of Quantit iesPreamble

The Bill of Quantities shall be read in conjunction with the Conditions of Contract, Specificationsand Drawings.

The quantities given in the Bill of Quantities are estimated and provisional, and are given toprovide a common basis for bidding. The basis of payment will be the actual quantities of workexecuted and measured by the Contractor and verified by the Engineer and valued at the ratesand prices entered in the priced Bill of Quantities, where applicable, and othenrvise at such ratesand prices as the Engineer may fix as per the Contract.

The rates and prices entered in the priced Bill of Quantities shall, except insofar as it isotherwise provided under the Contract include all costs of Contractor's plant, labour ,supervision, materials, execution, insurance, profit, taxes and duties, together with all generalr isks, l iabi l i t ies and obligations set out or implied in the Contract. Furthermore al l duties, taxesand other levies payable by the Contractor under the Contract, or for any other cause, as onthe date 28 days prior to deadline for submission of Bids, shall be included in the rates andprices and the total Bid Price submitted by the Bidder.

A rate or price shall be entered against each item in the priced Bill of Quantities, whetherquantities are stated or not. The cost of items against which the Contractor will have failed toenter a rate or price shall be deemed to be covered by other rates and prices entered in the Billof Quantities.

The whole cost of complying with the provisions of the Contract shall be included in the itemsprovided in the priced Bill of Quantities, and where no items are provided, the cost shall bedeemed to be distributed among the rates and prices entered for the related items of the Works.

General directions and description of work and materials are not necessarily repeated norsummarised in the Bill of Quantities. References to the relevant sections of the BiddingDocuments shall be made before entering prices against each item in the priced Bill ofQuantit ies.

Provisional sums included and so designated in the Bil l of Quantit ies shall be expended inwhole or in part at the direction and discretion of the Engineer and the Employer in accordancewith Conditions of Contract.

Work ltems

The Bil l of Quantit ies contains the fol lowing Bil ls:

1 Earthwork2 Road Works (Subase and Base Courses)3 Surfacing4a Structures (Culverts and Retaining Walls)5 Drainage and Erosion ControlWorks6 Ancillary Works7(A) General ltems7(B) Provisional Sums

Bidders shal l Pr ice the Bi l l of Quant i t ies in Pakistani Rupees only

2.

?

4 .

5 .

6 .

7 .

B.

1 .

Bidding Document for NCB/PNHRP/N-50/Package-4 Procurement of Works Stage: Two-Envelope

Section 4 - Biddino Forms 4-34

Package-4: Rehabil itation of National Highways Dhanasar-Daraban (N-50)

Lot 1: Darzinda-Darbanl Km 447+000-Km 457+680 (10.68 Km)

BILL OF QUANTITIES

SUMMARY OF BILLS

(Rupees

Sr.No.

DESCRIPTIONAMOUNT

(RS.)

4 BILLNO. 1 :EARTHWORK

2 BILL NO. 2 : ROADWORKS (Subase and Base Courses)

3 BILL NO. 3 : SURFACING

4 BILL NO.44: STRUCTURES (Culverts and Retaining Walls)

6 BILL NO. 5 : DRAINAGE AND EROSION CONTROL WORKS

7 BILL NO. 6 : ANCILLARY WORKS

8 BILL NO.7(A) : GENERAL ITEMS

I BILL NO. 7(B) : PROVISIONAL SUMS

Total

Single-Stage : Two-Envelope Procurement of Works NC B/PN H R P/N-50/Packaoe-4


Package-4: Rehabilitation of National Highways Dhanasar-Daraban (N-50)Lot 1: Darzinda-Darban. Km 447+000-Km 457+680 {10.68 Km)

BILL OF QUANTITIESB I L L N O . { : E A R T H W O R K

ItemNo.

Description Unit QuantityRate {Rs. in

FiquresIRATE (Rs. in Words)

Amount(Rs.)

1 0 1 Clearing and Grubbing mt 62,907

102a Removal of Trees, 150-300 mm Girth (Rate Only) Each 28

102b Removal of Trees, 301-600 mm Girth (Rate Only) Each 28

1O2c Removal of Trees, >600 mm Girth (Rate Only) Each 28

104 Compaction of Natural Ground mt 62,907

106b(i i )Excavate Unsuitable Med ium Material m' 118

10Bb(i i)Formation of Embankment from Roadway Excavation inMedium Material m' 1,060

108cFormation of Embankment from Borrow Excavation inCommon Material m' 126,932

109a Subgrade Preparation in Earth Cut m' 2,278

109b Subgrade Preparation in Existing Road without any Fill mt 23,673

SP_8 Boulders / Rockfill in pound Area ,fi"f)t't ' ';

ti+;\-./,, .: m' 701

1fW )'| TOTAL OF BILL NO. 1 : EARTHWORK

,b4t

Procurement of Works NCB/PN HRP/N-50/Package-4


Package4: Rehabilitation of National Highways Dhanasar-Daraban (N-50)Lot 1: Darzinda-Darban. Km 447+000-Km 457+680 (10.68 Km)

BILL OF QUANTITIES

BILL NO.2 : ROADWORKS (Subase and Base Courses)

ItemNo. Description Unit Quantity

Rate (Rs. in

FioureslRATE (Rs. in Words)

Amount{Rs.)

201 Granular Subbase m' 41.7

203a Asphaltic Concrete Base Course (in Two Layers) (Class APlant Mix) m' 12,003

206b Water Bound Macadam Base with Course m" 22.257

209a Breaking of Existing Road Pavement Structure m' oq

209b Scarification of Existrnq Road Pavement m' 7,447

TOTAL OF BILL NO.2 : ROADWORKS (Subase and Base Courses)-1:a:::_--

Single-Stage : Two-Envelope Procurement of Works N C BiPNHRP/N-50/Package-4


BILL NO. 03 SURFACING

4-37

Package-4: Rehabilitation of National Highways Dhanasar-Daraban (N-50)Lot 1: Darzinda-Darban. Km 447+000-Km 457+680 (10.68 Kml

BILL OF QUANTITIES

ItemNo.


Fiqures)RATE (Rs. in Words)

Amount(Rs.)

302a Cut Back Bitumen Prime Coat m' 85,736

303a Cut Back Bitumen Tack Coat m' 1 7 1 , 4 7 1

305b Asphaltic Concrete Wearing Course (Class "8") m ' 4,287

304c Triple Surface Treatment m' 58,723

TOTAL OF BILL NO. 03 SURFACING

ffi'Single-Stage : Two-Envelope Procurement of Works NCB/PN H RP/N-50/Packaae4


Package4: Rehabilitation of National Highways Dhanasar-Daraban (N-50)Lot 't: Darz inda-Darban. Km 447+000-Km 457+680 {10.68 Km)

BILL OF QUANTITIESBILL NO.4A: STRUCTURES (Culverts and Retaining Walls)


Rate (Rs. in

Fiqures)RATE {Rs. in Words)

Amount(Rs.)

107a Structural Excavation in Common Material m' 6,548

107d Granular Backfill m ' 1 4

1 O 7 a Common Backfill m' 1,897

Concrete Class 42

401a-2-i (a) Underground m' 1 1

4O1a-2-ii (b) On Ground mt 1 1

401a-2-ii i(c) Elevated m' 1B

Concrete Class Al

401a-1- i(a) Underground m' 9B

40'1a-1-ii i(c) Elevated m' qo

401f Lean Concrete t t l 720

a01si(1)Precast Concrete Class "A-1" m' r f;r*

f(v.;*'{t',)+,t',r#'

;:i::.:, :-.f,-

Single-Stage : Two-Envelope Procurement of Works N CB/PN H RP/N-50/Package4



BILL OF QUANTITIESBILL NO.44: STRUCTURES (Culverts and Retaining Walls)

ItemNo.


Fisures)RATE (Rs. in Words)

Amount

{Rs.)

404b Reinforcement as per AASHTO M31 Grade 60 Tonn 54

404b Reinforcement as per AASHTO M31 Grade 60 (Dowel Bars) Tonn a

404c Steel Expansion Joints Kg. 1,320

411b Stone Masonry Random with Mortar m' ? qA?

412a Stone Masonry Coursed with Mortar m' 4,274

SP_35 Making Weep Hole 6" x 6" as per Drawings Rm ?a,t

SP-36 Water Stops 225 m Wide Rm ob

SP-38Premoulded Joint Filler 12 mm Thick with Bitumastic JointSeal rnt I Z

TOTAL OF BILL NO.4A: STRUCTURES (Culverts and Retaining Walls)

ffiSingle-Stage : Two-Envelope Procurement of Works NCB/PN H RP/N-50/Packaoe-4



BILL OF QUANTITIES

BILL NO. 5 : DRAINAGE AND EROSION CONTROL WORKS

ItemNo.

Description Uni t QuantityRate (Rs. in


Amount(Rs.)

509c Rip Rap Class "C" m' zv6

509d Grouted Rip Rap, Class A am- 4233

sP-13(i)Repair and Strengthening of Existing Structures (Culvert andCauseways) m' 1 1 0

sP-l3(i i)Repair of Reinforced Concrete Surface or Masonry )m- 1 1 0

sP-13(i iDRepair of Corrosion induced Reinforced Concrete tm- 1 1 0

SP-13(iv)Repair of Cracked or Unsound Concrete (repair of RCC Slabsby Plaster) m' 6 6

SP-'13(v)Connecting Old Concrete / Masonry using Dowel Bars Tonn 2

SP-17Cleaning and Channelizing and Minor Repair of Existingculverts

'ti-{'6ti;Each b

f+r(i tpiV

,.(1.\.,\tll-'l ,

\- i :' { - ' !

. ' / : ) : . , ' /1'i;;'))'i"Single-Stage Procurement of Works NCB/P N HRP/N-50/Package-4


BILL NO. 6 : ANGILLARY WORKS

441

Package-4: Rehabilitation of National Highways Dhanasar-Daraban (N-50)Lot 1: Dazinda-Darban. Km 447+000-Km 457+680 (10.68 Km)

BILL OF QUANTITIES


Rate (Rs. in


Amount(Rs.)

604a MetalGuardrail Rm I ORn

604b Metal Guardrail End Pieces Each 6 5

604d Steel Post of Metal Guardrail Each 495

607a Traffic Road Signs Category 1, Size 900 mm Each ?o

607b Traffic Road Signs Category 2, Size 900 mm Each I J

607c Traffic Road Signs Category 3a Each B

607d Traffic Road Signs Category 3b Each

608h2Pavement Marking in Reflective TP Paint for Line of 15 cm

width Rm 27,404

608i2Pavement Marking in Reftective TP Paint for Line of 20 cm

widrhRm 1 1 7

648j2 Pavement Marking in Reflective TP Paint for 4.0 M Arrows Each 6 ?

AOOnReflectorized Pavement Stud (Raised Profile Type - Single

Face)Each 5,871

A , I A A Kilometer Post (0.610 x0.114 x 1.5 M) Each 1 1

6 1 0 d Ten Kilometer Post Each 4I

SP_6 Pessanger Shelters i/ {>rq\ \

-'r Each 4

TOTAL OF BILL NO.6 : ANCILLARY WORKS

Single-Stage : Two-Envelope Procurement of Works NCB/PNHRP/N-50/Packaoe-4


Package4: Rehabilitation of National Highways Dhanasar-Daraban (N-50)Lot 1: Darzinda-Darban. Km 447+000-Km 457+680 {10.68 Km)

BILL OF QUANTITIES

442

BILL No.7(A) : GENERAL ITEMS

ItemNo.

Description Unit QuantityRate (Rs. in

FioureslRATE (Rs. in Words)

Amount(Rs.)

sP-1(i i)Running and Maintenance of Resident Engineer's OfficeAccomodation

Month 1 2

sP-2(ii)Running and Maintenance of Resident Engineer's HousingAccomodation

Month 1 2

sP-3(ii)Running and Maintenance of Engineer's Base Laboratory Month 1 2

SP-a(iv)Running and Maintenance of Engineer's Transport, ToyotaDouble Cabin Hilux D4D 2500 CC or Eouivalent alonqwithDriver (01 No. Vehicle)

Month 1 2

SPa(v)Running and Maintenance of Provided Engineer's Transport,Toyota Single Cabin Delux D4D 2494 CC or Equivalentalongwith Drivers (02 Nos. Vehicles)

Month 24

SPa(vi)Running and Maintenance of Provided Engineer's Transport,Suzuki Cultus or Equivalent alongwith Drivers (05 Nos.Vehicles)

Month 60

sP-s(ii) Running & Maintenance of Survey Equipmenl Month t z

SP-18 Employ Trainee Engineer including Boarding and Lodging Month*u:=i.'-

24

TOTAL OF BILL NO. 7(A) : GENERAL ITEMS

F*';Single-Stage : Two-Envelope NC B/PN H R P/N-5OiPackaoe-4


t '

443


BILL OF QUANTITIESBILL NO.7{B} : PROVISIONAL SUMS

ItemNo.

Description Unit QuantityRate (Rs. in


Amount{Rs.}

sP-1( i )Provide, Equip and Furnish Resident Engineer's OfficeAccomodation

PS 3,500,000

sP-2(i)Provide, Equip and Furnish Resident Engineer's HousingAccomodation

PS 3,500,000

sP-3(i)Provide, Equip and Furnish Engineer's Base Laboratory PS 4,000,000

sP4(i) Provide Engineer's Transport, Toyota Double Cabin Hilux D4D2500 CC or Equivalent (01 No. New Vehicle) PS 3,400,000

sP-4(ii)Provide Engineer's Transport, Toyota Single Cabin Delux D2D2494 CC or Equivalent (02 Nos. New Vehicles)

PS 4,200,000

sP4(iii)Provide Engineer's Transport, Suzuki Cultus CNG orEquivalent (05 Nos. New Vehicles)

PS 6,250,000

sP-5(i)Provide Engineer's Survey Eq uipment PS 1,500,000

TOTAL oF BILL NO.7(B) : PROVISIONAL SUMS 26,350,000

N);i

Single-Stage : Two-Envelope Procurement of Works NCBiPN HRP/N-50/Package-4

Section 5 - El iqible Countr ies

Section 5 - Eligible CountriesThis Sect ion contains the l ist of el ig ible countr ies.

1. Afghanistan 35.

2. Armenia 36.

3. Austral ia 37.

4. Austria 38.

5. Azerbaijan 39.

6. Bangladesh 40.

7 . B e l g i u m 4 1 .

8. Bhutan 42.

9. Brunei Darussalam 43.

10 . Cambod ia 44 ,

1 1 . C a n a d a 4 5 .

12. China, People's Republ ic of 46.

13 . Cook ls lands 47 .

14 . Denmark 48 .

15. Fi j i ts lands, Repubt ic of 49.

16 . F in land 50 .

17 . France 51 .

18. Georgia 52.

19 . Germany 53 .

20. Hong Kong, China 54.

2 1 . I n d i a 5 5 .

22 . Indones ia 56 .

23 . l re land 57 .

24. l ta ly 58.

25. Japan 59.

26. Kazakhstan 60.

27. Kir ibat i 6 ' l

28. Korea, Republ ic of 62,

29. Kyrgyz, Republ ic of 63.

30. Lao People's Democrat ic Republ ic 64.

31 . Luxembourg 65 .

32. Malaysia 66.

33. Maldives 67.

34. Marshal l ls lands

Micronesia, Federal States of

Mongol ia

Myanmar

Nauru, Republ ic of

Nepal

Netherlands

New Zealand

Norway

Pakistan

Pa lau , Repub l ic o f

Papua New Guinea

Phi l ipp ines

Portugal

Samoa

Singapore

Solomon ls lands

Spain

Sri Lanka

Sweden

Switzerland

Tajikistan

Taipei,China

Thai land

Timor-Leste, Democrat ic Republ ic of

Tonga

Turkey

Turkmenistan

Tuvalu

United Kingdom

United States of America

Uzbekistan

Vanuatu

Viet Nam

n aiE

Bidding Document for NCB/PNHRP/N-50/Package-4 Single-Stage: Two-Envelope

Section 6 - Employels Requirements

Section 6 - Employer's RequirementsThis Sect ion contains the Specif icat ions, Drawings, Supplementary Information that descr ibe the Worksto be procured, Personnel Requirements, and Equipment Requirements.

Table of Contents

Supplementary In format ion Regard ing Works to Be Procured . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . 6-4

Environmental Management Plan 6-7

6-2 Section 6 - Employer's Requirements

Specifications(a )

(b )

(c)

General Specifications

The Addenda/Corr igenda to NHA'sGeneral Specifications

Special Provisions (Specif icat ions)

(NHA's General Specif icat ion 1998) attached as

Bidding Document, Volume-l l : Specif icat ions

Attached with Bidding Document, Volume-l l :General Specif icat ions

(SP-l tems) Attached with Bidding Document.

Part icular Specif icat ions / Special Provisions

Sing le-Stage: Two-Envelope Procurement of Works

IIII)

I

Seclion 6 - Employer's Requirements

Special Provisions

Table of Contents

Resident Engineer Office AccommodationResident Engineer's Housing AccommodationEngineer's Base LaboratoryTransport for EngineerEngineer's Survey EquipmentPassenger Shelter at Bus BaysRemoval and Reuse of Existing Base Course and SubbaseConstruction of Embankment in Pond AreasCement Sand Plaster (1:3)Prestressed Concrete StructuresPVC Drain PipePVC Pipes for ServiceRepair and Strengthening of StructuresDemolition of Existing Bridges and CulvertsSteelGratingOverhead Gantry SignCleaning, Channelization and Minor Repair of Existing Structuros

Provision of Trainee EngineerDisposal of Waste of Construction MaterialAdjustrnent with Unstable Locations Appearing during Construction especially the

FoundationLocation of Labor Camps, Material Dumps / Depots, Equipment and Machinery

Yards, Approach Roads and RoutesRehabilitation of Construction and Extraction SitesDrainage, Roads, Linear Fixtures Crossed / Damaged by Machinery moving to

and from the Construction SitesDumping of Waster Construction Material on any Building, House, Graveyard,

Archaeological Site (Established or Newly Found), Unstable Slopes, Un-compacted Embankment or Leaking into Construction Area

Diesel and Other Fluids Spilling Over to Soilfrom Construction Machinery

Protection of Construction Work from Floods (if any)Providing Diversion of Traffic from Main RoadControl on Air Quality by not allowing Machinery to Cause Dust, Smoke or NoisePollutionControl of Dust or Other Pollutants from Stored Materials, Material Depots orSpo i lHeapsUse of Outdated MachineryTo Protect the Biological ResourcesRespect for Socio-Economic and CulturalValues and HeritagePublic Safety, Health and Safety at Construct Site, including Measures againstHIV/AIDS and Life lnsurance

sP-1SP-2SP-3SP-4SP-5sP-6SP_7SP-8SP_9SP-10SP_1 1sP*12SP-13sP-14SP_15SP_16SP-17SP_18sP-19SP-20

sP-21

sP-22sP-23

SP-24

SP-25SP_26sP*27SP_28

SP_29

sP*30SP-31sP-32SP_33

SP-34

6-46-76-9

6-216-226-246-256-296-306-326-326-336-336-386-396-406-406-41642

642

642642

642

6-436-436-436-43

644

6446446446-45

6-456-46

ItIIIIIIIIt Employment of Locals in the Construction

; ";lI

III

Single-Stage: Two-Envelope -NCB-N08

Section 6 - Employe/s Requirements

1 .2

IIItttIIIIIIIItIItIII

sP-1

1 .1

Special Provisions

RESIDENT ENGINEER OFFICE ACCOMMODATION

General

The office accommodation shall be provided in a rented building to be hired by theContractor for this purpose. The building shall be located in a safe and clean area ofthe city. The location and construction of the rental accommodation shall beapproved by the Engineer. The overall size of the office accommodation shall be ofminimum 500 sq.m floor area, partitioned into 7 to I office rooms, a conferenceroom, 4 toilets with washing facilities, kitchen and a tea room.

The rental accommodation shall have construction in accordance with the standardapplicable building code and shall have a leak-free, properly insulated, withadequate structural capacity for normal static and dynamic loads, including any highwinds or earthquakes which could be reasonably expected in the area.

The Contractor shall maintain the Office including the repair and/or replacement ofany item contained therein and'in addition shall supply all materials as stipulatedthereirr, including, toilet paper, light bulb, fluorescent tubes, supply of water andelectrical power, gas, telephone, office consumable and items and other services ashereinafter specified.

The Contractor shall provide and guard services for the office on a twenty-four (24)hour basis. The total number and schedule of all guard personnel shall be such as toprovide round the clock watch & guard service. The contractor shall also provideappropriate office messengers / office boys.

The Contractor shall provide all necessary janitoriat services for the entire facilities.The services shall include floor cleaning; servicing and cleaning loilets, windowwashing, etc. Janitorial services shall be performed on a daily basis with personneland programming of the work as approved and directed by the Resident Engineer.

The Gontractor shall maintain the Office in a neat and attractive manner and providedaily garbage and trash collection and disposal. The Contractor shall maintain all fireextinguishers and air conditioners as recommended by the manufacturer and shallclean/or replace air filters at regular intervals of one month or as required by themanufacturer of these items.

Furniture and Equipment for the Resident Engineer Off ice

furnishings and equipment complying following list and as per theapproval of the Engineer. All furnishi are for the exclusive use ofthe Resident Engineer and their staff.

The Contractor shall, in addition to normal stationery requirements, provide new

Single-Stage: Two-Envelope FERP.NCB.NOS

Section 6 - Employer's Requir€monts

IIIIIIIlIIIIIII

(i) Office

Quantity(Nos.)

1

5

7

As Reqd.

3

5

8

2

2

z.

1

14

3

3

6

B

1

2

B

As Reqd.

4

1

8

1

As Reqd

8

4

12

1

Item

Light table, (1.60 x 0.80 x 0.75 m high) with in-laid opaque plateglass 1.4 m x 0.60 m x 5 mm and 6 no. f luorescent lamps,40watts each, mounted 10 cm under the plate glass.

Lockable metal filing cabinets for drawings (1.0.x 0.80 x 0.75 m)with 4 no. drawers.

Metal filing cabinets with 4 no. lockable drawers

Metalwaste baskets

Standard office desks with lockable drawers and glass top

Standard good quality office desks

Swivel type padded desk chairs with arms and castors

Executive desk with lockable drawers & glass top

Executive type upholstered desk chair

Computer Operator desk with. chair and matching computer table.

Conference table wittr padded swivel chairs for fifteen (10)persons

Standard office chairs

Book cases with two shelves

Display boards

Fire,extinguishers (C02) wall hung

Standard size staplers

Heavy duty stapler

Paper cutters

Paper hole punches

Pencil sharpeners

Pencil sharpeners, desk mounted

Electric water cooler

Calculators, Casio (Scientific) latest model

Xerox or equivalent Photocopier including enlarging reduction etc.and automatic voltage stabilizer.

Venetian blinds and traverse drapes on allwindows.

Air condit ioners spl i t (cooling & heating) 18,000 BTU or asrequired.

Plastic trash containers, 50 cm diameter. minimum by 75 cm high

Construction hard hats

Binding machine, Model N

II

III


similar.by General Binding Corp or

Section 6 - Employer's Requirements o-b

tI)

T)

IIIIIIIIIIIIIttI

As Reqd.

1

2

2

1

1

4

(ii) Kitchen

1

1

1

1

2

2 Set

1 Set

As Reqd.

(i i i ) Toilet

4

4

4

4'l

.+

4

2

2

ZEA 2500 W voltage regulator.

Facsimile Machine, heavy duty.

Branded Core 2 Duo computers including required hard and softwares, laser printer, stabilizer, USB devices, other accessoriesand unlimited internet services.

Laser Printer latest model.

Lap top computer Dell or equivalent latest model of specificationsto be approved by the Engineer

UPS 1 KVA

Scanners

Digital camera Sony or equivalent

Mobile Phones (Nokia) with accessories (monthly maximum limitof phone bills shall be Rs. 3,000/- for each phone)

Diesel Generator Set 16.5 KVA Prime i 18 KVA standby powersupply to office

Single Stainless Steel Sink with Drainboard.

Electric Refrigerator, 0.40 cu.m capacity with separatefreezer compartment, self defrost type.

Gas stove with 3 burners with gas bottles as required

Set of kitchen cabinets, lockable, with formica top for workingspace

Thermic jugs

Pots, cups, saucers, water glasses, spoons and

serving trays adequate for 20 persons

Tea towels, w/towel rack and miscellaneous cooking pans,knives, forks, spoons etc. as required

Exhaust fan

4 Nos.

Water closets, European Style

Wash basins with hot and cold water and mirror

Stainless steel toilet paper holders

Paper towel dispensers

Mirrors,40 cm x 50 cm

Ceramic urinals


Section 6 - Employer's Requirements 6-7

IIIIIIIItIIIItIII

IIT

1 .3

The Contractor shall provide any other item as required by the Resident Engineer forthe office facility and maintain the office and equipnrent in proper manner all to thesatisfaction of the Resident Engineer.

Ail furnishing, fittings, equipments shall become the property of the Employer oncompletion of the Works. The rental building shall be handed over to its owner.

Measurement and Payment

Provisional Sum included and so designated in the Bil l of Quantit ies shall be used onthe instructions of the Engineer, in whole or in part, for the cost of providing,furnishing, equipping, maintaining and servicing the Resident Engineer's office inaccordance with Clause 13.5 of Conditions of Contract.

ProvisionalSum (PS)

RESTDENT ENGINEER'S HOUSING ACCOMMODATION

General

The housing accommodation shall be provided in a rented building to be hired by theContractor for this purpose. The building shall be located in a safe and clean area ofthe 'city. The location and conslruction'of the rental accommodation shall beapproved by the Engineer. The overall size of the housing accommodation shall beof minimum 500 sq.m floor area with 8 bed rooms facility along with attached bathroorns, common room/ dinning room, washing facility, kitchen room, store room,servant room, car parking area etc.

The rental accommodation shall have construction in accordance with the standardapplicabfe building code and shall have a leak-free, properly insulated, wiihadequate structural capacity for normal static and dynamic loads, including any highwinds or earthquakes which could be reasonably expected in lhe area.

The accomrnodation shall be provided with efficient drainage and sanitation.Housing shall be provided with potable water, gas and electricity availablethroughout 24 hours ofeach day.

The Contractor shall maintain the residential accommodation including the repairand/or replacement of any item contained therein and in addition shall supply allmaterials as stipulated therein, including light bulb, f luorescent tubes,

sP-1(i)

sP*1(ii)

Provide, equip and furnish ResidentEngineer's Office Accommodation

Running and Maintenanie of ResidentEngineer's Office Accommodation

SP-2

2 .1

Single-Stage: Two-Envelope FERP.NCB-NO8

IITtIIIIIII

supply of water and electrical power, gas, telephone, consumable items and otherservices as hereinafter specified. The Contractor shall pay for all utility bills.

The Contractor shall maintain all fire extinguishers and air condilioners asrecommended by the manufacturer and shall clean/or replace air filters at regularintervals of one month or as required by the manufacturer of these items.

The Contractor shall provide guard services for the housing on a twenty-tour (24)hour basis. The total number and schedule of all guard personnel shall be such as toprovide round the clock watch & guard service.

The Contractor shall provide all necessary janitorial services for the entire facilities.The services shall include floor cleaning, servicing and cleaning toilets, windowwashing, etc. Janitorial services shall be performed on a daily basis with personneland programming of the work as approved and directed by the Resident Engineer.

Housing shall be fully furnished and equipped, including curtains, linen, blankets,glassware, cutlery, crockery and kitchen utensils as appropriate. The requirementsof furniture and equipment are listed in the schedule given below, which is intendedonly as a guide to indicate the minimum furniture requirements that will beacceptable.

All furniture and equipment provided for housing facility shall become property of theEmployer on completion of the works. The rented building shall be handed over backto the owner.

All furnishings and equipment are for the exclusive use of the Engineer and theirstaff.

Contractor shall provide any other item as required by the Resident Engineer for thehousing facility and maintain the office and equipment in proper manner all to tlresatisfaction of the Resident Engineer.

All furnishing, fittings, equipments shall become the property of the Ernployer oncompletion of the Works. The rental building shall be handecl over to its owner.

Furniture and Equipment for Resident Engineer Housing

IIIII

It

2.2

ITEM QUANTITY(Nos.)

Single Bed plus mattresses and pillows 10Double Bed plus mattresses and pillows 1

Wardrobes I

Chairs ffi 12Dining table and chairs (to seat ,to o"rtonrffi,lhKt\ 1 Set

Sofa Set (S-Seater) F/ \$. \E\l 2 Set2\ ./\-/,q

ffi.TFERP-NCB-NO8

Procurement"SofufiSingle-Sta ge: Two-Envelope

Section 6 - Employer's Rsquiremenls

2.3

lTTtIItIITItIIlItI'tII


Provisional Sunr included and so designated in the Bill of Quantities shall be used onthe instructions of the Engineer, in whole or in part, for the cost of providing,fuinishing, equipping, maintaining and servicing the Resident Engineer's housing inaccordance with Clause 13.5 of Conditions of Contract.

ENGINEER'S BASE LABORATORY

General

sP-3

3.1

The Contractor shall provide and maintainEngineer and his staff, for testing soils,

laboratory, for the exclusive use of theaggregates, concrete and bituminous

materials. The laboratory shall be housed i bui lding, ful ly equipped wit lr al lutilities, furniture, apparatus and fittings

ITEMQUANTITY

(Nos.)

Kitchen cupboards and tables or fitted units 1 Set

Electric Water Coolers 1

Refrigerator large 1

Refrigerator small 2

Air Conditioners B

Gas Stoves 1

Bathroom wall mirror Shelf. medicine cabinet and towel rails As Reqd

Gas water heater (geyser) 30 gallon 2

Glassware, cutlery, crockery, kitchen utensils etc As Reqd

Towels, bed sheets, blankets/ quilts etc As Reqd

Television Sony 26 inch or equivalent 1

Fire Extinguisher As Reqd

Diesel Generator Set 16.5 KVA Prime / 18 KVA standby power

Supply to Site Office Accommodation1

UPS 2 KVA 1

Singlo-Stage: Two-Envelope FERP.NCB-NO8

ISection 6 - Employe/s Requirsments 6-10

3.2

ITIIItIIITIIIItII 3.3

The Base Laboratory shall be located adjacent to the Resident Engineer Office or

elsewhere as required by the Engineer. lt shall consist of a hall and two offices withstorage, lavatory and washing facilities. The total area of the laboratory buildingshall be 250 sq m. The hall shall be divided into bitumen section, soil andaggregates sections and a concrete section.

Outside the laboratory water tanks shall be constructed for curing concrete samples,of a size and location approved by the Engineer.

The laboratory shall be provided with electricity and shall be fully air-conditioned. ltshali have a regular and dependable supply of water, gas and electricity availablethroughout 24 hours of each day. Payment of utility bills such as for electricity, gas,water supply and drainage will be the responsibility of the Contractor.

All rooms shall be provided with exhaust fans, located particularly over fumecupboards and the like.

The water supply shall be maintained by an elevated or pressure tanli of adequatecapacity.

The lavatory shall be connected to a septic tank of adequate capacity with a 200 mmsanitary pipe and ventilation pipe stack.

The Contractor shall provide qualified materials technicians and qualified laboratoryhelpers as deemed necessary by the Engineer to assist in operating the laboratory.

The Contractor shall maintain the Engineer's laboratory including the repair and / orreplacement of any item. The Gontractor shall maintain the laboratory and testingequipment in a satisfactory working condition at all times to enables the Engineer totest the materials and workmanship of the works during construction wheneverrequired, damaged testing equipment shall be replaced by the Contractor andconsumable goods shall be supplied in sufficient quantities when ordered by theEngineer for the sole use of testing the construction works. The Contractor shallmeet all operating expenses.

fhe Engineer's Laboratory fittings, equipments including tOsting equipment andfurnishings shall become the property of the Employer on completion of the works.The rental building shall be handed over back to its owner.

Sampling

It shall be the responsibility of the Contractor to take samples as required by theEngineer and to provide all necessary transport, labour, tools, containers, wrappingsand so forth for uplifting and dispatching samples to the Engineer's Base Laboratory.

Tests

TtI

lowing in-house


ISection 6 - Employer's Requirements

IIIIItIIT

Moisture content test by oven drying Atterberg limits

Moisture density relationship of soils (standard method)

Moisture density relationship of soils (modified method)

Specific gravity of soils

CBR test

Sieve analysis of soils and aggregate and mineral filler

Specific gravity and water absorption of fine aggregates

Specific gravity and water absorption of coarse aggregates

Unit weight of aggregates

Los Angeles abrasion test for aggregates

ChemicalTests :

- Organic impurities for sand in concrete- Chlorides and Sulphates in fine aggregates- Potential alkali reactivity test

Amount of material passing No. 200 sieve T-11

Soundness ofaggregates T-104

Clay lumps and friable particles in aggregates T-112

Curing concrete compressive test specimens T-23

Compressive strength of concrete cylinder specimens T-22

Quality of water to be used in concrete T-26

Making and curing concrete test specimens in the laboratory T-126

Plastic fines in graded aggregates and soils by use of sand equivalent test T-176

Sampling bituminous materials T-40

Marshall test and loss in stability I-245

Specific gravity of compacted bituminous mixtures T-166

Quantitative extraction of bitumen from bituminous paving mixtures T-164

Viscosity of bitumen T-20, T-202

Penetration of bitumen T-49

Flash and fire points T-48

Solubility of bituminous materials in organic solvents T44

Coating and stripping of bitumen-aggregate mixture T-182

Petrographic analysis

The Engineer's Base Laboratory shall be the following field

T-89 & T-90

T-99

T-180, Method B and D

T-100

T-193

T-88,T-27 and T-37

T-84

T-85

T-19

T-96

T-21

ASTM-14.11

ASTM-C 289

ITIIItT

ttI

Single-S tage : Two-Envelope Procurement of FERP.NCB.NOS

3371563364213312224

tIIIIIIIIItItIIIIIIIt

ln-place density by sand cone method (with 15.25 cms and 30.5 cms cone) T-191

In-place density of compacted base course containing large sizes of coarse T-181

Coarse aggregates

Sampiing fresh concrete

Concrete slump

Sampling bituminous materials

Determining the temperature of bituminous paving mixtures

Coring and determination of bulk specific gravity of

compacted bituminous Mixtures

T-141

T-1 19

T-40

T-230, T-166

lf any additional testing is required other than mentioned above, the Contractor shall

provide all assistance to conduct the test. The cost of all such tests shall be born by

the Contractor.

3.4 Furnishing

The Contractor shall provide for the Engineer's Base Laboratory furnishings

described in the following list to a quality approved by the Engineer. Substitution of

type may be'made only upon approval of the Engineer.

Standard office desksSwiveltype padded desk chairs

Work tables

.. Standard office chairsSmal l tab lesSide racksMetal filing cabinets, 4-drawerElectronic calculatorsAir conditioners (cooling and heating)Electric water coolersDisplay boardDesk lamps, fluorescent, 20 wattsStandard size staplersHeavy duty staplersPaper cuttersPaper hole punches

Pencil sharpenersFire extinguishers

11

{iil.Single-Stage: Two-Envelope

UPS 2 KVA

FERP-NCB.NOB

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m o c T = m z { o m a c) v -o I o z

L s il .< \

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Section 6 - Employer's Requiremenls

IIIIIIIIIIItIIIItIItI

CONTROLSMODEL NO.

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

2 2

33

34

EQUIPMENT DESCRIPTION

Heavy duty balance, 20 kg.

Triple beam balance, 2,610 grams

Cent-O-Gram balance, 3'll grams

Platform balance 150 kg

Electronic precision balance

Digital top pan balance 30 kg x 1 gram

capacity with cradle

Wal lc lock

Stop watch

Vernier caliper

Thermometer, general, 0'c - 200"c

Maximum - minimum thermometer

Sampling tools, cornplete set

Tongs

Desicator

Beaker, Pyrex,250 ml

Beaker, Pyrex,600 ml

Beaker, Pyrex,1,000 ml

Funnel, 250 ml

Funnel, 500 ml

Volumetric flask, 100 ml

Volumetric flask with stopper, 250 ml

Volumetric flask with stopper, 500 ml

Volumetric bottle flask, 250 ml

Volumetric bottle flask, 500 ml

Wash bott le, 100 ml

Wash bott le,250 ml

Wash bott le,500 ml

Specific gravity bottles 100 ml (86D-1127)

11 -D610

11-D605

1 1-D600

11-D690/A

11-D629lZ

11-D6121A, D627lQ

B6-D1231

86-D1652

B6-D1202

B6-D1215

40-T10tA

86-D1455

B6-D1 1 1 0

86-D1073

B6*D1074

86-D1075

86-G001

86-G002

B6-D1059

B6-D1060

86-D1061

86-D1050

B6-D1051

86-D1535

86-D1536

B6-D1537

86-D1003

Each

Each

Each

Each

Each

Each

Each

Each

Each

Each

Each '

Each

Each

Each

Each

Each

Each

Each

Each

Each

Each

Each

Each

Each

Each

Each

Each

1

1

2

1

1

1

1

1

1

2

1

1

2

1

2

2

2

2

2

2

2

2

2

2

2

2

2

1

Graduated cyl inder, 100 ml

Single-Stage: Two-Envelope Procurement

II

Section 6 - Employer's Requirements 6-15

IsR.NO.

EQUIPMENT DESCRIPTIONCONTROLSMODEL NO.

UNIT QTY

I

TIIIIIItIIItIIII

36

37

3B

39

40

41

42

43

44

45

46

47

4B

49

50

51

52

53

54

trE

56

Graduated cylinder, 250 ml

Graduated cylinder, 1,000 ml

Reagent bottle stoppered, 2 litre

Aluminum cans with cover, 2" diameter

Aluminum cans with cover, 3" diameter

Scoop

Brush, fine

Wire brush, coarse

Wire brush, fine

Bucket, l2l i tre

Trolley

Shovel, large

Pickaxe

Sample spli t ter,.coarse

Sample splitter, fine

Sieve shaker for B" diameler sieve,motorized

Iin panitray , 12;' x 12" x 2;;

fin pan/tray, 19" "

16" x 3" 1I[in pan/tray , 24" x 16" x 3"

Ilin pan/tray ,20" x 16" x 4" I

Ivlortar porcelain, 200 mm diameter Ivith rubber covered pestle I

86-D1006

86-D1092

86-D1332

B6-D1333

86-D1334

B6-D1602

86-D1671

86-D1670

86*D1673

86-D1703

15-D437

15-D433

15-D407

15-D1180

I Each

Each

Each

L.S

L.S

Each

Each

Each

Each

Each

Each

Each

Each

Each

Each

Each

Each

Each ]I

Each III

Each I

IEach I

2

2

:

2

1

1

1

2

1

1

1

1

1

1

4

4

4

4

1

B.GOARSE AND FINE AGGREGATESSIEVE ANALYSIS

Sieve Set 8" diameter:

1

2

?

4

1 inch

3/4 inch

112 inch

3/B inch

15-D11012

15-D11212

15-D115t2

15-D11712

Each

Each

Each

Each

3

2

2

2

5 No.4 (4.74 mm) ZpFgND122|2 Each I

r

I Single-Stage: Ti( .d\?\ ,#,r

,,ro-Envelope

W#I

Section 6 - Employ€r's Requirements

tItIIIIIIIItIIITtIIII

34 | Pan

EQUIPMENT DESCRIPT!ON

15-D12612

15-D12712

15-D13012

15-D13412

15-D13612

15-D13812

15-D14112

15-D14212

15-D14612

15-D16012

Each

Each

Each

Each

Each

Each

Each

Each

Each

Each

2

a

2

2

J

2.

1

2

c

3

6

7

B

I

10

11

12

13

14

15

No.8 (2.36 mm)

No. 10 (2.00 mm)

No . 16 (1 .18 mm)

No.30 (0.60 mm)

No.40 (0.425 mm)

No. 50 (0.300 mm)

No .80 (0 .180 mm)

No. 100 (0.150 mm)

No.200 (0.075 mm)

Wet washing No. 200

Sieve set 12" diarneter:

1s-D10213

15-D103/3

15-D105/3

ffi-D1a713

15-D110/3

1s-D112t3

15-D115/3

15-D117t3

15-D12213

Each

Each

Each

Each

Each

Eacn

Each

Each

Each

2

2

.2

2

2

.2

2

-2

2

16

17

1B

19

20

21

22

23

24

3 inch (75 mm)

2112inch (63 mm)

2 inch. (50 mm)

1 ll2inch (38 mm)

1 inch (25 mm)

3/4 inch (19 mm)

l12inch (12.5 mm)

3/8 inch (9.5 mm)

No.4 (4.74 mm)

Sieve set 18" diameter:

25

26

27

t o

29

30

31

32

3 inch (75 mm)

21 l2 inch (63 mm)

2 inch (50 mm)

1 l l2inch (38 mm)

1 inch (25 mm)

3i4 inch (19 mm)

ll2inch (12.5 mm)

3/8 inch (9.5 mm)

15-D1Azt45

1s-D103/45

15-D105/45

15-D107t45

15-D1 10/45

15-D11214s

15-D't15t4s

15-D117t45

Each

Each

Each

Each

Each

Each

Each

Each

2

2

2

2

2

2

2

2

No.4 (4.74 mm) 15*D122t45

Single-S tage: Two-Envelope

Section 6 - Employer's Requirements

IItt:IIIIIIIIIItIII'tII

EQt.'IPMENT DESCRIPTION

Each

Each

Each

Cover

Large Capacity Sample Splitter

Sample Splitter

15-D1521213145

15-D430

15-D437

C. ATTERBERG LIMITS

22-T32lAP

B6-D1172

B6-D1330

86-D1630

22-r41

Liquid limit test set with all accessories

Mixing Dish

Moisture Tin

Spatula

Plastic limit test set with allaccessories

D. SAND EQUIVALENT

COARSE ANDUNIT WEIGHT

Density basket, brass

Sand absorption cone and tamper

Pycnometers

Specific gravity bottle



11-D612

47-D440

47-D441

B6-D1125

86-D1 126

86-D1127

Los Angeles abrasion machine withabrasion charges set

COARSE ANDSOUNDNESS

FINE AGGREGATE

Distilled water

Sodium sulphate solution

AGREEGATE FLAKINESS ANDELONGATION

Flakiness sieve test set

Thickness Gauge

47-D415

47-D540

Single-S tage: Two-Envelope FERP.NCB.NCE

IIIIItIIIIIIIttItIIIt

CONTROLSMODEL NO.EQUIPMENT DESCRIPTION

MODIFIED COMPACTION

Each

Each

Each

Each

Each

Each

Each

Each

Each

Each

Each

Each

1

1

1

1

1

2

2

2

Straight edge

Scoop

Scoop

Mixing spoons

Sample ejector

Modified compaction hammer, 10 lbs

Modified compaction mould, 6"diameter

Modified compaction mould, 4"diameter

Preparation knife

Wooden hammer

Spatula

Mixing lray,24" x 24" x 3"

34-T99

B6-D1601

B6-D1602

35-T143

1 6-T80

33-T76

33-:t71

33-T70

Local

Local

Local

Local

1

2

3

4

5

6

7

B

LABORATORY CBR

Local

34-T90

B6-DlB00

34-T92

34-r94

34-T95

34-T93

B6-D1256

34-T91

34-T105

B2-T1002

82-:r1007

Each

Each

L.S.

Each

Each

Each

Each

Each

Each

Each

Each

Each

I

1B

2

I

I

2

1

Soaking, tank 60" x 12A" x24"

CBR mould, 6" diamet., *itn collars,plate, screws

Filter Paper

Swell Plates

Surcharge weights

Surcharge weights, slotted

Tripod attachment

Dial indicator

Spacer, disc

CBR loading press, hydraulic,motorized

Proving ring, 2,000 lbs


3

4

5

b

7

8

9


Single-Sta ge: Two-Envelope

tItIIIIIttIIIIIIIt,Itt

Saclion 6 - Reouirements

sR.NO.

EQUIPMENT DESCRIPTIONCONTROLSMODEL NO.

UNIT QTY

K. FIELD DENSITY

1

2

3

4

5

6

7

I

I

6 inches sand density cone apparatus

(Complete Set)

Spoon

Plastic bags

Chisel, 12"

Hammaer. 2 .5 lbs

Field balance

Speedy moisture tester

Nuclear density guage, Troxler XFL

Sieve No.30 (0.60 mm)

35-T1 30

Local

Local

Local

Local

11-D608

19:f24

15-D136/6

Each

Each

L.S

Each

Each

Each

Each

Each

Each

3

2I

2

2

2

2

1

2

L. BITUMEN

1Bitumen penetration test,

penetrometer (Complete Set)B1-8100/A Set 1

M. ASPHALT

I

2

3

4

5

6

7

Marshall stability comPressive

machine (with all Accessory)

Marshall compaction hammer

Marshall specimen mould holder

Marshall breaking head

Marshallflow mete

Marshall mixing apparatus

Water bath (thermostatic) controlled to

60'c

76-829A

76-85B

76-856/8

76-833

76-834

16-872

76-866/5

Each

Each

Each

Each

Each

Each

Each

1

1

1

1

1

1

1

75-B23lABituminous extractor apparatus

1

2

3

4

5

6

7

Filter disc

Mixing bowl(steel)

Asphalt oven

Vacuum pycnometer

Extractor for stability mould

StaUitlty mould with collar A

Compaction pedestal /-ffi

75-B.2211

75-B.2212

B1-8160

75-D1122

76-857/85

L.S.

Each

Each

Each

Each

EaCh

Each

1

1

1

1

6

1

Single-Stage: Two-EnveloPe o[Works I A

b#e |r,' \

r 1

ItIIlIIIIIltIItIIl,III

Section 6 - Employer's

SR,NO.

EOUIPMENT DESCRIPTIONCONTROLSMODEL NO.

UNIT OTY

I

I

10

11

12

13

Hammer Guide

Pavement core drill with 4" diameter

core

Core bit, 4" diameter

Expender Set

Thermometer, metallic 350'C

Hubbard-Carmick sPecific gravitY

bottle

76-85911

83-D202

83-D32211

B3-D31211

B6-D1115

Each

Each

Each

Drum

Each

Each

1

1

4

*

4

I

M. CONCRETEAND CEMENT

1

2

3

4

5

6

7

8

I

10

11

12

13

14

15

16

17

18

19

20

21

Compressive strength machine, heavy

duty, 2000 KN

Steel scale

Curing tank with temperature control

Cement mouid brush

Laboratory concrete mixer

Concrete vibrator

Concrete tray

Air meter complete

Cylinder mould, heavY dutY, 6"

diameter

Cylinder capping apparatus

Concrete capping compound

Laboratory warming pot

Slump test cone

Tamper

Vibrating table

Concrete micrometer

Vicat apparatus Complete set

Steel straight edge

Hand gloves, rubber

Trowel lriangular blade

Cement cube mould

50-cs2/B

55-C196/1

55-C162lA

B6-D1305/1

54-Q170lD

54-C118/D

54-C121121

54-C12111

54-C121t4

54-emqA

55-C'i40

55-C161

63-L28t1

Each

Each

Each

Each

Each

Each

Each

Set

Each

Each

Kg

Each

Set

Each

Each

Each

Set

Each

Pair

Each

facn

'l

2

1

2

1

1*

I

9

1I

2

1

1

1

I

2

1

aL

2* As per requirement t2\$, )!,

Single-Stage: Two-Envelope Wffig j## NOE

tIIIttItIIT

( i)

( i i )

(iii)

4.4

ItIIItIIt

4.1

4.2

sP-4 TRANSPORT FOR ENGINEER

General

The transport for the Engineer's Representative and site staff is to be provided under

this Contract for which provisional sum has been provided in the BOQ. Contractor

shall procure these vehicles under the instruction of the Engineer.

Procurement of Vehicles

The contractor shall procure the vehicles from the tocal mart<et, get these registered

in the name of the Employer and hand over to the Engineer's Representative.

The number of vehicles covered under BOO ltem SP-s(i) shall be new / latest model

at the time of delivery when instructions to procure these vehicles is given as Perapproval of the Engineer. These vehicles have the provision of GNG factory fitted.

The vehicles shall be handed over to Engineer's Representative. The Contractor

shall be responsible for the cost of running and maintenance. These vehicles shall

remain the property of the Employer and shall be handed over to the Employer after

completion of the work.

ln case of delay, failure or default'on the part of the Contractor in providing the

facilities under these provisions, the Engineer's Representative may arrange the

same at the rigk and cost of the Contractor or hired the vehicles such period.

Running and Maintenance

The Contractor shall be responsible for the running and maintenance of these

vehicles which include petrol, diesel, GNG, repair works, regular tuning, replacement

of tires, registration, comprehensive insurance, annual renewal, lubricants, servicing

including providing drivers etc.

Method of Payment

On the instructions and determination by the Engineer, Contractor shall be paid for

the Services under this Clause as follows :

For the procurement of vehicles Contractor shall provide the original

supporting vouchers / receipts for his billing which shall be paid from theprovisional sum with 15% extra as overhead charges. In addition to that

contractor shall also be paid applicable levies and taxes and transportation

charges to the respective project site.For running and maintenance of above vehicles including salaries of drivers,

the Contractor shall be paid on monOn failure of the contractor to under this clause or

even otherwise notwithstanding any other clauses of

the Contract Documents, the "Eng

4.3

I

Single-Stage: Two-Envelope Procurement

authority to nominate /

TIIlTTITIII'IIITtIIIII

Section 6 - Employer's Requirements o-zz

sublet to any other contracting agency on recommendation of the Resident

Engineer for the supply of services under this clause, the payment for which

shall be made through this contract direct to the nominated agency out of

Provisional Sum provided in the Contract or hired the good road worthy

vehicles and recover the cost with 100% penalty charges from contractor's

IPC's.

ProvisionalSum (PS)

sP-4(ii)

sP-4(iii)

SP-4(iv)

ProvisionalSum (PS)

ProvisionalSum (PS)

SF-a(v)

SP-4(vi)

ENGINEER'S SURVEY EQUIPMENT

General

The Contractor shall provide and maintain survey equipment for the use of the

Engineer and his Statf. All the survey equipment shall be new and shall be

maintained throughout the Contract and replaced by the Contractor free of charge in

case of damage or loss howsoever caused. The Contractor shall also arrangecalibration of all surveying instruments after every three months.

- ' 5 .1 .2 After the completion of the Works the I become the property of

the Employer and shall be handed over

sP-s

5.1

5 .1 .1

Provide Engineer's Transport, Toyota Double

Cabin Hilux D4D 2500 CC or equivalent(01 No. New Vehicle)

Provide Engineer's Transport, Toyota Single

Cabin Delux D4D 2494 CC or equivalent(02 Nos. New Vehicles)

Provide Engineer's Transport, Suzuki Cultus

CNG or equivalent (05 Nos. New Vehicles)

Running and Maintenance of Engineer'sTransport, Toyota Double Cabin l-lilux D4D

2500 CC or equivalent alongwith Driver(01 No. Vehicle)

Running and Maintenance of Provide

Engineer's Transport, Toyota Single Cabin

Delux D4D 2494 GC or equivalent alongwithDrivers (02 Nos. Vehicles)

Running and Maintenance of ProvideEngineer's Transport, Suzuki Cultus or

equivalent alongwith Drivers (05 Nos.

Vehicles)

Single-Stage: Two-Envelope FERP.NCB.NOs

Section 6 - Empioyer's Requirements

TIIt

5.2 Equipment

5.2.1 The Contractor shall provide and maintain the following survey equipment:

Total Station survey units complete Sokkia SET2010 or Equivalent

0.5" Reading 2' Accuracy,Range with Prism 3.5 Km.complete with :- Built in Data lodger- Main Unit with WA-type Tribrach- BDC 35 Rechargeable Battery X2- CDC 40 Quick charger- 5000 points Built in memory + SDC Memory Card

(128k byte) CPT Tubular Compass- Sunshade, Lens Cap, Plumbbob,- Vinyl Cover, Tool Kit, Cable, Belt,- Basic Operation Manual, Carrying Case- PrecisionWoodenTripod

IIIIIII'lIITIItIII

Single Tilting Range Pole Prism completeas under :- Prism- Single Tilting Mount withCoaxial Target- Range Pole Telescopic Tripod with Soft Case- 2 m Telescopic Range Pole- Range Pole Level- Soft Case for KPSl lPT

2 Single Tiliing Prism with Coaxial Targetcompleteas under:- Sokkia Prism- Single Tilting Mount with Coaxial Target- Simple Canier- Tribrach with Optical Plummet- Soft Case for KPS12

2 Triple Tilting Prism with Coaxial Target completeas under :- Sokkia Prism- Triple Tilting Mount with CoaxialTarget- Simple Canier- Tribrach with optical plummet

'-'' = -' Soft case for KPS34

Aluminum Telescopic Tripod

Sokkia KPSl 1PT or Equivalent

$okkia O/30S or equivalent

Sokkia KP11T or Equivalent

Sokkia AP71 or Equivalent


Sokkia AP61L or Equivalent

Sokkia KC60 or Equivalent

Sokkia KPSl2 or Equivalent

Sokkia 0/305 or Equivalent


Sokkia M01 or Equivalent

Sokkia WOA or Equivalent

Sokkia KC67 or Equivalent

Sokkia KPS34 or Equivalent

Sokkia O/30S or Equivalent


Sokkia KAO1 or Equivalent

Sokkia WOA or Equivalent

Sokkia KC34 or Equivalent*- -,-

Single-Sta ge: Two-Envelope

ia PFA1 or Equivalent

Section 6 - Employ€r's Requiremenls

5.3

5.4

TIIIIITIII

4 1m Range Pole for Extension

4 Walkie - Talkie radio, range 5.0 Km

2 Automatic Digital Level complete

2 Aluminum Telescopic Tripod

4 Leveling Staff (local manufacture)

2 Range Pole Level

6 Steel measuring tape, 50 m long



12 Measuring rod (4 m)

18 Ranging rod with tripod

Consurnables

The Contractor shall provide adequate suppliespencils, rubbers, inks, notebooks, drawing paper,as required by the Engineer.



SDL 30 or equivalent

Sokkia PEAl or Equivalent

Sokkia AP61L or Equivalent

of expendable materials, such assurvey pegs, brushes and paints

6.2

TIIIIII

sP-6

6.1

Provisional Sum included and so designated in the Bill of Quantities shall be used onthe instruction of the Engineer, in whole or in part, for the cost of. providing,

maintaining and servicing Survey Equipment in.accordance with Clause 13.5 of theContract Conditions.

Provisional Sum (PS)

Month

PASSENGER SI-IELTER AT BUS BAYS

Scope

The work shall consist of construction of Passenger Shelters on carriageway asgiven in drawings and materials conforming General Specification and as approvedby Engineer.

Moasurement and Payment

T ffi:#

III


ISection 6 - Employer's Requiremenls

7.2

TItIItT

sP-7

7.1

REMOVAL AND REUSE OF EXTSTING BASE COURSE AND ST.'BBASE

Descript ion

The work shall consist of removal of existing water bound / aggregate base and

granular sLlbbase layers, stockpiling and reprocessing for reuse of the dismantled

and ;'emoved material as subbase in new pavement slructure in conformity to the

lines, grades and thickness shown on the Drawings or as directed by the Engineer.

Material

ln the areas shown on the Drawings or as directed by the Engineer, the existing

water bound macadam base / subbase and / or existing granular sub base course

shall be separately removed to their full depth and the resulting materials collected inpiles and carefully loaded and carried away to a stock pile area. All suitable removed

materials shall be properly blended and, if necessary, mixed with new materials and

crushing the oversize if any in order to bring it to such proportions as required to

meet the following grading requirements before being reused as sub base course in

the construction of the new road structure. Before removal of the existing base /

subbase, the bituminous surfacing / surface dressing shall be separately broken up,

carefully removed, and stock piled or disposed of in accordance with Section 211 ofthese Specifications.

Grading requirements for sub base material to be reused shall be either grading A or

B as given below as directed by the Engineer:

Percentage passing in al labove gradings at#200 sieve shallbe l irnited to max. 15.

stone screening free from clay lumps, dirt oraggregate Shall be of the following gradati

IITIITIIIlITI

75 mm (3")

50 mm (2")

19 mm (314")

9 mm (3/8")

2 mm (No. 10)

100

30 - 100

10 -30

5 -20

0 -10

100

30 - 100

15 -60

15 -45

2*30

Fine aggregate (filler material or screenings) shall consist of natural sand or crushed

Single-S tage: Two-Envelope

Section 6 - Employer's Requiremcnls

IIItIIIIItIIIIIIII

'

III

7.3

7.3.1

7.3.2

The material passing No. 40 sieve shall have a liquid limit of not more than 25 and aplasticity index of not more than 6.

The blended material should have a 4 days soaked CBR yalue of not less than 30%determined according to MSHTO T-193 at a density of 9b%.

CBR testing will not apply where the grading of the material indicates less then 25%passing the 314" (19 mm) sieve.

Gonstruction Requirements

Spreading

The' material (subbase) shall be delivered to the roadbed as a uniform mixture.Segregation shall be avoided. during spreading and the final cornpacted layer shallbe free from concentrations of coarse or fine materials. Before spreading the subbase material, the exposed surface after the rernoval of water bound base / subbaseshall be scarified watered and compacted-to the required density and the paymentfor such compaction shall not be made separately and is included under this section.

The material shall be deposited on the roadbed in a quantity which will provide therequired compacted thickness without resorting to spotting, picking up or otherwiseshifting the sub base material.

where the required thickness is 15 cm or less, the aggregates may be spreac! andcompacted in one layer. Where the required thickness is more than 15 cm, theaggregates shall be spread and compacted in 2 (two) or more layers ofapproximately equal thickness, and the maximum compacted thickness of any onelayer shall not exceed 15 cm. All subsequent layers shall be spread and conrpactedin a similar manner.

The material shall be spread with equipment that will provide a uniform shape to thespecified section both transversely and longitudinally within the tolerances asspecified in relevant "Table for Tolerances" for sub base courses provided in theseSpecifications.

Compacting

*The moisture content of sub base material 3djusted prior to compaction-bywatering with approved sprinklersorder to obtain the required compaction.


drying out, as required, in

ItttIIIIIIIIIIIIII

.

III

7.3.3

7.3.4

The sub base material shall be compacted by means of arproved vibrating rollers orsteel wheel rollers (rubber tire rollers may be used as a supplement), progressinggradually from the outside towards the centre, except on superelevated curyes,where the rolling shall begin at the low side and progress to the high side. Eachsucceeding pass shall overlap the previous pass by at least one third of the rollerwidth. While the rolling progresses, the entire surface of each layer shall be properlyshaped and dressed with a motor grader, to attain a smooth surface conforming tothe required lines and grades.

Following the initial rolling, dry screenings shall be applied uniformly over thesurface. Dry rolling shall be continued while screenings are being applied. Thesurface shall be swept with mechanical or hand brooms to aid spreading of thescreenings.

When the interstices in the coarse aggregate are fill with screenings, the surfaceshall be sprinkled with water until it is saturated. The rolling, sprinkling andapplication of additional screenings shall continue until a grout is formed that fills allthe voids and forms a wave of grout in front of the roller.

Any areas inaccessible to rolling equipment shall be compacted by means ofmechanical tampers.

The compaction of the sub base layer shall be continued until the result issatisfactory to the Engineer.

lf the layer of sub base material, or part thereof does not conform to the requiredfinish, the contractor shall, at his own expense, rework, water, and recompact themateriaf before the next layer of the pavement structure is constructed.

lmmediately prior to the placing of the first layer of base course, the sub base layer(both under the travelled way and the shoulders) shall be to the required level and.shape. Any watering and reshaping of the surface of the sub base will be at theContractor's expense.

No material for construction of the base shall be laid until the sub base has beenapproved by the Engineer.

Gonstruction Control Testing

Tests for compliance with the requirements of Sub-Section T.3.Zwill be made asoften as deemed ni;bessary and to the satisfaction of the Engineer.

Trial Sections

At least 10 days before the main work of sub base construction is started theContractor shall spread and compact a trial section as directed by the Engineer. The

FERP-NCB.NO8

! o l\'\.1\iiu


ffi


IIIItItIIIIIIIIttIIIt

7.4

7.3.5

procedures that he proposes to use for the main work. One trial section of about 500square meters shall be made for every type of material and / or constructionequipment / procedure proposed for use.

Tolerance

The sub base shall be compacted to the desired level and cross slope as shown on

the Drawings. The tolerances shall be according to "Table for Allowable Tolerances"provided in these Specifications.


( i i )

Existing bituminous base course, surfacing and surface dressing shall beremoved in accordance with Section 209 of the Specifications and thequantities for this item shall be measured and paid under tlte pay itemincluded in Section 209.After the execution of above operation in accordance with section 209, theremovaf of existing water bound macadam / aggregate base course /subbase and its reuse as sub base in the new pavement structure shall bemeasured and paid as detailed below :

The quantity of the sub base to be paid for shall be measured in cu.m. of the volumeof the material derived from the existing base / subbase as shown on the Drawingsor approved by the Engineer. Any wastage / losses of the material d.ue to overexcavation during the removal of surfacing / surfdce dressing and other losses inderiving, transportation and stockpiling of the existing material for reuse as sub baseshall be replaced with additional new material, without any payment for thisadditional material.

The payment of this item will be deemed to include the cost of removal of-existingwater bound / aggregate base / subbase, transportation, stockpiling, blending andmixing with additional coarse or flne materials and crushing the oversize if requiredto bring it within the specified gradation and to cover up any wastage or lossesduring deriving of the existing materials, placing and compacting in accordance withthe Specification requirements. The payment of this item also includes thecompaction of exposed surface after removal of aggregate base course / waterbound macadam / subbase in accordance with the specification requirenrent.

The quantities determined as pi'ovided above shall be paid for at the Contract unitprice, for the pay item listed below and shown in the Bill of Quantities, which priceand payment shall be full compensation for all the costs necessary for propercompletion of the work prescribed in this Section

The quantities paid for under this Section shall be the quantities actually measuredfrom the existing pavement section before deri reuse in the new pavementas described above.

(i)


S€ction 6 - Employer's Requirements

IIIIIIIIIItIIIIIIIIII

sP-8

8 .1

The difference in the quantity of the material placed, laid and compacted betweentotal volurne of sub base and the volume of the existing base / surbbase materialderived, laid and cornpacted shall be paid for under the pay item included in Section201.

CONSTRUCTION OF EMBANKMENT IN POND AREAS

Descript ion

The work shall consist of placing Rock fill / Boulders under the embankment in pondareas upto a level 200 mm above the maximum pond level in accordance with thesespecifications and dimensions shown on the drawings or as directed by theEngineer's Representative.

Material Requirement

The material shall conform to the following specifications:

8.2

Size

. 6" (15.24 cm)3" (7.62cm)

1u (2.54 cm)Sieve No. 10

Construction Requirements

Percentage Passing

50 -70

20 -40

10 -20

0 -10

8.3

8.3.1

(a)

(b)

Before Comrnencement of Work of Filling the Fond Area

A dimensioned plan of the area within the R.O.W. shall be prepared.

Cross-sections in either direction shall be taken every 5 m, also marking thestanding water-level and the maximum water level determined from localenquir ies.

The volume of the Pond Area shall be calculated upto the level 200 mmabove the maximum water*level.

A sketch / drawing showing the Plan, Cross-sections and Volume of the Areashal l be prepared, which shal l be si -the Contractor's Agent and the

(c)

(d)

Single-Stage: Two-Envelope RP.NCB-NOB

Seclion 6 - Employer's Requirements o-.'u

IIIIIIIIIIIIIIIIIIIII

Engineer Representative in token of their check and countersigned by theEngineer and retained in permanent record as measLlrement sheets.

Fi l l ing of Pond and Embankment Construction8.3.2

(b)

(c)

(d)

8.3.3

sP-9

9.1

9.2

9.2.1

(a ) The initial layer of rock fill / boulders shall be placed into the pond manuallyor by end-tipping in the designated road area upto a level approximately 300

mm above standing water, permitting the rock fill to take its natural side-slope. The rock fill shall be compacted by rollers to ensure proper settlementand compaction, but not permitting the fill to go below the standing waterlevel.

A second layer of rock fill shall be placed which, after compaction, shall be150 mm to 200 mm above the standing water-level.

Subsequent layers, not exceeding 200 mm each, shall then be placed andcompacted to the designated requirements upto the required level.

Construction of road embankment above the rock-fill formation shall thenproceed in accordance with the specifications.


The nuantities to be paid for shall be the number of cubic meters in the volume ofembankment compacted in place as accepted by the Engineer's Representative.

The contract price shall constitute full compensation for all labour, tools, materialsand other items incidental to the satisfactory / proper completion of the workprescribed in this item.

CEMENT SAND PLASTER (1:3)

Descript ion

The work shall consist of furnishing all materials, equipment and labour required forundertaking plasterwork as shown in the drawing and in accordance with thesespecifications.

Materials Requirement

Portland Cernent

Portland Cement shall confirrn to the requirement set forth under item No. 401.2-1 ofNHA's General Specif ications, Volume-l l .

Single-Stage: Two-Envelope RP.NCB.NOs

lIItIItIItIIIItIIIItI

9.2.2

9.2.3

9.2.4

o ?

9.3.1

9.3.2

9.4

9.4.1

9.4.2

Sand

Sand in the mortar shall confirm to the requirement for the Fine Aggregate specified

in ftem 4A1.Z.Z of NHA's General Specifications and grading shall be according to

MSHTO M45.

Water

The water used in the preparation of mortar shall be free from objectionable

quantities of silt, organic matter or other impurities. No water shall be used without

the approval in writing of the Engineer.

Mortar

The mortar of plaster shall consist of one (1) part of Portland cement to three parts of

sand by volume and of sufficient water to produce the proper consistency for the

intended use.

Construction Requirement

Mixing of Mortar

Montar shall be mixed in sufficient quantities for imrnediate use. For other

construction requirement refer Clause 410.3.1 of NHA's General Specifications.

Gur ing

All plaster work shall be cured for. at least seven (7) days afier carrying out the

plaster work. The curing method shall be to the satisfaction of Engineer.

Measurement and PaYment

Measurement

The quantities to be measured in number of square meter of plaster work laid and

accepted.

Payment

The quantities measured as provided above shall be paid for at the contract unit

price listed below and shown in the Bill of Quantities, which prices and payment shall

be ful l compensation for furnishing al l materials, labour, equipment and incidental for

performing all the work involved under this item.


lIIIttIIIIIIIItItIIII

SP-10 PRESTRESSEDCONCRETESTR.T.'CTURES

10.1 Measurement and Payment

Notwithstanding the provisions of ltem 405 of General Specifications regardingfurnishing, pre-stressing, placing and tensioning of pre-stressing steel, transportationand launching in position, complete in all respects as indicated on the drar,vings anddirected by the Engineer, the pre-stressed members will be paid as under:

Hi

ii:

sP-11

11.1

11.2

11.3

11.4

sP-10(i)

sP-10(ii)

sF-10(ii i)

sP-10(iv)

SP-10(v)

PVG DR,AIN PIPE

Scope

The Contractor shall furnish andaccordance. with the plan of Bridge

Each

place PVC drain pipe (ASTM Standards) indeck, specifications and / or as directed by the

FERP-NCB.NOB

Engineer.

Materials

The PVC pipe shall conform to the requirements of ASTM Standard D 1785-03Schedule 80.

Construction

Where the pipe is used for bridge drains it shall be cast in the deck.

Measurement

in the work in accordance with the plansEngineer.

ns and as directed bv the

a.L\\rrt

Pre-stressed Girders 30 meters Long,Complete in all Respect

Pre-strcssed Girders 25 meters Long,Complete in all Respect

Pre-stressed Girders 20 meters Long,Complete in all Respect

Pre-stressed Girders 1B meters Long,Complete in all Respect

Pre=stressed Girders 16 meters Long,Complete in all Respect

The quantity to be paid for under this item will be in linear meter of pipe incorporated

1",).{rrirl, , -\". 'C

I-ii-"'',i,/ i'


Seclion 6 - Employer's Requiremonts

tIIIIttttIIItIItITIIt

11 .5

sP-12

12.1

12.2

12.3

Fayrnent

The unit price bid per number shall include the cost of furnishing all labour, materialsand equipment necessary to compleie the work.

flH+t,tt*.|ir;:i;lil9.Trj

SP_1 1

PVC PIPES FOR SERVICE

$cope

The Contractor shall furnish and place PVC pipes in accordance with the plan ofBridge deck, specifications and or as ordered by the Engineer.

Materials

The PVC pipeSchedule 40.

Construction

shall conform to the requirements of ASTM Standard D 1785-03

Where the pipe is used for services it shall be laid under the walkway as shown onthe drawings or as directed.by the Engineer.

12.4 Measurement

The quantity to be paid for under this item will be the net overall length of pipes andfittings as fixed in accordance with the plans and specificaiions and as directed bythe Engineer.

12.s Payment

The unit price bid per linear meter shall include the costmaterials and equipment necessary to complete the work.

of furnishing al l labour,

sP-13

13.1

REPAIR AND STRENGTHENING OF STRUCTURES

Descript ion

The work shall consist of furnishing al l materials, labour and equipment in performingall operations, in connection with the repair and strengthening of existing reinforcedconcrete, brickwork, masonry and steel structu

Providing and Fixing Utility Duct PVC Pipe(150 mrn Dia) including nylon Sting Line

Single-Stage: Two-Envelope Procurement of

ItIIttIItIIIIIIIIttII

Section G - Employor's Requirements

Condit ion Survey and Cleaning

The Contractor shall carryout the Condition Survey of the existing structures. For

each and every structure details of the elements alongwith their condition shall be

recorded and submitted to the Engineer for his decision. The details shall be in the

form drawings alongwith photographs. The Engineer shall decide the level and

details of rehabilitation required. No separate payment shall be made to the

Contractor on this account. The rates and prices submitted by the Contractor shall

be deemed to include the cost of all surveys and investigations.

Material

The materials for concrete shall conform to the requirements of Section 401 or

otherwise specified.

The materials for brickwork and masonry shall conform to tlre requirements of

Sections 410 respectively, or otherwise specified.

The reinforcement shall conform to the requirements of Section 404.

Epoxy resins shall be obtained from an approved manufacturer, suclt as Master

Builder Technologies, Sika, Fosroc or equivalent whose products have proven to be

hiEhly satisfactory in similar works.

The epoxy to be used shall conform to the manufacturer's specifications and to'the

following requirements :

To have mechanical strength and final appearance similar to that of the

replaced concrete.To be highly adhesive (adhesion greater than concrete tensile stress).

To have a modulus of elasticity 15 to 25% less than that of the replacedconcrete in order to ensure a proper bond.To be abrasion resistant.

13"2

13 .3

13.4

13.4.1

*

+

*

Anticorrosive epoxy paint, or approved equivalent, shall be used wherever thereinforcing steel is found to be uncovered.

Construction Requirements

Reinforced Concrete Repair

13.4.1.1 Ropair of Reinforced Concrete Surface or Masonry

Fine cracks shal l be f i l led up with the binding material epoxy, such as, non-ecting system. Other cracks shallshrinkage Master flow 524 or equivalent,

be routed out by cutting grooves, and non-shrink grout of plasticconsistency as directed by the Engineeq

FERP.NCB-NO8

Section 6 - Emplover's Requirements tl-J 5

ltItttIIIIIIItIIIIIII

13.4.'t"2 Repair of Corrosion Induced Reinforced Goncrete

Poor quality, deteriorated, unsound concrete shall be removed by using anyconcrete removal technique as per job specification, after adequate propping

of structure from the ground.The surface of the concrete shall be thot'oughly cleaned by approved rnethodin order to remove all dirt.Full circumference of corroded and exposed steel rebars shall be cleaned tobare metal.After the removal of concrete, the reinforcement shall be cleaned by sandblasting or any other equivalent approved technique to bare metal. Existingsteel shall be painted with an anti corrosive material or approved equivalent.Additional steeldowels shall be used to achieve required development.

13.4.1.3 Ropair of Cracked or Unsound Concrete

The rectificaticn of cracked or unsound concrete shall be carried out byplastering.All plaster shall be Portland cement plaster, all coats of which shall be mixedin the following proportions by volume or otherwise specified.

One part cement4 parts sand

Except where hand-mixing of small batches is approved by the Engineer,mechanical mixers of an approved type shall be used for the mixing of mortar.fulortar shall be thoroughly mixed with the! proper amount of water until uniform incolour and consistency. Retempering Will not be permitted. The walls shall bewashed with fresh water and shall be kept damp for 2 hours before the plaster isapplied. All masonry joints and concrete surfaces shall be properly prepared beforeplasterwork is commenced as per the directions of Engineer. Cement slurry shall beapplied to the surface to be plastered and allowed to dry before plasterwork iscommenced

All joints in the masonry work, which are to be plastered, shall be raked out to adepth equal to not less than the width of the joints or as directed by the Engineer.Care shall be taken to avoid chipping of masonry, while raking out the joints. In caseof neiv work, the raking out shall be done when mortar in joints is still green. Theconcrete surface shall be suitably roughened to provide necessary bound for plaster.All dirt, oil, grease, paint, etc. shall be cleaned and scrubbed with fresh water prior toplastering. Before commencement of plastering, the surface preparation shall be gotapproved in writing from the Engineer.

In case the thickness of plasler required is more than that specified in the respectiveitern, the same shall be carried out in two layers. G.l. hexagonal wire netting 24SWG X 314" (19 mm) shall be fixed over first layer by using 'U' nails or any othersuitable arrangement approved by the Engi f inished in l ine and level in thefinai layer. No addit ional payment shall thickness of plaster. The

t

*


ItttItIIIItIIIIIItItt

cost of providing G.l. netting and fixing shall be deemed to be included in the rates

and prices quoted by the Contractor.

patches of plaster size 150 mm x 150 mm shall be made at site about 2.0 m apart as

gauge to ensure even plaster in one plane.

In any continuous face of wall, finishing treatment of any type should be carried out

continuously and day-to-day breaker made to coincide with architectural breaks in

order to avoid unsightly junctions. The entire work, including moulding, grooves,

band, etc. shall be carried out in true line and level.

All plaster work shall be kept damp continuously for a period of 7 days. To prevent

excessive evaporation due to weather condition, gunny bags may be hung/kept over

the plaster and kept moist for a period of 7 days. In case the contractor fails to

carryout the curing work as specified, at any time, on any day, the Engineer shall,

without serving any separate notice, engage at the risk and cost of the contractor,

requisite labour, materials and equipment. The cost incurred towards curlng

operations made shallbe recovered from the Contractor.

The plaster on all surfaces shall be perfectly plumb and shall be steel floated

finished. The edges and corners shall represent a straight line. ltlo extra payment

shall be allowed for jambs, junctions, corners, edges, round surfaces, cement slurry

base etc. The rates and prices quoted by the Contractor shall be deemed to include

the cost of all materials, workmanship, labour, tools and plants and conformance of

the works to these specifications.

13.4.2 Brlckwork and Masonry Repair

13.4.2.1 Repair of Brick on Masonry Surface

It is intended to carryout flush pointing of the existing masonry walls of the culverts.

The mortar to be used for pointing shall be 1:3 cement, sand, mortar with enough

water content to make it workable. Sand, cement and water shall conform tb the

specifications laid down for the plaster work.

All joints are to raked out are cut out to a minimum depth of 25 mm. Joints which

have weathered back deeper or are friable must be cut back to a firm seating. lf theparts of the old masonry have weathered they must be replaced by the new nlasonrypieces fulfilling the requirements of brick masonry given in these specifications.

Prior to filling with new mortar pointing, the joint shall be cleaned out by carefulbrushing or the use of a pneumatic air l ine. The joint should be thoroughly f lushed outwith water from a large water spray using clean potable water to remove dust andloose material. Cement slurry shall be applied to effect bond between the pointing

mortar and old surfaces.

Spray fully cleaned joints with clean ';

placing new mortar to avoid undue suwater on a fine mist setting before

, dense non-porous brick ofdampened hawk board andsurface water. Push new stiff mortar

FERP.NCB-NOB

6 - J tSoction 6 - Employer's Requiremenls

IIIIIIITIIItIJItIIIII

13.4.3

13.4.4

iron in with maxirnum possible pressure, againstthe back of the old mortar.!oint. Use

appropriate (to suit joint widths) pointing keys rnade of flat steel, beaten-out rod or

wood or a traditional flat bladed brick jointer, and push in evenly for the full joint

width.

In case the loss of mortar in the old brick work is very deep the Contractor shall use

dry mortar with little water and push it into the joint using wooden hammers as much

as possible.

The Contractor shall be paid on the basis of the area to be pointed. The rates and

prices quoted by the Contractor shall be deemed to include the supply of all

rnaterials, labour, workmanship, tools and plants necessary to complete the works in

all respects.

Gonnecting old Concnete / Masonry using Dowel Bars

ln case it is necessary to connect the old concrete with the new concrete or old

masonry walls within new ones dowel bars shall be used. The dowel bars shall be

drilled into the old concrete / masonry parts as shown on the drawings. After tlte

drilling is complete the hole shall be filled with epoxy of approved specifications.

Replacing the old Expansion Joints

!n case it becomes necessary to replace the old expansion joints of the bridges they

shall be carefully removed by cutting a part of existing slab as shown on the-drawings by using hand tools. The old expansion joints shall be handed over to the

Employer. Care shall be taken not to damage the deck slabs as much as possible.

sP-13( i )

Ton

M

SM

SM

SM

P.NCB-NOB

Repair and strengthening of existing structures(bridges) :

(i) Repair of reinforced concrete surface ormasonry

(ii) Repair of Corrosion induced reinforcedconcrete

(iii) Repair of Cracked or Unsound Concrete(Repair of RCC slabs by plaster)

(a) upto 20 mm thick

(b) more lhan 20 mm thick upto 50 mm

(iv) Repair of brick one masonry surface

(v) Connecting Old Concrete / Masonry UsingDowel Bars

(vi) Replacing the Old


Section 6 - Emplover's Requirements

IItIttIlIIItIlItIIIIt

sP-I4

14.1

14.2

Descript ion

This work shall consist of the dismantling, removal, wnotty or in part, of bridges andculverts and the satisfactory disposal of all materials.

Gonstruction Requirements

The Ergineer following the indications on the Drawings and actual field verificationby contractor/consultant shall specify the extent of dismantling for each structure andthe Contractor shall raze, remove and dispose of all remains frorn the demolishedstructures.

The Engineer, with the agreement of the Employer, shall specify the material to besalvaged which shall become the property of the Employer.

Alldesignated salvageable materialshall be removed, without unnecessary damage,in sections or pieces which may be readily transported, and shall be stored by theContractor at specified places within the project limits. Salvaged material may bedisposed of outside the limits of view from the project with written permissions of theproperty owner on whose property the material is placed. Copies of all agreementswith property owners are to be furnished to the Engineer. Cavities left by structuralremoval shall be filled and compacted to the level of the surrounding ground.

sP-13(ii)

DEMOLITION OF EXISTING ERIDGES AND CULVERTS

Repair and strengthening of existing structures(culverts and causeways) :

(i) Repair of reinforced concrete surface ormasonry

Repair of Gorrosion induced reinforcedconcrete

Repair of Cracked or Unsound Concrete(Repair of RCC slabs by plaster)

(a) upto 20 mm thick

(b) more than 20 mm thick upto 50 mm

Repair of brick one masonry surface

Connecting Old Concrete / Masonry usingDowelBars

(vi) Replacing the Old E;pansion Joints


-.(')o1 !

FERP-NCB-NO8

IItIIIItItItIIIIIIItt

Section 6 - Employer's Requirsments 6-39

Concrete bridges and culverts in use by traffic shall not be removed until satisfactory

arrangemenls have been made to accommodate traffic. Unless otherwise directed,the sub-structures of existing structures shall be removed down to the naturalstream bottom and those parts outside of the stream shall be removed thirty (30)

centimetres below ground surface. Where such portions of existing structures bewholly or in part within the limits for a new structure, they shall be removed asnecessary to accommodate the construction of the proposed structure. Loosegabions and riprap shall be removed as shown on the Drawings and as directed bythe Engineer. The rock material, if found suitable, may be reused for new protection

works as approved by the Engineer. Steel and wooden bridges shall be carefullydismantled without unnecessary damage. Steel members shall be match marked,unless such match marking is waived by the Engineer. All salvage material shall bestored as previously specified.

14.3 Measurement and Payment

The work as described above shall be paid for at the Contract unit price as specifiedhereinafter, The payment shall constitute full compensation for demolition, removaland disposal of material as directed by the Engineer and for all labour, equipments,tools and incidentals necessary to complete the work.

sP-14(i)

sP-14(ii)

NoNoNoNoNoNoNo

sP-l5

1s.1

STEEL GRATING

Description

ln urban areas, steel grating shall be provided. In this case the fabrication andinstallation shall be done at locations shown in drawings or as directed by theEngineer.

The work will include all labor, materials and equipment required to furnish, fabricate,erect, complete in all respect and paint structural metal called foritem 413 of General Specification.

Measurement and Fayment

Measurement and payment for item shall be made as under:

Demolition of bridge

Demolition of culverts

(i) RCC Box Culverts, single Cell(ii) RCC Box Culverts, Two Cells(iii) Brick Masonry Arch Culverts(iv) Brick Masonry Box Culverts, Single Cell(v) Brick Masonry Box Culverts, Two Cells(vi) Brick Masonry Box Culverts, Three Cells(vii) Pipe Culvert

15.2

Procurement of Works ERP.NCB.NOS


IIttIIITIIIIIIIIIIIIt

sP-16

'16.1

16.2

sP-17

17 .1

OVERHEAD GANTR,Y SIGN

Scope

The work shall consist of providing, fabricating and installation of overhead gantry /Truss for information sign and sign panel as per drawings and materials conforminq

GeneralSpecification and as approved by Engineer.


The quantities measured shall be paid for at the contract unit price for thE pay itemslisted below, and as shown in the Bill of Quantities which price and payment shail befull compensation for furnishing all labour, materials, tools, equipment, and forexcavation, concreting, backfilling and erection of posts, provision and installation ofsign panels and all incidental costs including / painting necessary to complete thework as prescribed in this item and shown in the drawings complete in all respect.

CLEANING, CHANNELIZATION AND MINOR REPAIR OF EXISTINGSTRUCTUR,ES

Descript ion

The work under this item consists of cleaning and removal of all material includingdebris, garbage, litter or silting of soil, which have chocked the culverts and watercannot flow from either directions. lt will also include channelization on upstream anddownstream of structure, removal of vegetation, and minorelement, i.e. repair of wing wall, spalls and cracks repairs atdirected by the Engineer.

Single-Stage: Two-Envelope Procurement of Works -NCB-N08

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sP-l9

sP-20

sF-21

sP-22

DISPOSAL OF WASTE OF CONSTRUCTION MATERIAL

The contractor shall in consultation with and with the approval of Resident Engineer

(RE) of the Project, select and abide by the selection, a site for disposal of waste

construction material. Contravention to this clause may tantamount to material

dumped on a wrong site, at his own expense and pay a fine for his negligence.

ADJUSTMENT WITH UNSTABt.E LOCATIONS APPEARING DURING

CONSTRUCTION ESPECIALLY THE FOT.'NDATION

ln case an unstable location appears during construction, especially the road base,

the contractor shall immediately inform the Resident Engineer expressly providing

full technical details about the problem. The RE will inspect the site, preferably the

same day the report is received and will, if necessary, agree to make modifications

and changes in the design to stabilize the situation such as change in the depth of

foundation. Contractor will not make any changes in the specification without

express approval of RE.

Contravention to this provision will mean unauthorized construction carried out for

which RE will issue dismantling orders.

LOCATION OF !.ABOR CAMPS, MATERIAL DUMPS / DEPOTS, EQUIPMENT-

AND MACHTNERY YARDS, APPROACH ROADS AND ROUTES

NHA iand is available. for location of Labour Camps, Depots, Equipment and

Machinery Yards, Link Road or other activities related to these matters.

The Contractor will choose particular sites within the overall campus indicated in

consultation with RE. lf the Contractor chooses to locate his facilities on a private

land, he would himself be responsible for any compensation, resettlement andrehabilitation.

R,EHABILITATION OF CONSTRI.,'CTION AND EXTRACTION SITES

The Contractor shall carry out construction work exactly on the same site andaccording to the same design as provided in the Tender Documents. Also the camp

site, the material depot, the machinery and equipment yard, link roads, and borrow

areas shall, after the completion of the completion of construction, be restored andrehabilitated and brought to at least the same condition as before, in which thesewere handed over to the contract. A set of photographs and a video tape film shallbe prepared to show the pre*construction sites and post construction rehabilitatedsites. For any contravention of this clause the final payments and the securitiesdeposited shall not be released.

sP-23 DRAINAGE, ROADS, LINEAR FIXTURES CROSSED IMACHINERY MOVING TO AND FROM THE CONSTRUCTION

During the construction, if the Contractor's vehicles moving toconstruction site(s) cause any damage or disruption of services pertainin$


ISection 6 - Employer's Requir€m6nls

tIItIIIIIIIIIIIIIItI

sP-24

sP-25

sP-26

sP-27

paths, roads linear fixture e.g. transmission lines and fences, the Contractor shall get

the damage repaired and services reslored within 24 hours of the damage, failingwhich the RE will get an assessment of the damage and losses and debit thatamount to Gontractors account and the next payment shall be made to Contractorafter deducting the debited amount.

DUMPING OF WASTER CONSTRUCTION MATERIAL ON ANY BUILDING,HOUSE, GRAVEYARD, ARCHAEOLOGICAL SITE (ESTABLISHED OR NEWLYFOUND), UNSTABLE SLOPES, UN-COMPACTED EMBANKMENT OR LEAKINGINTO CONSTRUCTION AREA

The Contractor shall be contractually bound to not allow or cause discharges, spilldumping on any buildinE house, graveyard, archaeological site (established or newlyfound), unstable slopes, un-compacted embankment or leakage into theconstruction area.

Any such failure shall be duly noted by RE during site inspections and contractorshall immediately remedy the situation failing which the payment of the contractorshall be with-held and the damage so caused shall be debited to contractor'saccount under the contractual provisions.

DTESEL AND OTHER FLUIDS SPILLING OVER TO SOIL FRCIM CONSTRUCTIONMACi-:INERY

The Contractor shall ensure that his construction machinery is always in first classworking order and no spilling of diesel or any other fluids onto the soil as cauied bythe defective machinery of the contractor. For any such spill the contractor shall paythe environmental compensation to be assessed by RE in consultation with EPASindh and Punjab and the said amount shall be debited towards the payment of ,thecontractor.

PRoTECTTON OF CONSTRUCTTON WORK FROM FLOODS (lF ANY)

The floods in the area not frequent, however, the contractor shall, throughout theconstruction work, manage to keep an eye on the flood position of the road and shallremain in touch with flood control centre and remain equipped with means andequipment for taking protective measures to protect the works under construction.NHA shall not be responsible for any damage caused by future floods and any workswashed away shall be reconstructed by the contractor at his own cost within thetenure of the contract. However as this is the part of rehabilitation after 2010 floodsthe affected area may be floc'ced again. The contractors arefuture flood losses with modern engineering practices.

PROVIDING DIVERSION OF TRAFFIC FROM MAIN ROAD

The Contractor shall, in consultation with RE provide proper tncollaboration with traffic authoritles, any negligence on the part of on anydamajes or losses caused due to this negligence shall be borne by the contractor.

any

Single-StaEe: Two-Envelope Procurement of Works RP-NCB-NOB

Section 6 - Ernployer's Requirements 644

IIIIIIItt

sF-28

sP-29

CONTROL ON AIR QUALITY BY NOT ALLOWING MACHINERY TO CAIJSEDUST, SMOKE OR NOISE POLLUTION

The Contractor shall not cause deterioration of air quality by using old or illmaintained machinery which raises excessive dust, produce excessive smoke orcause excessive noise pollution. The Contractor shall follow strict standards ofmaintenance of machinery; provide qualified and trained drivers and operations forthe vehicles. The Contractor shall also sprinkle water on Kacha roads to be used aslink roads, and sites where the earth is to be dumped. The Contractor shall provideprotective masks to his work force.

Failure to do so shalt be taken as serious contravention of the contract and shallcause the payment to be deferred till the correction of the situation.

CONTROL OF DUST OR OTHER POLLUTANTS FROM STORED MATERIALS,MATERIAL DEPOTS OR SPOIL HEAFS

The Contractor shall :

(a) Locate his material depots and spoil dumps as far away from the villages /community "Dears" as possible.

IIIIIIIIIII

(b) Keep all such materials covered for effective control of the fugitive dust

Failing to do that, the Contractor will bear the cost which may have to be incurred onarranging remedy to defaults.

SF-30 USE OF OUTDATED MACHINERY

The Oontractor shall obtain a certificate from Vehicle Examiner working under theRE but paid by the.Contractor, that all the machinery employed is either new or infirst class fitness condition so as not to cause smoke or oil leakages. RE will notallow the use of any outdated machinery.

'

SP-31 TO PROTECT THE BIOLOGICAL RESOURCES

The Contractor will ensure that :

(b)

(c)

(a)

No fire arms are carried by any of the employees or labour

Unnecessary and out of bound activities / movements are not done outsidethe campus allotted to him for setting-up the labour camp, material depotsand machinery yard.

All Forest, Wildlife and Fisheries Laws are fullyContractor and his work force.

Singie-S tage; Two-Envelope Procurement of Works

Section 6 - Employeds Requirements

tIItIIIIIttIItIIIItIt

(e)

(0

(g)

(h)

(d) The Biodiversity is respected and saved on its terrestrial, aquatic and aerialhabitats.

Necessary sign boards are displayed to remind labour, visitors and membersof public their obligations towards Biota.

Inspections by Wildlife, Forest and Fisheries Officers are facilitated in campsto facilitate a proper implementation of relevant Laws.

Communities are given awareness and are involved in proper protection ofthe Biota inside and around the Project site.

Any contravention to any of the above sub-clauses will be considered asbreach of contract and lead to disqualification of the Contractor.

RESPECT FOR SOCIO-ECONOMIC AND CULTURAL VALUES AND hIERITAGE

The Contractor shall be bound to :

(a) Ensure that no damage or disruption is cause that may affect socialinfrastructure or public services being provided to the people, e.9., education,health, electricity supply, drinking water supply, facilities for public gatheringor religious congregations.

Ensure the Contractor or his employees remain above the local Tribaltensions especially the strife's over distribution of canal water and use ofaquatic life.

Ensure that existing ownership of land around the Project is respected.

Ensure that if some construction material has to be procured from a througha member of local community, it must be by a proper Social FrameworkAgreement with cornmunities.

Ensure that no damage or adverse effect is caused to archaeological(present of chance find) sites, graveyards and burial places.

PUBLIC SAFEW, }IEALTH AND SAFETY AT CONSTRUCT SITE, INCLUDINGMEASURES AGAIN$T I.IIV/AIDS AND LIFE INSURANCE

The Contractor shall :

(a) Fut up ternporary but prominent sign boards project activity areawarning people against likely hazards rvhi due to certainactivities

sP-32

sP-33

(b)

(c)

(d)

(e)

Single-Stage: Two-Envelope Procurement of Works P-NCB.NO8

Section 6 - Employer's R€ouirements

(b)

(c)

(d)

(e)

(0

(g)

Itt

IIItIItIItIIt!ttI

Arrange to run a proper campaign in the labour camp, to make people aware

of the causes, mode of transmission and consequences of HlViAlDs.

:ffJ:''H[t1fi";:,;]'" BHrJs ro' tn" benent or the rabour as werr as the

Ensure proper cleanliness and hygienic conditions at labour camps by

ensuring a clean mess, proper drainage and suitable disposal of sol id waste.

lnoculation against Cholera will be arranEed at intervals as recommended by

Health Department.

Keep all the camps, offices, material depots, machinery yards and site open

for the inspection of health and safety rneasures, and related documents and

include in the contract document the text regarding accessibility to the campsetc, Provide proper overall, helmet and field boots and earplugs to workers as

a precaution against any mishap, and interlink various parts of theconstruction complex with local wireless telephone also fitted in the Vehicles.

Provide a group insurance cover to the workers and labour on site or in the

camp, against accidents, mishaps or loss of life on duty.

Ensure anti-larval sprays against mosquitoes surge, especially to avoid the

incidence of rnalaria and dengue.

EMPLOYMENT OF LOCALS IN THE CONSTRUCTION WORK

The Contractor as an obligation of the Contract will employ, subject to availabilityand work ability, maximum number of local labor for construction work.

sP*34

Single-Stage: Two-Envelope Procurement of Works FERP-NCB-NO8

SprctRcnnons * Spgcru- PRovtslotts

TABLFOF CONTENT$

SP;35 Making Weep hole 6" x 6- as per drawings ..............". .....'.."...... 02

SP*36 Water $tops 225mrn WidE .......... ............ ..,......,...-.. ..... i ,....,..."........

.......... 0Z

SP*07 Providing & Fixing expansion joint complete as per drawings, specification & direction ofthe Eng|neer................ ..............:.... ...... 02

SP-38 PremouHed Joint Filler 12mm Thick with Blturnastic Joint Seal... ......,.......... 03

SP-39 N-65 Expansion joint with integml fixing ..........,....... 03

SP-40 Providing & fxing ehear connector including cost of drilling, welding & Nlrt-$hrinkagegrouts etc", complete a6 per specifhationg drawings & drarnringa of the Engineer. ......... 03

$P*41 Providing, laying and fixing in proper position Rain Water pipe 100mm Dia 400mm long(UPVC Pipe)....."... .......,..... 04

SP-42 Premoulded Joint Filler 12mm Thick wih Bitumastic joint seal..... .,,...."......... 04

SF*43 $oil Invostigation in detai|.,.................,. i ........,, i ..,!......,..,...,.......,........ .......,..,. 0$

SP*{4 Maintenance of Temporary Road ......... 00

SP€5 MAKING WEEF HOLE 6" X E'A$ PER DRAWING$

A PVC pipe of Diameter = 75mm has been provided as Weep Hole in Retaining Wall. Toavoid chocking of the vleep holb, a box cover of 6" x 6" Dimension made of GranularMaterial will be construded by the contractor on the start of weep hole at filling side.

The contractor will be responsible for Constructbn of above mentioned agsembly oJ Weephole as per drawings. The rate of the provision inOudii the Rate of Material & Laborcomplete in allrespect, .: ,

The following item is provided for Making Weep hole, as shorn in the drawings or asdirected by the Engineer.

Pay ltemNo.

l)rescrlPtlon Unit ofMeasurernent

sP-35 Making Weep Hole 6" x6o a$ perdrawings Rrn.

SP-30 WATER STOP$ 225M[I WIDE

The contractor will be respqnsible for proWing the Water $topper of Width = 225mmwhere there will be a constrrrction joint or any other area"as strovyn in tlre drarvings. Therate of this provision includos the rate of Materiatand Labor complete in all respct.

The follornring item is provided for the Water Sbps l2$mnr Wide, as shonn in thedrawings or as dirccded bythe Engineer.

Pay ltemNo. Descripffon Unit of

Meagurement

sp-38

$P-36 Water Stops ?25mm Wide Rm"

PREMOULDED JOINT FILLER {zMiil THICK BITUMASTIC JOINT SEAL

The Contractor will h responsible for Cutting and cleaning the surltace oJ conerete andthen filling it with ffre Joint filler of t2mm thickness. Thq rtate of thie protiision inCludes thorate of Materialand Labor complote in all respect.

The following item is provided for Pre-msulded Joint Filler as sho$m in the drawing$ or a$directed by the Engineer.

Pay ltemNo. Descrlptlon Unit of

lllea*urement

8P-S8Premouldod Joint Filler 12mm Thick Bitumastic Joint

sqm.

Pay ltemNo.

DescdptionUnit of

Measurement

sP-37Providing & Fixing Expanslon Joint complete as perDrawing, Specification & Direction of the Engineer

Rm.

sP-38PREMOULDED JOINT FILLER {2MM THICK BIIUIIIASTIC JOINT SEAL

The Gontractor will be responsible for Cutting and.cleaning the surface of concrete andthen filling it with the Joint filler of 12mm thickness. The rate of this provision includes therate of Material and Labor complete in all respect

The following item is provided for Pre-moulded Joint FfllgL as shown in the drawings or asdirected by the Engineer.

\.Pay ltem

No.Deocrlption

Unit ofilleaeurement

sP*38 Premoulded Joint Filler 12mm Thick Bitumastic Jointseal

uqm'

SP€9 N.65 $(PANSION JOINT WITH INTEGRAL FIXING

The assembly for expansion joint consisting of the cage of rqinforced bars will be madeand fixed in the re@ss on the deck slab at the location where expansion joint wilt beprovided.

The Contractor will be responsible for executing the expansion joint as per approveddrawing. The rate of this provision includes the rate of Material, Equipment & Laborcomplete in allrepect.

The following item is prwided for N€5 Expansion Joint as shown in the drawings or asdirected by the Engineer.t

Pay ltemNo.

Description Unit ofMeasurement

sP-39 N€5 Expansion Joint Wttfi lntegral Fixing Rm.

SP4O PROVIDING & FIXING $HEAR GONNECTOR

In case of strengthening the old conorete structure$, shear conneclors will play their roleby joining the new and old reinforcement making it a moriiiitnic structure.

The Contractor will be responsible for providing and fixing of the shear connector whichwill consist of Drilling, cleaning the hole, provHingexisting steel and ftlling the hole with the Shrinkage

3

agent on theanti

The rate of this provision includes the nate of Material, Labor and Equipment complete in:allrespect.

The following itern is provided for Shear Connector's as shnrrn in the dnnwings or aadirected by the Engineer.

Pay ltemNo.

Deecrlptlon . Unit ofMeasurement

SP*40

Providing & lixing shear connector including cost ofDrilling, Welding and NM-Shrinkage Grout etc.,

complete as per specification, drawing"and directisnof Englneer

Nos.

sP4{ PROVIDING, I..AYING AilD FIXING IN PROPER POSITIQN RAIN WATER FIFE'IOOiIIMDrA 4ooil,rilt L0NG (UPVC P|PE)

UPVC pipe will be provided and fixed in the deck of the bridge for faciliftating the drainageof rain water. The contractor will be responsible for providing the material according to thespecifications and laying it ao perdrarrvings.

The rate of this provision includes the nate of Material, Equipment and Labor @mplete inallrespect.

The following item is provlded for Rain Water pipe as shoum in the dnawings oras directedby the Engineer.

Pay ltemNo. Pescription Unit of

Meagurement

SP*41Providing, Laying and Fixing in proper position RainWater Pipe 100mm Dia 400mm Long (UPVC Pipe)

Nos.

sP42 PREMOULDED JOINT FILLER {2[IM THICK B.|TUMASTIC JOINT SEAL

The'Contrac'tor will be responsible for Cutting and cleaning the surface of concrete andthen filling it with the Joirt liller of 12mm thickness. The rate of this provision includes therate of Matorial and Labor,complete in all respect.

The following item is provided for Pre-moulded Joint Filler as shown in the drarings or asdirected by the Engineer.

Pay ltemNo.

Descrlption Unlt ofMeasurement

Premoulded Joint Filler 12mm Thick Bitumastic Joint$eal

sP-42 sqm.

t

8P*01! SOIL INVESTIGATION lN DETAIL

The Soil investigation will include the follorrling;

i) 4' Diameter Erilling Rotary Wash Boring up to required depth

i0 SPT at 1.5 m interval

iiD Presenration and Transportation of Disturbed $ayglesto Approved Lab

w) Collection & Transportation of Un-Disturbe<l Soil $amples to approved lab

v) Collection & Preservationof WaterSample.

Follodng Test will be conducted on the Soil Samptes;

i) Grain SizeAnalysis

iD Atterberg Limits

iii) NaturalMoisture Content

iv) Specific Gravity

v) Unit Weight

vi) Unconfined Compression Test

vii) Direct ShearTest

viii) Tri-axialTest

ix) chemicaltests (sulphate, chloride and pH Test on soiland water)

The oontractor will be responsible for conduc'ting all the tests as stated above and at theend will also be responsible for the Preparation of Geo-technical Report oomplete in allrespect.

The'following item is provided for Soilinvestigation as directed by the Engineer.

t

Pay ltemNo. Description Unit of

Measuremsnt

SP-43 Soil Investigation in detail

8P44 MAINTENATIICE OF THMPSRARV ROAD

The contrnctor wiNf bo re$pon$ible fqrthe CanstruElion & Maintenanco of Tsmpornry roadwhish will be constructed for facilltating the diverted lfff'r" due to the sCInstruction ofBridge. lt will aho be responsible for the safe and smocflh flow of tnffic by prwiding theproper mad tumlturo induding Traffic $igns End Llghting etc

The following ltem ip prqvided Maintenance of Temporary Raad as directed by theEngineer.

Pay ft;rrNo,

OeecriptlonUnitof

llleesur,ement

Maintenance of ternporary Road Lump $um


Drawings



S u pplementa ry I nformationRegarding Works to Be Procured

Single-Stage: Two-Envelope Procurement of Works Bidding Documeii t B/PNHRP/N-50 lP ackage-4

Section 6 - Employer's Requirements 6,5

Personnel Requirements

Using Form PER-I and PER-2 in Sect ion 4 (Bidding Forms), the Bidder must demonstrate for projectthat i t has personnel who meet the fol lowing requirements.

No. Posit ionTotal WorkExperience

lyearsl

Experience InSimilar Work

[years]

1 Project Manager 20 10

Z Deputy Project Engineer/Planning Engineer '10 5

Material Engineer 10

4 Structure Engineer 10

5 Highway Engineer 1 n

6 Qualified / Experienced Surveyors (2 Nos) 1 5 10

Note: Al l engineers whether foreign or local must be registered with Pakistan Engineering Counci l (PEC)Copy of registration certificate shall be required to be submitted to Employer prior to starting anyactivity at site


b-o Section 6 - Employer's Requirements

Equipment Requirements

Using Form EQU in Section 4 (Bidding Forms), the Bidder must demonstrate for project that it has thekey equipment listed below:

No. Equipment Type and Characterist ics Minimum Number Required

1 Concrete Batching Plant (35 Cu.m/hr minimum) 4I

a Crane 20 ton 1

Concrete Pump 1

4 Concrete Transit Mixer (6 Cu.m Minimum)

6 Complete Set of Shutter ing & scaffolding (Steel) '100 Sq.m 1

6 Asphalt plant 1

7 Asphalt paver 1

R Rollers (Asphalt and Earthwork) 10

v Graders

10 Dump Trucks 20

1 1 Wheel Loaders 4

12 Excavators 4

I J Bull Dozers 4

1 4 Bitumen Sprayers 2

1 5 Lane Marking Machines


Environmental Management Plan

Bidd ing Document for NCB/PNHRP/N-50/Package-4 Procurement of Works Single-Stage: Two-Envelope

tIIIIIIIIIItItItIIIII

1 .0

Section 6 - Ernployer's Requirements 6-49

Environrnental Manage!'nent Plan

GENERAL

This section contains the Environmental Management Plan (MPA) for the Rehabilitationand Reconstruction of flood damaged Road sections and Bridges on National Highway(Souih Package) Project. lt has two components viz:

o Mitigation Plano Monitoring Programme

Most of the mitigation activities proposed in EMP will be assured under provisions in theconstruction contract, engineering supervision contract and necessary agreement withthe communities. Although there is strong community support and demand for thereconstruction of these roads, which must be mobilized to implement this EMP.

MITIGATION PLAN

The EMP is a plan of action for mitigation / management / avoidance of the negativeimpacts of the project and enhancement of the project corridors. For each measure to be

laken, its location, timeframe, implementation and overseeing / supervisionresponsibilities are listed. These components of the EMP have been given in Table - 2.1which explains the environmental issues and the avoidance / rnitigation / minimization orenhancement measures adopted and / or to be adopted during different phases of theproject. lt is important to understand that this project is about the rehabilitation of theexisting roads damaged because of devastative floods in 2010. Therefore, thiscatastrophe'gieatly influenced the social life of the people and their communication isbeing seriously hampered by inaccessible and broken roads. This need to be restoredvery quickly under current environmental practice as defined by Federal EPA and ADB.

. TAB!-E-2.1: THE ENVIRONMENTAI- MANAGEMENT PLAN (EMP)

2.O

'rsr..Niii,

1 . j i ' . r i t ,

PRIOR TO START OF CONSTRUCTION ACTNIryI Comprehensive

damage asscssmenlof floods affectedRoads

To be documented with the help ofsatellite data and field observations

TheContractors

NHA ADB Cost reflect in BOQ(Bill of quantities ortender document),according toexisling rates ofsateliite vendor

t Dismantling of roadside skuclures wilhinacquired Right of way,only if the areaencroached afler2010

Warning to alfactees to evacuate theROWs

TheConlractors

,ffi'

NHA

N..

Included tnconstruction costand reflected in800

J Relocation of Utilities(little chance of anyrelocation)

Underground and over head utilities are tobe shifted as per local laws, priorpermission should obtained from regionaloffices of concerned denartments likeElectricily, Telecommunications, andWater works etc.

xf,,

Relocation costwithin righl of way,to be incurred byNHA

Single-Stage: Two-Envelope Procurement of W*ggLz

orksrtqff!

l '3 FERP-NCB-NoB

$.li+.?c- k .l$il l i

.;L>r;;"'

Section 6 - Employer's Requirernenls

IIIl,IIIIIIIIIIIIIIIII

llp.lllpilng.

,i{lllt'r:.i. Embankment slopes to be covered

with turfing / stone pilchingimmediatelv after completion

3 Equipment Selectionmaintenance andoperation

Construction plant and equipment willmeet recognized international standardsfor emissions and will be mainlained andoperated in a manner lhat ensures lhatrelevant air, noise, and dischargerequlations are met accordinq to NEQS.

TheConlractors

NHA Cost reflected inBOQ

4 Soil Erosion an(Sedimentalion control

Main reason of soil erosion is rains /monsoon, conlractor should plan theactivities so that N0 bare / loose earlhsurface is lefl out before lhe onset of nextmonsoon, for minimizing the soil erosionfollowing preventive measures lo be takensuch as :* Embankment slopes lo be covered,

soon after completion* Next layer / activity to be planned,

soon after completion of, clearing andgrubbing, laying of embankment layer,sub grade layer, sub base layer,scarification etc.

* Top soil from borrow area, Debrisdisposal sites; bonow arca,constructiort sile lo be protected /covered for soil erosion.

* Debris due to excavalion offoundalion,' dismanlling of existingcross drainage structure will beremoved from the water coursesimmediately.

t Diversions for bridges will be removedfrom the water courses before the lonsel ofmonsoon. I

TheContractors


5 Loss of agricullurallopsoil (appropriateonly in few cases)

All areas of cutting and all areas to bepermanently covered will be stripped to adepth of 150 mm and stored in stockpile.Top soil will be safeguard from erosionand will be reused as follows :* Covering all borrow areas after

excavation is over.* Dressing of slopes of road

embankments.l Agricultural fields, acquired

lemoorarilv.

TheCohtraclors


o Compaclion of Soiland Damage toVegetalion

Construction vehicles should operalewilhin the Conidor of lmpact avoidingdamage to soiland vegetation.0iversions, access road used will beredeveloped by contractor, lo lhssatisfaclion of the owner / villaoers.

TheContraclors

NHA Cost reflected inBO0

aI Contamination of soil Guidelines of "Hazardous wasle

(management and handling) rule will beenforced.Plant to be setup 500 meters away fromsurface waler bodies.Oil interceptor will be instailed at plant siteand truck lay bye.Septic lank will be constructed for safe

ffi Cost reflected inBOQ

\' u=ll,f

x\^* /

4"d\,4

Single-Stage: Two-Envelope Procurement of Works N08

lSection 6 - Employer's Requirements

IIIIttIIIlIITIIIItIt

' ' . i ' C o s t : , ;t . . i , . : 1 : l , . . \ , , , , ; : , , . , ^ : t

i t , a j . r ' , , ' , .

i . r : 1 . . r ! . j i l : . r 1 ,

disposal of wasle.Scarified Bituminous waste will be reusefor base course in cross roads andiunction imorovement of qravel roads.

o Bonow pits No bcnow pit will be opened without thepermission of supervision consultant.Before opening additional borrow pits,ooeratino oits shall be closed.

TheContractors

NHA No additional cost,already reflected inBOQ

a 1) Quarrying2) Materialsources

1. Quarrying will be carried out atapproved and licensed quaries only.2. As far as possible contractor will usethe material from the approved Materialsources.

TheContractors

NHA No additional cost,already reflected inBOQ

1 0 Loss of water bodies(Surface / Ground)

* No excavalion from lhe bund andembankment of the water bodies.

* No debris disposal near, any waterbody or wet land.

* Construction labours should berestricted from polluling the source ormisusing the source.

.i' Shifting of source lo be completedprior to the disruption of the actuals0urce.

* Source to be replaced immediately, incase of accidenlal loss.

* Alternate measures to be taken /ensured during disrupted period.

.1. Enhancement of Road side utilitieslike hand pump and water taps,providing soak pils at all hand pumplocalions in working condilions or asdirected by Resident Enqineer.

TheContractors

NHA Cost estimales arenot required(Advisory)

11 Alteration of drainage .1. Diversions should be constructedduring dry season, wilh adequatedrainage facility, and will becompletely removed before the onsetof monsoon.

* Debris generated due lo theexcavation of foundation or due to thedismaniling of existing structureshould be removed from the waterc0urses.

.1. Silt fencing has to be provided on themouth of discharge into naturalstreams.

{. Continuous drain (lined / unlined) isprovided, obstruction if any, to beremoved immediatelv.

TheContractors

NHA Cost reflected in800

l z Runoff and drainage * Throughoul monsoon uninleruptedcontinuous drain to be functional.

* Lined drain to be provided at buiit uplocations for quick drainage.

* Increased runoff dus to increasedimpewious surface is counteredthrough increased pervious surfacearea lhrouoh soak pits

TheContractors

NHA Cost estimates arenot required(Advisory)

13 Water requirement forproject

* Contractors have to provide lisl ofsources (surface / ground).

* Prior to use of source, contractorsshould obtain the writlen oermissionffis Cost estimates are

not required(Advisory)

i+

wi 1ij':i"" I B.NOB

l l r . ! i i r

Single-Stage: Two-Envelope Procuremenl of

f i l r C r F ' l : Eri: i\ rl.ti ri

,; - ,;

' i . : ' + ) i : z ( ' * *'y:.', '-f,r:.


tIIl,IIIIItItIIIIIIIIt

,,, Eqylqgnpg.11th[; ll

:iilnff:,l vff;l|r Propossd Mitigatioq,tuleasuios.j.::; '

: r " . , . . : ' . : . . : r ' , . : . ; ! ; : j . ' i . : : , 1 : t ) i l ;1 . . ,1 " i . ' , . , .1 i1 ' ' j r ' i " . ; .' . 1 : : .1 , , , , . . , : , 1 , i . i : t . ' : - : : : / J i ;1 , j . : :1 . j : : : : : ; i? . : .1 : r < - , : , : : : ; l' 1

; '1 . . . ' ' : i l .5 ' i t . : r ' . i " i : : ' t l i " i . " . i , . , . : . : l : r . j i ; r . . , . ! : : ' .d / '1 , i

MpltlotiFg

ir1,9liry;ii'( l , , Cost ' t - : . ,

" , l r n ; ' + . " . ; r r ' 1 r ' ii;'

from the concemed authority, to usethe water in conslruction activity.

'i During construction only permittedquantity (permission taken) fromapproved sou[ces should be used inconstruction activity.

* Contractors to ensure optimum use ofwater; discourage labour fromwastaqe of water.

l . l Silling / sedimenlation* Silt fencino to be orovided. TheContraclors

NHA Cost reflected inBOQSr.

No. LocailonLongthIaooror] Remarks

1

z

4

Top soilstorage

Eonowarea sils

SurlaceWaterbodies

)lant Site

300 m

100 m

300 m

.|00 m

Around the periphery olstorage yardAlong the length ofbonow ar€a in downslope diroclionEquals to diameler /lsnglh of as instruclod hyEngineer.In down slope direclion offine material

.3. Construction activities should bestopped near water bodies duringmonsoon.

, f E Contaminationwater

.1. Construction work close to waterbodies should be avoided duringmonsoon.

t Labour camps are to be located awayfrom water bodies.

.i. Vehicle washing / workshops nearwater bodies are lo be avoided.

TheContraclors

NHA Cost estimates arenot required(Advisory)

t o Noise .!. Noisg standard at processing sites,e.9., aggregate crushing plants,balching plant, hot mix plants are lobe strictly monitored to preventexceeding of noise standards.

.l Workers in lhe vicinity of skong noiseto wear proleclors and their workingtime should be limited as a safelymeasure.

* Machinery and vehicles should bemainlain-ed to keep their noise to aminimum,

* Noise barrier to be construcled alnoise sensitive locations.

+ 'HORN PROH|B|TI0N" sign post tobe erecled accordingly.

* Rumble skips / speed breaker to beorovided.

TheContraclors


17 Loss of trees andAvenue Planting

t Trees felled should be cut in logs andstacked species wise as instructed byemployer.

* Avenue plantation has lo be laken upsoon after completion of civil works.

* All the realignment sections are lo beenhanced with landscaping andperipheral tree plantation.

* Community slructures have to beenhanced with plantation.

* Contraclor has lo ensure lhat no hees/ branches to be fell by labourer forfuel, warmlh durinq winter. Enouoh

TheContraclors

@l l - I

f ls{i\e\%


;.1 :t-

f,! ;.r!

Single-Stage: Two-Envelope Procurement of Works B.NOB

l f l ' ' !r: u ;i:q,.\--1';.,r

..f. n \ d f 1 r - a r

v/41*rrr{.

Requiremants

IItIIIIIIIIIIIIIIIItI

n{al;ii?iiioill:i,riiiiii,u,j

' . :;. ,; ' ;Qs5l :1 . '1' ;

. ! . . . - ' " . , 1 ^ , r . . . i . . . t r . , . ,. 1 j ; i . 1 . l L : . . . ' j r ; , r . r i . , ,

t ; : ; " , - . " : : . . . t t i , , . ; ' i : . l : f . i

provision of fuel to be ensured.tfance Clearing and grubbing should be

avoided beyond that which is directlyrequired for conslruction activities.Next activity to be planned / startedimmediaiely, to avoid dust generationand soil erosion during monsoon.Turfing / re-vegelation to be startedsoon after completion ofembankment.

TheConkactors


* Construclion workers must prolectnatural resources & wild animals.

* Hunting to be prohibited,* Nesting grounds & migratory paths lo

be protected..i Special cares should be given to the

indiqenous flora.

TheContractors

NHA No cost estimatesrequired onlyadvisory

rmunity.i. Precaulions should be taken duringconstruction, for accidental loss /damage of any communal property.

+ Any loss during construclion will bethe sole responsibility of conlractorand the damage will be repairedimmedialely up to the satisfaction ofpeople, at contracto/s own cost.

* Through access / identifica{ion shouldbe maintained durino construction.

TheContraclors


rities .i" Bus shelter al all built up locations, incase already existing; lhe same will

be repaired and rehabilitated,* Pedeshian crossing is provided at

major setllement locations, providingzebra crossing, sign posls and speedbreakers.

* Junctions for Landscaoina

TheContraclors

NHA Cost reflected inBOO

withrrials

COMPLIANCE with'Rules" as defined inEnvironmenlal (Protection) Acl, 1997.

TheContraclors

NHA To be included inoperalion andmaintenance cosi

PHASEI * Dust generation due to vehicle wheel

will be reduced due lo increased /widened pavod surfaco.

* Avenue plantation to be maintained,casuallies to be replaced.

* Avenue plantation includes specieshaving dust absorption characteristic.

* Communily properties andrealignment localions has beenproposed for peripheral plantation andlandscaping.

* Mainlenance ofroads lo be ensured.

NHA andForest Dept

NHA To be included inoperation andmaintenance cost

Procurement of Works -NCB.NOB

IIItIIIIIIIIIIIIIIIII

of fuel to be ensured.Cost reflecled in800

TheContractors

Cleanng arld grubbing should beavoided beyond that which is directlyrequired for construction activities'Next activity to be planned / startedimmediately, to avoid dust generationand soil erosion during monsoon.Turfing / re-vegetation to be startedsoon after comPletion of

Vegetaiion clearance

No cost estimatesrequired onlYadvisorynatural resources & wild animals.

.! Hunting to be Prohibited.

.1. Nesting grounds & migratory paths tobe protected.

* Special cares should be given to the

.3. Construction workers must protect

Cost reflected inBOQ

TheContractors

.:. Precautions should be taken duringconstruction, for accidental loss /damage of anY communal ProPertY.

* Any loss during construction will bethe sole responsibility of contractorand lhe damage will be rePairedimmediately up to the satisfaction ofpeople, at contractor's own cosl.

* ihrough access / identification shouldbe maintained during construction

Sensitive CommunitYStructures

Cost reflected inBOQ

.:. Bus snetter at all built up locations' incase already existing; the same willbe repaired and rehabilitated.

* Pedestrian crossing is provided atmajor settlement locations, providingzebra crossing, sign posts and speedbreakers.

Road side amenities

To be included inoperation andmaintenance cost

COMPLIANCE with "Rules" as defined inEnvironmenlal (Protection) Act, 1 997.

ouniNc oPERATION PE49ETo be included inoperation andmaintenance cost

NHA ANdForest DePt

.:. Oust generation due to vehicle wheelwill be reduced due to increased /widened paved surface'

.i. Avenue plantation to be maintained,casualties to be rePlaced.

* Avenue plantation includes specieshaving dust absorption characteristic'

* CommunitY ProPerties andrealignment locations has beenproposed for peripheral plantalion andlandscaping.

* Maintenance of roads to be ensured.

Dust Genetation

tIIIIIIIItf:ItIIIIItII

Section 6 - E Requirements

:r: Envlr,onmenlal riii*o

tj,,"r ilrffiliii ,l,'|ll'ffi|filrfgn"i!9rlns

iiit:::11r;l ,,il',i .!!rsr!.i,,1' i,.::;'

. i i ' r1 i l . . , t ' : : . ; r ) . i : ' .1r : . : . . . - , .1. i l r ' . , ,

i i . ; . i i . . ' ; ; r , ; I - r i i i : 1 1 "

I Air Pollution + With the reduction in joumey time, idleengine running time air polluiion willreduce.

.1. Avenues plantalion is proposedthroughout the corridor, casualties tobe replaced.

{. Avenue plantation includes specieshaving air purifying characteristic.

* Enforce Pollution Under Control(PUC) Programs. The Public will beinformed about the regulations on airpollution of vehicles.

* Air pollution monitoring program hasbeen devised for checking pollutionlevel and suggesting remedialmeasures.

RespectiveDistrict

Government

SEPA /NHA

Rs. 200,000i- perannum (For 10monitoring sites)

3 Temporary landacquisition

.i. Borrow area redevelopment plan tobe completed / enforced.

* All temporary acquired land lorconskuction of diversion,lransportation of malerial elc. shouldbe redeveloped to the satisfaction of0wner.

.l' Affected productive area to be pouredwith too soil,

NHA NHA To be included inmaintenance cost

4 Soil erosion * Embankment slopes to be re-vegetated, casualties to be replaced.

* Residual spoils to be disPosedoroperly.

NHA NHA Cost reflected in800

Soil Contamination lr Accidental spills are potentiallydisastrous, but its probability is quitelow as one of the objectives of thisproject is to enhance road safety.The public should be informed aboutlhe requlations on land pollution.

!.

NHA SEPA /PEPA /NHA

Rs. 60,000/- pelannum (For 10monitoring sites)

o Contamination ofwater

* Accidental spills are potentiallydisastrous, but ils probability is quitelow as one of the objectives of thisproject is to enhance road safety.

.l Discouraging local people fromestablishing workshops and car washnear public drinking water source.

* The public to be informed about lheregulations on water pollution.

.i. Monitoring of water pollution to bedone reouladv al least once in a vear

NHA SEPA /NHA /PEPA

Rs. 80,000/- perannum (For 10monitoring sites)

7 Maintenance of StormWater DrainageSystem

* The urban drainage systems shouldbe maintained lo accommodate stormwater flow.

* Cleaning / removing of spoils shouldbe ensured before / during themonsoon rains.

NHA andLocal Union

council

NHA To be included inmaintenance cosl

I Noise * HORN PROHIBITED sign post will beenforced.

* Mainlenance of noise barriers.* DiscouraginE local people from

establishing sensilive receptor nearthe road.

* The public to be informed about thelrequlalions on noise pollution. I

NHA SEPA INHA/PEPA

\

-5'L1\-*t'\\l

Rs. 10,000/- perannum (For 10monitoring sites)

,*) {u

i,iffill,..-T^cB^o8Single-Stage: Two-Envelope Procurement"tW\$;;jf,

TABLE .2.2: ENVIRONMENTAL MONITORING PLAN DURING CONSTRIJCTION STAGE

FOR THE REHABILITATION OF FLOOD AFFECTED

IIIItIIIIIItIIIIIIIII

i;1ififisli*ir3i** tit;rlr:+,il;,,is1,,,No; r

',.,'Envlronmental,

,, lmnllr!t11.t,.!. Monitoring of noise pollution to be

done regularlY as Per therecommendation of NEQS

I Loss of trees andAvenue Planling

.:. fte avenue Plantalion should becornpletod, maintained and casualtiesto be replaced.

* Discouraging local PeoPles fromcutting hee / branches for fuel, cattlefood etc.

* Educating PeoPle about theusefulness of trees.

NHA NHA Total cost (to bebear by NHA) couldbe estimaled atRs.50 per plantdeveloped at 25 feetinterval on bothsides of the road.

1 0 General issues .l Public consultation to be organizedafler completion of construction toaccess the PeoPle oPinion Igrievances from the Projectintervention.

.! Remedial measures to mitigate theimpact due to project intervention tobe incorPorated in tho oPerationPhase.

NHA NHA Cost has lo bear byNHA

11 Safety and noisedisturbance

.:. tlew UunOings are prohibited within 50m of the edge of caniagewaY'

* No new schools and hosPitals areallowed within 200.m of carriageway,Wherever required appropriate noisebanier should be conshucted.

RespectiveDistrict

Governments

NHA No cost estimatesrequhed (Advisory)

12 Accident blacir sPot * Road surface lo be maintained, Potholes to be filled immediatelY.

.i. Regular maintenance of sign post,painting / removal of bills.

* Road rnarking to be rhaintained."! People to be educated about the

safety in following traffic rules.* Speed limit to be enforced at sensitive

locations.* Lighling of major junctions near

settlemenls.* Mitigative I preventive measures for

accident . black spots, like trafficcalmino devises.

NHA NHA To be included inmainlenance cost

r;i'14i31lir1iii:t.:ir:: ;11::ji,il1i:: :', ' i l : ' l i i i:i

!;,l.ilandit$s r;1!j:OURING CONSTRUCTION STAGE

Air Quality PM10, S02, NOx,CO (afler every 50Km.)

* Starting pointfrom

* Bridges onKashmore -

D.G. KhanRamak N*55,Km.780 to Km.862

* Karachito

Yearly

-

WHO guidelines,NEQS

Gq

The contractor

Single-Stage: Two-EnveloPe Procuremenl of Wor.*t \bA;#

7.1!i*+{RERP-NCB-N08

fury1'

IIIIIItIIIIIIIIIIIIIt

Section 6 -

1.{i

Kotsabzal N - 5(South Bound)Km. 211 to Km,297, Morro toHalla (86 Km

* Jacobabad loDera Allah YarN-65,Km. 083 to Km.100 (17 Km)

* Ranipur toSukkur N-5(North Bound)Km.412 lo Km.475 (63 Km)

* Ranipur toSukkur N-5(South Bound)Km.457 to Km.497 (40 Km)

* Kashmore toKotriN-55, Km.469 to Km.485.Kashmore toKundhkot (16Km)

* Kashmore -

D.G. KhanRamak N-55,Km.500 to Km.611 (6 Kmselected)

* PanoaqiltoGhotakiN-5(North Bound)Km, 520 to Km.563 (43 Km)

* Kotsabzal N-5(North & SouthBound) Km.605to Km.615 (10Km)

Water Quality pH, B0D, COD,TDS, TSS, DO,NHx, coliformshardness, nitrate,hydrocarbon, Pb

Existing waterbodies, canals andother wetlands

Yearly WHO and NEQS The contractor

Noise Levels dBA At all siles whereair quality analysisare carried out.

Twice in B hours atselected siles at /

lfrlf#iJ,Kfriqnt-otwav, flE /

Ths conlracior

o \ =-N08

Single-Stage: Two-Envelope Procurement"t*r\ts#

IItIIIIIIII'IIIIIIIIIt

,',,*"..1'i',Quaderly

$olid waste fromContracto/s camp

Visual checks toassess thesituation.

At contractor'scamp sites

Once in a month Monitoring thatsclid waste disposaloff properly.

The contractor andthe onsile staff

Health Sa{ety ofcontractor staff

Visual checks toassess lhesituation.

Workers of lhecontractor

Once a month Monitoring of thehealth and safetY ofworkers

The contractor

Roadside plantationVisual checks loassess thesituation.

* At sites whereplanlation wascarried out.

t'" At site withinright of way.

1. One monthafter plantation

2. One year afterplantation

.i. I month,

* 3 months.i 6 months, and

* 12 months afler

* Planting

75 % survival rate NHA

TABLE - 2.3 : COST OF ENVIRONMENTAL PARAMETERS (FOR 3 SAMPLES)

Sr. No" Particulars Qty Unit Rate Amount

AIR QUALITY

1 Particulate Matter (PMro) 3 (mg/m') 4,000.00 12,000.00

z Nitrogen Oxides (NOx) J (mg/m") 4,000.00 12,000.00? Carbon Monoxide (CO) 3 (mg/m') 4,000.00 12.000.00

4 Sulfur Oxides (SOx) 3 (mg/m") 4,000.00 12,000.00

WATER OUALITY

5 Ph 3 pH 50.00 150.00

6 Total Suspended $olids (TSS) 3 ppm 100.00 300.00

7 Total Dissolve Solids (TDS) 3 ppm 50.00 150.00

B Dissolve Oxygen (DO) 3 ppm 100.00 300.00a Chemical Oxygen Demand (COD) 3 ppm 600.00 1,800.00

10 Biochemical Oxygen Demand (BOD) 3 pprn 600.00 1,800.00

11 Lead ? ppm 2500.00 7,500.00

Biological Pararneters

12 Total Coliform Count (TCC) JVIPN lndex

100m11,000.00 3,000.00

13 Total Faecal Coliform Count (TFS) 3VIPN lndex,

100m|1,000.00 3,000.00

SOIL QUALITY

1 4 pH 3 pH 100.00 300.00

15 Antimony 3 ppm 600.00 1800.00

16 Arsenic ? ppm 600.00 1800.001 7 Calcium J ppm 800.00 2400.CI0

18 Mercury J itffi 600.00 1800.00..$9 I ,'q+klr

-F

- - I(u l

\

Single-Stage: Two-Envelope Procurement Kl;11ili/#, . - - f ,9 . .1 | r

FERP-NCB-NOB

\t cnvt)Z

Section 6 - Employer's Raquirements

IIIIIIIII

Sr. No. Particulars Qtv Unit Rate Amount

19 Nickel 3 Ppm 600.00 1800.00

20 Lead 3 Ppm 600.00 1800.00

21 Thalliurn 3 Ppm 600.00 1800.004 az-z- Zinc 3 Ppm 600.00 1800.00

NOISE

23 Noise 3 Dba 1,000,00 3,000.00Total Rs 84,300.00

Add: 5% Contingencies Rs 4,215.O0

Sampling and Mobilization Charges per day Rs, 5,000.00Grand Total of Engineers Estimate Rs 93,515.00

IIIIIIIIIItI

Single-Stage: Two-Envelope Procurement of Works FERP.NCB.NOS

Section 7 - General Conditions of Contract

SectionT - General Conditions of Contract

The Conditions of Contract comprise two parts, this Section 7 - General Conditions of Contract (GCC)and the fol lowing Sect ion 8 - Part icular Condit ions of Contract (PCC).

The General Condit ions shal l be the Condit ions of Contract for Construct ion for Bui lding and EngineeringWorks Designed by the Employer, Mult i lateral Development Bank Harmonized Edit ion, prepared by theF6derat ion Internat ionale des Ing6nieurs-Consei l , or FIDIC (FlDlC MDB Harmonized Construct ionContract) avai lable at Fl .DlC MDB June 2010. The FIDIC MDB Harmonized Construct ion Contract isexclusive for the use of ADB Borrowers and their project implementing agencies as provided under theLicense Agreement dated 9 June 2005, between ADB and FlDlC, and, consequent ly, no part of thispublication may be reproduced, translated, adapted, stored in a retrieval system or communicated, inany form or by any means, whether mechanical, electronic, magnetic, photocopying, recording orotherwise, without pr ior permission in wri t ing from FlDlC, except by the Employer ident i f ied in thecontract and only for the exclusive purpose of preparing bidding documents for ADB-financed contracts.

The standard text of the General Conditions chosen must be retained intact to facilitate its reading andinterpretation by Bidders and its review by ADB. Any amendments and additions to the GCC, specific tothe contract in hand, should be introduced in Sect ion 8 (Part icular Condit ions of Contract) , Part A(Contract Data) and Part B (Specific Provisions). Clause numbers in the PCC correspond to those in theGCC. As per GCC 1.5 (Prior i ty of Documents), the PCC takes precedence over the GCC.

Part A (Contract Data) of the PCC includes data to complement the GCC in a manner similar to the wayin which the Bid Data Sheet (BDS) complements the Instruct ions to Bidders ( lTB).

Part B (Specific Provisions) is to be used to introduce country- or project-specific provisions, if sorequired. Whoever drafts the Specif ic Provisions should be thoroughly famil iar with the provisions of theGCC and with any specif ic requirements of the Contract. Legal advice is recommended when amendingprovisions or draft ing new ones.

The Condit ions of Contract have been prepared for an ad measurement (unit pr ice or uni t rate) type ofcontract and cannot be used for other tvpes of contract.

B ;A;s D;;r;;t r; N ctP N H R t/Nt5o/C;;ii"s;-; Procurement of Works Single-Stage. Two-Envelope

Conditions of Contract

for Construction

MULTILATERAL DEVELOPMENT BANK HARMONISED EDITION

GENERAL CONDITIONS

June 201 0

For Participating Bank use only

Released 30 June 2010

COPYRIGHT FIDIC 2O1O

FEDEMTION INTERNATIONALE DES INGENIEURS.CONSEILSINTERNATIONAL FEDERATION OF CONSULTING ENGINEERSINTERNATIONALE VEREINIGUNG BERATENDER INGENIEUREFEDERACION INTERNACIONAL DE INGENIEROS CONSULTORES

General Conditions

CONTENTS

General Provisions

Definitions

Interpretation

Communications

Law and Language

Priority of Documents

Contract Agreement

Assignment

Care and Supply of Documents

Delayed Drawings or Instructions

Employeds Use of Contractor's Documents

Contractor's Use of Employe/s Documents

Confidential Details

Compliance with Laws

Joint and Several Liability

lnspections and Audit by the Bank

The Employer

Right of Access to the Site

Permits, Licences or Approvals

Employe/s Personnel

Employer's Financial Arrangements

Employeis Claims

The Engineer

Engineeis Duties and Authority

Delegation by the Engineer

Instructions of the Engineer

Replacement of the Engineer

Determinations

1

1 . 1

1 . 2

4 1t . . +

1 . 5

1 . 6

1 . 7

1 R

1 . 9

1 . 1 0

1 . 1 1

I 4 at . l L

1 . 1 3

1 . 1 4

1 . 1 5

2

2.1

2.2

z . J

2.4

2.5

? 1

3.2

3.4

COPYRIGHT FIDIC JUNE 201O

4

4 .1

4.2

4^3

4.4

A E

4.6

4.7

4.8

4.9

4 . 1 0

4 . 1 1

4 .12

4 . 1 3

4 .14

4 . 1 5

4 .16

4 .17

4 . 1 8

4 .19

4.20

4.21

4.22

4.23

4.24

5 .1

5.2

4 2

E . A

6 .1

The Contractor

Contractor's General Obligations

Performance Security

Contractor's Representative

Sr"rbcontractors

Assignment of Benefit of Subcontract

Co-operation

Setting Out

Safety Procedures

Quality Assurance

Site Data

Sufficiency of the Accepted Contract Amount

U nforeseeable Physical Conditions

Rights of Way and Facilities

Avoidance of I nterference

Access Route

Transport of Goods

Contracto/s Equipment

Protection of the Environment

Electricity, Water and Gas

Hmploye/s Equipment and Free-lssue Materials

Progress Reports

Security of the Site

Contractor's Operations on Site

Fossils

Nominated Subcontractors

Defi nition of "nominated Subcontractor''

Objection to Nomination

Payments to nominated Subcontractors

Evidence of Payments

Staff and labour

Engagement of Staff and Labour

COPYRIGHT F ID IC JUNE 201O

6.2

6.4

o.o

6.7

6.9

6 .10

6 . 1 1

6 .12

o . t J

6 .14

o . r c

6 .16

6 . 1 7

6 . 1 8

6 . 1 9

o.zv

6.21

o.zz

o.zJ

6.24

a 4t . l

t . z

7.3

7.4

7.6

Rates of Wages and Conditions of Labour

Persons in the Service of Employer

Labour Laws

Working Hours

Facilities for Staff and Labour

Health and Safety

Contracto/s Superintendence

Contractor's Personnel

Records of Contractor's Personnel and Equipment

Disorderly Conduct

Foreign Personnel

Supply of Foodstuffs

Supply of Water

Measures against Insect and Pest Nuisance

Alcoholic Liquor or Drugs

Arms and Ammunition

Festival and Religious Customs

Funeral Arrangements

Forced Labour

Child Labour

Employment Records of Workers

Workers' Organisations

Non-Discrimination and Equal Oppoftunity

Plant, Materials and Workmanship

Manner of Execution

Samples

Inspection

Testing

Rejection

Remedial Work

Ownership of Plant and Materials

Royalties

Commencement, Delays and Suspension

7"7

7.8


8.'1

8.2

o . J

8.4

8.5

8.6

8.9

8 . 1 0

8. '1 '1

8 .12

q

9 .1

9.2

9.3

9.4

10

10.1

10"2'10.3

10.4

1 1

1 1 . 1

11.2

1 1 . 3

11.4

1 1 . 5

1 1 . 6

I t . l

1 1 ^ 8

1 1 . 9

Commencement of Works

Time for Compietion

Programme

Extension of Time for Completion

Delays Caused by Authorities

Rate of Progress

Delay Damages

Suspension of Work

Consequences of Suspension

Payment for Plant and Materials in Event of Suspension

Prolonged Suspension

Resumption of Work

Tests on Completion

Contractor's Obligaiions

Delayed Tests

Retesting

Failure to Pass Tests on Completion

Employer's Taking Over

Taking Over of the Works and Sections

Taking Over of Parts of the Works

Inteference with Tests on Completion

$urfaces Requiring Reinstatement

Defects Liability

Completion of Outstanding Work and Remedying Defects

Cost of Remedying Defects

Extension of Defects Notification Period

Failure to Remedy Defects

Removal of Defective Work

Further Tests

Right of Access

Contractor to Search

Performance Certificate


11 .10

1 1 . 1 1

12

12.1

12.2

12.3

12.4

1 ?

t J . I

| 5 . 2

1 2 ?

13.4

13.7

13 .8

1 4

14.1

14.2

14.3

14.4

14 .5

14.6

14.7

14.8

14.9

14.10

1 4 . 1 1

14.12

1 4 . 1 3

14.14

14.15

Unfulfi lled Obligations

Clearance of Site

Measurement and Evaluation

Works to be Measured

Method of Measurement

Evaluation

Omissions

Variations and Adjustments

Right to Vary

Value Engineering

Variation Procedure

Payment in Applicable Currencies

Provisional Sums

Daywork

Adjustments for Changes in Legislation

Adjustments for Changes in Cost

Contract Price and Payment

The Contract Price

Advance Payment

Application for Interim Payment Certificates

Schedule of Payments

Plant and Materials intended for the Works

lssue of Interim Payment Certificates

Payment

Delayed Payment

Payment of Retention Money

Statement at Completion

Application for Final Payment Certificate

Discharge

lssue of Final Payment Certificate

Cessation of Employe/s Liability

Currencies of Payment


15

1 5 . 1

15.2

1 A e

15.4

1 6 q

15 .6

16

t o " I

1 6 . 1

t o . J

16.4

17

17.1

1 7 ?

17.3

4 - t A

1 7 F .

17 .6

17 .7

1R,

1 8 . 1

18.2

18 .3

18.4

19

19.1

19.2

t Y . c

19.4

19 .5

Termination by Employer

Notice to Correct

Termination by Employer

Valuation at Date of Termination

Payment after Termination

Employer's Entitlement to Termination for Convenience

Corrupt and Fraudulent Practices

Suspension and Termination by Contractor

Contractor's Entitlement to Suspend Work

Termination by Contractor

Cessation of Work and Removal of Contraclor's Equipment

Payment on Termination

Risk and Responsibility

Indemnities

Contractor's Care of the Works

Employer's Risks

Consequences of Employer's Risks

Intellectual and lndustrial Property Rights

Limitation of Liability

Use of Employer's FacilitiesiAccommodation

Insurance

General Requirements for lnsurances

I nsurance,for Works and Contractor's Equipment

Insurance against Injury to Persons and Damage to Property

Insurance for Contracto/s Personnel

Force Majeure

Definition of Force Majeure

Notice of Force Majeure

Duty to Minimise Delay

Consequences of Force Majeure

Force Majeure Affecting Subcontractor


19 .6

19.7

2A

20.1

24.2

20.3

20.4

20.5

zv.o

20.7

20.8

Optional Termination, Payment and Release

Release from Performance

Claims, Disputes and Arbitration

Contractor's Claims

Appointment of the Dispute Board

Failure to Agree of the Composition of the Dispute Board

Obtaining Dispute Board's Decision

Amicable Settlement

Arbitration

Failure to Comply with Dispute Board's Decision

Expiry of Dispute Board's Appointment

APPENDIX: GENERAL CONDITIONS OF DISPUTE BOARD AGREEMENT


1 .1

General Conditions

General Provisions

Definitions

In the Conditions of Contracl ("these Conditions"), which include Particular Conditions, Parts A and B, andthese General Conditions, the following words and expressions shall have the meanings stated. Wordsindicating persons or parties include corporations and other legal entities, except where the contextrequires otherwise.

1.1 .1 The Contract

1 .1 .1.1 "Contract" means the Contract Agreement, the Letter of Acceptance, the Letter ofTender, these Conditions, the Specification, the Drawings, the Schedules, and thefurther documents (if any) which are listed in the Contract Agreement or in the Letter ofAcceptance.

1.1.1 .2 "Contracl Agreement" means the contract agreement referred to in Sub-Clause 1.6

[Contract Agreement].

'l .1 .1 .3 "Letter of Acceptance" means the letter of formal acceptance, signed by the Employer,of the Letter of Tender, including any annexed memoranda comprising agreementsbetween and signed by both Parties. lf there is no such letter of acceptance, theexpression "Letter of Acceptance" means the Contract Agreement and the date ofissuing or receiving the Letter of Acceptance rneans the date of signing the ContractAgreement.

1 .1 .1 .4 "Letter of Tende/' means the document entitled letter of tender or letter of bid, whichwas completed by the Contractor and includes the signed offer to the Employer for theWorks.

1.1.1.5 "Specification" means the document entitled specification, as included in the Contract,and any additions and modificaiions to the specification in accordance with the Contract.Such document specifies the Works.

1.1 .1 .6 "Drawings" means the drawings of the Works, as included in the Contract, and anyadditlonal and modified drawings issued by (or on behalf of) the Employer inaccordance with the Contract.

1.1 .1 .7 "schedules" means the document(s) entit led schedules, completed by the Contractorand submitted with the Letter of Tender, as included in the Contract. Such documentmay include the Bill of Quantities, data, lists, and scheduies of rates and/or prices.

1.1.1.8 "Tende/' means ihe Letter of Tender and all other documents which the Contractorsubmitted with the Letter of Tender, as included in the Contract.

1 .1 .1 .9 "Bill of Quantities", "Daywork Schedule" and "Schedule of Payment Currencies" meanthe documents so named (if any) which are comprised in the Schedules.

1.1 .1 .10 "Contract Data" means the pages completed by the Employer entitled contract datawhich constitute Part A of the Particular Conditions.

1.1.2 Part ies and Persons

1.1.2.1 "Pafty" means the Employer or the Contractor, as the context requires.


1.1 .2.2 "Fmploye/' means the person named as employer in the Contract Data and the legalsuccessors in title to this person.

1 .1 .2.3 "Contractor" means the person(s) named as contractor in the Letter of Tender acceptedby the Employer and the legal successors in title to this person(s)

1.1 .2.4 "Engineef' means the person appointed by the Employer to act as the Engineer for thepurposes of the Contract and named in the Contract Data, or other person appointedfrom time to time by the Empioyer and notified to the Contractor under Sub-Clause 3.4[Replacement of the Engineer].

1.1 .2.5 "Contractor's Representative" means the person named by the Contractor in theContract or appointed from time to time by the Contractor under SutrClause 4.3[Contractor's Representative], who acts on behalf of the Contractor.

1.1 .2.6 "Employer's Personnel" means the Engineer, the assistants referred to in Sub-Clause3.2 [Delegation by the Engineer] and all other staff, labour and other employees of theEngineer and of the Employer; and any other personnel notified to the Contractor, by theEmployer or the Engineer, as Employe/s Personnel.

1.1 .2.7 "Contractor's Personnel" means the Contractor's Representative and all personnelwhom the Contractor utilises on Site, who may include the staff, labour and otheremployees of the Contractor and of each Subcontractor; and any other personnelassisting the Contractor in the execution of the Works.

1.1 .2.8 "Subcontractor" means any person named in the Contract as a subcontractor, or anyperson appointed as a subcontractor, for a part of the Works; and the legal successorsin title to each of these per$ons.

1.1 .2.9 "DB" means the person or three persons appointed under Sub-Clause 20.2[Appointment of the Dispute Board] or Sub-Clause 20.3 [Failure to Agree on theComposition of the Dispute Boardl

1.1 .2.10 'FlDlC' means the Federation Internationale des Ing6nieurs-Conseils, the internationalfederation of cnnsulting engineers.

1.1.2.11 "Bank" means the financing institution (if any) named in the Contract Data.

1.1.2.12 "Borrowe/' means the person (if any) named as the borrower in the Contract Data.

1,1.3 Dates. Tests. Periods and Completion

1 . 1 ̂ 3.1 "Base Date" means the date 28 days prior to the latest date for submission of theTender.

1 .1 .3.2 "Commencement Date" means the date notified under Sub-Clause 8.'l[Commencement of Works].

1.1.3.3 "Time for Completion" means the time for completing the Works or a Section (as thecase may be) under Sub-Clause 8.2 il-ime for Completionl, as stated in the ContractData (with any extension under Sub-Clause 8.4 [Extension of Time for Completion]),calculated from the Commencement Date.

1.1 .3.4 "Tests on Completion" means the tests which are specified in the Contract or agreed byboth Parties or instruc{ed as a Variation, and which are carried out under Clause 9[ests on Completion] before the Works or a Section (as the case may be) are takenover by the Employer.

1.'1 .3.5 "Taking-Over Certificate" means a cerlificate issued under Clause 10 [Employe/sTaking Overl.

COPYRIGHT FIDIC JUNE 201O 1 0

4 4 ^

' l . 1 . 5

1.1"3.6 "Tests after Completion" means the tests (if any) which are specified in the Contract andwhich are carried out in accordance with the Specification after the Works or a Section(as the case may be) are taken over by the Employer.

1.1 .3.7 "Defects Notification Period" means the period for notirying defects in the Works or aSection (as the case may be) under Sub-Clause 11.1 [Completion of Outstanding Workand Remedying Defectsl, which extends over 365 days except if othenvise stated in theContract Data (with any extension under Sub-Clause 1 1.3 [Extension of DefectsNotification Periodl), calculated from the date on which the Works or Section iscompleted as certified under Sub-Clause '10.1

fl-aking Over of the Works and Sectionsl.

'l .1 .3.8 "Performance Certificate" means the ceftificate issued under Sub-Clause 1 1 .9IPerformance Ceftificate].

1.1.3.9 "day" means a caiendar day and "yead' means 365 days.

Money and Payments

1.1 .4.1 "Accepted Contract Amount" means the amount accepted in the Letter of Acceptancefor the execution and completion of the Works and the remedying of any defects.

1 .1 .4.2 "Contract Price" means the price defined in Sub-Clause 14.1 [-he Contract Price], andincludes adjustments in accordance with the Contract.

1.1"4.3 "Cost" means all expenditure reasonably incuned (or to be incurred) by the Contractor,whether on or off ihe Site, including overhead and similar charges, but does not includeprofii.

1.1 .4.4 "Final Payment Certificate" means the payment certificate issued under Sub-Clause14.13 flssue of Final Payment Certificate].

1.1 .4.5 "F inal Statement"meansthestatementdef inedinSub-Clause' , |4 .11[Appl icat ionforFinal Payment Certificatel.

1.1.4.6 "Foreign Currency" means a currency in which part (or all) of the Contract Price ispayable, but not the Local Currency.

1.1 .4.7 "lnterim Payment Certificate" means a payment certificate issued under Clause 14[Contract Price and Payment], other than the Final Payment Certificate.

1,1 .4.8 "Local Currency" means the currency of the Country.

1.1 .4.9 "Payment Certificate" means a payment certificate issued under Ciause 14 [ContractPrice and Paymentl.

1.1 .4.10 "Provisional Sum" means a sum (if any) which is specified in the Contract as aprovisional sum, for the execution of any part of the Works or for the supply of Plant,Materials or services under Sub-Clause 13.5 [Provisional Sums].

1.1 .4.11 "Retention Money" means the accumulated retention moneys which the Employerretains under Sub-Clause 14.3 [Application for lnterim Payment Certificates] and paysunder Sub-Clause 14.9 [Payment of Retention Money].

1.1 .4.12 "Statement" means a statement submitted by the Contractor as part of an application,under Clause 14 [Contract Price and Payment], for a payment certificate.

Works and Goods

COPYRIGHT F ID IC JUNE 201O 4 1

1.1 .5.1 "Contractor's Equipment" means all apparatus, machinery, vehicles and other thingsrequired for the execution and completion of the Works and the remedying of anydefects. However, Contractor's Equipment excludes Temporary Works, Employe/sEquipment (if any), Plant, Materials and any other things intended to form or formingpart of the Permanent Works.

1.1.5.2 "Goods" means Contractor's Equipment, Materials, Plant and Temporary Works, or anyof them as appropriate.

'1 .1.5.3 "Materials" means things of all kinds (other than Plant) intended to form or forming partof the Permanent Works, including the supply-only materials (if any) to be supplied bythe Contractor under the Contract.

1.1 .5.4 "Permanent Works" means the permanent works to be executed by the Contractorunder the Contract.

1.1.5.5 "Plant" means the apparatus, machinery and other equipment intended to form orforming part of the Permanent Works, including vehicles purchased for the Employerand relatinq to the construction or ooeration of the Works.

1 . '1 .5.6 "Section" means a part of the Works specified in the Contract Data as a Section (if any).

1.1 .5.7 "Temporary Works" means all temporary works of every kind (other than ContractoisEquipment) required on Site for the execution and completion of the Permanent Worksand the remedying of any defects.

1.1 .5.8 "Works" mean the Permanent Works and the Temporary Works, or either of them asappropriate.

1.1.6 Other Def in i t ions

1.1.6.1 "Contractor's Documents" means the calculations, computer programs and othersoftware, drawings, manuals, models and other documents of a technical nature (if any)supplied by the Contractor under the Contract.

1.1 .6.2 "Country" means the country in which the Site (or most of it) is located, where thePermanent Works are to be executed.

1.'l .6.3 "Employe/s Equipment" means the apparatus, machinery and vehicles (if any) madeavailable by the Employer for the use of the Contractor in the execution of the Works, asstated in the Specification; but does not include Plant which has not been taken over bythe Employer.

1 .1 .6.4 "Force Majeure" is defined in Clause 19 [Force Majeure].

1.1.6.5 "Laws" means all national (or state) legislation, statutes, ordinances and other laws, andregulations and by-laws of any legally constituted public authority.

1.1 .6.6 "Performance Security" means the security (or securities, if any) under Sub-Clause 4,2IPerformance Security].

1.1.6.7 "Site" means the places where the Permanent Works are to be executed, includingstorage and working areas, and to which Plant and Materials are to be delivered, andany other places as may be specified in the Contract as forming part of the Site.

1.1"6.8 "Unforeseeable" means not reasonably foreseeable by an experienced contractor by theBase Date.

1.1.6.9 "Variation" means any change to the Works, which is instructed or approved as avariation under Clause '13

[Variations and Adjustments].


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The language for communications shall be that stated in the Contract Data. lf no language is stated there,the language for communications shall be the ruling language of the Contract.

Priority of Documents

The documents forming the Contract are to be taken as mutually explanatory of one another. For thepurposes of interpretation, the priority of the documents shall be in accordance with the following

(a) the Contract Agreement (if any),

(b) the LetterofAcceptance,

(c) theLetterofTender,

(d) the Particular Conditions * Part A,

(e) lhe Particular Conditions * Part B,

(D these General Conditions,

(S) the Specification,

(h) the Drawings, and

(D the Schedules and any other documents forming part of the Contract.

lf an ambiguity or discrepancy is found in the documents, the Engineer shall issue any necessaryclarification or instruction.

Contract Agreement

The Parties shall enter into a Contract Agreement within 28 days after the Contractor receives the Letter ofAcceptance, unless the Particular Conditions establish othenruise. The Contract Agreement shall be basedupon the form annexed to the Particular Conditions. The costs of stamp duties and similar charges (if any)imposed by law in connection with entry into the Contract Agreement shall be borne by the Employer.

Assignment

Neither Party shall assign the whole or any part of the Contract or any benefit or interest in or under theContract. However, either Party:

(a) may assign the whole or any part with the prior agreement of the other Party, at the sole discretion ofsuch other Party, and

(b) may, as security in favour of a bank or financial institution, assign its right to any moneys due, or tobecome due, under the Contract.

1.8 Care and Supply of Documents

The Specification and Drawings shall be in the custody and care of the Employer. Unless othenrrise statedin the Contract, two copies of the Contract and of each subsequent Drawing shall be supplied to theContractor, who may make or request further copies at the cost of the Contractor.

1 .6

t . t


Each of the Contracto/s Documents shall be in the custody and care of the Contractor, unless and untiltaken over by the Employer. Unless othenruise stated in the Contract, the Contractor shall supply to theEngineer six copies of each of the Contractor's Documents.

The Contractor shall keep, on the Site, a copy of the Contract, publications named in ihe Specification, theContractor's Documents (if any), the Drawings and Variations and other communications given under theContract. The Employels Personnel shall have the right of access to all these documents at allreasonable times.

lf a Party becomes aware of an error or defect in a document which was prepared for use in executing theWorks, the Party shall promptly give notice to the other Party of such error or defect.

1.9 Delayed Drawings or Instructions

The Contractor shall give notice to the Engineer whenever the Works are likely to be delayed or disruptedif any necessary drawing or instruction is not issued to the Contractor within a particular time, which shallbe reasonable. The notice shall include details of the necessary drawing or instruction, details of why andby when it should be issued, and the nature and amount of the delay or disruption likely to be suffered if itis late.

lf the Contractor suffers delay and/or incurs Cost as a result of a failure of the Engineer to issue thenotified cirawing or instruction within a time which is reasonable and is specified in the notice withsupporting details, the Contractor shall give a further notice to the Engineer and shall be entitled subject toSub-Clause 20.'1 [Contractor's Claims] to:

(a) an extension of time for any such delay, if completion is or will be delayed, under Sub-Clause 8,4[Extension of Time for Completion], and

(b) payment of any such Cost plus profit, which shall be included in the Contract Price.

After receiving this fu(her notice, the Engineer shall proceed in accordance with Sub-Clause 3.5[Determinations] to agree or determine these matters.

However, if and to the extent that the Engineer's failure was caused by any error or delay by theContractor, including an error in, or delay in the submission of, any of the Contractor's Documents, theContractor shall not be entitled to such extension of time. Cost or profit.

I .10 Employer's Use of Contractor's Documents

As between the Parties, the Contractor shall retain the copyright and other intellectual property rights in theContractor's Documents and other design documents made by (or on behalf of) the Contractor.

The Contractor shall be deemed (by signing the Contract) to give to the Employer a non-terminabletransferable non*exclusive royalty-free licence to copy, use and communicate the Contracto/sDocuments, including making and using modifications of them. This licence shall:

(a) apply throughout the actual or intended working life (whichever is longer) of the relevant parts of theWorks,

entitle any person in proper possession of the relevant part of the Works to copy, use andcommunicate the Contractois Documents for the purposes of completing, operating, maintaining,altering, adjusting, repairing and demolishing the Works, and

in the case of Contractor's Documents which are in the form of computer programs and othersoff,vare, permit their use on any computer on the Site and other places as envisaged by theContract, including replacements of any computers supplied by the Contractor.

(b)

COPYRIGHT F ID IC JUNE 201O , l F

The Contractor's Documents and other design documents made by (or on behalf o0 the Contractor shallnot, without the Contractor's consent, be used, copied or communicated to a third pady by (or on behalf oflthe Employer for purposes other than those permitted under this Sub-Clause^

1.11 Contractor's Use of Employer's Documents

As between the Parties, the Employer shall retain the copyright and other intellectual propefiy rights in theSpecification, ihe Drawings and other documents made by (or on behalf oi) the Employer. The Contractormay, at his cost, copy, use, and obtain communication of these documents for the purposes of theContract. They shall not, without the Employer's consent, be copied, used or communicated to a thirdparty by the Contractor, except as necessary for the purposes ofthe Contract.

1.12 Confidential Detai ls

The Contractor's and the Hmployer's Personnel shall disclose all such con{idential and other informationas may be reasonably required in order to verifi7 compliance with the Contract and allow its properimplementation.

Each of them shall treat the details of the Contract as private and confidential, except to the extentnecessary to carry out their respective obligations under the Contract or to comply with applicable Laws.Each of them shall not publish or disclose any particulars of the Works prepared by the other Party withoutthe previous agreement of the other Party. However, the Contractor shall be permitted to disclose anypublicly available information, or information otherwise required to establish his qualifications to competefor other projects,

1 .13 Compliance wlth Laws

The Contractor shall, in performing the Contract, comply with applicable Laws. Unless otherwise stated inthe Partlcular Conditions:

(a) the Employer shall have obtalned (or shall obtain) the planning, zoning, building permit or similarpermission for the Permanent Works, and any other permissions described in the Specification ashaving been (or to be) obtained by the Employer; and the Employer shall indemnify and hold theContractor harmless against and from the consequences of any failure to do so; and

(b) the Contractor shall give all notices, pay all taxes, duties and fees, and obtain all permits, licencesand approvals, as required by the Laws in relation to the execution and completion of the Works andthe remedying of any defects; and the Contractor shall indemnify and hold the Fmployer harmlessagainst and from the consequences of any failure to do so, unless the Contractor is impeded toaccomplish these actions and shows evidence of its diligence.

1.14 Joint and Several Liabi l i tv

lf the Contractor constitutes (under applicable Laws) a joint venture, consortium or other unincorporatedgrouping of two or more persons:

(a) these persons shall be deemed to be jointly and severally liable to the Employer for the performanceof the Contract;

(b) these persons shall notifi7 the Employer of their leader who shall have authority to bind the Contractorand each ofthese persons; and

(c) the Contractor shall not alter its composition or legal status without the prior consent of the Hmployer"

1.15 Inspect ions and Audit by the Bank


2 .1

The Contractor shall permit the Bank and/or persons appointed by the Bank to inspect the Site and/or theContractor's accounts and records relating to the per"formance of the Contract and to have such accountsand records audited by auditors appointed by the Bank if required by the Bank.

The Hmployer

Right of Access to the $ite

The Employer shall give the Contrador right of access to, and possession of, all parts of the Site within thetime (or times) stated in the Contract Data. The right and possession may not be exclusive to theContractor. lf, under the Contract, the Employer is required to give (to the Contractor) possession of anyfoundation, structure, plant or means of access, the Employer shall do so in the time and manner stated inthe Specification. However, the Employer may withhold any such right or possession until thePerformance Security has been received.

lf no such time is stated in the Contract Data, the Employer shall give the Contractor right of access to,and possession of, the Site within such times as required to enable the Contractor to proceed withoutdisruption in accordance with the programme submitted under Sub-Clause 8.3 [Programme].

if the Contractor suffers delay and/or incurs Cost as a result of a failure by the Employer to give any suchright or possession within such time, the Contractor shall give notice to the Engineer and shall be entitledsubject to Sub-Clause 20.1 [Contractor's Claims] to

(a) an extension of time for any such delay, if completion is or will be delayed, under Sub-Clause 8.4[Extension of Time for Completion], and


After receiving this notice, the Engineer shall proceed in accordance with Sub-Clause 3.5 [Determinations]to agree or determine these matters.

However, if and to the extent that the Employe/s failure was caused by any error or delay by theContractor, including an error in, or delay in the submission of, any of the Contractot's Documents, theContractor shall not be entitled to such extension of time, Cost or proflt.

Permits, Licences or Approvals

The Ernployer shall provide, at the request of the Contractor, such reasonable assistanm as to allow theContractor to obtain properly:

(a) copies of the Laws of the Country which are relevant to the Contract but are not readily available, and

(b) any permits, licences or approvals required by the Laws of the Country:

(i) which the Contractor is required to obtain under Sub-Clause 1 .1 3 [Compliance with Laws],

(iD for the delivery of Goods, including clearance through customs, and

(iii) for the export of Contractois Equipment when it is removed from the Site.

Employer's Personnel

The Employer shall be responsible for ensuring that the Employeds Personnel and the Employeis othercontractors on the Site:

(a) co-operate with the Contractor's efforis under Sub-Clause 4.6 [Co-operation], and

2.2

2.3


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2.4

(b) take actions similar to those which the Contractor is required to take under sub-paragraphs (a), (b)and (c) of Sub-Clause 4.8 fsafety Procedures] and under Sub-Clause 4.1 I [Protection of theEnvironmentl.

Employer's Financial Arrangements

The Employer shall submit, before the Commencement Date and thereafter within 28 days after receivingany request from the Contractor, reasonable evidence that financial arrangements have been made andare being maintained which will enable the Employer to pay the Contract Price punctually (as estimated atthat time) in arcordance with Clause '14

[Contract Price and Payment]. Before the Employer makes anymaterial change to his financial arrangements, the Employer shall give notice to the Contractor withdetailed parliculars.

In addition, if the Bank has notified to the Borrower that the Bank has suspended disbursements under itsloan, which finances in whole or in part the execution of the Works, the Employer shall give notice of suchsuspension to the Contractor with detailed particulars, including the date of such notification, with a copy tothe Engineer, within 7 days of the Borrower having received the suspension notification from the Bank. lfalternative funds will be available in appropriate currencies to the Employer to continue making paymentsto the Contractor beyond a date 60 days after the date of Bank notification of the suspension, theEmployer shall provide reasonable evidence in his notice of the extent to which such funds will beavailable.

Employer's Claims

lf the Employer considers himself to be entitled to any payment under any Clause of these Conditions orotherwise in connection with the Contract, and/or to any extension of the Defects Notification Period, theEmployer or the Engineer shall give notice and particulars to the Contractor. However, notice is notrequired for payments due under Sub-Clause 4.19 [Electricity, Water and Gas], under Sub-Clause 4.20[Employeis Equipment and Free-lssue Materials], or for other services requested by the Contractor.

The notice shall be given as soon as practicable and no longer than 28 days after the Employer becameaware, or should have become aware, of the event or circumstances giving rise to the claim. A noticerelating to any extension of the Defects Notification Period shall be given before the expiry of such period.

The particulars shall speciflT the Clause or other basis of the claim, and shall include substantiation of theamount and/or extension to which the Employer considers himself to be entitled in connection with theContract. The Engineer shall then proceed in acmrdance with Sub-Clause 3.5 [Determinations] to agreeor determlne (i) the amount (if any) which the Employer is entitled to be paid by the Contractor, and/or (ii)the extension (lf any) of the Defects Notification Period in accordance with Sub-Clause 1 1 .3 [Extension ofDefects Notifi cation Periodl.

This amount may be included as a deduction in the Contract Price and Payment Certificates. TheEmployer shall only be entitled to set off against or make any deduction from an amount certified in aPayment Certificate, or to otherwise claim against the Contractor, in accordance with this Sub-Clause.

The Engineer

Engineer's Duties and Authority

The Employer shall appoint the Engineer who shall carry out the duties assigned to him in the Contract.The Engineels staff shall include suitably qualified engineers and other professionals who are competentto carry out these duties.

The Engineer shall have no authority to amend the Contract.

2.5

2 4


The Engineer may exercise the authority attributable to the Engineer as specified in or necessarily to beimplied from the Contract. lf the Engineer is required to obiain the approval of the Employer beforeexercising a specified authority, the requirements shall be as stated in the Particular Conditions. TheEmployer shall promptly inform the Contractor of any change to the authority attributed to the Engineer.

However, whenever the Engineer exercises a specified authority for which the Employef s approval isrequired, then (for the purposes of the Contract) the Employer shail be deemed to have given approval.

Except as otherwise stated in these Conditions.

(a) whenever carrying out duties or exercising authority, specified in or implied by the Contract, theEngineer shall be deemed to act for the Employer;

(b) the Engineer has no authority to relieve either Party of any duties, obligations or responsibilities underthe Contract;

(c) any approval, check, certificate, consent, examination, inspection, instruction, notice, proposal,request, test, or similar act by the Engineer (including absende of disapproval) shall not relieve theContractor from any responsibility he has under the Contract, including responsibility for errors,omissions, discrepancies and non-compliances; and

(d) any act by the Engineer in response to a ContractoCs request except as otherwise expresslyspecified shall be notified in writing to the Contractor within 28 days of receipt"

The following provisions shall apply:

The Engineer shall obtain the specific approval of the Employer before taking action under the-followingSub-Clauses of these Conditions:

(A) Sub-Clause 4.12: agreeing or determining an extension of time and/or additional cost.

(B) Sub-Clause 13.1: instructing a Variation, except;

(i) in an emergenry situation as determined by the Engineer, or

(ii) if such a Variation would increase the Accepted Contract Amount by less than the percentagespecified in the Contract Data.

(C) Sub-Clause 13.3: approving a proposal for Variation submitted by the Contractor in accordance withSub Clause'13.1 or 13.2,

(D) Sub-Clause 13.4: specifying the amount payable in each of the applicable currencies

Notwithstanding the obligation, as set out above, to obtain approval, if, in the opinion of the Engineer, anemergency occurs affecting the safety of life or of the Works or of adjoining propedy, he may, withoutrelieving the Contractor of any of his duties and responsibility under the Contract, instruct the Contractor toexecute all such work or to do all such things as may, in the opinion of the Engineer, be necessary toabate or reduce tho risk. The Contractor shall forthwith mmply, despite the absence of approval of theEmployer, with any such instruction of the Engineer. The Engineer shall determine an addition to theContract Price, in respect of such instruction, in accordance with Clause 13 and shall notify the Contractoraccordingly, with a copy to the Employer.

3.2 Delegation by the Engineer

The Engineer may from time to time assign duties and delegate authority to assistants, and may alsorevoke such assignment or delegation. These assistants may include a resident engineer, and/orindependent inspectors appointed to inspect and/or test items of Plant and/or Materials. The assignment,delegation or revocation shall be in writing and shall not take effect until copies have been received byboth Parties. However, unless otherwise agreed by both Parties, the Fngineer shall not delegate theauthority to determine any matter in accordance with Sub-Clause 3.5 [Determinations].


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Assistants shall be suitably qualified persons, who are competent to carry out these duties and exercisethis authority, and who are fluent in the language for communications defined in Sub-Clause 1,4 [Law andLanguagel.

Each assistant, to whom duties have been assigned or authority has been delegated, shall only beauthorised to issue instructions to the Contractor to the extent defined by the delegation" Any approval,check, certificate, consent, examination, inspection, instruction, notice, proposal, request, test, or similaract by an assistant, in accordance with the delegation, shall have the same effect as though the act hadbeen an act of the Engineer. However:

(a) any failure to disapprove any work, Plant or Materials shall not constltute approval, and shalltherefore not pre.ludice the right of the Engineer to reject the work, Plant or Materials;

(b) if the Contractor questions any determination or instruction of an assistant, the Contractor may referthe matter to the Engineer, who shall promptly confirm, reverse or vary the determination orinstruction.

3.3 lnstructions of the Enqineer

The Engineer may issue to the Contractor (at any time) instructions and additional or modified Drawingswhich may be necessary for the execution of the Works and the remedying of any defects, all inaccordance with the Contract. The Contractor shall only take instructions from the Engineer, or from anassistant to whom the appropriate authority has been delegated under this Clause. lf an instructionconstitutes a Variation, Clause '13

[Variations and Adjustments] shall apply.

The Contractor shall comply with the instructions given by the Engineer or delegated assistant, on anymatter related to the Contract. Whenever practicable, their instructions shall be given in writing. lf theEngineer or a delegated assistant:

(a) gives an oral instruction,

(b) receives a written confirmation of the instruction, from (or on behalf of) the Contractor, within twoworking days after giving the instruction, and

(c) does noi reply by issuing a written rejection and/or instruction within two working days after receivingthe confirmation.

then the confirmation shall constitute the written instruction of the Engineer or delegated assistant (as thecase mav be).

3.4 Replacement of the Engineer

lf the Employer intends to replace the Engineer, the Employer shall, not less than 21 days before theintended date of replacement, give notice to the Contractor of the name, address and relevant experienceof the intended replacement Engineer. lf the Contractor considers the intended replacement Engineer tobe unsuitable, he has the right to raise objection against him by notice to the Employer, with supportingparticulars, and the Employer shall give full and fair consideratlon to this objection.

3.5 Determinations

V\henever these Conditions provide that the Engineer shall proceed in accordance with this Sub-Clause3.5 to agree or determine any matter, the Engineer shall consult with each Party in an endeavour to reachagreement, lf agreement is not achieved, the Engineer shall make a fair determination in arcordance withthe Contract, taking due regard of all relevant circumstances.


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The Engineer shall give notice to both Parties of each agreement or determination, with suppoilngparticulars, within 28 days from the receipt of the corresponding claim or request except when otherwisespecifred. Each Party shall give effecl to each agreement or determination unless and until revised underClause 20 [Claims, Disputes and Arbitration].

The Contractor

Contractor's General Obliqations

The Contractor shall design (to the extent specified in the Contract), execute and complete the Works inaccordance with the Contract and with the Engineer's instructions, and shall remedy any defects in theWorks.

The Contractor shall provide the Plant and Contractois Documents specified in the Contract, and allContractor's Personnel, Goods, consumables and other things and services, whether of a temporary orpermanent nature, required in and for this design, execution, completion and remedying of defects.

All equipment, material, and services to be incorporated in or required for the Works shall have their originin any eligible source country as defined by the Bank.

The Contractor shall be responsible for the adequacy, stability and safety of all Site operations and of allmethods of construction. Except to the extent specified in the Contract, the Contractor (i) shall beresponsible for all Contractor's Documents, Temporary Works, and such design of each item of Plant andMaterials as is required for the item to be in accordance with the Contract, and (ii) shall not othenruise beresponsible for the design or specification of the Permanent Works.

The Contractor shall, whenever required by the Engineer, submit details of the arrangements andmethods which the Contractor proposes to adopt for the execution of the Works. No significant alterationto these arrangements and methods shall be made without this having previously been notified to theEngineer.

lf the Contract specifies that the Contractor shall design any part of the Permanent Works, then unlessothenivise stated in the Particular Conditions:

the Contractor shail submit to the Engineer the Contractols Documents for this part in accordancewith the procedures specified in the Contract;

these Contractor's Documents shall be in accordance with the Specification and Drawings, shall bewritten in the language for communications defined in Sub-Clause 1.4 [Law and Language], and shallinclude additional information required by the Engineer to add to the Drawings for co-ordination ofeach Party's designs;

the Contraclor shall be responsible for this part and it shall, when the Works are completed, be fit forsuch purposes for which the part is intended as are specified in the Contract; and

prior to the commencement of the Tests on Completion, the Contractor shall submit to the Engineerthe "as-built" documents and, if applicable, operation and maintenance manuals in accordance withthe Specification and in sufficient detail for the Employer to operate, maintain, dismantle, reassemble,adjust and repair this part of the Works. Such part shall not be considered to be completed for thepurposes of taking-over under Sub-Clause 1 0.'l fi-aking Over of the Works and Sections] until thesedocuments and manuals have been submitted to the Enoineer.

4.2 PerformanceSecuritv

The Contractor shall obtain (at his cost) a Performance Security for proper performance, in the amountstated in the Contract Data and denominated in the currency(ies) of the Contract or in a freely convertibiecurrency acceptable to the Employer. lf an amount is not stated in the Contract Data, this Sub-Clauseshall not apply.

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4.4 $ubcontractors

The Contractor shall not subcontract the whole of the Works.

The Contractor shall be responsible for the acts or defaults of any Subcontractor, his agents oremployees, as if they were the acts or defaults of the Contractor. Unless otherwise stated in the ParticularConditions:

(a) the Contractor shall not be required to obtain consent to suppliers solely of Materials, or to asubcontract for which the $ubcontractor is named in the Contract;

the prior consent of the Engineer shall be obtained to other proposed Subcontractors;

the Contractor shall give the Engineer not less than 28 days' notice of the intended date of thecommencement of each Subcontractois work, and of the commencement of such work on the Site;and

(d) each subcontract shall include provisions which would entitle the Employer to require the subcontractto be assigned to the Employer under Sub-Clause 4.5 [Assignment of Benelit of Subcontract] (if orwhen applicable) or in the event of termination under Sub-Clause 15.2 [ermination by Employer].

The Contractor shall ensure that the requirements imposed on the Contractor by Sub-Clause 1 .1 2[Confidential Details] apply equally to each Subcontractor.

Where practicable, the Contractor shall give fair and reasonable opportunity for contractors from theCountry to be appointed as Subcontractors,

4.5 Assignment of Benefit of Subcontract

lf a Subcontractor's obligations extend beyond the expiry date of the relevant Defects Notification Periodand the Engineer, prior to this date, instructs the Contractor to assign the benefit of such obligations to theEmployer, then the Contractor shall do so. Unless otherwise stated in the assignment, the Contractor shallhave no liability to the Employer for the work carried out by ihe Subcontractor after the assignment takeseffect.

4.6 Co-operation

The Contractor shall, as specified in the Contract or as instructed by the Engineer, allow appropriateopportunities for carrying out work to:

(a) the Employe/s Personnel,

(b) any other contractors employed by the Employer, and

(c) the personnel of any legally constituted public authorities,

who may be employed in the execution on or near the Site of any work not included in the Contract.

Any such instruction shall constitute a Variation if and to the extent that it causes the Contractor to sufferdelays and/or to incur Unforeseeable Cost. Services for these personnel and other contractors mayinclude the use of Contractor's Equipment, Temporary Works or access arrangements which are theresponsibility of the Contractor.

lf, under the Contract, the Employer is required to give to the Contractor possession of any foundation,structure, plant or means of access in accordance with Contractor's Documents, the Contractor shallsubmit such documents to the Enaineer in the time and manner stated in the Specification.

(b)

COPYRIGHT F ID IC JUNE 201O v

4"7 Setting Out

The Contractor shall set out the Works in relation to original points, lines and levels of reference specifiedin the Contract or notified by the Engineer. The Contractor shall be responsible for the correcl positioningof all parts of the Works, and shall rectify any error in the positions, levels, dimensions or alignment of theWorks.

The Employer shall be responsible for any errors in these specified or notified items of reference, but theContraclor shall use reasonable efforts to verifu their accuracy before they are used.

lf the Contractor suffers delay and/or incurs Cost from executing work which was necessitated by an errorin these items of reference, and an experienced contractor could not reasonably have discovered sucherror and avoided this delay and/or Cost, the Contractor shall give notice to the Engineer and shall beentitled subject to Sub-Clause 20.'1 [Contracto/s Claims]to:


(b) payment of any such Cost plus prolit, which shall be included in the Contrac{ Price.

After receiving this noiice, the Engineer shall proceed in accordance with Sub-Clause 3.5 [Determinations]to agree or determine (i) whether and (if so) to what extent the error could not reasonably have beendiscovered, and (ii) the matters described in sub-paragraphs (a) and (b) above related to this extent.

Safety Procedures

The Contractor shall:

(a) comply with all applicable safety regulations,

(b) take care for the safety of all persons entitled to be on the Site,

(c) use reasonable efforts to keep the Site and Works clear of unnecessary obstruciion so as to avoiddanger to these persons,

(d) provide fencing, lighting, guarding and watching of the Works until completion and taking over underClause '10

[Employefs Taking Over], and

(e) provide any Temporary Works (including roadways, footways, guards and fences) whlch may benecessary, because of the execution of the Works, for the use and protection of the public and ofowners and occuoiers of adiacent land.

Quality Assurance

The Contractor shall institute a quality assurance system to demonstrate compliance with therequirements of the Contract. The system shall be in accordance with the details stated in the Contract.The Engineer shall be entitled to audit any aspect of the system.

Details of all procedures and compliance documents shall be submitted to the Engineer for informationbefore each design and execution stage is commenced. When any document of a technical nature isissued to the Engineer, evidence of the prior approval by the Contractor himself shall be apparent on thedocument itself.

Cornpliance with the quality assurance system shall not relieve the Contractor of any of his duties,obligations or responsibilities under the Contract.

4.8

4.9


4.14 Site Data

The Employer shall have made available to the Contractor for his information, prior to the Base Date, allrelevant data in the Employe/s possession on suFsurface and hydrological conditions at the Site,including environmental aspects. The Employer shall similarly make available to the Contractor all suchdata which come into the Employer's possession after the Base Date. The Contractor shall be responsiblefor interpreting all such data.

To the extent which was practicable (taking account of cost and time), the Contractor shall be deemed tohave obtained all necessary information as to risks, contingencies and other circumstances which mayinfluence or affect the Tender or Works. To the same exient, the Contractor shall be deemed to haveinspected and examined the Site, its surroundings, the above data and other available information, and tohave been satisfied before submitting the Tender as to all relevant matters, including (without limitation):

(a) the form and nature of the Site, including sub-surface conditions,

(b) the hydrological and climatic conditions,

(c) the extent and nature of the work and Goods necessary for the execution and completion of theWorks and the remedying of any defects,

(d) the Laws, procedures and labour pradices of the Country, and

(e) the Contracto/s requirements for access, accommodation, facilities, personnel, power, transport,water and other services"

4.11 Sufficiency of the Accepted Contract Amount

The Contractor shall be deemed to:

(a) have satisfied himself as to the correctness and sufficiency of the Accepted Contract Amount, and

(b) have based the Accepted Contract Amount on the data, interpretations, necessary information,inspections. examinations and satisfaction as to all relevant matters referred to in Sub-Clause 4.10lSite Datal.

Unless otherwise stated in the Contract, the Accepted Contract Amount covers all the Contractot'sobligations under the Contract (including those under Provisional Sums, if any) and all things necessaryfor the proper execution and completion of the Works and the remedying of any defects.

4.12 Unforeseeable Phvsical Condit ions

In this Sub-Clause, "physical conditions" means natural physical conditions and man-made and otherphysical obstructions and pollutants, which the Contractor encounters at the Site when executing theWorks, including sub-surface and hydrological conditions but excluding climatic conditions.

lf the Contractor encounters adverse physical conditions which he considers to have been Unforeseeable,the Contractor shall give notice to the Engineer as soon as practicable.

This notice shall describe the physical conditions, so that they can be inspected by the Engineer, and shallset out the reasons why the Contractor considers them to be Unforeseeable. The Contractor shallcontinue executing the Works, using such proper and reasonable measures as are appropriate for thephysical conditions, and shall comply with any instructions which the Engineer may give. lf an instructionconstitutes a Variation, Clause '13

[Variations and Adjustments] shall apply.

lf and to the extent that the Contractor encounters physical conditions which are Unforeseeable, givessuch a notice, and suffers delay and/or incurs Cost due to these conditions, the Contractor shall be entitledsubject to notice under Sub-Clause 20.1 [Contractor's Claims] to:



(b) payment of any such Cost, which shall be included in the Contract Price.

Upon receiving such notice and inspecting and/or investigating these physical conditions, the Engineershall proceed in accordance with Sub-Clause 3.5 [Determinations] to agree or determine (i) whether and(if so) to what extent these physical conditions were Unforeseeable, and (ii) the matters described in sub-paragraphs (a) and (b) above related to this extent.

However, before additional Cost is finally agreed or determined under sub-paragraph (ii), the Engineermay also review whether other physical conditions in similar parts of the Works (if any) were morefavourable than could reasonably have been foreseen when the Contractor submitted the Tender. lf and tothe extent that these more favourable conditions were encountered, the Engineer may proceed inaccordance with Sub-Clause 3.5 [Determinations] to agree or determine the reductions in Cost whichwere due to these conditions, which may be included (as deductions) in the Contract Price and PaymentCertificates. However, the net effect of all adjustments under sub-paragraph (b) and all these reductions,for all the physical conditions encountered in similar parts of the Works, shall not result in a net reduction inthe Contract Price.

The Engineer shall take account of any evidence of the physical epnditions foreseen by the Contractorwhen submitiing the Tender, which shall be made available by the Contractor, but shall not be bound bythe Contractor's interpretation of anv such evidence.

4.13 Rights of Way and Facilities

Unless otherwise specified in the Contract the Employer shall provide effective access to and possessionof the Site including special and/or temporary rights-of-way which are necessary for the Works. TheContractor shall obtain, at his risk and cost, any additional rights of way or faciliiies outside the Site whichhe may require for the purposes of the Works.

4.14 Avoidance of Interference

The Contractor shall not interfere unnecessarily or improperly with:

(a) the convenience of the public, or

(b) the access to and use and occupation of all roads and footpaths, irrespective of whether they arepublic or in the possession of the Employer or of others.

The Contractor shall indemnifiT and hold the Employer harmless against and from all damages, losses andexpenses (including legal fees and expenses) resulting from any such unnecessary or improperinterference.

4.15 Access Route

The Contractor shall be deemed to have been satisfied as to the suitability and availability of accessroutes to the Site at Base Date. The Contractor shall use reasonable efforts to preveni any road or bridgefrom being damaged by the Contractois traffic or by the Contractois Personnel. These efforts shallinclude the proper use of appropriate vehicles and routes.

Except as otherwise stated in these Conditions:

(a) the Contractor shall (as between the Parties) be responsible for any maintenance which may berequired for his use of access routes;


(b) the Contractor shall provide all necessary signs or directions along access routes, and shall obtainany permission which may be required from the relevant authorities for his use of routes, signs anddirections;

(c) the Employer shall not be responsible for any claims which may arise from the use or othenvise ofany access route;

(d) the Employer does not guarantee the suitability or availability of particular access routes; and

(e) Costs due to non-suitability or non-availability, for the use required by the Contractor, of accessroutes shall be borne bv ihe Contractor.

4.16 Transport of Goods

Unless otherwise stated in the Partlcular Conditions

the Contractor shall give the Engineer not less than 21 days' notice of the date on which any Plant ora major item of other Goods will be delivered to the Site;

the Contractor shall be responsible for packing, loading, transporting, receiving, unloading, storingand protecting all Goods and other things required for the Works; and

the Contractor shall indemnifu and hold the Employer harmless against and from all damages, lossesand expenses (including legal fees and expenses) resulting from the transport of Goods, and shallnegotiate and pay all claims arising from their transporl.

4.17 Contractor's Equipment

The Contractor shall be responsible for all Contractor's Equipment. When brought on to ihe Site,Contractor's Equipment shall be deemed to be exclusively intended for the execution of the Works. TheContractor shall not remove from the Site any major items of Contractor's Equipment without the consenlof the Engineer. However, consent shall not be required for vehicles transporiing Goods or Contractor'sPersonnel off Site

4.18 Protection of the Environment

The Contractor shall take all reasonable steps to protect the environment (both on and off the Site) and tolimit damage and nuisance to people and property resulting from poilution, noise and other results of hisoperations.

The Contractor shall ensure that emissions, surface discharges and effluent from the Contractot'sactivities shall not exceed the values stated in the Specification or prescribed by applicable Laws.

4.19 Electricity, Water and Gas

The Contractor shall, except as stated below, be responsible for the provision of all power, water and otherservices he may require for his construction activities and to the extent defined in the Specifications, forthe tests.

The Contractor shall be entitled to use for the purposes of the Works such supplies of electricity, water,gas and other services as may be available on the Site and of which details and prices are given in theSpecification. The Contractor shall, at his risk and cost, provide any apparatus necessary for his use ofthese services and for measuring the quantities consumed.

The quantities consumed and the amounts due (at these prices) for such services shall be agreed ordetermined by the Engineer in accordance with Sub-Clause 2.5 [Employer's Claims] and Sub-Clause 3"5[Determinations]. The Contractor shall pay these amounts to the Employer.

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list of notices given under Sub-Clause 2.5 [Employer's Claims] and notices given under Sub-Clause20. 1 [Contractor's Claims];

safety statistics, including details of any hazardous incidents and activities relating to environmentalaspects and public relations; and

comparisons of actual and planned progress, with details of any events or circumstances which mayjeopardise the completion in accordance with the Contract, and the measures being (or to be)adopted to overcome delavs.

4.22 Securitv of the $ite

Unless othenryise stated in the Particular Conditions:

(a) the Contractor shall be responsible for keeping unauthorised persons off the Site, and

(b) authorised persons shall be limiied to the Contractor's Personnel and the Employeds Personnel; andto any other personnel notified to the Contractor, by the Employer or the Engineer, as authorisedpersonnel of the Emplover's other contractors on the Site,

4.23 Contractor's Ooerations on Site

The Contractor shall confine his operations to the Site, and to any additional areas which may be obtainedby the Contractor and agreed by the Engineer as additional working areas. The Contractor shall take allnecessary precautions to keep Contractor's Equipment and Contractor's Personnel within the Site andthese additional areas, and to keep them off adjacent land.

During the execution of the Works, the Contractor shall keep the Site free from all unnecessaryobstruction, and shall store or dispose of any Contractor's Equipment or surplus materials. The Contractorshall clear away and remove from the Site any wreckage, rubbish and Temporary Works which are nol nnnar ronr r i rod

Upon the issue of a Taking-Over Certificate, the Contractor shall clear away and remove, from that part ofthe Site and Works to which the Taking-Over Certificate refers, all Contractor's Equipment, surplusmaterial, wreckage, rubbish and Temporary Works. The Contractor shall leave that part of the Site and theWorks in a clean and safe condition. However, the Contractor may retain on Site, during the DefectsNotification Period, such Goods as are required for the Contraclor to fulfil obligations under the Contract.

4.24 Fossils

All fossils, coins, articles of value or antiquity, and structures and other remains or items of geological orarchaeological interest found on the Site shall be placed under the care and authority of the Employer.The Contractor shall take reasonable precautions to prevent Contractois Personnel or other persons fromremoving or damaging any of these findings.

The Contractor shall, upon discovery of any such finding, promptly give notice to the Engineer, who shallissue instructions for dealing with it. lf the Contractor suffers delay andlor incurs Cost from complying withthe instructions, the Contractor shall give a further notice to the Engineer and shall be entitled subject toSub-Clause 20.1 [Conkactois Claims] to:


(b) payment of any such Cos1, which shall be included in the Contract Price.

After receiving this fut1her notice, the Engineer shall proceed in accordance with Sub-Clause 3.5[Determinations] to agree or determine these matters.

(f)

(s)

(h)


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5.2

Nom inated Subcontractors

Defi nition of "nominated Subcontractor"

In the Contract, "nominated Subcontraclot'' means a Subcontractor:

(a) who is stated in the Contract as being a nominated Subcontractor, or

(b) whom the Engineer, under Clause 13 fVariations and Adjustments], instructs the Contractor toemploy as a Subcontractor subject to Sub-Clause 5.2 [Objection to Notification].

Objection to Nomination

The Contractor shall not be under any obligation to employ a nominated Subcontractor against whom theContraclor raises reasonable objection by notice to the Engineer as soon as practicable, with suppodingparticulars. An objection shall be deemed reasonable if it arises from (among other things) any of thefollowing matters, unless the Employer agrees in writing to indemniflT the Contractor against and from theconsequences of the matter;

(a) there are reasons to believe that the Subcontractor does not have sufficient competence, resourcesor financial strength;

(b) the nominated Subcontractor does not accept to indemnify the Contractor against and from anynegligence or misuse of Goods by the nominated Subcontractor, his agents and employees; or

(c) the nominated Subcontractor does not accept to enter into a subcontract which specifies that, for thesubcontracted work (inctuding design, if any), the nominated Subcontractor shall:

0 undertake to the Contractor such obligations and liabilities as will enable the Contractor todischarge his obligations and liabilities under the Contract,

(iD indemnifu the Contractor against and from all obligations and liabilities arising under or inconnection with the Contract and from the consequences of any failure by the Subcontractor toperform these obligations or to fulfil these liabllities, and

(iii) be paid only if and when the Contractor has received from the Employer payments for sums dueunder the Subcontract referred to under SutrClause 5.3 [Payment to nominatedSubcontractorsl"

5.3 Payments to nominated Subcontractors

The Contractor shall pay to the nominated Subcontractor the amounts shown on the nominatedSubcontractor's invoices approved by the Contractor which the Engineer certifies to be due in accordancewith the subcontract. These amounts plus other charges shall be included in the Contract Price inaccordance with sub-paragraph (b) of Sub-Clause 13.5 [Provislonal Sums], except as stated in Sub-Clause 5.4 [Evidence of Payments].

5.4 Evidence of Pavments

Before issuing a Payment Certificate which includes an amount payable to a nominated Subcontractor,the Engineer may request the Contractor to supply reasonable evidence that the nominated Subcontractorhas received all amounts due in accordance with previous Payment Certificates, less applicabledeductions for retention or otherwise. Unless the Contractor:

(a) submits this reasonable evidence to the Engineer, or

COPYRIGHT F ID IC JUNE 201O 30

o

A 1

(b) (i) satisfies the Engineer in writing that the Contractor is reasonably entitled to withhold or refuse topay these amounts, and

(ii) submits to the Engineer reasonable evidence that the nominated Subcontractor has beennotified of the Contractor'$ entitlement,

then the Employer may (at his sole discretion) pay, direct to the nominated Subcontractor, part or all ofsuch amounts previously certified (less applicable deductions) as are due to the nominated Subcontractorand for which the Contractor has failed to submit the evidence described in sub-paragraphs (a) or (b)above. The Contractor shall then repay, to the Employer, the amount which the nominated Subcontraciorwas directly paid by the Employer.

Staff and Labour

Engagement of Staff and Labour

Except as otherwise stated in the Specification, the Contractor shall make arrangements for theengagement of all staff and labour, local or otherwise, and for their payment, feeding, transport and, whenappropriate, housing.

The Contractor is encouraged, to the extent practicable and reasonable, to employ staff and labour withappropriate qualifications and experience from sources within the Country.

Rates of Wages and Condition$ of Labour

The Contractor shall pay rates of wages, and observe conditions of labour, which are not lower than thoseestablished for the trade or industry where the work is carried out. lf no established rates or conditions areapplicable, the Contractor shall pay rates of wages and observe conditions which are not lower than thegeneral level of wages and conditions observed locally by employers whose trade or industry is similar tothat of the Contractor.

The Contractor shall inform the Contracto/s Personnel about their liability to pay personal income taxes inthe Country in respect of such of their salaries, wages, allowances and any benefits as are subject to taxunder the Laws of the Country for the time being in force, and the Contractor shall perform such duties inregard to such deductions thereof as may be imposed on him by such Laws.

Persons in the Service of Employer

The Contractor shall not recruit, or attempt to recruit, staff and labour from amongst the Employe/sPersonnel.

Labour Laws

The Contractor shall comply with all the relevant labour Laws applicable to the Contractof s Personnel,including Laws relating to their employment, health, safety, weifare, immigration and emigration, and shallallow them all their legal rights.

The Contractor shall require his empioyees to obey all applicable Laws, including those concerning safetyat work.

Working Hours

No work shall be carried out on the Site on locally recognised days of rest, or outside the normal workinghours stated in the Contract Data, unless:

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COPYRIGHT F ID IC JUNE 201O'1,1

othemise stated in the Contract,

the Engineer gives consent, or

the work is unavoidable, or necessary for the protection of life or properfy or for the safety of theWorks, in which case the Contractor shall immediately advise the Engineer.

6.6 Facilities for Staff and Labour

Except as otherwise stated in the Specification, the Contractor shall provide and maintain all necessaryaccommodation and welfare facilities for the Contractols Personnel. The Contractor shall also providefacilities for the Employer's Personnel as stated in ihe Specification.

The Contractor shall not permit any of the Contractor's Personnel to maintain any temporary or permanentliving quarters within the structures forming part of the Permanent Works.

6.7 Health and Safetv

The Contractor shall at all times take all reasonable precautions to maintain the health and safety of theContractor's Personnel. In collaboration with local health authorities, the Contractor shall ensure thaimedical staff, first aid facilities, sick bay and ambulanc,e service are available at all times at the Site and atany accommodation for Contractor's and Employe/s Personnel, and that suitable arrangements are madefor all necessary welfare and hygiene requirements and for ihe prevention of epidemics.

The Contractor shall appoint an arcident prevention officer at the Site, responsible for maintaining safetyand protection against accidents. This person shall be qualified for this responsibility, and shall have theauthority to issue instructions and take protective measures to prevent accidents. Throughout theexecution of the Works, the Contractor shall provide whatever is required by this person to exercise thisresponsibility and authority.

The Contractor shall send, to the Engineer, details of any accident as soon as practicable after itsoccurrence. The Contractor shall maintain records and make reports concerning health, safety andwelfare of persons, and damage to property, as the Engineer may reasonably require.

HIV-AIDS Prevention. The Contractor shall conduct an HIV-AIDS awareness programme via an approvedservice provider, and shall undertake such other measures as are specified in this Contract to reduce therisk of the transfer of the HIV virus between and among the Contractois Personnel and the localcommunity, to promote early diagnosis and to assist affecled individuals.

The Contractor shall throughout the contract (including the Defects Notification Period): (i) conductInformation, Education and Communication (lEC) campaigns, at least every other month, addressed to allthe Site staff and labour (including all the Contractor's employees, all Subcontractors and any otherContractofs or Employe/s personnel employees, and all truck drivers and crew making deliveries to Sitefor construction activities) and to the immediate local communities, concerning the risks, dangers andimpact, and appropriate avoidance behaviour with respect to, of Sexually Transmitted Diseases (STD) - orSexually Transmitted Infections (STl) in general and HIV/AIDS in particular; (ii) provide male or femalecondoms for all Site staff and labour as appropriate; and (iii) provide for STI and HIV/AIDS screening,diagnosis, counselling and referral to a dedicated national STI and HIV/AIDS programme, (unlessotherwise agreed) of all Site staff and labour.

The Contractor shall include in the programme to be submitted for the execution of the Works under Sub-Clause 8.3 an alleviation programme for Site staff and labour and their families in respect of SexuallyTransmitted Infections (STl) and Sexually Transmitted Diseases (STD) including HIV/AIDS. The STl, STDand HIV/AIDS alleviation programme shall Indicate when, how and at what cost the Contractor plans tosatisfy the requirements of this Sub-Clause and the related specification. For each component, theprogramme shall detail the resources to be provided or utilised and any related sub-contracting proposed.The programme shall also include provision of a detailed cost estimate with supporting documentation.Payment to the Contractor for preparation and implementation this programme shall not exceed theProvisional Sum dedicated for this purpose.

(a)

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Contractor's Superintendence

Throughout the execution of the Works, and as long thereafter as is necessary to fulfil the Contractor'sobligations, the Contractor shall provide all necessary superintendence to plan, arrange, direct, manage,inspect and test the work.

Superintendence shall be given by a sufficient number of persons having adequate knowledge of thelanguage for communications (defined in Sub-Clause 'l .4 [Law and Language]) and of the operations tobe carried out (including the methods and techniques required, the hazards likely to be encountered andmethods of preventing accidents), for the satisfactory and safe execution of the Works.

Contractor's Person nel

The Contractor's Personnel shall be appropriately qualified, skilled and experienced in their respectivetrades or orcupations. The Engineer may require the Contractor to remove (or cause to be removed) anyperson employed on the Site or Works, including the Contractor's Representative if applicable, who:

persists in any misconduct or lack of care,

canies out duties incompetently or negligently,

fails to conform with any provisions of the Contract, or

persists in any conduct which is prejudicial to safety, health, or the protection of the environment

lf appropriate, the Contractor shall then appoint (or cause to be appointed) a suitable replacement person.

Records of Contractor's Personnel and Equipment

The Contractor shall submit, to the Engineer, details showing the number of each class of Contractot'sPersonnel and of each type of Contractor's Equipment on the Site. Details shall be submitted eachcalendar month, in a form approved by the Engineer, until the Contractor has completed all work which isknown to be outstanding at the completion date stated in the Taking-Over Certificate for the Works.

Disorderly Gonduct

The Contractor shall at all times take all reasonable precautions to prevent any unlaMul, riotous ordisorderly conduct by or amongst the Contractor's Personnel, and to preserve peace and protection ofpersons and property on and near the Site.

Foreign Personnel

The Contractor may bring in to the Country any foreign personnel who are necessary for the execution ofthe Works to the extent allowed by the applicable Laws. The Contractor shall ensure that these personnelare provided with the required residence visas and work permits. The Employer will, if requested by theContractor, use his best endeavours in a timely and expeditious manner to assist the Contractor inobtaining any local, state, national or government permission required for bringing in the Contractolspersonner.

The Contractor shall be responsible for the return of these personnel to the place where they wererecruited or to their domicile. In the event of the death in the Country of any of these personnel ormembers of their families, the Contractor shall similar! be responsible for making the appropriatearrangements for their return or burial.

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(b)

(d)


6.13 Supply of Foodstuffs

The Contractor shall arrange for the provision of a sufficient supply of suitable food as may be stated in theSpecification at reasonable prices for the Contractor's Personnel for the purposes of or in connection withthe Contract.

6.14 Supply of Water

The Contractor shall, having regard to local conditions, provide on the Site an adequate supply of drinkingand other water for the use of the Contractor's Personnel.

6.15 Measures against lnsect and Pest Nuisance

The Contractor shall at all times take the necessary precautions to protect the Contractois Personnelemployed on the Site from insect and pest nuisance, and to reduce the danger to their health. TheContractor shall comply with all the regulations of the local health authorities, including use of appropriateinsecticide.

6.16 Alcoholic Liquor or Drugs

The Contractor shall not, otherwise than in accordance with the Laws of the Country, import, sell, give,barler or otherwise dispose of any alcoholic liquor or drugs, or permit or allow importation, sale, gift, barteror disposal thereof by Contracto/s Personnel.

6.17 Arms and Amnrunit ion

The Contractor shall not give, barter, or otheruise dispose of, to any person, any arms or ammunition ofany kind, or allow Contractois Personnel to do so.

6.18 Festivals and Relioious Customs

The Contractor shall respect the Country's recognized festivals, days of rest and religious or othercusloms.

6.19 Funeral Arrangements

The Contractor shall be responsible, to the extent required by local regulations, for making any funeralarrangements for any of his local employees who may die while engaged upon the Works.

6.20 Forced Labour

The Contractor shall not employ forced labour, which consists of any work or service, not voluntarilyperformed, that is exacted from an individual under threat of force or penalty, and includes any kind ofinvoluntary or compulsory labour, such as indentured labour, bonded labour or similar labour-contractingarrangements.

6.21 Child Labour

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The Contractor shall not employ children in a manner that is economically exploitative, or is likely to behazardous, or to interfere with, the child's education, or to be harmful to the child's health or physical,mental, spiritual, moral, or social development. Where the relevant labour laws of the Country haveprovisions for employment of minors, the Contractor shall follow those laws applicable to the Contractor.Children below the age of 18 years shall not be employed in dangerous work.

6.22 Employment Records of Workers

The Contractor shall keep complete and accurate records of the employment of labour at the Site. Therecords shall include the names, ages, genders, hours worked and wages paid to all workers. Theserecords shall be summarized on a monthly basis and submitted to the Fngineer. These records shail beincluded in the details to be submitted by the Contractor under Sub-Clause 6.10 [Records of Contractot'sPersonnel and Equipmentl.

6.23 Workers' Organisations

ln countries where the relevant labour laws recognise workers' rights to form and to join workers'organisations of their choosing without interference and to bargain colleciively, the Contractor shall complywith such laws. Where the relevant labour laws substantially restrict workers' organisations, the Contractorshall enable alternative means for the Contractor's Personnel to express their grievances and protect theirrights regarding working conditions and terms of employment. In either case described above, and wherethe relevant labour laws are silent, the Contractor shall not discourage the Contractor's Personnel fromforming or joining workers' organisations of their choosing or from bargaining collectively, and shall notdiscriminate or retaliate against the Contractor's Personnel who participate, or seek to pafticipate, in suchorganisations and bargain collectively. The Contractor shall engage with such workers' representatives.Workers' organisations are expected to fairly represent the workers in the workforce.

6.24 Non-Discrimination and Equal Opportunity

The Contractor shall not make employment decisions on the basis of personal characteristics unrelated toinherent job requirements. The Contractor shall base the employment relationship on the principle of equalopportunity and fair treatment, and shall not discriminate with respect to aspects of the employmentrelationship, including recruitment and hiring, compensation (including wages and benefits), workingconditions and ierms of employment, access to training, promotion, termination of employment orretirement, and discipline. In countries where the relevant labour laws provide for non-discrimination inemploymeni, the Contractor shall comply with such laws. When the relevant iabour laws are silent on non-discrimination in employment, the Contractor shall meet this Sub-Clause's requirements. Specialmeasures of protection or assisiance to remedy past discrimination or selection for a parlicular job basedon the inherent requirements of the job shall not be deemed discrimination,

Plant, Materials and Workmanship

Manner of Execution

The Contractor shall carry out the manufacture of Plant, the production and manufacture of Materials, andall other execution of the Works:

(a) in the manner (if any) specified in the Contract,

(b) in a proper workmanlike and careful manner, in accordance with recognised good practice, and

(c) with properly equipped facilities and non-hazardous Materials, except as otherwise specified in theContract.

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7 .3

Samoles

The Contractor shall submit the following samples of Materials, and relevant information, to the Engineerfor consent prior to using the Materials in or for the Works:

(a) manufacture/s standard samples of Materials and samples specified in the Contract, all at theContractois cost, and

(b) additional samples instructed by the Engineer as a Variation.

Each sample shall be labelled as to origin and intended use in the Works.

lnspection

The Employer's Personnel shall at all reasonable times;

(a) have full access to all parts of the Site and to all places from which natural Materials are beingobtained, and

(b) during production, manufacture and construction (at the Site and elsewhere), be entitled to examine,inspect, measure and test the materials and workmanship, and to check the progress of manufactureof Plant and production and manufacture of Materials.

The Contractor shall give the Employer's Personnel full opportunlty to carry out these activities, includingproviding access, facilities, permissions and safety equipment. No such activity shall relieve the Contractorfrom any obligation or responsibility.

The Contractor shall give notice to the Engineer whenever any work is ready and before it is covered up,put out of sight, or packaged for storage or transport. The Engineer shall then either carry out theexamination, inspection, measurement or testing without unreasonable delay, or promptly give notice tothe Contractor that the Engineer does not require to do so. lf the Contractor fails to give the notice, heshall, if and when required by the Engineer, uncover the work and thereafter reinstate and make good, allat the Contracto/s cost.

Testing

This Sub-Clause shall apply to all tests specified in ihe Contract, other than the Tests afier Completion (ifany)'

Except as otherwise specified in the Contract, the Contractor shall provide all apparatus, assistance,documents and other information, electricity, equipment, fuel, consumables, instruments, labour,materials, and suitably qualified and experienced staff, as are necessary to carry out the specified testsefficiently. The Contractor shall agree, with the Engineer, the time and place for the specified testing of anyPlant, Materials and other parts of the Works.

The Engineer may, under Clause 13 [Variations and Adjustments], vary the location or details of specifledtests, or instruct the Contractor to carry out additional tests. lf these varied or additional tests show that thetested Plant, Materials or workmanship is not in accordance with the Contract, the cost of canying out thisVariation shall be borne by the Contractor, notwithstanding other provisions of the Contract.

The Engineer shall give the Contractor not less than 24 hours' notice of the Engineer's intention to attendthe tests. lf the Engineer does not attend at the time and place agreed, the Contractor may proceed withthe tests, unless othenrvise instructed by the Engineer, and the tests shall then be deemed to have beenmade in the Engineer's presence.

lf the Contractor suffers delay and/or incurs Cost from complying with these instructions or as a result of adelay for which the Employer is responsible, the Contractor shall give notice to the Engineer and shall beentitled subject to Sub-Clause 20.1 [Contracto/s Claims]to:

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The Contractor shall promptly foruard to the Engineer duly certified repofts of the tests. When thespecified tests have been passed, the Engineer shall endorse the Contractor's test certificate, or issue acertificate to him, to that effect. lf the Engineer has not attended the tests, he shall be deemed to haveaccepted the readings as accurate.

7.5 Rejection

lf, as a result of an examination, inspection, measurement or testing, any Plant, Materials or workmanshipis found to be defective or otheruise not in accordance with the Contract, the Engineer may reject thePlant, Materials or workmanship by giving notice to the Contractor, with reasons. The Contractor shall thenpromptly make good the defect and ensure that the rejected item complies with the Contract.

lf the Engineer requires this Plant, Materials or workmanship to be retested, the tests shall be repeatedunder the same terms and conditions. lf the rejection and retesting cause the Employer to incur additionalcosts, the Contractor shall subject to Sub-Clause 2.5 [Employeis Claims] pay these costs to theEmployer"

7.6 RemedialWork

Notwithstanding any previous test or certification, the Fngineer may instruct the Contractor to;

(a) remove from the Site and replace any Plant or Materials which is not in accordance with the Contract,

(b) remove and re-execute any other work which is not in accordance with the Coniract, and

(c) execute any work which is urgently required for the safety of the Works, whether because of anaccident, unforeseeable event or otherwise.

The Contractor shall comply with the instruction within a reasonable time, which shall be ihe time (if any)specified in the instruction, or immediately if urgency is specified under sub-paragraph (c).

lf the Contractor fails to comply with the instruction, the Employer shall be entitled to employ and pay otherpersons to carry out the work. Except to the extent that the Contractor would have been entitled topayment for the work, the Contractor shall subject to Sub-Clause 2.5 lEmployeis Claims] pay to theEmployer all costs arising from this failure.

Ownership of Plant and Materials

Except as otherwise provided in the Contract, each item of Plant and Materials shall, to the extentconsistent with the Laws of the Country, become the property of the Employer at whichever is the earlierof the following times, free from liens and other encumbrances:

(a) when it is incorporated in the Works;

(b) when the Contractor is paid the corresponding value of the Flant and Materials under Sub-Clause8.10 [Payment for Plant and Materials in Fvent of Suspension].

Royalties

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Unless otherwise stated in the Specification, the Contractor shall pay all royalties, rents and otherpayments for:

(a) natural Materials obtained from outside the Site, and

(b) the disposal of material from demolitions and excavations and of other surplus material (whethernatural or man-made), except to the extent that disposal areas within the Site are specified in theContract.

Commencement, Delays and $uspension

Commencement of Works

Except as otherwise specified in the Particular Conditions of Contract, the Commencement Date shall bethe date at which the following precedent conditions have all been fulfilled and the Engineer's notificationrecording the agreement of both Parlies on such fulfilment and instructing to commence the Work isreceived by the Contractor:

(a) signature of the Contract Agreement by both Parties, and if required, approval of the Contract byrelevant authorities of the Country;

(b) delivery to the Contractor of reasonable evidence of the Employels financial arrangements (underSub-Clause 2.4 [Employe/s Financial Arrangements]);

(c) except if otherwise specified in the Contract Data, effective access to and possession of the Sitegiven to the Contractor together with such permission(s) under (a) of Sub-Clause 1.13 [Compliancewith Lawsl as required for the commencement of the Works,

(d) receipt by the Contractor of the Advance Payment under Sub-Clause 14.2 [Advance Payment]provided that the corresponding bank guarantee has been delivered by the Contractor.

lf the said Engineef s instruction is not received by the Contractor within 180 days from his receipt of theLetter of Acceptance, the Contractor shall be entitled to terminate the Contract under Sub-Clause 16.2[ermination by Contractor]"

The Contractor shall cornmence the execution of the Works as soon as is reasonably practicable after theCommencement Date, and shall then proceed with the Works with due expedition and without delay.

Time for Completion

The Contractor shall complete the whole of the Works, and each Section (if any), within the Time forCompletion for the Works or Section (as the case may be), including:

(a) achieving the passing of the Tests on Completion, and

(b) completing all work which is stated in the Contract as being required for the Works or Seclion to beconsidered to be completed for the purpo$es of taking-over under Sub-Clause 1 0.'l fl'aking Over ofthe Works and Sectionsl.

Programme

The Contractor shall submit a detailed time programme to the Engineer within 28 days after receiving thenotice under $ub-Clause 8.'l [Commencement of Works]. The Contractor shall also submit a revisedprogramme whenever the previous programme is inconsistent with actual progress or with theContractor's obligations. Each programme shall include:

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(a) the order in which the Contractor intends to carry out the Works, including the anticipated timing ofeach stage of design (if any), Contractor's Documents, procurement, manufacture of Plant, deliveryto Site, construction, erection and testing,

(b) each of these stages for work by each nominated Subcontractor (as defined in Clause 5 [NominatedSubcontractorsl),

(c) the sequence and timing of inspections and tests specified in the Contract, and

(d) a supporting report which includes:

(i) a general description of the methods which the Contractor intends to adopt, and of the majorstages, in the execution of the Works, and

(ii) details showing the Contractor's reasonable estimate of the number of each class ofContractor's Personnel and of each type of Contracto/s Equipment, required on the Site foreach major stage.

Unless the Engineer, within 21 days after receiving a programme, gives notice to the Contractor statingthe extent to which it does not comply with the Contract, the Contractor shall proceed in accordance withthe programme, subject to hls other obligations under the Contract. The Employeds Personnel shall beentitled to rely upon the programme when planning their activities.

The Contractor shall promptly give notice to the Engineer of specific probable future events orcircumstances which may adversely affect the work, increase the Contract Price or delay the execution ofthe Works. The Engineer may require the Contractor to submit an estimate of the anticipated effect of thefuture event or circumstances, andlor a proposal under Sub-Clause 13.3 fVariation Procedurel.

lf , at any time, the Engineer gives notice to the Contractor that a programme fails (to the extent stated) tocomply with the Contract or to be consistent with actual progress and the Contractor's stated intentions,the Contractor shall submit a revised programme to the Fngineer in accordance with this Sub-Clause.

Extension of Time for Completion

The Contractor shall be entitled subjectto Sub-Clause 20.1 [Contractor's Claims] to an extension of theTime for Completion if and to the extent that completion for the purposes of Sub-Clause 1 0.I [aking Overof the Works and Sectionsl is or will be delayed by any of the following causes:

(a) a Variation (unless an adjustment to the Time for Completion has been agreed under Sub-Clause13.3 [Variation Procedure]) or other substantial change in the quantity of an item of work included inthe Contract,

(b) a cause of delay giving an entitlement to extension of time under a Sub-Clause of these Conditions,

(c) exceptionallyadverseclimaticconditions,

(d) Unforeseeable sho(ages in the avaiiability of personnel or Goods caused by epidemic orEovernmental actions, or

(e) any delay, impediment or prevention caused by or attributable to the Employer, the Employer'sPersonnel, or the Employer's other contractors.

lf the Contractor considers himself to be entitled to an extension of the Time for Completion, theContraclor shall give notice to the Engineer in arcordance with Sub-Clause 20.1 lcontractofs Claims].When determining each extension of time under Sub-Clause 20.1 , the Engineer shall review previousdeterminations and may increase, but shall not decrease, the total extension of time,

Delays Caused by Authorities

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8.6

lf the following conditions apply, namely;

(a) the Contractor has diligently followed the procedures laid down by the relevant legally constitutedpublic auihorities in the Country,

(b) these authorities delay or disrupt the Contractor's work, and

(c) the delay or disruption was Unforeseeable,

then this delay or disruption will be considered as a cause of delay under sub-paragraph (b) of Sub-Clause8.4 [fxtension of Time for Completion].

Rate of Progress

lf, at any time:

(a) actual progress is too slow to complete within the Time for Completion, and/or

(b) progress has fallen (or will fall) behind the current programme under Sub-Clause 8.3 [Programme],

other than as a result of a cause listed in Sub-Clause 8.4 [Extension of Time for Completion], then theEngineer may instruct the Contractor to submit, under Sub-Clause 8.3 [Programme], a revised programmeand supporting report describing the revised methods which the Contractor proposes to adopt in order toexpedite progress and complete within the Time for Completion.

Unless the Engineer notifies otherwise, the Contractor shall adopt these revised methods, which mayrequire increases in the working hours and/or in the numbers of Contractor's Personnel and/or Goods, atthe risk and cost of the Contractor. lf these revised methods cause the Employer to incur additional costs,the Contraclor shall subject to notice under Sub-Clause 2.5 [Employe/s Claims] pay these costs to theEmployer, in addition to delay damages (if any) under Sub-Clause 8.7 below.

Additional costs of revised methods including arceleration measures, instructed by the Engineer to reducedelays resulting from causes listed under Sub-Clause 8.4 [Extension of Time for Completion] shall be paidby the Employer, without generating, however, any other additional payment benefit to the Contractor.

Delay Damages

lf the Contractor fails to comply with Sub-Clause 8.2 [ime for Completion], the Contractor shall subject tonotice under Sub-Clause 2.5 [Employer's Claims] pay delay damages to the Empioyer for this default.These delay damages shall be the sum stated in the Contract Data, which shall be paid for every daywhich shall elapse between the relevant Time for Completion and the date stated in the Taking-OverCertificate. However, the toial amount due under this Sub-Clause shall not exceed the maximum amountof delay damages (if any) stated in the Contract Data.

These delay damages shall be the only damages due from the Contractor for such default, other than inthe event of termination under Sub-Clause 1 5.2 [ermination by Employer] prior to completion of theWorks. These damages shall not relieve the Contractor from his obligation to complete the Works, or fromany other duties, obligations or responsibilities which he may have under the Contract.

Suspension of Work

The Engineer may at any time instruct the Contractor to suspend progress of part or all of the Works.During such suspension, the Contractor shall protect, store and secure such part or the Works against anydeterioration, loss or damage.

The Engineer may also notify the cause for the suspension. lf and to the extent that the cause is notifiedand is the responsibil i ty of the Contractor, the following Sub-Clauses 8.9, 8.10 and 8.11 shall not apply.

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8.9 Consequences of Suspension

lf the Contractor suffers delay and/or incurs Cost from complying with the Engineeis instructions underSub-Clause 8.8 [Suspension of Work] and/or from resuming the work, the Contractor shall give notice tothe Engineer and shall be entitled subject to Sub-Clause 20.1 [Contractois Claims] to:


(b) payment of any such Cost, which shall be included in the Contract Price.

After receiving this notice, the Fngineer shall proceed in accordance with Sub-Clause 3.5 [Determinations]to agree or determine these matters.

The Contractor shall not be entltled to an extension of iime for, or to payment of the Cost incurred in,making good the consequences of the Contractor's faulty design, workmanship or materials, or of theContractor's failure to protect, store or secure in arcordance with Sub-Clause 8.8 [Suspension of Work].

8.10 Payment for Plant and Materials in Event of Suspension

The Contractor shall be entitled to payment of the value (as at the date of suspension) of Plant andlorMaterials which have not been delivered to Site, if:

(a) the work on Plant or delivery of Plant and/or Materials has been suspended for more than 28 days,and

(b) the Contractor has marked the Plant and/or Materials as the Employer's property in accordance withthe Engineer's instructions.

8.11 Prolonged Suspension

lf the suspension under Sub-Clause 8.8 fSuspension of Workj has enntinued for more than M days, theContractor may request the Engineer's permission to proceed. lf the Engineer does not give permissionwithin 28 days after being requested to do so, the Contractor may, by giving notice to the Engineer, treatthe suspension as an omission under Clause 13 [Variations and Adjustments] of the affecied part of theWorks. lf the suspension affects the whole of the Works, the Contractor may give notice of terminationunder Sub-Clause 16.2 fTermination bv Contractorl.

8.12 Resumption of Work

After the permission or instruction to proceed is given, the Contractor and the Engineer shall jointlyexamine the Works and the Plant and Materials affected by the suspension. The Contractor shall makegood any deterioration or defect in or loss of the Works or Plant or Materials, which has occurred duringthe suspension after receiving from the Engineer an instruction to this effect under Clause 13 lvariationsand Adjustmentsl.

Tests on Completion

Contractor's Obligations

The Contractor shall carry out the Tests on Completion in accordance with this Clause and Sub-Clause7.4 [esting], affer providing the documents in accordance with sub-paragraph (d) of Sub-Clause 4.1[Contractor's General Obligations].

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COPYRIGHT F ID IC JUNE 20 '10 41

9.2

The Contractor shall give to the Engineer not iess than 21 days' notice of the date after which theContractor will be ready to carry out each of the Tests on Completion. Unless otheruise agreed, Tests onCompletion shall be carried out within 14 days after this date, on such day or days as the Fngineer shallinstruct.

In considering the results of the Tests on Completion, the Engineer shall make allowances for the effect ofany use of the Works by the Employer on the performance or other characteristics of the Works. As soonas the Works, or a Section, have passed any Tests on Completion, the Contractor shall submit a certifiedreport of the results of these Tests to the Engineer.

Delayed Tests

lf the Tests on Completion are being unduly delayed by the Employer, Sub-Clause 7.4 fl-esting] (fifthparagraph) and/or $ub-Clause 10.3 finterference with Tests on Compleiionl shall be applicable.

lf the Tests on Completion are being unduly delayed by the Contractor, the Engineer may by noticerequire the Contractor to carry out the Tests within 21 days after receiving the notice. The Contractor shallcarry out the Tests on such day or days within that period as the Contractor may fix and of whlch he shallgive notice to the Engineer.

lf the Contractor fails to carry out the Tests on Completion within the period of 21 days, the Employe/sPersonnel may proceed with the Tests at the risk and cost of the Contractor. The Tests on Completionshall then be deemed to have been carried out in the presen€ of the Contractor and the results of theTests shall be accepted as accurate.

Retesting

lf the Works, or a Section, fail to pass the Tests on Completion, Sub-Clause 7.5 [Rejection] shall apply,and the Engineer or the Contractor may require the failed Tests, and Tests on Completion on any relatedwork, to be repeated under the same terms and conditions.

Failure to Pass Tests on Completion

tf the Works, or a Section, fail to pass the Tests on Completion repeated under Sub-Clause 9.3[Retesting], the Engineer shall be entitled to:

(a) order further repetition of Tests on Completion under Sub-Clause 9.3;

(b) if the failure deprives the Employer of substantially the whole benefit of the Works or Section, rejectthe Works or Section (as the case may be), in which event the Employer shall have the sameremedies as are provided in sub-paragraph (c) of Sub-Clause 11.4 [Failure to Remedy Defects]; or

(c) issue a Taking-Over Certificate, if the Employer so requests.

In the event of sub-paragraph (c), the Contractor shall proceed in accordance with all other obligationsunder the Contract, and the Contract Price shall be reduced by such amount as shall be appropriate tocover the reduced value to the Employer as a result of this failure. Unless the relevant reduction for thisfailure is stated (or its method of calculation is defined) in the Contract, the Employer may require thereduction to be (i) agreed by both Pariies (in full satisfaction of this failure only) and paid before thisTaking-Over Certificate is issued, or (ii) determined and paid under Sub-Clause 2.5 [Employeds Claims]and Sub-Clause 3.5 [Determinations].

Employer's Taking Over

10.1 Takinq Over of the Works and Sections

93

9.4

10


Except as stated in Sub-Clause 9.4 [Failure to Pass Tests on Completion], the Works shall be taken overby the Employer when (i) the Works have been completed in accordance with the Contract, including thematters described in Sub-Clause 8.2 ffime for Completion] and except as allowed in sub-paragraph (a)below, and (ii) a Taking-Over Certificate for the Works has been issued, or is deemed to have been issuedin accordance with this Sub-Clause.

The Contractor may apply by notice to the Engineer for a Taking-Over Certificate not earlier than '14 daysbefore the Works will, in the Contractor's opinion, be complete and ready for taking over, lf the Works aredivided into Sections, the Contractor may similady apply for a Taking-Over Certificate for each Section.

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

(a) issue the Taking-Over Certiflcate to the Contractor, stating the date on which the Works or Sectionwere completed in accordance with the Contract, except for any minor outstanding work and defectswhich will not substantially affect the use of the Works or Section for their intended purpose (eitheruntil or whilst this work is completed and these defects are remedied); or

(b) reject the application, giving reasons and specifying the work required to be done by the Contractorto enable the Taking-Over Cerlificate to be issued. The Contractor shall then complete this workbefore issuing a further notice under this Sub-Clause.

lf the Engineer fails either to issue the Taking-Over Certificate or to reject the Contractof s applicationwithin the period of 28 days, and if the Works or Section (as the case may be) are substantially inaccordance with the Contract, the Taking-Over Certificate shall be deemed to have been issued on thelast day of that period.

1A.2 Taking Over of Parts of the Works

The Engineer may, at the sole discretion of the Employer, issue a Taking-Over Certificate for any part ofthe Permanent Works.

The Fmployer shall not use any part of the Works (other than as a temporary measure which is eitherspecified in the Contract or agreed 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 Certifcate is issued:

(a) the part which is used shall be deemed to have been taken over as from the date on which it is used,

(b) the Contractor shall cease to be liable for the care of such part as from this date, when responsibilityshall pass to the Employer, and

(c) if requested by the Contractor, the Engineer shall issue a Taking-Over Certificate for this part.

After the Engineer has issued a Taking-Over Certificate for a part of the Works, the Contractor shall begiven the earliest opportunity to take such steps as may be necessary to carry out any outstanding Testson Completion. The Contractor shall carry out these Tests on Completion as soon as practicable beforethe expiry date of the relevant Defects Notification Period.

lf the Contractor incurs Cost as a result of the Employer taking over and/or using a part of the Works, otherthan such use as is specified in the Contract or agreed by the Contractor, the Contractor shall (i) givenotice to the Engineer and (ii) be entitled subject to Sub-Clause 20.1 [Contractor's Claims] to payment ofany such Cost plus profit, which shall be included in the Contract Price. After receiving this notice, theEngineer shall proceed in acc,ordance with Sub-Clause 3.5 [Determinations] to agree or determine thisCost and profit.


lf a Taking-Over Certificate has been issued for a part of the Works (other than a Section), the delaydamages thereafter for completion of the remainder of the Works shall be reduced. Similarly, the delaydamages for the remainder of the Section (if any) in which this pafi is included shall also be reduced. Forany period of delay after the date stated in this Taking-Over Certificate, the proportional reduction in thesedeiay damages shall be calculated as the proportion which the value of the pari so certified bears to thevalue of the Works or Section (as the case may be) as a whole. The Engineer shall proceed inaccordance with Sub-Clause 3.5 [Determinations] to agree or determine these proportions. The provisionsof this paragraph shall only apply to the daily rate of delay damages under Sub-Clause 8.7 [DelayDamagesl, and shali not affect the maximum amount of these damages.

10.3 lnterference with Tests on Completion

lf the Contractor is prevented, for more than 14 days, from carrying out the Tests on Completion by acause for which the Employer is responsible, the Employer shall be deemed to have taken over the Worksor Section (as the case may be) on the date when the Tests on Completion would otherwise have beencompleted.

The Engineer shall then issue a Taking-Over Certificate accordingly, and the Contractor shall carry out,theTests on Completion as soon as practicable, before the expiry date of the Defects Notification Period. TheEngineer shall require the Tests on Completion to be carried out by giving 14 days' notice and inaccordance with the relevant provisions of the Contract.

lf the Contractor suffers delay and/or incurs Cost a$ a result of this delay in carrying out the Tests onCompletion, the Contractor shall give notice to the Fngineer and shall be entitled subject to Sub-Clause20.1 [Contractofs Claims] to:

(a) an extension of time for any such delay, if completion is or will be delayed, under Sub-Clause 8.4

[Exiension of Time for Completion], and



1A.4 Surfaces Requiring Reinstatement

Except as otherwise stated in a Taking-Over Certificate, a certificate for a Section or pari of the Worksshall not be deemed to certifu completion of any ground or other surfaces requiring reinstatement.

11 Defects Liabilitv

11.1 Compietion of Outstanding Work and Remedying Defects

In order that the Works and Contractois Documents, and each Section, shall be in the condition requiredby the Contract (fair wear and tear excepted) by the expiry date of the relevant Defects Notification Periodor as soon as practicable thereafter, the Contractor shall:

(a) complete any work which is outstanding on the date stated in a Taking-Over Certificate, within suchreasonable time as is instructed by the Engineer, and

(b) execute all work required to remedy defects or damage, as may be notified by (or on behalf of) theEmployer on or before the expiry date of the Defects Notification Period for the Works or Section (asthe case may be).

lf a defect appears or damage occurs, the Contraclor shall be notified accordingly, by (or on behalf ofl theEmployer.


11.2 Cost of Remedying Defects

11.3

All work referred to in sub-paragraph (b) of Sub-Clause 11.1 lOompletion of Outstanding Work andRemedying Defectsl shall be executed at the risk and cost of the Contractor, if and to the extent that thework is attributable to:

(a) any design for which the Contractor is responsible,

(b) Plant, Materials or workmanship not being in accordance with the Contract, or

(c) failure by the Contractor to comply with any other obligation.

lf and to the eKent that such work is attributable to any other cause, the Contractor shall be notifiedpromptly by (or on behalf of; the Employer, and Sub-Clause 13.3 fVariation Procedure] shall apply.

Extension of Defects Notification Period

The Employer shall be entitled subject to Sub-Clause 2.5 [Employe/s Claims] to an extension of theDefects Notification Period for the Works or a Section if and to the extent that the Works, Section or amajor item of Plant (as the case may be, and after taking over) cannot be used for the purposes for whichthey are intended by reason of a defect or by reason of damage attributable to the Contractor. However, aDefects Notification Period shall not be extended by more than two years.

lf delivery and/or erection of Plant and/or Materials was suspended under Sub-Clause 8.8 [Suspension ofWorkl or Sub-Clause '16.1

[Contractor's Entitlement to Suspend Work], the Contractor's obligations underthis Clause shall not apply to any defects or damage occurring more than two years after the DefectsNotification Period for the Plant and/or Materials would otherwise have expired.

Failure to Remedy Defects

lf the Contractor fails to remedy any defect or damage within a reasonabie time, a date may be fixed by (oron behalf of the Employer, on or by which the defect or damage is to be remedied. The Contractor shallbe given reasonable notice of this date.

lf the Contractor fails to remedy the defect or damage by this notified date and this remedial work was tobe executed at the cost of the Contractor under Su$Clause 1 1.2 [Cost of Remedying Defects], theFmployer may (at his option):

(a) carry out the work hirnself or by others, in a reasonable manner and at the Contractof s cost, but theContractor shall have no responsibility for this work; and the Contractor shall subject to Sub-Clause2.5 [Employefs Claims] pay to the Employer the costs reasonably incurred by the Employer inremedying the defect or damage;

(b) require the Engineer to agree or determine a reasonable reduction in the Contract Price inaccordance with Sub-Clause 3.5 [Determinations]; or

(c) if the defect or damage deprives the Employer of substantially the whole benefit of the Works or anymajor part of the Works, terminate the Contract as a whole, or in respect of such major part whichcannot be put to the intended use. Wthout prejudice to any other rights, under the Contract orotherwise, the Employer shall then be entitled to recover all sums paid for the Works or for such part(as ihe case may be), plus financing costs and the cost of dismantling the same, clearing the Siteand returninE Plant and Materials to the Contractor.

Removal of Defective Work

4 4 AI t . t

1 1 q


lf the defect or damage cannot be remedied expeditiously on the Site and the Employer gives consent, theContractor may remove from the Site for the purposes of repair such items of Plant as are defective ordarnaged. This consent may require the Contractor to increase the amount of the Performance Securityby the full replacement cost of these items, or to provide other appropriate security.

1 1.6 Further Tests

lf the work of remedying of any defect or damage may affect the performance of the Works, the Engineermay require the repetition of any of the tests described in the Contract. The requirement shall be made bynotice within 28 days after the defect or damage is remedied.

These tests shall be carried out in accordance with the terms applicable to the previous tests, except thatthey shall be carried out at the risk and cost of the Party liable, under Sub-Clause 1 1 .2 [Cost ofRemedying Defectsl, for the cost of the remedial work.

11.7 Right of Access

Until the Performance Certificate has been issued, the Contractor shall have such right of access to theWorks as is reasonably required in order to comply with this Clause, except as may be inconsistent withthe Employefs reasonable security restrictions.

11.8 Contractor to Search

The Contractor shall, if required by the Engineer, search for the cause of any defect, under the direciion ofthe Engineer. Unless the defect is to be remedied at the cost of the Contractor under Sub-Clause 11 .2[Cost of Remedying Defects], the Cost of the search plus profit shall be agreed or determined by theEngineer in accordance with Sub-Clause 3.5 [Determinations] and shall be included in the Contract Price.

I t . Y Performance Certifi cate

Performance of the Contractor's obligations shall not be considered to have been completed until theEngineer has issued the Performance Certificate to the Contractor, stating the date on which theContractor completed his obligations under the Contract.

The Engineer shall issue the Performance Certificate within 28 days after the latest of the expiry dates ofthe Defects Notification Periods, or as soon thereafter as the Contractor has supplied all the Contractor'sDocuments and completed and tested all the Works, including remedying any defects. A copy of thePerformance Certificate shall be issued to the Emplover.

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

Unfulfilled Obligations

After the Performance Certificate has been lssued, each Party shall remain liable for the fulfilment of anyobligation which remains unperformed at that time. For the purposes of determining the nature and extentof unperformed obligations, the Contract shall be deemed to remain in force.

11 .10

'11.11 Clearance of Site

Upon receiving the Performance Certificate, the Contractor shall remove any remaining Contractot'sEquipment, surplus material, wreckage, rubbish and Temporary Works from the Site.

COPYRIGHT F ID IC JUNE 201O & 46

12

12.1

12.2

lf all these items have not been removed within 28 days after receipt by the Contractor of the PerformanceCeriificate, the Employer may sell or othenruise dispose of any remaining items. The Employer shall beentitled to be paid the costs incurred in cnnnection with, or attributable to, such sale or disposal andrestoring the Site.

Any balance of the moneys from the sale shall be paid to the Contractor" lf these moneys are less than theEmployels costs, the Contractor shall pay the outstanding balance to the Employer.

Measurement and Evaluation

Works to be Measured

The Works shall be measured, and valued for payment, in accordance with this Clause^ The Contractorshall show in each application under Sub-Clauses 14.3 [Application for Interim Payment Certificates],14.10 [Statement on Completion] and 14,1 1 [Application for Final Payment CertificateJ the quantities andother particulars detailing the amounts which he considers to be entitled under the Contract.

lVhenever the Fngineer requires any part of the Works to be measured, reasonable notice shall be givento the Contractor's Representative, who shall:

(a) promptly either attend or send another qualified representative to assist the Engineer in making themeasurement, and

(b) supply any particulars requested by the Engineer.

lf the Contractor fails to attend or send a representative, the measurement made by (or on behalf ofl theEngineer shall be accepted as accurate.

Except as othenuise stated in the Contract, wherever any Permanent Works are to be measured fromrecords, these shall be prepared by the Engineer. The Contractor shall, as and when requested, attend toexamine and agree the records with the Engineer, and shall sign the same when agreed. lf the Contractordoes not attend, the records shall be accepted as accurate.

lf the Contractor examines and disagrees the records, andlor does not sign them as agreed, then theContractor shall give notice to the Engineer of the respects in which the records are asserted to beinaccurate. After receiving this notice, the Engineer shall review the records and either confirm or varythem and certiflT the payment of the undisputed part. lf the Contractor does not so give notice to theEngineer within '14 days after being requested to examine the records, they shall be accepted as accurate.

Method of Measurement

Fxcept as otherwise stated in the Contract and notwithstanding local practice.

(a) measurement shall be made of the net actual quantity of each item of the Permanent Works, and

(b) the method of measurement shall be in accordance with the Bill of Quantities or other applicableSchedules.

12.3 Evaluation

Except as otherwise stated in the Contract, the Engineer shall proceed in accordance with Sub-Clause 3.5[Determinations] to agree or determine the Contract Price by evaluating each item of work, applying themeasurement agreed or determined in accordance with the above Sub-Clauses 12.1 and 12.2 and theappropriate rate or price for the item.

For each item of work, the appropriaie rate or price for the item shall be the rate or price specified for suchitem in the Contract or, if there is no such item, specified for similar work.


Any item of work included in the Bill of Quantities for which no rate or price was specified shall beconsidered as included in other rates and prices in the Bill of Quantities and will not be paid for separately.

However, a new rate or price shall be appropriate for an item of work if:

(a) (i) the measured quantity of the item is changed by more than 25% from the quantity of this item inthe Bill of Quantities or other Schedule,

(ii) this change in quantity multiplied by such specified rate for this item exceeds 0.25% of IheAccepted Contract Amount,

(iii) this change in quantity directly changes the Cost per unit quantity of this item by more lhan |a/o,and

(iv) this item is not specified in the Contract as a "fixed rate item";

(b) (i) the work is instructed under Clause 13 [Variations and Adjustments],

(iD no rate or price is specified in the Contract for this item, and

(iii) no specifled rate or price is appropriate because the item of work is not of similar character, or isnot executed under similar conditions, as any item in the Contract.

Each new rate or price shall be derived from any relevant rates or prices in the Contract, with reasonableadjustments to take account of the matters described in sub-paragraph (a) andior (b), as applicable. lf norates or prices are relevant for the derivation of a new rate or price, it shall be derived from the reasonableCost of executing the work, together with profit, taking account of any other relevant matters.

Until such time as an appropriate rate or price is agreed or determined, the Engineer shall determine aprovisional rate or price for the purposes of lnterim Payment Certificates as soon as the concerned workcommences.

12.4 Omissions

Whenever the omission of any work forms part (or all) of a Variation, the value of which has not beenagreed, if:

(a) the Contractor will incur (or has incurred) cost which, i{ the work had not been omitted, would havebeen deemed to be covered by a sum forming part of the Accepted Contract Amount;

(b) the omission of the work will result (or has resulted) in this sum not forming part of the Contract Price;and

(c) this cost is not deemed to be included in the evaluation of any substituted work;

then the Contractor shall give noiice to the Engineer accordingly, with supporting particulars. Uponreceiving this noiice, the Engineer shall proceed in accordance with Sub-Clause 3.5 [Determinations] toagree or determine this cost, which shall be included in the Contract Price.

13 Variations and Adiustments

13.1 Right to Vary

Variations may be initiated by the Engineer at any time prior to issuing the Taking-Over Certificate for theWorks, either by an instruction or by a request for the Contractor to submit a proposal.


The Contractor shall execute and be bound by each Variation, unless the Contractor promptly gives noticeto the Engineer stating (with supporting particulars) that (i) the Contractor cannot readily obtain the Goodsrequired for the Variation, or (ii) such Variation triggers a substantial change in the sequence or progressof the Works. Upon receiving this notice, the Engineer shall cancel, confirm or vary the instruction.

Each Variation may include:

(a) changes to the quantities of any item of work included in the Contract (however, such changes do notnecessariiy constitute a Variation),

(b) changes to the quality and other characteristics of any item of work,

(c) changes to the levels, positions and/or dimensions of any part of the Works,

(d) omission of any work unless it is to be carried out by others,

(e) any additional work, Plant, Materials or services necessary for the Permanent Works, including anyassociated Tests on Completion, boreholes and other testing and exploratory work, or

(0 changes to the sequence or timing of the execution of the Works.

The Contractor shall not make any alteration andlor modification of the Permanent Works, unless and untilthe Engineer instructs or approves a Variation.

13.2 Value Engineering

The Contractor may, at any time, submit to the Engineer a written proposal which (in the Contractor'sopinion) will, if adopted, (i) accelerate completion, (ii) reduce the cost to the Employer of executing,maintaining or operating the Works, (iii) improve the efficiency or value to the Employer of the completedWorks, or (lv) otherwise be of benefit to the Employer.

The proposal shall be prepared at the cost of the Contractor and shall include the items listed in Sub-Clause 1 3.3 [Variation Procedure].

lf a proposal, which is approved by the Engineer, includes a change in the design of part of the PermanentWorks, then unless othenruise agreed by both Parties:

(a) the Contractor shall design this part,

(b) sub-paragraphs (a) to (d) of Sub-Clause 4.1 [Contractor's General Obligations] shall apply, and

(c) if this change results in a reduction in the contract value of this part, the Engineer shall proceed inaccordance with Sub-Clause 3.5 [Determinations] to agree or determine a fee, which shall beincluded in the Contract Price. This fee shall be half (50%) of the difference between the followingamounts:

(i) such reduction in contract value, resulting from the change, excluding adjustments under Sub-Clause 13.7 [Adjustments for Changes in Legislation] and SLrb-Clause 13.8 [Adjustments forChanges in Costl, and

(ii) the reduction (if any) in the value to the Employer of the varied works, taking account of anyreductions in quality, anticipated life or operational efficiencies.

However, if amount (i) is less than amount (ii), there shall not be a fee.

13.3 Variation Procedure

COPYRIGHT FIDIC JUNE 201O 49

lf the Engineer requests a proposal, prior to instructing a Variation, the Contractor shall respond in wriiingas soon as practicable, either by giving reasons why he cannot comply (if this is the case) or bysubmitting:

(a) a description of the proposed work to be performed and a programme for its execution,

(b) the Contractor's proposal for any necessary modifications to the programme according to Sub-Clause 8.3 [Programme] and to the Time for Completion, and

(c) the Contractois proposal for evaluation of the Variation.

The Engineer shall, as soon as practicable after receiving such proposal (under Sub-Clause 13.2 [ValueEngineeringl or otherwise), respond with approval, disapproval or comments. The Contractor shall notdelay any work whilst awaiting a response.

Each instruction to execute a Variation, with any requirements for the recording of Costs, shall be issuedby the Engineer to the Contractor, who shall acknowledge receipt.

Each Variation shall be evaluated in accordance with Clause 12 [Measurement and Evaluation], unlessthe Engineer instructs or approves othenryise in accordance with this Clause.

13.4 Payment in Applicable Currencies

lf the Contract provides for payment of the Contract Price in more than one currency, then whenever anadjustment is agreed, approved or determined as stated above, the amount payable in each of theapplicable currencies shall be specified. For this purpose, reference shall be made to the actual orexpected currency proportlons of the Cost of ihe varied work, and to the proportions of various currenciesspecified for payment of the Contract Price.

13.5 Provisional Sums

Each Provisional Sum shall only be used, in whole or in part, in accordance with the [nginee/sinstructions, and the Contract Price shall be adjusted accordingly. The total sum paid to the Contractorshall include only such amounts, for the work, supplies or servlces to which the Provisional Sum relates,as the Engineer shall have instructed. For each Provisional Sum, the Engineer may instruct:

(a) work to be executed (including Plant, Materials or services to be supplied) by the Contractor andvalued under Sub-Clause 13.3 [Variation Procedure]; and/or

(b) Plant, Materials or services to be purchased by the Contractor, from a nominated Subcontractor (asdefined in Clause 5 [Nominated Subcontractors]) or otherwise; and for which there shall be includedin the Contract Price:

(i) the actual amounts paid (or due to be paid) by the Contractor, and

(ii) a sum for overhead charges and profit, calculated as a percentage of these actual amounts byapplying the relevant percentage rate (if any) stated in the appropriate Schedule" lf there is nosuch rate, the percentage rate stated in the Contract Data shall be applied.

The Contractor shall, when required by the Fngineer, produce quotations, invoices, vouchers andaccounts or receipts in substantiation.

13.6 Daywork

For work of a minor or incidental nature, the Engineer may instruct that a Variation shall be executed on adaywork basis. The work shall then be valued in accordance with the Daywork Schedule included in theContract, and the following procedure shall apply. lf a Daywork Schedule is not included in the Contract,this Sub-Clause shall not apply.

COPYRIGHT F ID IC JUNE 201O ry 50

Before ordering Goods for the work, the Contractor shall submit quotations to the Engineer. Whenapplying for payment, the Contractor shall submit invoices, vouchers and accounts or receipts for anyGoods.

Except for any items for which the Daywork Schedule specifies that payment is not due, the Contractorshall deliver each day to the Engineer accurate statements in duplicate which shall include the followingdetails of the resource$ used in executing the previous day's work:

the names, occupations and time of Contractor's Personnel,

the identiflcation, type and time of Contractols Equipment and Temporary Works, and

the quantities and types of Plant and Materials used.

One copy of each statenrent will, if correct, or when agreed, be signed by the Engineer and returned to theContractor. The Contractor shall then submit priced statements of these resources to the Engineer, prior totheir inclusion in the next Statement under Sub-Clause 14.3 [Application for Interim Payment Certificates].

13.7 Adjustments for Changes in Legislation

The Contract Price shall be adjusted to take account of any increase or decrease in Cost resulting from achange in the Laws of the Country (ncluding the introduction of new Laws and the repeal or modificationof existing Laws) or in the judicial or official governmental interpretation of such Laws, made after the BaseDate, which affect the Contractor in the performance of obligations under the Contract.

if the Contractor suffers (or will suffer) delay and/or incurs (or will incur) additional Cost as a result of thesechanges in the Laws or in such interpretations, made after the Base Date, the Contractor shall give noticeto the Engineer and shall be entitled subject to Sub-Clause 20.1 [Contractor's Claims] to:

an extension of time for any such delay, if completion is or will be delayed, under Sub-Clause 8.4[Extension of Time for Completion], and

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

Affer receiving this notice, the Engineer shall proceed in accordance with Sub-Clause 3.5 [Determinations]to agree or determine these matlers.

Notwithstanding the foregoing, the Contractor shall not be entitled to an extension of time if the relevantdelay has already been taken into account in the determination of a previous exterrsion of time and suchCost shall not be separately paid if the same shall already have been taken into account in the indexing ofany inputs to the table of adjustment data in accordance with the provisions of Sub-Clause 13.8[Adjustments for Changes in Cost].

13.8 Adjustments for Changes in Cost

In this Sub-Clause, "table of adjustment data" means the completed table of adjustment data for local andforeign currencies included in the Schedules. lf there is no such table of adjustment data, this Sub-Clauseshall not apply.

lf this SutrClause applies, the amounts payable to the Contractor shall be adjusted for rises or falls in thecost of labour, Goods and other inputs to the Works, by the addition or deduction of the amountsdetermined by the formulae prescribed in this Sub-Clause. To the extent that full compensation for anyrise or fall in Costs is not covered by the provisions of this or other Clauses, the Accepted ContractAmount shall be deemed to have included amounts to cover the contingency of other rises and falls incosts.

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lf the advance payment has not been repaid prior to the issue of the Taking-Over Certiflcate for the Worksor prior to termination under Clause 15 flermination by Employerl, Clause 16 [Suspension andTermination by Contractorl or Clause 19 [Force Majeure] (as the case may be), the whole of the baiancethen outstanding shall immediately become due and in case of termination under Clause 15 fi-erminationby Employerl, except for Sub-Clause 15.5 [Employe/s Entitlement to Termination for Convenience],payable by the Contractor to the Employer.

14.3 Application for Interim Payment Certificates

The Contractor shall submit a Statement in six copies to the Engineer after the end of each month, in aform approved by the Engineer, showing in detail the amounts to which the Contractor considers himselfto be entitled, together with supporiing documents which shall include the report on the progress duringthis month in accordance with Sub-Clause 4.21 [Progress Reports].

The Statement shall include the following items, as applicable, which shall be expressed in the variouscurrencies in which the Contract Price is payable, in the sequence listed;

(a) the estimated contract value of the Works executed and the Contractor's Documents produced up tothe end of the month (including Variations but excluding items described in sub-paragraphs (b) to (g)below);

(b) any amounts to be added and deducted for changes in legislation and changes in cost, inaccordance with Sub-Clause 13.7 [Adjustments for Changes in Legislation] and Sub-Clause 13.8[Adjustments for Changes in Cost];

(c) any amount to be deducted for retention, calculated by applying the percentage of retention stated inthe Contraci Data to the total of the above amounts, until the amount so retained by the Employerreaches the limit of Retention Money (if any) stated in the Contract Data;

(d) any amounts to be added for the advance payment (if more than one instalment) and to be deductedfor its repayments in accordance with Sub-Clause 14.2 [Advance Payment];

(e) any amounts to be added and deducted for Plant and Materials in accordance with Sub-Clause 14.5[Piant and Materials intended for ihe Works];

(0 any other additions or deductions which may have become due under the Contract or otherwise,including those under Clause 20 [Claims, Disputes and Arbitration], and

(S) the deduction of amounts certified in all previous Payment Certificates.

14.4 Schedule of Pavments

lf the Contract includes a schedule of payments specifying the instalments in which the Contract Price willbe oaid. then unless otherwise stated in this schedule:

(a) the instalments quoted in this schedule of payments shall be the estimated contract values for thepurposes of sub-paragraph (a) of Sub-Clause 14.3 [Application for Interim Payment Certificates];

(b) Sub-Clause 14.5 [Plant and Materials intended for the Works] shall not apply; and

(c) if these instalments are not defined by reference to the actual progress achieved in executing theWorks, and if actual progress is found to be less or more than that on which this schedule ofpayments was based, then the Engineer may proceed in accordance with Sub-Clause 3.5[Determinations] to agree or determine revised instalments, which shall take account of the extent towhich progress is less or more than that on which the instalments were previously based.


lf the Contract does not include a schedule of payments, the Contractor shall submit non-bindingestimates of the payments which he expects to become due during each quarterly period. The firstestimate shall be submitted within 42 days after the Commencement Date. Revised estimates shall besubmitted at quarterly intervals, untll the Taking-Over Certificate has been issued for the Works

14.5 Plant and Materials intended for the Works

lf this Sub-Clause applies, Interim Payment Certificates shall include, under sub-paragraph (e) of Sub-Clause 14.3, (D an amount for Plant and Materials which have been sent to the Site for incorporation in thePermanent Works, and (ii) a reduction when the contract value of such Plant and Materials is included aspart of the Permanent Works under sub-paragraph (a) of Sub-Clause 14.3 [Application for InterimPayment Certificatesl.

lf the lists referred to in sub-paragraphs (bXi) or (c)(i) below are not included in the Schedules this Sub'Clause shall not apply.

The Engineer shall determine and certiiy each addition if the following conditions are satisfied:

(a) the Contractor has:

(i) kept satisfactory records (including the orders, receipts, Costs and use of Plant and Materials)which are available for inspection, and

(ii) submitted a statement of the Cost of acquiring and delivering the Plant and Materials to the Site,supported by satisfactory evidence;

and either:

(b) the relevant Plant and Materials:

(i) are those listed in the Schedules for payment when shipped,

(iD have been shipped to the Country, en route to the Site, in accordance with the Contract; and

(iiD are described in a clean shipped bill of lading or other evidence of shipment, which has beensubmitted to the Engineer together with evidence of payment of freight and insurance, any otherdocuments reasonably required, and a bank guarantee in a form and issued by an entityapproved by the Employer in amounts and currencies equal to the amount due under this Sub-Clause: this guarantee may be in a similar form to the form referred to in Sub-Clause 14.2[Advance Payment] and shall be valid until the Plant and Materials are properly stored on Siteand protected against loss, damage or deterioration;

or

(c) the relevant Plant and Materials:

(i) are those listed in the Schedules for paymeni when delivered to the Site, and

(ii) have been delivered to and are properly stored on the Site, are protected against loss, damageor deterioration, and appear to be in accordance with the Contract"

The additional amount to be certified shall be the equivalent of eighty percent (80%) of the Engineer'sdetermination of the cost of the Plant and Materials (including delivery to Site), taking account of thedocuments mentioned in this Sub-Clause and of the contract value of the Piant and Materials.

The currencies for this additional amount shall be the same as those in which payment will become duewhen the contract value is included under sub-paragraph (a) of Sub-Clause 14.3 [Application for InterimPayment Certificatesl. At that time, the Payment Certificate shall include the applicable reduction whichshall be equivalent to, and in the same currencies and proportions as, this additional amount for therelevant Plant and Materials


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Unless otherwise stated in the Particular Conditions, these financing charges shall be calculated at theannual rate of three percentage points above the discount rate of the central bank in the country of thecurrency of payment, or if not avaiiable, the interbank offered rate, and shall be paid in such currency.

The Contractor shall be entitled to this payment without formal notice or certification, and without prejudiceto any other right or remedy.

14.9 Payment of Retention Money

When the Taking-Over Certificate has been issued for the Works, the first half of the Retention Moneyshall be certified by the Engineer for payment to the Contractor. lf a Taking-Over Certificate is issued for aSection or part of the Works, a proportion of the Retention Money shall be certified and paid. Thisproportion shall be half (50%) of the proportion calculated by dividing the estimated contract value of theSection or part, by the estimated final Contract Price.

Promptly afier the latest of the expiry dates of the Defects Notification Periods, the outstanding balance ofthe Retention Money shall be cerlified by the Engineer for payment to the Contractor. lf a Taking-OverCertificate was issued for a Section, a proportion of the second half of the Retention Money shall becertified and paid promptly after the expiry date of the Defects Notification Period for the Section. Thisproportion shall be half (50%) of the proportion calcuiated by dividing the estimated contract value of theSection by the estimated final Contract Price.

However, if any work remains to be executed under Clause 1 'l [Defects Liability], the Engineer shall beeniitled to withhold certification of the estimated cost of this work until it has been executed.

When calculating these proportions, no account shall be taken of any adjustments under Sub-Clause 13.7[Adjustments for Changes in Legislation] and Sub-Clause '13.8

[Adjustments for Changes in Cost].

Unless othenrvise stated in the Particular Conditions, when the Taking-Over Certificate has been issued forthe Works and the first half of the Retention Money has been certified for payment by the Engineer, theContractor shall be entitled to substitute a guarantee, in the form annexed to the Particular Conditions or inanother form approved by the Employer and issued by a reputable bank or financial institution selected bythe Contractor, for the second half of the Retention Money. The Contractor shall ensure that the guaranteeis in the amounts and currencies of the second half of the Retention Money and is valid and enforceableuntil the Contractor has executed and completed the Works and remedied any defects, as specified for thePerformance Security in Sub-Clause 4.2. On receipt by the Employer of the required guarantee, theEngineer shall cerlify and the Employer shall pay the second half of the Retention Money. The release ofthe second half of the Retention Money against a guarantee shall then be in lieu of the release under thesecond paragraph of this Sub-Clause. The Employer shall return the guarantee to the Contractor within 21days after receiving a copy of the Performance Certificate.

lf the Performance Security required under Sub-Clause 4.2 is in the form of a demand guarantee, and theamount guaranteed under it when the Taking-Over Certificate is issued is more than half of the RetentionMoney, then the Retention Money guarantee will not be required. lf the amount guaranteed under thePerformance Security when the Taking-Over Cefiificate is issued is less than half of the Retention Money,the Retention Money guarantee will only be required for the difference between half of the RetentionMoney and the amount guaranteed under the Performance Security"

14.10 $tatement at Completion

Wthin 84 days after receiving the Taking-Over Certificate for the Works, the Contractor shall submit to theEngineer six copies of a Statement at completion with supporting documents, in accordance with Sub-Clause '14.3

[Application for lnterim Payment Certificates], showing:

the value of all work done in accordance with the Contract up to the date stated in the Taking-OverCertificate for the Works,

any fudher sums which the Contraclor considers to be due, and

(a)

(b)


(c) an estimate of any other amounts which the Contractor considers will become due to him under theContract. Estimated amounts shall be shown separately in this Statement at completion.

The Engineer shall then certify in accordance with Sub-Clause 14.6 !ssue of Interim PaymentCertificatesl.

14.11 Application for Final Payment Certificate

Within 56 days after receiving the Performance Certificate, the Contractor shall submit, to the Engineer, sixcopies of a draft final statement with supporting documents showing in detail in a form approved by theEngineer:

(a) the value of all work done in accordance with the Contract, and

(b) any further sums which the Contractor considers to be due to him under the Contract or otherwise.

lf the Engineer disagrees with or cannot verifu any part of the draft final statement, the Contractor shallsubmit such further information as the Engineer may reasonably require within 28 days from receipt ofsaid draff and shall make such changes in the draft as may be agreed between them. The Contractor shallthen prepare and submit to the Engineer the final statement as agreed. This agreed statement is referredto in these Conditions as the "Final Statement".

However if, following discussions between the Engineer and the Contractor and any changes to the draftfinal statement which are agreed, it becomes evident that a dispute exists, the Engineer shall deliver to theFmployer (with a copy to the Contractor) an interim Payment Certificate for the agreed parts of the draftfinal statement. Thereafter, if the di$pute is finally resolved under Sub-Clause 20.4 [Obtaining DisputeBoard's Decisionl or Sub-Clause 20.5 [Amicable Settlement], the Contractor shall then prepare andsubmit to the Employer (with a copy to the Engineer) a Final Statemeni.

14.12 Discharge

When submitting the Final Statement, the Contractor shall submit a discharge which confirms that the totalof the Final Statement represents full and final settlement of all moneys due to the Contractor under or inconnection with the Contract. This discharge may state that it becomes effective when the Contractor hasreceived the Performance Security and the outstanding balance of this total, in which eveni the dischargeshall be effective on such date.

'14.13 lssue of Final Pavment Certificaie

Wthin 28 days after receiving the Final Statement and discharge in accordance with Sub-Clause 14.11[Application for Final Payment Certificate] and Sub-Clause 14.12 [Discharge], the Engineer shall deliver, tothe Employer and to the Contractor, the Final Payment Certificate which shall state:

(a) the amount which he fairly determines is finally due, and

(b) after giving credit to the Employer for all amounts previously paid by the Employer and for all sums towhich the Employer is entitled, the balance (if any) due from the Employer to the Contractor or fromthe Contractor to the fimployer, as the case may be.

lf the Contractor has not applied for a Final Payment Certificate in accordance with Sub-Clause 14. 1 1[Application for Final Payment Ce(ificate] and Sub-Clause 14.12 [Discharge], the Engineer shall requestthe Contractor to do so. lf the Contractor fails to submit an application within a period of 28 days, theEngineer shall issue the Final Payment Certificate for such amount as he fairly determines to be due.

14.14 Cessation of Employer's Liabil i ty

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fails to comply with Sub-Clause 4.2 [Performance Security] or with a notice under Sub-Clause 15.1[Notice to Correct],

abandons the Works or othenruise plainly demonstrates the intention not to continue performance ofhis obligations under the Contract,

without reasonable excuse fails:

(i) to proceed with the Works in accordance with Clause 8 [Commencement, Delays andSuspensionl, or

(iD to comply with a notice issued under SutrClause 7.5 [Rejection] or Sub-Clause 7.6 [RemedialWorkl, within 28 days after receiving it,

(d) subcontracts the whole of the Works or assigns the Contract without the required agreement,

(e) becomes bankrupt or insolvent, goes into liquidation, has a receiving or administration order madeagainst him, compounds with his creditors, or carries on business under a receiver, trustee ormanager for the benefit of his creditors, or if any act is done or event occurs which (under applicableLaws) has a similar effect to any of these acts or events, or

(0 gives or offers to give (directly or indirectly) to any person any bribe, gift, gratuity, commission or otherthing of value, as an inducement or reward:

(i) for doing or forbearing to do any action in relation to the Contract, or

(ii) for showing or forbearing to show favour or disfavour to any person in relation to the Contract,

or if any of the Contractors Personnel, agents or Subcontractors gives or offers to give (directly orindirectly) to any person any such inducement or reward as is described in this sub-paragraph (0.However, lawful inducements and rewards to Contractor's Personnel shall not entitle termination.

In any of these events or circumstances, the Employer may, upon giving 14 days' notice to the Contractor,terminate the Contract and expel the Contractor from the Site. However, in the case of sub-paragraph (e)or (fl, the Employer may by notice terminate the Contract immediately.

The Employer's election to terminate the Contract shall not prejudice any other rights of the Employer,under the Contract or otherwise.

The Contractor shall then leave the Site and deliver any required Goods, all Contractor's Documents, andother design documents made by or for him, to the Engineer. However, the Contractor shall use his bestefforts to comply immediately with any reasonable instructions included in the notice (i) for the assignmentof any subcontract, and (ii) for the protection of life or property or for the safety of the Works"

After termination, the Employer may complete the Works and/or arrange for any other entities to do so.The Employer and these entities may then use any Goods, Contractols Documents and other designdocuments made by or on behalf of the Contractor.

The Employer shall then give notice that the Contractor's Equipment and Temporary Works will bereleased to the Contractor at or near the Site. The Contractor shall promptly arrange their removal, at therisk and cost of the Contractor. However, if by this time the Contractor has failed to make a payment dueto the Employer, these items may be sold by the Employer in order to recover this payment. Any balanceof the proceeds shall then be oaid to the Contractor.

15.3 Valuation at Date of Termination

As soon as practicable after a notice of termination under Sub-Clause '1 5,2 [ermination by Employer] hastaken effect, the Engineer shall proceed in accordance with Sub-Clause 3.5 [Determinations] to agree ordetermine the value of the Works, Goods and Contractor's Documents, and any other sums due to theContractor for work executed in accordance with the Contract.

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(b)


15.4 Payment after Termination

After a notice of termination under Sub-Clause 15.2 [ermination by Employer] has taken effecl, theEmployer may:

(a) proceed in arcordance with Sub-Clause 2.5 [Employe/s Ciaims],

(b) withhold further payments to the Contractor until the costs of execution, completion and remedying ofany defects, damages for delay in completion (if any), and all other costs incurred by the Employer,have been established, and/or

,(c) recover from the Contractor any losses and damages incurred by the Employer and any extra costs

of completing the Works, after allowing for any sum due to the Contractor under Sub-Clause 15.3[Valuation at Date of Termination]. After recovering any such losses, damages and extra costs, theEmployer shall pay any balance to the Contractor.

15.5 Employer's Entitlement to Termination for Convenience

The Employer shall be entitled to terminate the Contract, at any time for the Employef s convenience, bygiving notice of such termination to ihe Contractor. The termination shall take effect 28 days after the laterof the dates on which the Contractor receives this notice or the Employer returns the PerformanceSecurity. The Employer shall not terminate the Contract under this Sub-Clause in order to execute theWorks himself or to arrange for the Works to be executed by another contractor or to avoid a terminationof the Contract by the Contractor under Clause 16.2 [ermination by Contractor].

After this termination, the Contractor shall proceed in accordance with Sub-Clause 16.3 [Cessation ofWork and Removal of Contractor's Equipmentl and shall be paid in accordance with Sub-Clause '16.4

[Payment on Termination].

15.6 Corrupt or Fraudulent Practices

lf the Employer determines, based on reasonable evidence, that the Contractor has engaged in corrupt.fraudulent, coilusive or coercive practices, in competing for or in executing the Contract, then the Fmployermay, after giving 14 days notice to the Contractor, terminate the Contract and expel him from the Site, andthe provisions of Clause 1 5 shall apply as if such termination had been made under Sub-Clause 15.2fiermination by Employer].

Should any employee of the Contractor be determined, based on reasonable evidence, to have engagedin corrupt, fraudulent or coercive practice during the execution of the work then that employee shall beremoved in accordance with $ub-Clause 6.9 [Contracto/s Personnel].

[For contracts financed by the African Development Bank]

For the purposes of this Sub-Clause:

(a) "corrupt practice" means the offering, giving, receiving or soliciting of any thing of value to influencethe action of a public official in the procurement process or in the Contract execution; and

(b) "fraudulent practice" means a misrepresentation of facts in order to influence a procurement processor the execution of the Contract to the detriment of the Borrower, and includes collusive practiceamong Bidders (prior to or after bid submission) designed to establish bid prices at artificial non-competitive levels and to deprive the Borrower of the benefits of free and open competition.

lFor contracts financed by the Asian Development Bankl

For the ourooses of this Sub-Clause:


(a) "corrupt practice" means the offering, giving, receiving, or soliciting, directly or indirectly, anything ofvalue to influence improperly the actions of another party;

(b) "fraudulent practice" means any act or omission, including a misrepresentation, that knowingly orrecklessly misleads, or attempts to mislead, a party to obtain a financial or other beneflt or to avoid anobligation;

(c) "coercive practice" means impairing or harming, or threatening to impair or harm, directly or indirectly,any party or the property of the party to influence improperly the actions of a party;

(d) "collusive practice" means an arrangement between two or more parties designed to achieve animproper purpose, including influencing improperly the actions of another party.

[For contracts financed by the Black Sea Trade and Development Bank and by the European Bank forReconstruction and Developmentl

For the purposes of this Sub-Clause, the Bank defines, for the purposes of this provision, the terms setforth below as follows:

(a) "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value to influence aperson, or the threatening of injury to person, property or reputation, in connection with theprocurement process or in contract execution in order to obtain or retain business or other improperadvantage in the conduct of international business;

(b) "fraudulent practice" means a misrepresentation of facts in order to influence a procurement processor the execution of a contract to the detriment of the client, and includes collusive practices amongtenderers (prior to or after tender submission) designed to establish tender prices at artificial, non-competitive levels and io deprive the client of the benefits of free and open competition.

[For contracts financed by the Caribbean Development BankJ


(a) "corrupt practice" means the offering, giving, receiving or soliciting, directly or indirectly, of any thing ofvalue to infiuence the action of a oublic official in the procurement process or in the Contractexeculron;

"fraudulent practice" means a misrepresentation or omission of facts in order to influence aprocurement process or the execution of the Contract;

"collusive practice" means a scheme or arrangement between two or more bidders, with or withoutthe knowledge of the Borrower, designed to establish bid prices at artificial, non-competitive levels;

"coercive practice" means harming or threatening to harm, directly or indirectly, persons or theirproperty to influence their participation in the procurement process or affect the execution of acontract.

[For contracts financed by the Inter-American Development Bank]


The Bank requires that all Contractors adhere to the Bank's Policies for the Procurement of Works andGoods financed by the Bank. In particular, the Bank requires that all Borrowers (including grantbeneficiaries), the executing agencies and contracting agencies, as well as all firms, entities andindividuals bidding for or participating in a Bank-financed project, including, inter alia, applicants, bidders,contractors, consulting firms and individual consultants (including iheir respective officers, employees andagents) adhere to the highest ethical standards, and report to the Bank all suspected acts of fraud orcorruption of which it has knowledge or becomes aware, during the Bidding Process and throughout thenegotiation or execution of a Contract. Fraud and corruption are prohibited.

Fraud and corruption include acts of:

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(vii) may impose other sanctions that it deems to be appropriate under the circumstances, includingthe imposition of fines representing reimbursement of the Bank for costs associated withinvestigations and proceedings. Such other sanctions may be imposed in addition to or in lieu ofother sanctions;

(c) the Bank has established administrative procedures for cases of allegations of fraud and corruptionwithin the procurement process or the execution of a contract financed by the Bank which areavailable at the Bank's website (www.iadb.org), as updated from time to time. To that effect anycomplaint shall be submitted to the Bank's Office of Institutional Integrity (Oll) for the appropriateinvestigation. Allegations may be presented confidentially or anonymously;

(d) payments are expressly conditional upon the claimant's pafticipation in the procurement processconformed with all applicable Bank policies on Fraud and Corruption described in this Sub-Clause15.5; and

(e) the imposition of any sanction referred to paragraph (b) of this Sub-Clause will be public;

The Bank will have the right to require that a Contractor permit the Bank to inspect their accounts andrecords and other documents relating to the submission of bids and contract performance and to havethem audited by auditors appointed by the Bank. The Bank will have the right to require that Contractorsto:

(a) maintain all documents and records related to the Bank-financed project for five (5) years aftercompletion of the work; and

(b) require the delivery of any document necessary for the Investigation of allegations of fraud orcorruption and the availability of employees or agents of the contractor with knowledge of the Bank-financed project to respond to questions from the Bank.

lf the Contractor refuses to comply with the Bank's request, the Bank, in its sole discretion, may takeappropriate action against the Contractor.

The Contractor represents and warrants:

(a) that they have read and understood the Bank's prohibition against fraud and corruption and agrees toabide by the applicable rules;

(b) that they have not engaged in any violation of policies on fraud and corruption described herein;

that they have not misrepresented or concealed any material facts during the procurement orcontract negotiation processes or performance of the contract;

that neither they nor any of their directors, officers or principal shareholders have been declaredineligible to be awarded Bank-financed contracts or have been convicted of a crime involving fraud orcorruntion:

that none of their directors, officers or principal shareholders has been a director, officer or principalshareholder of any other company or entity that has been declared ineligible to be awarded a Bank-financed contract or has been convicted of a crime involving fraud or corruption;

that all commissions, agents'fees, facilitating payments or revenue-sharing agreements related tothe Bank-financed contract or consulting agreement have been disclosed;

(S) that they acknowledge that the breach of any of these warranties constitute a basis for the impositionof any or a combination of the measures described in this Sub-Clause.

[For contracts financed by the World Bank]

In pursuance of this policy, the Bank:

(a) defines, for the purposes of this provision, the terms set forth below as follows:

(d)

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lf the Contractor subsequently receives such Payment Certificate, evidence or payment (as described inthe relevant Sub-Clause and in the above notice) before giving a notice of termination, the Contractor shallresume normal working as soon as is reasonably practicable.

lf the Contractor suffers delay and/or incurs Cost as a result of suspending work (or reducing the rate ofwork) in accordance with this Sub-Clause, the Contractor shall give notice to the Engineer and shall beentitled subject to $ub-Clause 20.1 [Contractot's Claims] to:




16.2 Termination by Contractor

The Contractor shall be entitled to terminate the Contract if:

the Contractor does not receive the reasonable evidence within 42 days after giving notice underSub-Clause 16.1 [Contracto/s Entitlement to Suspend Work] in respect of a failure to comply withSub-Clause 2.4 [Employels Financial Arrangements],

the Engineer fails, within 56 days after receiving a Statement and supporting documents, to issue therelevant Payment Certificate,

the Contractor does not receive the amount due under an Interim Payment Cedificate within 42 daysafter the expiry of the time stated in Sub-Clause 14.7 [Payment] within which payment is to be made(except for deductions in accordance with Sub-Clause 2.5 [Employer's Claims]),

the Employer substantially fails to perform his obligations under the Contract in such manner as tomaterially and adversely affect the economic balance of the Contract and/or the ability of theContractor to perform the Contract,

the Employer fails to comply with Sub-Clause 1.6 [Contract Agreement] or Sub-Clause 1.7[Assignment],

a prolonged suspension affects the whole of the Works as described in Sub-Clause 8.1 1 [ProlongedSuspensionl,

the Employer becomes bankrupt or insolvent, goes into liquidation, has a receiving or administrationorder made against him, compounds with his creditors, or carries on business under a receiver,irustee or manager for the benefit of his creditors, or if any act is done or event occurs which (underapplicable Laws) has a similar effect to any of these acts or events,

the Contractor does not receive the Enginee/s instruction recording the agreement of both Parties onthe fulfilment of the conditions for the Commencement of Works under Sub-Clause 8.1[Commencement of Works].

In any of these events or circumstances, the Contractor may, upon giving 14 days' notice to the Employer,terminate the Contract. However, in the case of sub-paragraph (f) or (g), the Contractor may by noticeterminate the Contract immediately.

In the event the Bank suspends the loan or credit from which part or whole of the payments to theContractor are being made, if the Contractor has not received the sums due to him upon expiration of the14 days referred to in Sub-Clause 14.7 [Payment] for payments under Interim Payment Certiflcates, theContractor may, without prejudice to the Contractor's entitlement to financing charges under Sub-Clause14.8 fDelayed Payment], take one of the following actions, namely (i) suspend work or reduce the rate ofwork under Sub-Clause 16.1 above, or (ii) ierminate the Contract by giving notice to the Employer, with acopy to the Engineer, such termination to take effect 14 days after the giving of the notice.

(a)

(b)

(d)

(0

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(h)


The Contracto/s election to terminate the Contract shall not prejudice any other rights of the Contraclor,under the Contract or othenryise,

16.3 Cessation of Work and Removal of Contractor's Equipment

After a notice of termination under Sub-Clause I 5.5 [Employe/s Entitlement to Termination forConveniencel, Sub-Clause 16.2 [ermination by Contractor] or Sub-Clause 1 9.6 [Optional Termination,Payment and Releasel has taken effect, the Contractor shall promptly:

(a) cease all further work, except for such work as may have been instructed by the Engineer for theprotection of life or property or for the safety of the Works,

(b) hand over Contractor's Documents, Plant, Materials and other work, for which the Contractor hasreceived payment, and

(c) remove all other Goods from the Site, except as necessary for safety, and leave the Site.

16.4 Payment on Termination

After a notice of termination under Sub-Clause '16.2 [ermination by Contractor] has taken effect, the

Employer shall promptly:

(a) return the Performance Security to the Contractor,

(b) pay the Contractor in accordance with Sub-Clause 19.6 [Optional Termination, Payment andReleasel, and

(c) pay to the Contractor the amount of any loss or damage sustained by the Contractor as a result ofthis termination.

Risk and Responsibi l i ty

17.1 Indemnit ies

The Contractor shall indemnify and hold harmless the Employer, the Employer's Personnel, and theirrespective agents, against and from all claims, damages, losses and expenses (inciuding legal fees andexpenses) in respect of:

(a) bodily injury, sickness, disease or death, of any person whatsoever arising out of or in the course ofor by reason of the Contraclor's design (if any), the execution and completion of the Works and theremedying of any defects, unless attributable to any negligence, wilful act or breach of the Contractby the Employer, the Employe/s Personnel, or any of their respective agents, and

(b) damage to or loss of any property, real or personal (other than the Works), to the extent that suchdamage or loss arises out of or in the course of or by reason of the Contractois design (if any), theexecution and completion of the Works and the remedying of any defects, unless and to the extentthat any such damage or loss is attributable to any negligence, wilful act or breach of the Contract bythe Employer, the Employer's Personnel, their respective agents, or anyone directly or indirectlyemployed by any of them.

The Employer shall indemnifu and hold harmless the Contractor, the Contractor's Personnel, and theirrespective agents, against and from all clalms, damages, losses and expenses (including legal fees andexpenses) in respeci of ('1) bodily injury, sickness, disease or death, which is attributable to anynegligence, wilful act or breach of the Contract by the Employer, the Employeis Personnel, or any of theirrespective agents, and (2) the matters for which liability may be excluded from insurance cover, asdescribed in sub-paragraphs (dXi), (i i) and (i i i) of Sub-Ciause 18.3 [nsurance Against Injury to Personsand Damage to Propertyl.

17

COPYRIGHT F ID IC JUNE 201O o /

17.2 Contractor's Care of the Works

The Contractor shall take full responsibility for the care of the Works and Goods from the CommencementDate until the Taking-Over Certificate is issued (or is deemed to be issued under Sub-Clause 10.1 fiakingOver of the Works and Sectionsl) for the Works, when responsibility for the care of the Works shall pass tothe Employer. lf a Taking-Over Certificate is issued (or is so deemed to be issued) for any Section or partof the Works, responsibility for the care of the Section or part shall then pass to the Employer.

After responsibility has arcordingly passed to the Employer, the Contractor shall take responsibility for thecare of any work which is outstanding on the date stated in a Taking-Over Certificate, until this outstandingwork has been completed.

lf any loss or damage happens to the Works, Goods or Contractor's Documents during the period whenthe Contractor is responsible for their care, from any cause not listed in Sub-Clause 17.3 [Employe/sRisksl, the Contractor shall rectify the loss or damage at the Contractor's risk and cost, so that the Works,Goods and Contractor's Documents conform with the Contract.

The Contractor shall be liable for any loss or damage caused by any actions performed by the Contractorafter a Taking-Over Certificate has been issued. The Contractor shall also be liable for any loss or damagewhich orcurs after a Taking-Over Certiticate has been issued and which arose from a previous event forwhich the Contractor was liable.

17.3 Employer's Risks

The risks referred to in Sub-Clause 17.4 [Consequences of Employels Risks] below, insofar as theydirectly affect the execution of the Works in the Country, are:

(a) war, hostilities (whether war be declared or not), invasion, act of foreign enemies,

(b) rebellion, terrorism, sabotage by persons other than the Contractor's Personnel, revolution,insurrection, military or usurped power, or civil war, within the Country,

(c) riot, commotion or disorder within the Country by persons other than the Contractor's Personnel,

(d) munitions of war, explosive materials, ionising radiation or contamination by radio-activity, within theCountry, except as may be attributable to the Contractof s use of such munitions, explosives,radiation or radio-aciivity,

(e) pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds,

(0 use or occupation by the Employer of any part of the Permanent Works, except as may be specifiedin the Contract,

(S) design of any part of the Works by the Employer's Personnel or by others for whom the Employer isresponsible, and

(h) any operation of the forces of nature which is Unforeseeable or against which an experiencedcontractor could not reasonably have been expected to have taken adequate preventive precautions.

17.4 Consequence$ of Employer's Risks

lf and to the extent that any of the risks listed in Sub-Clause 17.3 above results in loss or damage to theWorks, Goods or Contractor's Documents, the Contractor shall prompily give notice to the Engineer andshall rectif,T this loss or damage to the extent required by ihe Engineer.

lf the Contractor suffers delay and/or incurs Cost from rectifying this loss or damage, the Contractor shallgive a further notice to the Engineer and shall be entitled subject to Sub-Clause 20.'1 [Contractofs Claims]to:

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This Sub-Clause shall not limit liability in any €se of fraud, deliberate default or reckless misconduct bythe defaulting Party.

17.7 Use of Employer's AccommodationiFacil it ies

The Contractor shall take full responsibility for the care of the Employer provided arcommodation andfacilities, if any, as detailed in the Specification, from the respective dates of hand-over to the Contractoruntil cessation of occupation (where hand-over or cessation of occupation may take place after the datestated in the Taking-Over Certificate for the Works),

lf any loss or damage happens to any of the above items while the Contractor is responsible for their carearising from any cause whatsoever other than those for which the Employer is iiable, the Contractor shall,at his own cost, rectify the loss or damage to the satisfaction of the Engineer.

18 Insurance

18.1 General Requirements for Insurances

ln this Clause, "insuring Party" means, for each type of insurance, the Party responsible for effecting andmaintaining the insurance specified in the relevant Sub-Clause.

Wherever the Contractor is the insuring Party, each insurance shall be effected with insurers and in termsapproved by the Employer. These terms shall be consistent with any terms agreed by both Parties beforethe date of the Letter of Acceptance. This agreement of terms shall take precedenc,e over the provisions ofthis Clause

V\herever the Employer is the insuring Party, each insurance shall be effected with insurers and in termsacceptable to the Contractor. These terms shall be consistent with any terms agreed by both Partiesbefoie the date of the Letter of Acceptance. This agreement of terms shall take precedence over theprovisions of this Clause.

lf a policy is required to indemnify joint insured, the cover shall apply separately to each insured as thougha separate policy had been issued for each of the joint insured. lf a policy indemnifies additional jointinsured, namely in addition to the insured specified in this Clause, (i) the Contractor shall act under thepolicy on behalf of these additional joint insured except that the Employer shall act for EmployeisPersonnel, (ii) additional joint insured shall not be entitled to receive payments directly from the insurer orto have any other direct dealings with the insurer, and (i i i) the insuring Party shall require all additional jointinsured to comply with the conditions stipulated in the policy.

Each policy insuring against loss or damage shall provide for payments to be made in the currenctesrequired to rectify the loss or damage. Payments received from insurers shall be used for the rectiflcationof the loss or damaoe.

The relevant insuring Parly shall, within the respective periods stated in the Contract Data (calculated fromthe Commencement Date), submit to the other Party:

(a) evidence that the insurances described in this Clause have been effected, and

(b) copies of the policies for the insurances described in Sub-Clause 18.2 [nsurance for Works andContractor's Equipmentl and Sub-Clause 18.3 [nsurance against lnjury to Persons and Damage toPropertyl.

\A/lren each premium is paid, the insuring Party shall submit evidence of payment to the other Party.Whenever evidence or policies are submitted, the insuring Party shall also give notice to the Engineer.

Each Party shall comply with the conditions stipulated in each of the insurance policies. The insuring Pafyshall keep the insurers informed of any relevant changes to the execution of the Works and ensure thatinsurance is maintained in accordance with this Clause.


Neither Party shall make any material alteration to the terms of any insurance without the prior approval ofthe other Party. lf an insurer makes (or attempts to make) any alteration, the Parly first notified by theinsurer shall promptly give notice to the other Party.

lf the insuring Pady fails to effect and keep in force any of the insurances it is requlred to effect andmaintain under the Contract, or fails to provide satisfactory evidence and copies of policies in accordancewith this Sub-Clause, the other Party may (at its option and without prejudice to any other right or remedy)effect insurance for the relevant coverage and pay the premiums due. The insuring Party shall pay theamount of these premiums to the other Party, and the Contract Price shall be adjusted accordingly.

Nothing in this Clause limits the obligations, liabilities or responsibilities of the Contractor or the Employer,under the other terms of the Contract or othenruise. Any amounts not insured or not recovered from theinsurers shall be borne by the Contractor and/or the Employer in accordance with these obligaiions,liabilities or responsibilities. However, if the insuring Party fails to effect and keep in force an insurancewhich is available and which it is required to effect and maintain under the Contract, and the other Partynelther approves the omission nor effects insurance for the coverage relevant to this default, any moneyswhich should have been recoverable under this insurance shall be paid by the insuring Party.

Payments by one Parly to the other Pariy shall be subject to Sub-Clause 2.5 [Employeis Claims] or Sub-Clause 20.1 [Contractor's Claims], as applicable.

The Contractor shall be entitled to place all insurance relating to the Contract (including, but not limited tothe insurance referred to Clause '18) with insurers from any eligible source country.

18.2 Insurance for Works and Contractor's Equipment

The insuring Party shall irrsure the Works, Plant, Materials and Contractor's Documents for not less thanthe full reinstatement cost including the costs of demolition, removal of debris and professional fees andprofit. This insurance shall be effective from the date by which the evidence is to be submitted under sub-paragraph (a) of Sub-Clause 18.1 [General Requirements for Insurances], until the date of issue of theTaking-Over Cefiificate for the Works"

The insuring Party shall maintain this insurance to provide cover until the date of issue of the PerformanceCertificate, for loss or damage for which the Contractor is liable arising from a cause occurring prior to theissue of the Taking-Over Certificate, and for loss or damage caused by the Contractor in the course of anyother operations (including those under Clause 11 [Defects Liability]).

The insuring Party shall insure the Contractor's Equipment for noi less than the full replacement value,including delivery to Site. For each item of Contractor's Equipment, the insurance shall be effective while itis being transported to the Site and until it is no longer required as Contractor's Equipment.

Unless otherwise stated in the Particular Conditions, insurances under this Sub-Clause:

shall be effected and maintained by the Contractor as insuring Party,

shail be in the joint names of the Parties, who shall be jointly entitled to receive payments from theinsurers, payments being heid or allocated to the Party actually bearing the costs of rectifying the lossor oamage,

shall cover all loss and damage from any cause not i isted in Sub-Clause '17.3 [Employels Risks],

shall also cover, to the extent specifically required in the bidding documents of the Contract, loss ordamage to a part of the Works which is attributable to the use or occupation by the Employer ofanother part of the Works, and ioss or damage from the risks listed in sub-paragraphs (c), (g) and (h)of Sub-Clause 17.3 [Employe/s Risks], excluding (in each case) risks which are not insurable atcommercially reasonable terms, with deductibles per occurrence of not more than the amount statedin the Contract Data (if an amount is not so stated, this sub-paragraph (d) shall not apply), and

may however exclude loss of, damage to, and reinstatement of:

(a)

(b)

(d)

(e)


a part of the Works which is in a defective condition due to a defect in its design, materials orworkmanship (but cover shall include any other parts which are lost or damaged as a direclresult of this defective condition and not as described in sub-paragraph (ii) below),

a part of the Works which is lost or damaged in order to reinstate any other part of the Works ifthis other part is in a defective condition due to a defect in its design, materials or workmanship,

a part of the Works which has been taken over by the Employer, except to the extent that theContractor is liable for the loss or damage, and

(iv) Goods while they are not in the Country, subject to Sub-Clause '14 5 [Plant and Materialsintended for the Worksl.

lf, more than one year after the Base Date, the cover described in sub-paragraph (d) above ceases to beavailable at commercially reasonable terms, the Contractor shall (as insuring Party) give notice to theEmployer, with suppo(ing particulars. The Employer shall then (i) be entitled subject to SutrClause 2.5[Employeis Claims] to payment of an amount equivalent to such commercially reasonable terms as theContractor should have expected to have paid for such cover, and (ii) be deemed, unless he obtains thecover at commercially reasonable terms, to have approved the omission under Sub-Clause '18.'1

[GeneralReouirements for lnsurancesl.

18.3 lnsurance against Injury to Persons and Damage to Property

The insuring Party shall insure against each Party's liability for any loss, damage, death or bodily injurywhich may occur to any physical property (except things insured under Sub-Clause 18.2 flnsurance forWorks and Coniracto/s Equipmentl) or to any person (except persons insured under Sub-Clause 18.4Insurance for Contractor's Personnel]), which may arise out of the Contractoi's performance of theContract and occurring before the issue of the Performance Certificate.

This insurance shall be for a limit per occurrence of not less than the amount stated in the Contract Data,with no limit on the number of occurrences. lf an amount is not stated in the Contract Data, this Sub-Clause shall not apply.

Uniess othen,rise stated in the Particular Conditions, the insurances speci{ied in this Sub-Clause:

shall be effected and maintained by the Contractor as insuring Party,

shall be in the joint names of the Parties,

shall be extended to cover liabiliiy for all loss and damage to the Employer's property (except thingsinsured under Sub-Clause 18.2) arising out of the Contractols performance of the Contract, and

may however exclude liability to the extent that it arises from:

(i) the Employe/s right to have the Permanent Works executed on, over, under, in or through anyland, and to occupy this land for the Permanent Works,

(iD damage which is an unavoidable result of the Contractor's obligations to execute the Works andremedy any defects, and

(iii) a cause listed in Sub-Clause 17.3 [Employeds Risks], except to the extent that cover is availableat commerciallv reasonable terms.

18.4 Insurance for Contractor's Personnel

The Contractor shall effect and maintain insurance against liability for claims, damages, losses andexpenses (including legal fees and expenses) arising from injury, sickness, disease or death of any personempioyed by the Contractor or any other of the Contractor's Personnel.

(i)

(iD

(i i i)

\q , /

(b)

tu,/

(d)

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The insurance shall cover the Employer and the Engineer against liability for claims, damages, losses andexpenses (including legal fees and expenses) arising from injury, sickness, disease or death of any personemployed by the Contractor or any other of the Contractor's Personnel, except that this insurance mayexclude losses and claims to the extent that they arise from any act or neglect of the Employer or of theEmployer's Personnel.

The insurance shall be maintained in full force and effect during the whole time that these personnel areassisting in the execution of the Works. For a $ubcontractof s employees, the insurance may be effectedby the Subcontractor, but the Contractor shall be responsible for compliance with this Clause.

Force Majeure

'19.1 Definition of Force Maieure

In this Clause, "Force Majeure" means an exceptional event or circumstance:

(a) which is beyond a Party's control,

(b) which such Party could not reasonably have provided against before entering into the Contract,

(c) which, having arisen, such Parly could not reasonably have avoided or overcome, and

(d) which is not substantially attributable to the other Party.

Force Majeure may include, but is not limited to, exceptional events or circumstances of the kind listedbelow, so long as conditions (a) to (d) above are satisfied:

(i) war, hostilities (whether war be declared or not), invasion, act of foreign enemies,

(iD rebellion, terrorism, sabotage by persons other than the Contracto/s Personnel, revolution,insurrection, military or usurped power, or civil war,

(iii) riot, commotion, disorder, strike or lockout by persons other than the Contractor's Personnel,

(iv) munitions of war, explosive materials, ionising radiation or contamination by radio-activity,except as may be attributable to the Contractor's use of such munitions, explosives, radiationor radio-activity, and

(v) natural catastrophes such as eadhquake, hurricane, typhoon or volcanic activity.

19.2 Notice of Force Maieure

lf a Party is or will be prevented from performing its substantial obligations under the Contract by ForceMajeure, then it shall give notice to the other Party of the event or circumstances constituting the ForceMajeure and shall specify the obligations, the performance of which is or will be prevented. The noticeshall be given within 14 days after the Party became aware, or should have become aware, of the relevanlevent or circumstance constituting Force Majeure.

The Pariy shall, having given notice, be excused performance of its obligations for so long as such ForceMajeure prevents it from performing them.

Notwithstanding any other provision of this Clause, Force Majeure shall not apply to obligations of eitherParty to make payments to the other Party under the Contract

19.3 Duty to Minimise Delay

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The appointment of any member may be terminated by mutual agreement of both Parties, but not by theEmployer or the Contractor acting alone. Unless otherwise agreed by both Parties, the appointment of theDB (including each member) shall expire when the discharge referred to in Sub-Clause 14.12 lDischarge]shall have become effective.

20.3 Failure to Agree on the Composition of the Dispute Board

lf any of the following conditions apply, namely:

(a) the Parlies fail to agree upon the appointment of the sole member of the DB by the date stated in theflrst paragraph of Sub-Clause 20.2, [Appointment of the Dispute Board]

(b) either Party fails to nominate a member (for approval by the other Party), or fails to approve amember nominated by the other Party, of a DB of ihree persons by such date,

(c) the Parties fail to agree upon the appointment of the third member (to act as chairman) of the DB bysuch date, or

(d) the Parties fail to agree upon the appointment of a replacement person within 42 days after the dateon which the sole member or one of the three members declines to act or is unable to act as a resultof death, disability, resignation or termination of appointment,

then the appointing eniity or official named in the Contract Data shall, upon the request of either or both ofthe Parties and after due consultation with both Parties, appoint this member of the DB. This appointmentshall be final and conclusive. Each Party shall be responsible for paying one-half of the remuneration ofthe appointing entity or official.

20.4 Obtaining Dispute Board's Decision

if a dispute (of any kind whatsoever) arises between the Parlies in connection with, or arising out of, theContract or the execution of the Works, including any dispute as to any ceffficate, determination,instruction, opinion or valuation of the Engineer, either Party may refer the dispute in writing to the Dts forits decision, with copies to the other Party and the Engineer. Such reference shall state that it is givenunder this Sub-Clause.

For a DB of three persons, the DB shall be deemed to have received such reference on the date when it isreceived by the chairman of the DB.

Both Parties shall promptly make available to the DB all such additional information, further access to theSite, and appropriate facilities, as the DB may require for the purposes of making a decision on suchdispute. The DB shall be deemed to be not acting as arbitrato(s).

Wthin 84 days after receiving such reference, or within such other period as may be proposed by the DBand approved by both Parties, the DB shall give its decision, which shall be reasoned and shall state that itis given under this Sub-Clause. The decision shall be binding on both Parties, who shall promptly giveeffect to it unless and until it shall be revised in an amicable settlement or an arbitral award as describedbelow. Unless the Contract has already been abandoned, repudiated or terminated, the Contractor shallcontinue to oroceed with the Works in accordance with the Coniract.

lf either Parly is dissatlsfied with the DB's decision, then either Party may, within 28 days after receivingthe decision, give a Notice of Dissatisfaction to the other Party indicating its dissatisfaction and intention tocommence arbitration. lf the DB fails to give its decision within the period of 84 days (or as otherwiseapproved) after receiving such reference, then either Party may, within 28 days after this period hasexpired, give a Notice of Dissatisfaction to the other Party.

In either eveni, this Notice of Dissatisfaction shall state that it is given under this Sub-Clause, and shall setout the matter in dispute and the reason(s) for dissatisfaction. Except as stated in Sub-Clause 20.7[Failure to Comply with Dispute Board's Decision] and Sub-Clause 20.8 [Expiry of Dispute Board'sAppointmentl, neither Party shall be entitled to commence arbitration of a dispute unless a Notice ofDissatisfaction has been qiven in accordance with this Sub-Clause.

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lf the DB has given its decision as to a matter in dispute to both Parties, and no Notice of Dissatisfactionhas been given by either Party within 28 days after it received the DB's decision, then the decision shallbecome final and binding upon both Parties.

20.5 Amicable Settlement

Where a Notice of Dissatisfaction has been given under Sub-Clause 20.4 above, both Parties shallattempt to settle the dispute amicably before the commencement of arbitration. However, unless bothParties agree otherwise, the Party giving a Notice of Dissatisfaction in accordance with Sub-Clause 20,4above should move to commence arbitration after the fifty-sixth day from the day on which a Notice ofDissatisfaction was given, even if no attempt at an amicable settlement has been made.

24.6 Arbitration

Any dispute between ihe Parties arising out of or in connection with the Contract not settled amicably inaccordance with Sub-Clause 20.5 above and in respect of which the DB's decision (if any) has notbecome final and binding shall be finally settled by arbitration. Arbitration shall be conducted as follows"

(a) if the contract is with foreign contractors,

for contracts financed by all participating Banks except under sub-paragraph (a) (2) below:

international arbitration (1) with proceedings administered by the arbitration institutiondesignated in the Contract Data, and conducted under the rules of arbitration of such institution;or, if so specified in the Contract Data, (2) international arbitration in accordance with thearbitration rules of the United Nations Commission on International Trade Law (UNCITRAL); or(3) if neither an arbitration institution nor UNC|TRAL arbitration rules are specified in theContract Data, with proceedings administered by the International Chamber of Commerce (lCC)and conducted under the ICC Rules of Arbitration; by one or more arbitrators appointed inaccordance with said arbitration rules.

for contracts financed by the Asian Development Bank:

international arbitration (1) with proceedings administered by the arbitration institution specifiedin the Contract Data and conducted under the rules of arbitration of such insiitution unless it isspecified in the Contract Data that the arbitration shall be conducted under the rules of theUnited Nations Commission on InternationalTrade Law (UNCITRAL) and if UNCITRAL Rulesare so specified then the named arbitration institution shall be the appointing authority and shalladminister the arbitration); or (2) if an arbitration institution is not specified in the Contract Data,with proceedings administered by the Singapore International Arbitration Centre (SIAC) andconducted under the SIAC Rules, by one or more arbitrators appointed in accordance with thesaid arbitration rules.

(b) if the Contract is with domestic contractors, arbitration with proceedings conducted in accordancewith the laws of the Employer's country.

The place of arbitration shall be the neutrai location specified in the Contract Data; and the arbitration shallbe conducted in the language for communications defined in Sub-Clause 1.4 [Law and Language].

The arbitrators shall have full power to open up, review and revise any certificate, determination,instruction, opinion or valuation of the Engineer, and any decision of the DB, relevant to the dispute.Nothing shall disqualifu representatives of the Parties and the Engineer from being called as a wltness andgiving evidence before the arbitrators on any matter whatsoever relevant to the dispute.

Neither Party shall be limited in the proceedings before the arbitrators to the evidence or argumentspreviously put before the DB to obtain its decision, or to the reasons for dissatisfaction given in its Noticeof Dissatisfaction. Anv decision of the DB shall be admissible in evidence in the arbitration.

(D

(ii)


Arbitration may be commenced prior to or afte r completion of the Works. The obligations of the Parties,ihe Engineer and the DB shali not be altered by reason of any arbitration being conducted during theprogress of the Works.

20.7 Failure to Comply with Dispute Board's Decision

In the event that a Party fails to comply with a final and binding DB decision, then the other Party may,without prejudice to any other rights it may have, refer the failure itself to arbitration under Sub-Clause 20.6[Arbitration]. Sub-Clause 20.4 [Obtaining Dispute Board's Decision] and Sub-Clause 20.5 [AmicableSettlementl shall not apply to this reference.

20.8 Expiry of Dispute Board's Appointment

lf a dispute arises between the Parties in connection with, or arising out of, the Contract or the execution ofthe Works and there is no DB in place, whether by reason of the expiry of the DB's appointment orotherwise;

(a) Sub-Clause 20.4 fObtaining Dispute Board's Decision]and Sub-Clause 20.5 [Amicable Settlement]shall not apply, and

(b) the dispute may be referred directly to arbitration under Sub-Clause 20.6 lArbitration].

APPENDIX

A General Conditions of Dispute Board Agreement

1 Definitions

Each "Dispute Board Agreement" is a tripadite agreement by and between:

(a) the "Fmploye/';

(b) the "Contractol'; and

(c) the "Membed'who is defined in the Dispute Board Agreement as being:

(i) the sole member of the "DB" and, where this is the case, all references to the "Other Members"do not apply, or

(ii) one of the three persons who are jointly called the "DB" (or "Dispute Board") and, where this is thecase, the other two persons are cailed the "Other Members".

The Employer and the Contractor have entered (or intend to enter) inio a contract, which is called the"Contract" and is defined in the Dispute Board Agreement, which incorporates this Appendix, In the DisputeBoard Agreement, words and expressions which are not othen,rise defined shall have the meanings assignedto them in the Contract.

2 General Provisions

Unless otherwise stated in the Dispute Board Agreement, it shall take effect on the latest of the followingdates:

(a) the Commencement Date defined in the Contract,

COPYRIGHT F ID IC JUNE 201O ry 79

when the Employer, the Contractor and the Member have each signed the Dispute Board Agreement,nr

when the Employer, the Contractor and each of the Other Members (if any) have respectively eachsigned a dispute board agreement.

This employment of the Member is a personal appointment. At any time, the Member may give not less than70 days' notice of resignation to the Employer and to the Contractor, and the Dispute Board Agreement shallterminate upon the expiry of this period.

3 Warranties

The Member warrants and agrees that he/she is and shall be impartial and independent of the Employer, theContractor and the Engineer. The Member shall promptly disclose, to each of them and to the OtherMembers (if any), any fact or circumstance which might appear inconsistent with his/her warranty andagreement of impartiality and independence.

\Nhen appointing the Member, the Employer and the Contractor relied upon the Member's representationsthat he/she is:

experienced in the work which the Contractor is to carry out under the Contrad,

experienced in the interpretation of contrad documentation, and

fluent in the language for communications defined in the Contract.

4 General Obligations of the Member

The Member shall:

have no interest financial or otherwise in the Employer, the Contractor or Engineer, nor any financialinterest in the Contract except for payment under the Dispute Board Agreement;

not previously have been employed as a consultant or otherwise by the Employer, the Contractor orthe Engineer, except in such circumstances as wero disclosed in writing to the Employer and theContractor before they signed the Dispute Board Agreement;

have disclosed in writing to the Employer, the Contractor and the Other Members (if any), beforeentering into the Dispute Board Agreement and to his/her best knowledge and recollection, anyprofessional or personal relationships with any director, officer or employee of the Employer, theContractor or the Engineer, and any previous involvement in the overall project of which the Contractforms part,

not, for the duration of the Dispute Board Agreement, be employed as a consultant or otherwise by theEmployer, the Contractor or the Engineer, except as may be agreed in writing by the Employer, theContractor and the Other Members (if any);

comply with the annexed procedural rules and with Sub-Clause 20.4 of the Conditions of Contract;

not give advice to the Employer, the Contractor, the Employefs Personnel or the Contractor'sPersonnel concerning the conduct ofthe Contract, other than in accordance with the annexedprocedural rules;

not while a Member enter into discussions or make any agreement with the Employer, the Contractoror the Engineer regarding employment by any of them, whether as a consultant or otherwise, afterceasing to act under the Dispute Board Agreement,

ensure his/her availability for all site visits and hearings as are necessary;

(b)

(a)

(b)

(b)

(d)

(e)

(D

(s)

(h)

COPYRIGHT F ID IC . JUNE 201 O

become conversant with the Contract and with the progress of the Works (and of any other parts of theproject of which the Contract forms part) by studying all documents received which shall be maintainedin a current working file;

treat the details of the Contract and all the DB's activities and hearings as private and confldential, andnot publish or disclose them without the prior written consent of the Employer, the Contractor and theOther Members (if any); and

be available to give advice and opinions, on any matter relevant to the Contract when requested byboth the Employer and the Contractor, subject to the agreement of the Other Members (if any).

5 General Obligations of the Employer and the Contractor

The Employer, the Contractor, the Employer's Personnel and the Contractor's Personnel shall not requestadvice from or consultation with the Member regarding the Contract, otheruise than in the normal course ofthe DB's activities under the Contract and the Dispute Board Agreement. The Employer and the Contractorshall be responsible for compliance with this provision, by the Employer's Personnel and the Contractor'sPersonnel respectively.

The Empioyer and the Contractor underlake to each other and to the Member that the Member shall not,except as otherwise agreed in writing by the Employer, the Contractor, the Member and the Other Members(if any):

(a) be appointed as an arbitrator in any arbitration under the Contract;

(b) be called as a witness to give evidence concerning any dispute before arbitrato(s) appointed for anyarbitration under the Contract; or

(c) be liable for any claims for anything done or omitted in the discharge or purported discharge of theMember's functions, unless the act or omission is shown to have been in bad falth.

The Employer and the Contractor hereby jointly and severally indemnify and hold the Member harmlessagainst and from claims from which he is relieved from liability under the preceding paragraph.

Wfrenever the Employer or the Contractor refers a dispute to the DB under Sub-Clause 20.4 of theConditions of Contract, which will require the Member to make a site visit and attend a hearing, the Employeror the Contractor shall provide appropriate security for a sum equivalent to the reasonable expenses to beincurred by the Member. No account shall be taken of any other payments due or paid to the Member.

6 Payment

The Member shall be paid as follows, in the currency named in the Dispute Board Agreement:

(a) a retainer fee per calendar month, which shall be considered as payment in full for:

(i) being available on 28 days' notice for all Site visits and hearings;

(ii) becoming and remaining conversant with all project developments and maintaining relevant files;

(iiD all office and overhead expenses including secretarial services, photocopying and office suppliesincurred in connection with his duties; and

(iv) all services performed hereunder except those referred to in sub-paragraphs (b) and (c) of thisClause.

The retainer fee shaii be paid with effect from the last day of the calendar month in which the Dispute BoardAgreement becomes effective; until the last day of the calendar month in which the Taking-Over Certilicate isissued for the whole of the Works.

(i)

(k)

COPYRIGHT F ID IC JUNE 201O M 81

Wth effect from the first day of the calendar month following the month in which the Taking-Over Certificate isissued for the whole of the Works, the retainer fee shall be reduced by one third .This reduced fee shall bepaid until the first day of the calendar month in which the Member resigns or the Dispute Board Agreement isotherwise terminated.

(b) a daily fee which shall be considered as payment in full for.

(i) each day or part of a day up to a maximum of two days' travel time in each direction for thejourney between the Member's home and the Site, or another location of a meeting with the OtherMembers (if any);

(iD each working day on Site visits, hearings or preparing decisions; and

(iii) each day spent reading submissions in preparation for a hearing.

(c) all reasonable expenses Including necessary travel expenses (air fare in less than first class, hotel andsubsistence and other direct travel expenses) incurred in connection with the Membe/s duties, as wellas the cost of telephone calls, courier charges, faxes and telexes: a receipt shall be required for eachitem in excess of five percent of the daily fee referred to in suFparagraph (b) of this Clause;

(d) any taxes properly levied in the Country on payments made to the Member (unless a national orpermanent resident of the Country) under this Clause 6.

The retainer and daily fees shall be as specified in the Dispute Board Agreement. Unless lt specifiesothenryise, these fees shall remain fixed for the first 24 calendar months, and shall thereafter be adjusted byagreement between the Employer, the Contractor and the Member, at each anniversary of the date on whichthe Dispute Board Agreement became effective.

lf the parties faii to agree on the retainer fee or the daily fee, the appointing entity or official named in theContract Data shall determine the amount of the fees to be used,

The Mernber shall submit invoices for payment of the monthly retainer and air fares quarterly in advance.Invoices for other expenses and for daily fees shall be submitted following the conclusion of a Site visit orhearing. All invoices shall be accompanied by a brief description of activities performed during the relevantperiod and shall be addressed to the Contractor.

The Contractor shall pay each of the Membeis invoices in full within 56 calendar days after receiving eachinvoice and shall apply to the Employer (in the Statements under the Contract) for reimbursement of one-halfof the amounts of these invoices. The Employer shall then pay the Contractor in accordance with theContract.

lf the Contractor fails to pay to the Member the amount to which helshe is entitled under the Dispute BoardAgreement, the Employer shall pay the amount due to the Member and any other amount which may berequired to mainiain the operation of the DB; and without prejudice to the Employer's rights or remedies. Inaddition to all other rights arising from this default, the Employer shall be entitled to reimbursement of all sumspaid in excess of one-half of these payments, plus all costs of recovering these sums and financing chargescalculated at the rate specified in Sub-Clause 14.8 of the Condltions of Contract.

lf the Member does not receive payment of the amount due within 70 days after submitting a valid invoice, theMember may (i) suspend his/her services (without notice) until the payment is received, and/or (ii) resignhis/her appointment by giving notice under Clause 7.

7 Termination

At any time: (i) the Employer and the Contractor may jointly terminate the Dispute Board Agreement by giving42 days' notice to the Member, or (ii) the Member may resign as provided for in Clause 2.

lf the Member fails to comply with the Dispute Board Agreement, the Employer and the Contractor may,without prejudice to their other rights, terminate it by notice to the Member. The notice shall take effect whenreceived bv the Member.


lf the Employer or the Contractor fails to comply with the Dispute Board Agreement, the Member may, withoutprejudice to his other rights, terminate lt by notice to the Employer and the Contractor. The notice shall takeeffect when received by them both.

Any such notice, resignation and termination shall be final and binding on the Employer, the Contractor andthe Member. However, a notice by the Employer or the Contractor, but not by both, shall be of no effect.

8 Default of the Member

l f the Member fails to comply with any of his obligations under Clause a (a) - (d) above, he shall not beentitled to any fees or expenses hereunder and shall, without preludice to their other rights, reimburse each ofthe Employer and the Contractor for any fees and expenses received by the Member and the Other Members(if any), for proceedings or decisions (if any) of the DB which are rendered void or ineffective by the saidfailure to comply.

lf the Member fails to comply with any of his obligations under Clause 4 (e) - (k) above, he shall not beentitled to any fees or expenses hereunder from the date and to the extent of the non-compliance and shall,without prejudice to their othe r rights, reimburse each of the Employer and the Contractor for any fees andexpenses already received by the Member, for proceedings or decisions (if any) of the DB which arerendered void or ineffective by the said failure to comply.

9 Disputes

Any dispute or claim arising out of or in connection with this Dispute Board Agreement, or the breach,termination or invalidity thereof, shall be finally settled by institutional arbitration. lf no other arbitration instituteis agreed, the arbitration shall be conducted under the Rules of Arbitration of the International Chamber ofCommerce by one arbitrator appointed in accordance wiih these Rules of Arbitration.

PROCEDURAL RULES

Unless otherwise agreed by the Employer and the Contractor, the DB shall visit the Site at intervals of notmore than 140 days, including times of critical construction events, at the request of either the Employer orthe Contractor. Unless otherwise agreed by the Employer, the Contractor and the DB, the period betweenconsecutive visits shall not be less than 70 days, except as required to convene a hearing as describedbelow.

The timing of and agenda for each Site visit shall be as agreed jointly by the DB, the Employer and theContractor, or in the absence of agreement, shall be decided by the DB. The purpose of Site visits is toenable the DB to become and remain acquainted with the progress of the Works and of any actual orpotential problems or claims, and, as far as reasonable, to endeavour to prevent potential problems orclaims from becoming disputes.

Site visits shall be attended by ihe Employer, the Contractor and the Engineer and shall be co-ordinated bythe Employer in co-operation with the Contractor. The Employer shall ensure the provision of appropriateconference facilities and secretarial and copying services. At the conclusion of each Site visit and beforeleaving the site, the DB shall prepare a report on its activities during the visit and shall send copies to theEmployer and the Contractor.

The Employer and the Contractor shall furnish to the DB one copy of all documents which the DB mayrequest, including Contract documents, progress reports, variation instruciions, ceriificates and otherdocuments pertinent to the performance of the Contract. All communications between the DB and theEmployer or the Contractor shall be copied to the other Party. lf the DB comprises three persons, theEmployer and the Contractor shall send copies of these requested documents and these communicationsto each ofthese oersons"


lf any dispute is referred to the DB in accordance with Sub-Clause 20.4 of the Conditions of Contract, theDB shall proceed in accordance with Sub-Clause 20.4 and these Rules. Subject to the time allowed to givenotice of a decision and other relevant factors, the DB shall;

(a) act fairly and impartially as between the Employer and the Contractor, giving each of them areasonable opportunity of putting his case and responding to the otheis case, and

(b) adopt procedures suitable to the dispute, avoiding unnecessary delay or expense.

The DB may conduct a hearing on the dispute, in which event it will decide on the date and place for thehearing and may request ihat written documentation and arguments from the Employer and the Contractorbe presented to it prior to or at the hearing.

Except as othenruise agreed in writing by the Employer and the Contractor, the DB shall have power toadopt an inquisitorial procedure, to refuse admission to hearings or audience at hearings to any personsother than representatives of the Employer, the Contractor and the Engineer, and to proceed in the absenceof any party who the DB is satisfied received notice of the hearing; but shall have discretion to decidewhether and to what extent this power may be exercised.

The Ernployer and the Contractor empower the DB, among other things, to:

(a) establish the procedure to be applied in deciding a dispute,

(b) decide upon the DB's own jurisdiction, and as to the scope of any dispute referred to it,

(c) conduct any hearing as it thinks fit, not being bound by any rules or procedures other than thosecontained in the Contract and these Rules.

(d) take the initiative in ascertaining the facts and matters required for a decision,

(e) make use of its own specialist knowledge, if any,

(0 decide upon the payment of financing charges in accordance with the Contract,

(S) decide upon any provisional relief such as interim or conservatory measures, and

(h) open up, review and revise any certificate, decision, determination, instruction, opinion or valuation ofthe Engineer, relevant to the dispute.

The DB shall not express any opinions during any hearing concerning the merits of any argumentsadvanced by the Parties. Thereafter, the DB shall make and give its decision in arcordance with Sub-Clause 20.4, or as otherwise agreed by the Employer and the Contractor in writlng. lf the DB comprisestnree Dersons:

it shall convene in private after a hearing, in order to have discussions and prepare its decision;

it shall endeavour to reach a unanimous decision: if this proves impossible the applicable decisionshall be made by a majority of the Members, who may require the minority Member to prepare awritten report for submission to the Employer and the Contractor; and

if a Member fails to attend a meeting or hearing, or to fulfil any required function, the other twoMembers may nevertheless proceed to make a decision, unless:

(i) either the Employer or the Contractor does not agree that they do so, or

(iD the absent Member is the chairman and he/she instructs the other Members to not make adecision.

\d.,

(b)

(c)


Section 8 - Part icular Condit ions of Contracl

Section I - Particulan onditions of ContractThe fol lowing Part icular Condit ions of Contract (Contract (GCC) Whenever there is a conflict, the p

C) shall supplement the General Condit ions ofions herein shal l prevai l over those in the GCC.

Par tA*C

National Highway Authori ty

28-Mauve Area, G-9/1, ls lamabad.

Employer wil l noti fy before commencement ofWork.

Asian Development Bank (ADB)

ls lamic Repub l ic o f Pak is tan

365 days

365 days

Not Appl icable

Not Appl icable

Law of ls lamic Republ ic of Pakistan

Eng l ish

Language for communicat ions Eng l ish

Time for access to the Site 28 davs after Commencement Date

3 1 ( B ) ( i i ) Engineer 's Dut ies and Authori ty See Sect ion B-8, Part icular Condit ions ofContract, Sub Clause 3. '1 .

Performance Securi ty The performance security will be in the form ofan uncondit ional bank guarantee in theamount(s) of 10o/o ( ten percent) of the AcceptedContract Amount. In case of JV, theperformance securi ty must be in the name ofJV. 'JV' means any joint venture, consort ium orother unincorporated grouping of two or morepersons as referred to in GCC 1 . '14.

Normalworking hours 8:00 AM to 5:00 PM inclusive of one hour break.

Delay damages for the Works 0.05% of the Contract Pr ice per day, in the

2 . 1

1 . 1 . 2 . 2 a n d 1 . 3

1 " 1 . 2 . 4 a n d 1 . 3

1 .1 .2 .11

1 .1 .2 .12

Employer's name and address

Engineer 's name and address

Bank 's name

Borrower's name

Time for Complet ion

Defects Notification Period

Electronic transmission s

Ru l ing Ianguage

8 . 7 & 1 4 . 1 5 ( b )


B-2 Section 8 - Part icular Condit ions of Contract

13 5 (bx i i )

1 3 . 8

1 4 . 1

Maximum amount of delaydamages

Provisional Sums

Adjustments for Changes in Cost

'10% (ten percent) of the Contract Price

12% (twelve percent)

The Contract Pr ice is adiustable-during ContractExecut ion.

t--114

2

The Contract Pr ice

Total advance payment

Repayment amort izat ion ofadvance payment

The fol lowing sentence under Clause 14.1 shallnot apply:

"Notwithstanding the provisions of sub-paragraph (b), Contractor's Equipment,including essential spare parts therefore,imported by the Contractor for the sole purposeof executing the Contract shall be exempt fromthe payment of import duties and taxes uponimportation."

10% (ten percent) of the Accepted ContractAmount payable in the currencies andproportions in which the Accepted ContractAmount is payable.

10% (ten percent) of the Accepted ContractAmount payable in two equal instal lments in thecurrencies in which the Accepted ContractAmount is payable. The f i rst instal lment shal l bepaid after the Contractor furnishes the advancepayment guarantee required by Sub-Clause14.2 [Advance Payment] , and the secondinstal lment shal l be paid after the Contractorcompletes mobi l izat ion and the Engineer issuesa certification to the Employer of suchcomplet ion. For the avoidance of doubt, ( i ) theadvance payment guarantee required to releasethe f i rst instal lment shal l be in an amount equalto the total amount of the advance payment; ( i i )the complete mobilization required to releasethe second instal lment shal l mean theContractor 's mobi l izat ion of al l of the equipmentand human resources required for the executionof the first 3 months of the Permanent Works inaccordance with the programme submitted bythe Contractor under Sub Clause 8.3[Programme]; and ( i i i ) i f the Contractor is a jointventure, the release of the second instal lmentshal l be further condit ioned upon the cert i f icat ionof the Engineer that al l resources have beenmobi l ized to si te in accordance with the iointventure agreement.

'1 7% (Seventeen Percent)1 4 2 ( b )

N2,.i. ; ' r . . i t/ - \ ' ;/ r:: ' t '

' '---.....-- l ';;:r ;"' i l i

" ' ' :1 t "

Single-Stage: Two-Envelope Procurement of

Section 8 - Part icular Condit ions of Contracl


Ref. GCC Subject Data

14.3(c ) Percentage of Retention 5% (five percent).

1a.3(c) Limit of Retention Money 5% (five percent) of the Accepted ContractAmount.

14 5(b) ( i )

l.i1qIL1 4 . 6

t c . o

Plant and Mater ials

Minimum Amount of Inter imnlvme1!c-lTli:-:Corrupt and Fraudulent Pract ices

N i l

3% (three percent) of the Accepted ContractAmount.

The fol lowing sentence shal l apply:

[For contracts f inanced by the AstanDevelopment Bankl

For the purposes of this Subclause:

ADB's Anticorruption Policy requires Borrowers( including benef ic iar ies of ADB-f inancedactivity), as well as Contractors, Subcontractors,manufacturers, and Consultants under ADB-financed contracts, observe the higheststandard of ethics during the procurement andexecution of such contracts. In pursuance of thispol icy, ADB(a) defines, for the purposes of this provision,

the terms set forth below as follows:

(i) "corrupt practice" means the offering,giving, receiving, or sol ic i t ing, direct lyor indirect ly, anything of value toinf luence improperly the act ions ofr nn the r na r f- . . - . . . - .

" - . .Y,

( i i) "fraudulent practice" means any act oromrssron, i nc lud ing amisrepresentat ion, that knowingly orrecklessly misleads, or at tempts tomislead, a party to obtain a f inancial orother benefit or to avoid an obligation;

( i i i ) "coercive pract ice" means impair ing orharming, or threatening to impair orharm, directly or indirectly, any party orthe property of the party to influenceimproperly the actions of a party;

(iv) "collusive practice" means anarrangement between two or morepart ies designed to achieve animproper purpose, including inf luencingimproperly the act ions of another party;

(v) "obstructive practice" means (a)del iberately destroying, fals i fy ing,al ter ing, or conceal ing of evidencemater ial to an ADB invest igat ion; (b)

Nil

Section 8 - Part icular Condit ions of Contract

makrng false statements toinvest igators in order to mater ial lyimpede an ADB invest igat ion; (c) fai l ingto comply with requests to Provideinformation, documents or records inconnection with an Office ofAnticorruption and Integrity (OAl)invest igat ion; (d) threatening,harassing, or int imidat ing any party toprevent it from disclosing its knowledgeof matters relevant to the investigationor from pursuing the invest igat ion, or(e) mater ial ly impeding ADB'scontractual rights of audit or access toinformation; and

(vi) " integri ty violat ion" is any act whichviolates ADB's Ant icorrupt ion Pol icy,including ( i ) to (v) above and thefol lowing: abuse, conf l ict of interest,v iolat ions of ADB sanct ions, retal iat ionagainst whist leblowers or witnesses,and other violat ions of ADB sAnt icor rup t ion Po l icy , inc lud ing fa i lu reto adhere to the highest ethicalstandard.

(b) will reject a proposal for award if itdetermines that the Bidder recommendedfor award has, direct ly or through an agent,engaged in corrupt, f raudulent, col lusive,coercive, or obstructive practices or otherintegrity violations in competing for theContract;

(c) wi l l cancel the port ion of the f inancingallocated to a contract if it determines at anytime that reoresentatives of the borrower orof a benef ic iary of ADB-f inancing engagedin corrupt, f raudulent, col lusive, coercive, orobstructive practices or other integrityviolat ions during the procurement or theexecution of that contract, without theborrower having taken t imely andappropriate action satisfactory to ADB toremedy the si tuat ion; and

(d) wi l l impose remedial act ions on a f i rm or anind iv idua l , a t any t ime, in accordance w i thADB's Ant icorruptron Pol icy and Integri ty

' Whether as a Contractor, Nominated Subcontractor, Consultant, Manufacturer or Supplier, or Service Provider; or in any othercapacity (dif ferent names are used depending on the part icular Bidding Document). A Nominated Subcontractor is one whicheither has been: ( i) included by the Bidder in i ts prequali f icat ion application or bid because i t br ings specif ic and cri t ical

-s.gr"-St"gu. rr*-E"*bp"

---Procurement o,f- fi.t fo, ltlcB/PAlFlRP/lw0/P;ck,g"4; ) \ /

l /-Xt/ . , t\

'!1.., I [\]t '. :.r\; l){ '{

' \\

i r ? . i p u / ; ' ; li,.l \, ,/ ,/ ,i',.,;J\i')':).. .'ri:' i'\i9.:r)-.--".-., " i ; i: i..,,it!..1S9

1_.J-.;,,,,

Ref. GCC

Pr inc ip les and Gu ide l ines (bo th as amendedfrom t ime to t ime), including declar inginel igible, ei ther indef ini tely or for a stated

- - . - : - - f ^ t L : . ^ ^ - L ^ . - - J i ^ : - ^ l - | : - A h hof t ime, to part ic ipate' in ADB-

Section I - Part icular Condit ions of Contract 8-5

Ref. GCC Subject Data

I / . O Maximum total liability of theContractor to the Employer

f inanced, administered,activities or to benefit

orfrom

supportedan ADB-

f inanced, administered, or supportedcontract, f inancial ly or otherwise, i f i t at anyt ime determines that the f i rm or individualhas, direct ly or through an agent, engagedin corrupt, f raudulent col lusive, coercive, orobstruct ive pract ices or other integri tyviolat ions.

The product of 1.15 times the Accepted ContractAmount

1 8 . 1 Periods for submission ofinsurance:

a. evidence of insurance.

b. relevant pol ic ies

Within 28 days of Commencement Date

1 8 2 ( d ) Maximum amount of deduct iblesfor insurance of the Employer 'srisks Pak Rupees 10 Million

1 8 . 3 Minimum amount of third party

insurance

PKR 10,000,000 per occurrence

20.2 Date by which the Dispute Boardshal l be appointed

28 days after the Commencement Date

Three Members20.2 The Dispute Board shal l becomprised of

20.2 List of potent ial Dispute Boardsole members

None

z v . J Appointment ( i f not agreed)to be

made by

Pakistan Engineering Council , lslamabad

20 6 (a) Internat ional arbi trat ion shal l beadministered by

See Section B-B (PCC 20.6)

Place of Arbitration See Sect ion 88 (PCC 20.6)

experience and know-how that are accounted for in the evaluation of the bidder's prequali f icat ion application or the bid, or ( i i )appointed by the Employer

Bidding Document for NCB/PNHRP/N-S0/Package-4

B-6 Section B - Part icular Condit ions of Contract

Part 8 - Specific Provrsions of the Parficular Condifions of Contract are intended fo address counfry, project, and confracf

specific requiremenfs nof covered by the Oeneral Condifions of Confract, Whoever drafts the specific provislons should be

thoroughly faniliar with the provisions of fhe ?eneral Conditions of Confract and wlth any specific regulremenfs of fhe

advice is reconmended when amending provisions or draffing new ones.

Summary of Sections of the Works : Not Appl icable

Part B - Specific Provisions

Sect ion Name/Descript ion(Subc lause 1 .1 .5 .6 )

Time for Complet ion(Subc lause 1 .1 .3 .3 )

Damages for Delay(Subclause 8.7)

Sing le-Stage: Two-Envelope Procurement of Works Biddino Document for NCB/PNHRP/N-50/Packaqe-4


Part B - Specific Provisions

PARTICULAR CONDITIONS OF CONTRACT

PART _B

The fol lowing "Part icular Condit ions", include amendments and addit ions to the "GenerarCondit ions" which form part of the "Condit ions of Contract for Construction", Mult i lateralDevelopment bank Harmonized Edit ion 2010 published by the Federation International desIngenieurs-Consei ls (F l DIC) .

Clause-1 : General Provisions

Add the fol lowing Sub Clause 1.1.2.6(a) ' .

Employer 's Representat ive means General Manager (PNHRP)NHA lslamabad or any other person appointed by the Employer andnotified to the Engineer and Contractor from time to time "

Add the fol lowing at the end:

"e.9. the construct ion and maintenance of the Contractor 's camp,plant yard and Pre-cast yard etc."

Add the fol lowing paragraphs at the end:

"Copies of al l communicat ions exchanged between the Employerand the Contractor in connect ion with the Contract, shal l besubmitted to the Engineer by the sender of such communicat ions"

Rep lace (a ) to ( i )w i th fo l low ing :

"a. The Contract Agreement,b. The Letter of Acceptance,c. Letters of Tenderd. Particular Conditions of Contract (Part-A Contract Data, Part-B Specific

Provisions),e. Conditions of Contract (General Conditions of Contract for Construction

MDB Harmonized Edition-20'1 0).Special Provisions (Specif icat ions),The Addenda/Corr igenda to NHA's General Specif icat ions,General Specif icat ions (NHA's General Specif icat ions-1998),Supplementary information as stated in Sect ion 6 of Bidding Document,Drawings,Schedules to Bid,Any other documents forming part of the Contract."

" '1 .1.2.6(a l

Employer'sRepresentative

1 .1 .5 .7

Temporary Works

1 .3

Communicat ions

1 . 5

Prior i ty of Documents

1 . 6

Contract Agreement

1 . 8

Care and Supply ofDocuments

f.g .h .

) 'k .t .

The text of last sentence of the Sub Clause 1.6 is deleted and replaced withfollowing text:

"The cost of stamp dut ies and simi lar charges ( i f any) imposed bylaw in connection with entry rnto the Contract Agreement shall beborne by the Contractor."

At the end of this Sub Clause add the fol lowing new paragraph:

"The Contractor shal l make avai lable to the Engineer / his assistantsthe approved drawings, shop drawings, bar bending schedules,specif icat ions or any other document required during inspect ion andtestingoftheWorks." -.::.:;::rj:::::::,:..-

' n , , .' r . : , ; . :t . : . ,

:.1'' '


B-8 Section B - Part icular Condit ions of Contract

1 .9

Delayed Drawing orlnstructions

3.1

Engineer's Duties andAuthority

3.5

Determinat ions

r ' 3 .6

Management Meet ing

d )

Add the following at the end of first paragraph of this Sub Clause:

"This not ice shal l be given not less than twenty eight (28) days pr iorto the requirement of such drawings or instructions required to beincorporated in the Works as per submitted programme inaccordance with Sub-Clause 8.3 [Programme]."

Clause-3: The Engineer

Delete the second last paragraph and replace with the fol lowing:

"The Engineer shal l obtain the approval of the Employer beforetaking act ion under the fol lowing Sub-Clauses of these condit ions:

Consent ing to the sub-contract ing of any part of Works under Sub-Clause 4 .4 ;

Cert i fy ing addit ional cost determined under Sub-Clause 4.1 2;

Determining an extension of t ime under Sub-Clause 8.4,

Suspending the progress of the Works under Sub-Clause 8.8 andcert i fy ing an addit ional cost under Sub-Clause 8.9;

lssuing the Taking-Over Cert i f icate under Clause'10;

lssuing a Performance Cert i f icate under Sub-Clause 11.9;

lssuing a Variat ion under Clause '13 except in emergency si tuat ion asreasonably determined by the Engineer involving loss/damages tolife, property and /or Works, and if such a Variation would notincrease the Accepted Contract Amount;

Adjustment of Contract Pr ice under Clauses 13.7 and 13.8, and

Proceed ing under Sub-Clause 14 .11 and issuance o f F ina l PaymentCert i f icate under Sub-Clause 1 4. 1 3."

b)

d )

A \

0s)

n)i )

Insert the fol lowing after the word "specif ied." in l ine three of secondparagrapn:

"Such claim or request must be supported with evidence required tosubstantiate this claim or request or any other documents which theEngineer may reasonably ask from either Party,"

Add this Sub-Clause at the end of Clause 3:

The Engineer or the Employer may require the other to attend amanagement meeting in presence of the Contractor or otherwise, inorder to review the progress with reference to the agreed programmeand arrangements for future works. The Engineer shall record thebusiness of management meeting and supply copies of the record tothose attending the meeting and to the Employer. In the record,responsibilities for any actions to be taken shall be in accordance withthe Contract.

No Traveling Allowance / Daily Allowance (TA/DA) or any otherexpenditure incurred by Contractor wil l be paid by the Employer to the

Y/,i,g:lsp'f,f,s,fts f:,,'..l;:

Single-Stage: Two-Envelope Procurement of Works /N-50/Package-4

Section B - Part icular Condit ions of Contract 8-9

4.2


4.3

Contractor'sRepresentative

4.8

Safety Procedures

4.12

Unforeseeable physicalCondit ions

4 . 1 6

Transport of Goods

4.18

Protection ofEnvironments

Clause-4: The Contractor

Insert fol lowing at the end of the second paragraph of this Sub-Clause:

"The Performance Security shall be issued either (a) by a schedule banklocated in the Country, or (b) by a reputable foreign bank, selected bythe Contractor and acceptable to the Employer. l f the bank issuing thePerformance Security furnished by the Contractor is outside theCountry, the issuer shall have a correspondent bank in the Country tomake it enforceable in the Country. The Performance Security shall bein the form annexed to the Bidding Document.

The Performance Securitv of a Joint Venture shall be in the name of theJoint Venture."

At the end of this Sub-Clause add:

"The Contractor's Representative or the person to whom Contractor'sRepresentat ive delegates any power, funct ions and authori ty must be aqual i f ied Professional Engineer (registered with Pakistan EngineeringCounci l ) in the relevant f ie ld.

In addit ion to the Contractor 's Representat ive, al l engineers andforemen present at the Site, shal l also be f luent in speaking Urdu orEngl ish Language, otherwise the Contractor shal l provide suff ic ientinteroreters at the Site to ensure adequate communication with thelocal personnel."

Replace the f i rst l ine with.

"The Contractor shal l , at his own expense:"

Add the fol lowing at the end of Sub-Clause:

" ln addit ion to not ice of any Unforeseeable physical condit ions, theContractor shall provide the Engineer with a written notice of anyunant ic ipated environmental r isks or impacts that ar ise duringconstruct ion, implementat ion or operat ion of the Plant or PermanentWorks, which were not considered in the ini t ia l environmentalexaminat ion, the environmental management plan or the resett lementplan attached hereto as Appendix [J through Appendix [_]" andalso of any arising resettlement risks or impacts."

Add the fol lowing at the end of Sub-Clause by shi f t ing the word "and" fromafter Para 'b ' to after Para 'c ' along with replacement of ful l stop at the end ofPara 'c ' w i th semico lon :

"(d) The Contractor shal l adequately record, in a video with date(s)which can not be al tered, the condit ion of roads, agr icul tural landand other infrastructure prior to starting to transport materials andconstruct ion."

Add the fol lowing paragraphs at the end of Sub-Clause.

The Contractor shall exercise care to protect the natural landscape andshall conduct his construction operations as to prevent anyunnecessary destruction, scarring or defacing of the naturalsurroundings in the vic ini ty of the Works, except where clear ing isrequired for Permanent Works, appripved Temporary Works and the

Bidding Document for NCB/PNH RP/N-50/Package-4 Procurement of Works Single-Stage: Two-Envelope

B-1 0 Section 8 - Part icular Condit ions of Contract

excavation operations. All trees and native vegetation shall bepreserved and shall be protected from damages, which may be caused,by the Contractor's construction operations and equtpment.

On complet ion of the Works al l work area shal l be smoothedoraded in a manner to conform the natural appearance oflandscape. Where unnecessary destruct ion, scarr ing damage ordefacing may occur as a result of the Contractor 's operat ions, i t shal l berepaired, replanted or otherwise corrected as directed by the Engineerat Contractor's exoense.

Borrow areas shall be located and ooerated so as not to detract fromthe future usefulness or value of the si tes. Upon complet ion ofoperations borrow areas shall be left in a safe and slightly betterconditions. No borrow areas shall be located within 500 meter from theright of way.

During the execution of the Work required under the Contract, theContractor shall carry out proper and efficient measures as often asnecessary to reduce the dust nuisance and to prevent dust originatingfrom his operations. For waste water disposal the provision of septictank alone for worker's camp etc. will not be sufficient and may have tobe supplemented with secondary treatment in form of gravel drainsconstructed wetland depending on the laboratory results of effluentfrom the seotic tank.

The Contractor shal l also comply with al l appl icable nat ional, provincialand local environment laws and regulat ions. The Contractor shal l : (a)prepare a Site Specif ic Environment Management Plan (SSEMP) whichshal l be f inal ized by the Employer and submitted for approval by ADB,such SSEMP shal l be based on the EMP as required in the Ini t ia lEnvironment Examinat ion ( lEE) Repo(; (b) comply with the measuresrelevant to the Contractor set forth in the lEE, the EMP, the SSEMP,and the LARF(to the extent they concern impacts on affected peopleduring construct ion, and (c) al locaie the budget required to ensure thatsuch measures are carr ied out.

The Contractor shal l also comply with: (a) al l appl icable laws andregulations of Pakistan relating to health and safety; (b) theEnvironment Safeguards; (c) the Ini t ia l Environment Examinat ion ( lEE);and all measures and requirements set forth in the SafeguardsMonitor ing Report .

The Contractor shall allocate a budget for compliance with the abovemeasures, reouirements and act ions."

4.19 The ent ire text of Sub-Clause is deleted and subst i tuted with the fol lowing:

Electricity, Water and Gas "Except as otherwise stated in the Contract, the Contractor shall beresponsible for the provision of al l suppl ies of electr ic i ty, water, Gas andother services as are required for carrying out the Works at the Site.Any apparatus and equipment required for the use of these servicesshal l be arranged by the Contractor, at i ts own r isk and cost."

andthe

Single-Stage: Two-Envelope Procurement of Works fi 6jnt for NCB/PNHRP/N-50/Packaqe-4

Section 8 - Part icular Condit ions of Contract 8-11

4.21

Progress Report

6 .1

Engagement of Staff andLabour

6 .2

Rates of Wages andCondit ion of Labour

6 .6

Facilities for Staff andLabour

In the second line of first paragraph after the word "Contractor" add the text"in the format acceptable to the Engineer/Employer"

In subparagraph (g), the word "and" appearing at the end is deleted.

ln sub-paragraph (h) the ful l stop appearing at the end is subst i tuted with asemico lon ,

Add the fol lowing subparagraph at the end of Sub-Clause with cont inuingorder:-( i ) Planned programme for the execut ion of the Works for the next two

months to enable the Engineer to determine i ts programmeinspect ion and test ing;

( j ) Monthly summary of dai ly job record indicat ing weather condit ions,deployment of Contractor 's Equipment, labour employment (segregatedby gender), local mater ial procurement and mater ial import , i f any;

(k) Sal ient contractual and project Information; and

( l ) Mon i to r ing o f ob l iga t ions in Sub-Clauses 4 ,13 ,4 .18 , 6 . '1 , 6 .4 ,6 .7 ,6 .20& 6 . 2 1 . "

Clause-6: Staff and Labour

Add the fol lowing at the end of Sub-Clause:

"The Contractor shal l not make employment decisions based upon personalcharacteristics unrelated to job requirements. The Contractor shall base theemployment relat ionship upon equal opportunity and fair t reatment, and shal lnot discr iminate with respect to aspects of the employment relat ionship,including recrui tment and hir ing, compensat ion ( including wages andbenef i ts), working condit ions and terms of employment or ret i rement, anddiscipl ine,

The Contractor shal l (a) provide equal wages and benef i ts to men andwomen for work of equal value or type, (b) to the extent possible, employwomen and local people, including disadvantaged people l iv ing in the projectarea, who meet the job and eff ic iency requirements for the Works, (c) provideand adequately equip f i rst aid, health and sanitat ion, and personal hygieneand faci l i t ies for male and female workers at the Work si tes, (d) maximizefemale training and employment, and (e) al low freedom of associat ion andeffect ively recognize the r ight to col lect ive bargaining."

In f i rst l ine Insert fol lowing after the word "wages":

"not less than the rates as published by Federal Bureau of Statistics oras established for trade or industry or market rate of the project area"

The text of first paragraph is deleted and substituted with the following:

"Save insofar as the Contract otherwise provides, the Contractor shallprovide and maintain sui table accommodation and amenit ies for al l i tsstaff and labour, employed for the purpose of or in connection with theContract, including al l fencing, water supply (both for dr inking and otherpurpose), electricity supply, sanitation, fire prevention and fire fightingequipment, cooling system compliant with labour laws and acceptable tothe Employer, refr igerator, furni ture and other equipment in connect ionwith such accommodation or amenit ies. The Contractor shal l provide

(2)of

Section B - Part icular Condit ions of Contract

6.7

Health and Safety

6 .8

Gontractor'sSuperintendence

6 . 1 0

Records of Contractor'sPersonne l and Equ ipment

Sites. On complet ion of the Works, unless othenrvise agreed thetemporary camps/housing provided by the Contractor shal l be removedand the Site be reinstated to i ts or iginal condit ion, al l to the approval ofthe Engineer.

Notwithstanding the above following completion of the Works in case theEmployer require the Contractor not to remove/demolish the temporary-built camps/houses, then the relevant cost, as determined by theEngineer, shal l be paid to the Contractor."


"The Contractor shall ensure that all applicable road safety standardsare complied with during execution of Works. For the purpose of first andsecond paragraphs of this Sub-Clause the expenditure will be borne bythe Contractor and not the Employer. lf Contractor fails to comply theprovisions stated therein, the Contractor will be fined at the rate ofRs. 3000 /day of delay in provision of these facilities.

The Contractor shall conduct health and safety programs for workersemployed under the project and to members of the local communit iessurrounding the Project area, part icular ly women, and shal l includeinformation and educat ion campaign on the traf f icking of women and ther isk of sexual ly transmit ted diseases, including HIV/AIDS in suchprograms",

Add the fol lowing paragraphs at the end of Sub-Clause:

"The Contractor 's superintending staff shal l be qual i f ied civ i l engineersor possess Diploma of Associate Engineer in Civi l Engineering or civ i ltechnology depending upon the nature of assignment and have aworking knowledge of Engl ish and Urdu, otherwise the Contractor shal larrange a sufficient number of competent interpreters available at theSite during al lworking hours.

The Contractor's superintending staff must be available at Site whenever the Engineer's assistants related to construction supervision areinspect ing and test ing the Works as per Contractor 's dai ly inspect ionand test ing schedule."

Insert in second l ine after the word "Personnel":

"along with their names, designat ion and their placing"

In second l ine after the word 'Si te ' insert the fol lowing:

"along with their locat ion of work, make, model and registrat ionnumber or the number al lot ted to the specif ic equipment by theContractor and pr inted on the front or s ides of the equipment"


" ln case of disagreement by the Engineer on the above said records,dai ly report as made by the inspector from the Engineer 's / assistantsshowing the Contractor 's equipment wi l l be considered authent icwhi le taking into account the dupl icat ion of any equipment ref lected inthe Contractor's daily report."

Single-Stage: Two-Envelope Procurement of Works for NCB/PNHRP/N-50/Packaqe-4

Section 8 - Padicular Condit ions of Contract 8-1 3

6 . 1 5

Measures against Insectand Pest Nu isance

6 . 1 9

Funeral Arrangements

6 .21

Chi ld Labor

"6.25

Epidemics

7.4

Test ing

7.8

Royalties

Replace the whole text of the Sub-Clause with the fol lowing:

"The Contractor shal l at al l t imes take the necessary precaut ions toprotect the Contractors Personnel employed on the Site from all pestsand reduce the dangers to health and the general nuisance caused bythe same. The Contractor shal l provide his staff and labour with sui tableprophylactics for the prevention of malaria and shall take steps toprevent the formation of stagnant pools of water. The Contractor shallcomply with al l the regulat ions of the local health authori t ies in theserespects and shal l in part icular arrange to spray thoroughly withapproved insect ic ide al l bur ldings erected on the Site. Such treatmentshal l be carr ied out at least once a year or as instructed by theEngineer. The Contractor shal l warn his staff and labour of the dangersof Monkey, Snake and wi ld animals."

Replace the whole text of the Sub-Clause with the following:

"The Contractor shall make any necessary arrangements for thetransport to any place as required for burial, of any of his local orexpatriate employees or members of families of expatriate employeeswho may die at the place of Works or in the Country of Works. TheContractor shall also be responsible, to the extent required by the localregulations, for making any arrangements with regard to burial of any ofhis employees who may die whi le engaged upon the Works."

Replace the whole text of the Sub-Clause with the following:

"The Contractor shal l not employ any chi ld to perform work, includingwork that is economical ly exploi tat ive or is l ikely to be hazardous to, orto interfere with, the chi ld 's educat ion, or to be harmful to the chi ld 'shealth or physical , mental , spir i tual , moral or social development.'Chi ld" means a chi ld below the statutory minimum age of Fourteen( '14)years . "

Add the fol lowing paragraph as Sub-Clause 6.25:

In the event of any outbreak of i t lness of an epidemic nature, theContractor shal l comply with and carry out such regulat ions, orders,and requirements as may be made by the Government or the local orsanitary authori t ies for the purpose of deal ing with and overcoming thesame."

Clause-7: Plant, Mater ia ls and Workmanship


"The Contractor shall give 24 hours prior notice to the Engineer's /assistant according to the procedure mutually agreed between them fordaily inspection and testing of Works rather than the action to beinit iated by the Engineer under fourth paragraph of this Sub-Clause."

In paragraph (a), the word "and" appearing at the end is deleted.

In paragraph (b), the ful l stop ' . ' appearing at the end is replaced with" , and"

Add

including but not l imited

' ^ ' - - - . ' ,5tngte-blage: I wo-EnveropeBidding Document for NCB/PNHRP/N-50/Package-4 Procurement of

Sect ion 8 - Part icular Condi t ions of Contract

8.1 CommencementWorks

8.3

Programme

"9 ,5

Specif ic Test ing

1 0 . 1

Taking Over of the Worksand Sect ions

Clause-8: Commencement, Delay and Suspensionof The text of GCC, Sub Clause 8.1 (d) is replaced by the fol lowing paragraph:

"(d) receipt by the Contractor of the first installment of Advance Paymentunder PCC/GCC, Sub-Clause 14.2 [Advance Payment] provided that thecorresponding bank guarantee has been delivered by the Contractor."

The fol lowing words shal l be added after the words ". . . . . in accordance withthis Sub-Clause" at the end of the 4'n paragraph of GCC 8.3:

"promptly, and in any event within twenty eight (28) days after thereceipt of a notice from the Engineer"

The following paragraphs shall be inserted as the fifth and sixth paragraphsof GCC

"The programme shal l be submitted in the form of Pr imavera / MicrosoftProject or other similar software (3 Nos. hard and soft copies). TheContractor shall also have a licensed copy of the software from areputed f i rm which shal l be accessible to the Engineer as wel l as hisassistants. The Contractor shal l organize a training programme for thepersonnel of the Contractor as wel l as the assistants of the Engineer.

In case of delayed submission of the programme or the revisedprogramme in accordance with this Sub-Clause, the Contractor shal lpay a penalty of Rs. 5,000/- (Rupees five thousand) for each day ofdelay in the submission of the programme or the revised programme.The maximum amount of penalty for delayed submission of theprogramme or the revised programme shal l be Rs.1,000,000/-. Anypenalty payable by the Contractor under this Sub-Clause shal l f i rstreduce the outstanding amounts due from the Employer to theContractor (if any). Such penalty for delayed submission of theprotgramme or the revised programme does not prejudice theEmployer 's r ights under the Contract, including without l imitat ion theEmployer 's r ights to terminate the Contract under GCC 15,2."

Clause-9: Test on Complet ion

Add a new Sub-Clause 9.5 at the end of Clause 9 as fol lows:

The Employer shal l arrange for carrying out roughness survey with theEngineer at the t ime of complet ion of the Works and on expiry of DefectsNotification Period for issuance of Taking-Over Certificate and PerformanceCert i f icate. The Contractor shal l witness the Rouqhness Survev and beartheir costs in this regard.

Al l tests be performed in presence of the Engineer / his assistants or for anyspecif ic s i tuat ion a committee not i f ied by the Engineer with pr ior approval ofEmployer."

Clause-10: Employer 's Taking Over

Delete the third paragraph and insert the following:

The Engineer shal l , within 7 days of receipt of contracto/s appl icat ion, advisethe Employer to commence taking over proceedings. Within 7 days of thedate of receipt of Engineer's advice to commence such proceedings, theEmployer shall constitute a committee comprising of the Employer'srepresentative, the Engineer/Engineer's representative and Contractor'sRepresentative. The committee shall within fourteen (14) days of itsconstitution conduct a detai of the Works completed by the

a\\c)ne / i ;:' o " - . - - - . t ; , '

Sing le-Stage: Two-Envelope Procurement of for NCB/PNHRP/N-50/Packaqe-4

Section B - Part icular Condit ions of Contract

11.2

Cost ofDefects

Remedying

Contractor to ascertain the complet ion or the extent of complet ion and decidewhether to:

(a) issue the Taking-Over Cert i f icate to the Contractor, including the dateon which the Works or Sect ion were completed in accordance with theContract, except for any minor outstanding work and defects which wi l lnot substantially affect the use of the Works or Section for theirintended purpose (ei ther unt i l or whi lst this work is completed andthese defects are remedied); or

(b) reject the application, giving reasons and specifying the work requiredto be done by the Contractor to enable the Taking-Over Certificate tobe issued.

(c) The Employer shal l arrange for carrying out roughness survey with theEngineer at the time of taking over of the Works for issuance ofTaking-Over Certificate. The Contractor shall witness the RoughnessSurvey, and bear their costs in this regard.

All tests be performed in presence of the Engineer / his asststants orfor any specific situation a committee notified by the Engineer withpr ior approval of Employer.

After the cert i f icat ion by the committee, the Engineer shal l , within 14 days,issue the Taking-Over Certificate or the rejection. In case of rejection, theContractor shal l then complete the required work before issuing a furthernot ice under this Sub-Clause.

Replace "2B days" with"42 days" in the f inal paragraph.

Clause- l 1 : Defects Liabi l i ty

The ful lstop at the end of Para (c) is replaced with :

" including reinstatement, upon the complet ion of construct ion, ofpathways, other local infrastructure, and agricultural land to at leasttheir pre-project condition as recorded by the Contractor in consonancewith i ts obl igat ion in Clause 4.16."

Add the following paragraph before the first paragraph:

"At the completion of the Defect Notification Period the Employer shallconstitute a committee comprising of the Employer's representative,Engineer/Engineer's representative and the Contractor's Representative.The committee shal l within fourteen (14) days conduct a detai led inspect ionof the Works to ascertain the issuance of Performance Certificate.

The Employer shal l arrange for carrying out roughness survey with theEngineer or nominated Employer representat ive on the expiry of DefectsNotification Period for issuance of Performance Certificate. The Contractorshal l witness the Roughness Survey and bear their costs in this regard.

Al l tests be performed in presence of the Engineer / Employerrepresentat ive or for any specif ic s i tuat ion a committee not i f ied by theEmployer.

In middle paragraph of the GCC, replace the words "within 28 days after thelatest of the expiry dates of the Defects Notification Period" with "within 28

1 1 . 9

Performance Certificate

days after the detailed inspection by th-e_p_ommittee as required under thisSub-Clause -rz.(f,tl.1;--';....

Bidding Document for NCB/PNHRP/N-SO/Package-4 Procurement of Single-Stage: Two-Envelope

8-1 6 Section B - Part icular Condit ions of Contract

Clause-1 2: Measurement and Evaluation

" ln subparagraph (a) ( i i ) , replace .0.25o/o'wi ih "1%".

In subparagraph (a) (ii i), replace "1o/o" wilh"2o/o".

Clause-14: Contract Pr ice and Payment

The respective reference to "42" and "21" shall be deleted and replaced with"56"

The text of f i rst paragraph of this Sub-Clause is replaced with the fol lowing:"Within 56 days after receiving the Final Statement and wri t tendischarge in accordance with Sub-Clause 14.11 [Appl icat ion for FinalPayment Cert i f icatel and Sub-Clause 14.12 [Discharge], the Engineershall issue, to the Employer (with a copy to the Contractor), the FinalPayment Cert i f icate which shal l state the amount which is f inal ly due asper Contract, less al l amounts previously paid by the Employer and anydeduct ions in accordance with Sub-Clause 2.5 [Employer 's Claims]."

Clause-1 5: Termination by Employer

Replace the text of subparagraph (d) with the following:"subcontracts the whole or part of the Works or assigns the whole orpart of the Contract without consent of the Employer and requiredagreement, unless and except where the Contractor subcontractsunder Sub-Clause 4.4 (a) in which case the Employer shal l not beentitled to terminate the Contract."

Clause-16: Suspension and Terminat ion by Contractor

12.3

Evaluation

14.7(al

Payment

14.'t3

lssue of Final PaymentCertificate

15.2

Terminat ion by Employer

1 6 . 1Contractor's Entitlementto Suspend Work

16.2Terminat ion byContractor

Clause-1 7: Risk and Responsibi l i ty

1 7 . 3Employer 's Risk

First paragraph, third l ine, replace the number "21" with"42".In the second paragraph, fourth l ine the number"7" is replaced with "14".

ln f i rst l ine of subparagraph (a) replace the expression"42" with "56".

In second paragraph, f i rst l ine, replace the expression "14" with "2B"

ln third paragraph, in last l ine, replace the expression"l4" with "28".

Insert the fol lowing at the end of third paragraph:"The Employer shall provide notification within 7 days to the Contractoron ADB's suspension of the loan, and such not i f icat ion shal l statewhether sufficient fund in appropriate currencies are expected to beavai lable to the Employer to cont inue making payments to theContractor beyond 42 days after the date of ADB's suspension of theloan. "

The word "and" at the end of subparagraph (g) is deleted.The ful l stop at the end of subparagraph (h) is replaced with comma.Add the fol lowing at the end:

" i . lonizing radiat ions or contaminat ion by radioact iv i ty from anynuclear fuel, or from anv nuclear waste from combustion ofnuclear fuel , radioact ive toxicproperties of any explosive ,,

or other hazardousmbly o r nuc lear

comoonent thereof, andbioloo ical /bacter ial terror ism

Sing le-Stage: Two-Envelope Procurement of Works


Clause-18: Insurance

1 8 . 1

General Requirements forInsurances

18.2

lnsurance for Works andContractor's Equipment

Clause-20: Cla ims,

20.6

Arbitration

Contract".

Disputes and Arbitrat ion

Replace the subparagraphs (a) and (b) with the fol lowing paragraph:

The fol lowing new paragraphs are added at the end of Sub-Clause 18.1 :"The Contractor shall be entitled to place all insurance relating to theContract (including but not limited to, the insurance referred to in Sub-ClauseslB.2 f lnsurance for Works and Contractor 's Equipmentl , 18.3

Insurance against Injury to Persons and Damage to Property] and18.4 flnsurance for Contractor's Personnell with the insurancecompany as approved by the Employer.

The relevant insuring party shal l within 2B days from theCommencement Date submit to the other party:

a. Evidence that the insurance described in this Clause 1Bflnsurancel have been effected, and

b. Copies of the pol ic ies of insurance described in the Sub-Clause'18.2

f lnsurance for Works and Contracto/s Equipmentl , 18.3f lnsurance against Injury to Persons and Damage to Propertyland '18.4

|nsurance for Contractor 's Personnel] . There shal l beno obl igat ion for the insurances in this Sub-Clause to include lossor damage caused by the Risks l isted under Sub-Clause 17.3

IEmployeis Risks] subparagraphs, (a) to( j ) of the Condit ions ofContract."

Add fol lowing paragraphs at the end of Sub- Clause '18.2:

"The insurance shal l also cover:

a. The Employer and the Contractor against loss or damage from thefirst working day after commencement until the date of issue of therelevant Taking-Over Certificate in respect of the Works or anysection or a part there of as the case may be; and

b. The Contractor for his liability:i . dur ing the defects l iabi l i ty for loss or damages ar is ing from a

cause occurring after commencement of Defects NotificationPeriod

i i . caused by the Contractor in the course of any operat ionscarried out by him for the purpose of compliance with theobl igat ions under defect l iabi l i ty.

I t shal l be the responsibi l i ty of the Contractor to not i fy the insurance companyof any damage in the nature and extent of the Works and to ensure theadequacy of the insurance coverage at al l t imes during period of the

"ln case of a foreign contractor, arbitration shall be carried out in accordancewith the Rules of Arbi trat ion of the Internat ional Chamber of Commerce and i tshal l be administered by the ICC Internat ional Court of Arbi trat ion. The placeof arbitration shall be the place ( ptable to parties in case of

,l i:,

, } i it : l

:ii

BiddingDocumentforNCB/PNHRP/N-50/Package-4 Procurementof Single-Stage: Two-Envelope

8-1 8 Section 8 - Part icular Condit ions of Contract

Clause 21: Other lssues

"21,1

General l tems

foreign Contractor. In case of a domestic contractor, arbitration shall becarried out in accordance with the rules and provisions of the Arbitration Act1940 of the ls lamic Republ ic of Pakistan and the place of arbi trat ion shal l bels lamabad, Pak is tan . "

Add the fol lowing Clause after Clause 20:

l f the Contractor does not provide the i tems or fai ls to ful f i l l i ts obl igat ions inrespect of the i tems under Bi l l No. 7 within the t ime frame specif ied in i tsProgram for these act iv i t ies, the Engineer shal l instruct the Contractor to ful f i l li ts obl igat ions in respect of the i tems under Bi l l No. 7 within 28 days, fai l ingwhich the Engineer shal l deduct the amounts due to the Contractor fromInterim Payment Certificates in accordance with clause 3.5 [Determination] tocompensate the Employer against the expenditure incurred by the Employerin this respect including his administrative overheads etc. @12%'.


Section 9 - Contract Forms

Section 9 - Contract FormsThis Section contains forms which, once completed, will form part of the Contract, The formsPerformance Security and Advance Payment Security, when required, shall only be completed bysuccessful Bidder after contract award.

Table of Forms

Let ter o f Acceptance. . . . . . . . . . . . . . . . . . . . . . .9-2

Contract Agreement .. . . .9-3

Performance Security .. . . . . . . . . . . . . . . . . . . .9-5

Advance Payment Security .. . . . . . . . . . .9-6

Indemity 8and. . . . . . . . . . . . . . .9-7

forthe


9-2 Section I - Contract Forms

Tn

Subject:

In accordance withthe acceptanceRs.

Letter of Acceptance[on letferheod paper of the employerJ

dafe.

name and address of fhe contracfor

Notificafion of Award Confracf No.

Clause 40.1 of the Instruct ions to Bidders, undersigned is pleased to informof your evaluated Bid by the Competent Authori ty amounting

youto

/ - (Pakistani RupeesOnly) .

The aforementioned amount is the "Contract Pr ice" payable in considerat ion of Execut ion, Complet ionand Defects Liability of the Works as prescribed by Contract Documents.

You are requested to proceed with Clause 41 & 42 of Instruct ions to Bidders and to furnish thePerformance Securi ty within 28 days in accordance with the Condit ions of Contract, using for thatpurpose, the Performance Securi ty Form included in Sect ion 9 (Contract Forms) of the BiddingDocument.

Authorized Signature.

Name and Ti t le of S ignatory: . . . . . . . . . . . . . . . .

Name of Agency:

Attachment: Contract Aoreement

Single-Stage: Two-Envelope Procurement of Works Bidding Document for NCB/PNHRP/N-S0/Package-4


Contract AgreementT H | S A G R E E M E N T m a d e t h e . . . . . . d a y o f . . . . . . . , b e t w e e n . . . . . n a m e o f t h eenployer. . . . (hereinafter "the Employer"), of the one part, and nane of fhe conrracror..(hereinafter " the Contracto/ ' ) , of the other part :

WHEREAS the Employer desires that the Works known as . " . name of the contracr. . . . .should beexecuted by the Contractor, and has accepted a Bid by the Contractor for the execution andcomplet ion of these Works and the remedying of any defects therein.

The Employer and the Contractor agree as fol lows:

1. In this Agreement words and expressions shal l have the same meanings as are respect ivelyassigned to them in the Contract documents referred to.

2. The following documents shall be deemed to form and be read and construed as part of thisAgreement. This Agreement shal l prevai l over al l other Contract documents.

(a) the Contract Agreement,

(b) the Letter of Acceptance,

(c) the Letter of Technical Bid,

(d) the Letter of Price Bid,

(e ) theVar ia t ion Nos. " , . . inser tvar ia f ionnumbers i f any . . . . .

(f) the Particular Conditions of Contract - Part A,

(g) the Part icular Condit ions of Contract - Part B,

(h) the List of El igible Countr ies that was specif ied in Sect ion 5 of the Bidding Document

( i ) the General Condit ions of Contract,

/ ; \ i h a Q n a n i f i n r l\ r / - . lons,

(k) the Drawings,

( l ) the completed Schedules including Bi l l of Quant i t ies, and

(m) any other documents shal l be added here.

3. In consideration of the payments to be made by the Employer to the Contractor as indicated inthis Agreement, the Contractor hereby covenants with the Employer to execute the Works andto remedy defects therein in conformity in all respects with the provisions of the Contract.

4. The Employer hereby covenants to pay the Contractor in consideration of the execution andcompletion of the Works and the remedying of defects therein, the Contract Price or such othersum as may become payable under the provisions of the Contract at the t imes and in themanner prescribed by the Contract.


Sect ion 9 - Contract Forms

lN WITNESS whereof the parties hereto have caused this Agreement to be executed in accordancewith the laws of . name of rhe borrowing counfry.. . . .on the day, month and year indicated above.

for and on behalf of the Emploverin the presence of

for and on behalf the Contractorin the oresence of

Witness. Name. Sionature. Address. Date Witness Name, Signature Address, Date

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Bank's name, and address of issuing branch or officel

Beneficiary: .. .. .. . Nane and address of employer . . .. ..

Date:

Performance Guarantee No.:

Wehave been in fo rmedthat . . . . . naneof fheconf rac for . . . . . (here ina f te rca l led" theCont rac tor " ) hasentered in to Cont rac t No. . . . . . re fe rencenunbero f fheconf rac t . . . . . da ted . .w i th you, fo r theexecution of . . . . .. nameof confracf andbrief descripfionof corks..... (hereinaftercalled "the Contract").

Furthermore, we understand that, according to the conditions of the Contract, a performanceguarantee is required.

At the reques to f the Cont rac tor , we . . . noneof rhebank. . . . . hereby i r revocab ly under take to payyou any sum or Sums not exceeding in total an amount of . . . . . nane of lhe curcency and anount in figures', ( . . . amounf in words.. ) such sum being payable in the types and proportions of currenciesin which the Contract Pr ice is payable, upon receipt by us of your f i rst demand in wri t ing accompaniedby a written statement stating that the Contractor is in breach of its obligation(s) under the Contract,wrthout your needing to prove or to show grounds for your demand or the sum specif ied therein.

This ouarantee shal l exoire. no later than the Day of 3 , and any demandfor payment under it must be received by us at this office on or before that date.

This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publ icat ion No. 458 (orrCC Publication No. 758 as applicable), except that subparagraph (ii) of Sub-article 20(a) is herebyexcluded.a

Seal of Bank and Signature(s)

Al l i tal icized text is for guidance on how to prepare this demand guarantee and shal l be deleted from the f inal document.The guarantor shal l insert an amount representing the percentage of the contract price specif ied in the contract and denominatedeither in the currency(ies) of the contract or a freely convert ible currency acceptable to the employer.Insert the date 28 days after the expected expirat ion date of Defects Noti f icat ion Period. The employer should note that in the eventof an extension of the t ime for completion of the contract, the employer would need to request an extension of this guarantee fromthe guarantor. Such request must be in writ ing and must be made prior to the expirat ion date establ ished in the guarantee. Inpreparing this guarantee, the employer might consider adding the fol lowing text to the form, at the end of the penult imateparagraph: "The Guarantor agrees to a onetime extension of this guarantee for a period not to exceed [6 months]l1 year], inresponse to the Employer's writ ten request for such extension, such request to be presented to the Guarantor before the expiry ofthe guarantee."Or the same or similar to this clause specif ied in the Uniform Rulesapplicable.

1

ICC Publication No. 758 where

ff the institution issuing the performance security is located outside the counfry of the enployer, if shall have acorrespondenf financial instifufion located in fhe counfry of the enployer to nake it enforceable.

Bidding Document for NCB/PNHRP/N-SO/Package-4 Procurement of Single-Stage: Two-Envelope

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BIDDING DOCUMENT - NHA

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