Conditions of contract for civil engineering work Điều kiện hợp đồng cho Công tác hạ tầng Conditions of contract for civil engineering work Điều kiện hợp đồng cho Công tác hạ tầng Conditions of contract for civil engineering work Điều kiện hợp đồng cho Công tác hạ tầng
Trang 1REPUBLIC OF IRAQ MINISTRY OF PLANNING
LEGAL DEPARTMENT
CONDITIONS OF CONTRACT FOR
CIVIL ENGINEERING WORKS
Trang 2CONDITIONS OF CONTRACT FOR CIVIL ENGINEERING WORKS TABLE OF CONTENTS
Page THCX su 66 6 66 6n n3 6 An HH He HH H Ơn 6/9 0/60 6/6 6.6 6.6/66 66.6 6 6 6 6 6 4
Instructions to TenderâerS .ô.ô ô.ô s11 11 1 1K Y 11 1161 Ÿ 166 11 Form Of Tender sevcsccccccrcccccrssscesscssscssesscvcees 14 se eeeeecece 15 Part I - General Conditions
Part II - Conditions of Particular Application e+ 66
¬ 69
Form of Contract «+
Trang 3Clause No Clause Heading Page 2 3 4 1 1.1 1:2 1.3 1.4 1.5 1.6 1.7 Instructions to Tenderers
Form Of Tender seccecevaineccccccccccccccvesens Part I — General CondiElONS s‹.«sseeseeesessasees BSElniẸOHS sissssieeeleoleesieiatglsia (6 sloreuisisisieeisiene
EINDLOVE -‹44i46ss6s:66i.6:6:6/6/96:8066)6/4/813/21559/3/8/618)6isi/4/2/6'674 e COntFACEOF ‹ĩ⁄255«ĨốỊĨỐ5Ĩ6Ĩ9 56 606606690666 086 6568690656166 SUP-COHEEAGEOE-sseisiesielsseitszelezsošSoie5 05 77 BQT œáicexesea s2 (0617901700-666 07000 Engineer's RepresentaLivVe « WNOEKS sesessseeseseieleissleierbyslelelg'esis.iele sS/5000955 522
6irnanent WOFKS s‹s+ 4s e6ssssỌsssseeseenmsselses Temporary WOrkS ssececcssevvcccecccccccuscccscs
CGHEEAGEssaaeessessesseesssee v0 Contract: Price «44425 090009©259 492240172 7 2‹ Time: for COmpletiOn ssesássssessosssasesessesske
Constructional Equipment e s e sse
Priced Bill of Quantities “
Section of the WOrkS « ««4 «455555 5(34xe⁄s2 DEAWILAQS) coq sicivinceinta’s n\eis.taae)e ee hoon en
6pecification s số
Site One cece eee ween sees eneteweenee
Interpretation Cee cere cece cesessereececccese Duties and Authorities of Engineer's
Trang 4Clause No Clause Heading Page
5 Extent O£ COntraCt „‹« «+ 5+ 5+ốĨ55(616616156515exe«ese 18
6 Contract DOCUMENtS ô se.sess-.seseseesee 18
a Drawings =ơ.- sax, 19
8 Safety o£ Site Operations , ssôô5ô5s% 5 5â 20
9 Form of Contract and Effective Date of Contract 20 10 Performance Bond 4ô.ôôôô+sôô%s555555555âsô+ 20
11: Inspection of Site Siasessse” 2
12 Adverse Physical Conditions and Artificial
ObstrUCtiOnS « e e s2 ŸYYŸsYeeeseeeseeesee 21 13 Work to be to Satisfaction of Engineer 22
14.7 Programme to be Furnished cecsscecceseseeeees 22
15 Contractor's Superintendence , « «se 1+ + +5 °° 22
16 General Obligations sssseseceseceecccseesereees 23
1 Use of Local Materials wssseesesseecsessceceees 23 2 Temporary Importation sseeeeeeseseeceeceeeseers 23 3 Marine Transportation cssesceececesceceecsereee 23
4, Air Transportation sseesecesseressecccescesees 24 5 Inland Transportation ôôô ô5 ôôs55555%5(51 5x2 24 6 EXDIOSiVâS se 5c 1115 61 1 1n 6 1S n n1 1n m1 24
Te UEIIÍLÍĐS ssseoseessoessseeeeesreeseeeres,eeesie==m - 28
B Other ObligatiOnS «s«essesssessssese.eeeseseeeee 25
9 Obligations at Cost of Contractor ss.eseeeeesee 25
17 Setting—Out cssecccccecscrerecccrcvesssseneses 25
18 Boreholes and Exploratory Excavation 26 19 Watching and Lighting .««« «s5 %55⁄5ỐỐ55⁄5ses« 26 20 Care of Works and Excepted RISKS ««««« 26 eesesseee 26 1 Care Of WOrkS cececeeeccecesoces
Trang 5Clause No, Clause Heading Page
21 Insurance Of WOrkS; CtCesssscccesessocccosece 27
22 Damage to Persons and PFODOFEVG s1 111111111 28 23% Third PartVy TnsuranCâ ôôôôôôôô.eôeôôeôeeseee 29
1 Third Party TnSUFADC€ sseoosseesesesdsjeesese 29 2 Minimum Amount of Third Party Insurance 29 24 Accident or Injury to Wiorkmen .«seses»se«es«« 29 25 Contractor's Failure EO TnSUFe ««.«««««« 30 26 TaxeS and DUticS ccccscccscsccsvcesccccsces 31 2715 Compliance with Statutes, Regulations, etc 31
28 Fossils, ©EEsossseesseesees.ases 32 29 Patent Rights and ROValtiesS «««.« « «.« 32
30 Tnterference with Traffic and Adjoining
PLOPertleS.ccccccescccccecccsescscccenssccoce 33
31 TraffiC eee ceeeeeeeee 33
1 Conditions of Loading and Unloading .««« “33
9, “THREFIG se 22s ố 33
3 Special LOadS se.«.s.s.s.e s.sss.sssSe 33 4 Waterborne Traffic ccsscccecccscesccenccess 34 32 Opportunities for Other Contractors - 34
33%, ‘supply of Equipment Materials and Labour 35
34 Clearance of SèLâ ôôô eôô _ 35 35 Contractor's ENDIOVeâS.ô s.ese < ss.se 35 1 Provision of Employees .«.« 35 2 Right of Engineer tO ObjeCE «««„««s » «««« 35
3 Adđitional Measures « ««« 36
4 Wage BOOkS CtCe sscseccenccsnccsencceneussens 36 5 Returns Of LAbOUF „ ««« -.- - 36
6 Other Respects Of EmpDlOVment «.«««»e«-«««««« 36
Trang 6Clause No Clause Heading Page
36 Statistical Data -cccscoccecccsececersesesee 38 37." Tests cue sivsinse sas vapecehessasesciees oC
1 Quality of Materials and Workmanship and Tests 38
2 Cost Of SampleS sevecsecevsecceescssssecsconce 38 sumeesseleamesiicces: 39
3 Cost Of TeStS wecceescece
4 Cost of Tests mot Provided for etC seseeseeees 39 38 Access`to Site and Materials Resources 39 39: Uncovering and Examination of Works 40
1 Examination of Works before Covering Up 40
2 Uncovering and Making Openings ‹‹«‹s««ss«s s5 5 « 40
40 RejeCLÍOn «.« se s «s16 60006 nĩ 0n 6 im mm n6 nh 40
1 Removal of Improper Works and Materials 4n
2 Right of Engineer to Suspend Work ox AL 3 Default of Contractor in Compliance with Orders
to Remove Improper Works and Materials .«»« 4
41 Suspension Of WOrk csscsecsescecccscecccerecess 41
1 SuspensiOn „ «4 «» «««ss s11 1010606060601 0161 8601.160 v16 41
2 Suspension Lasting More Than (90) Days 42 42 Commencement OF WOKKS ô ôô55+â5 5555 555557s=5s 42 43 Possession Of Site ss «se se eS°seseeseeeseee 42 1 Possession Of Sit@.ssccccescccecssceers 42
2 Wayleaves Expenditures, CtC „s ‹« «5ĩ %25 51155 ° 42 44 Time for Completion s.osseseese.°.°ss°SS1 S515 43 45 Extension of Time for Completion s+ssecsessoeee 43 46 No Night or Friday Work scccscecesscceccsccese 43
47 Progress Of WorkS e++ -+ese oo 44
48 Penalty for DelaV ‹ «s««55%5 555555555 ;-~~ 9 44 1 PenaltV see«eeess s16 6 6 666606 66666 666666 66 66666 69066666 S0 8 t9 Si 44
Trang 7Clause No Clause Heading 49, 50 51; 52 53 54 55 56 57 58 3 4 5% 1 2
Taking-Over Certificate , «4,ssee255561⁄5(55ỐỐỐ56Ĩ$ Maintenance , «««s
Period o£ Maintenance , .«.«.e«< <<
Execution of Maintenance WOrkS , ««««««+ «5= ««
Contractor's Failure to Carry Out Maintenance,
Works
Contractor to Search’ cscccesccesecsenccecssss
Variations and Variation Orders , ‹ ‹««« « VaYyliatÌOnS „ « <- esseses.sseessese=esee Variation Orders cs ceccccccescccencsseencecoucs Valuation:o£ VariatiOnS '¿ĩĩs4cc.uossssssssseesss Valuation of VariatiOnS ««««
Variation in the Items of the Priced Sill of
QuUantiLti€Ssssasesssseassosaeseosss9/2244./4/4244Ỏ
In Event o£ Disagreement on PrlCES « «.«
CÏẠMS 4 2 se 6c 6n 1 HH HH Ho HH1 HY nÝ 1 1 8 k6
Constructional Equipment and Temporary Works
Equipment etc Exclusive Use for the Works Removal of Equipment etc ++-
Employer not liable for Damage to Equipment etc Custơns Clearance «««
Re-Export O£ Equipment .«.« -s se
Approval of Materials etc Not Implied Quantities and Rat©S cessesescsceeevevrvee Works to be Measured weseecccesescececnseees
Method of MeaSUreMment weeeccccscccsccseseres
Trang 8Clause No Clause Heading Page
59 Provisional SUMS cececccceseccscscscesccsecccsees 52
1 provisional Sums Included in the Priced Bill
of UENELELSS po ouvanaoen ante seceasunoueenSeseeee 52
2 Production of Vouchers, etC so e.ssss.« 52
3 General Contingencies Sum of the Contract 53
60 Nominated Sub-ContractOrs.cecsscscccrsceccosses 53 1 Definition of Nominated Sub-Contractors 53 2 Entitlements of Nominated Sub—ContractorsS 53
3 Payments toNominated Sub-ContractOFS - 54
61 Assignment of Nominated Sub-Contractor's
ObligatiOnS e.oeeeseeeeseeseseeseessee.esesese==eee 54
62 Terms Of PayMeNnt.ccscceeccescccccoscccssccccesss 55 1 Payment for Completed Work .cccsscsccseecseccces 55
2 Payment for Materials Machinery and Equipment 56 3 Payment in Foreign Currencies « « 56 63 ADDFOVA] esese.sessses°e.se°e.eS.esseesneseeesneee 7
64 Final Acceptance — .,
1, Final Acceptance CertifÌCat© sesssssessse.se 57 57
2 Cessation of Employer's LiabilitYy os.«
3 Unfulfilled ObligatiOnS «.s.ssesseeesessessseee 58 4 ACCESS tO WOFKS.ssssssssesesesesssesseseseesese.e 58 5, Final Acceptance Certificate Conclusive 58
65 FOrfeitUFâ ô.eeseeseeseseseseseeeeseeseseseesesese 59
1 FOrftUF© ssssveeese
vs 59
2 Valuation at Date of Forfeiture seses 60 3 Payment after ForfeitUFe s««seeseessssesssse O61 66 Urgent RepaiFS «esesssssessese seeseeesseesee O61
Trang 9
Clause No Clause Heading Page
67 Termination o£ Contract .««««««« 62 68 Payment in Event o£ Termination o£ Contract 62 69 Settlement of Disputes - Arbitration 63
70 NOPIGGS cĩcccocsea =-= — 65
1, Notices to ContraeEoEssssa sa 65
2 Notices to Employer or EngineerF «««.««« 65
De: ReCOVerVlGE TBESavsesseeesiie cố 65 72 Law Applicable to the Contract 65 - Part II - Conditions of Particular Application 66
= Form Of Contract sessecesssccccccceucsessese 69
Trang 10
CONDITIONS OF CONTRACT FOR CIVIL ENGINEERING WORKS 2 3 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8
Tenderers are inivited for s«.eesee WOFKS aS detailed under the description of Works
Submission of Tenders
Tenders shall be submitted to in a sealed envelope exhibiting name and number of tender after filling and signing the Form of Tender by the tenderer, stating the tender price in ink in both figures and writing, and after signing all pages of the tender documents and filling in
all necessary blanks, Manuscript and all figures shall be legible, correct and devoid of erasures Every correction
or crossing out shall be initialled by the tenderer Figures or writing required to be filled in the tender’ shall not be amitted No conditions or reservations shall
be added except by separate memorandom to be attached to
the tender and to be referred to therein
Documents Attached to the Tender
The tenderer shall enclose with his tender all the tender documents as well as the following documents:
Certificate of affiliation to the Iraqi Contractors' Union (For Iraqi Contractors) valid on the date of submission of the Contractor's Tender
Documents defining the constitution of the Company and any other documents stated in item 4 hereinbelow
A list of works of a similar character and magnitude pre-
viously executed naming the owners of such works
A list of works presently under execution naming the owners
of such works
Preliminary deposit referred to in item 7 hereinbelow Certificate of registration with the General Commission for
Taxes
Contractor's registration certificate or card
Details of the living accommodation to be provided ia [hdd
by the Contractor (if non-Iragi) for his non-Trad
employees with alternative prices for removing same after completion or for handing them over to the Employer
11
Trang 114
5
6
7%
Information about Tenderers
Tenders submitted by companies shall be accompanied by
instruments and documents defining the constitution of the
company, powers of attorney of its authorised represen—
tatives together with their nationalities and the nationa— lities of all members of the boards of directors of the holding companies and the owners of the capital of the other companies, and with a notarially authenticated copy of the company's or partnership's statute or deed as well as the preceding year's financial balance sheets
Programme of Work
Tenderers shall indicate in their tenders the method and
programme of work as well as details and types of machinery
and equipment intended to be used in the execution of the
works
Time for Completion
Unless the Employer shall have specified the Time for
Completion in the tender documents, tenderers shall state in their tenders the period required for the completion of
the Works, and the tenderer whose tender is accepted shall be responsible for the completion of the Works within the said period
Preliminary Deposit
Tenderers shall provide a preliminary cash deposit cf ID s OF Shall alternatively submit a letter of quaran- tee or cheque issued by a Government Bank in Iraq or bearer bonds issued by the Iraqi Government equivalent to the amount of the deposit Deposits shall be withheld
throughout the period of validity of tenders stated in item 8 hereinbelow, and the tenderer may request the release of
such deposits upon the expiry of the said period or upon the signing of the Form of Contract, whichever is earlier,
Validity of Tenders
Tenders shall remain valid and binding upon tenderers for a
period Of ssescessceeeees days as fram the closing date of
tendering
Obtaining Necessary Information by Tenderers
Tenderes shall, prior to the submission of their tenders, and notwithstanding any information contained in the tender
documents, investigate the mature of work , examine the
surrounding conditions and in general obtain for themselves
information as to all matters which may, one way or another,
affect the obligations of the would-be Contractor under the Contract or the financial balance of the Contract or by reason of any risks in the carrying out of the Works Any
neglect, delay or failure on the part of the tenderer in
obtaining such reliable information regarding the aforesaid, or any other matters , shall not relieve the would-be
Trang 1210 11 12 13 14 15
Contractor form the risks, obligations or responsiblility for completion of the Works within the stipulated period and at the prices stated in the tender
Works as a Whole
Only tenders for the Works as a whole shall be accepted and no tender for a specific part thereof shall be accepted
unless otherwise stipulated in the tender documents Deadline for Acceptance of Tenders
Tenders shall be submitted in accordance with the Form of
Tender at or before 12'noon ON eesee *“*ctoinecftdi
⁄ /19 Tenderers shall ensure when fespacadine their tenders by registered mail to allow sufficient time for delivery thereof prior to the aforementioned closing date No tender delivered after the closing date for wha-
tever reason, shall be accepted, similarly no mondification
whatsoever or reduction in prices shall be accepted at any such time
Performance of Contract
After acceptance of his Tender by the Employer , the Contractor shall, within ( ) days from the date of
notification of award attend for the purpose of signing the Form of Contract and submitting the performance bond in accordance with the Contract, failing which the Employer may withhold the preliminary deposits and complete the Works at the Contractor's account in accordance with the provisions of the Contract without official notice or taking any other legal proceeding
Addressing Correspondance
The address of the tenderer, recorded with the Employer upon
obtaining the tender documents, shall be considered valid
for the purposes of correspondance during the period of validity of tenders
Acceptance of Tenders
The Employer does not bind himself to accept the lowest tender, and will have the right, according to his own assessment, to accept or reject any tender or to cancel the tender altogether, without thereby giving the tenderer any
right to claim any compensation Unpriced Items
The cost of any itemor items left unpriced in any sub-
mitted tender shall , in the quantities set out there-
against, be deemed included in the cost of the other items
Trang 13FORM OF TENDER
Name Of Tender seccccciccccccccnscecccncccccccccsccessss To/ Mr
WE cccccccccvccccvcccevesceeccccesecscevecessesesenses
whose office is situated at
Having visited the Site and obtained all necessary information and carefully studied the Instructions to Tenderers and all other
tender documents, we hereby submit our tender for the execution
and maintenance of the Works and the provision of all machinery
and equipment and any other materials for carrying out the Works
We further undertake to execute the required Works and to provide all the required materials in accordance with the Conditions of
Contract, Drawings, Specification, Priced Bills of Quantities and
the other Contract Documents for the sum Of ID
payable in accordance with the provisions of this Contract, and
we further undertake to complete the Works within days We do also acknowledge that the amount of Geposit made by us
shall, pursuant to item 7 of the Instructions to Tenderers, be
withheld by you as a guarantee of our good faith In the event
we do not attend for the purpose of signing of the Form of
Coritract within the period set out in item 12 of the Instructions to Tenderers, then you shall have the right to withhold the said deposits and complete the Works on our own account in accordance with the provisions of the Contract without official notice or
taking any other legal proceeding
Signature ,.„ .«
bu euụẠM
AlỎFr©SS , - e
Trang 14CONDITIONS OF CONTRACT FOR CIVIL ENGINEERING WORKS PART I : GENERAL CONDITIONS
CLAUSE 1 - DEFINITIONS AND INTERPRETATION
1.1 1.1.1 1.1.2 1.1.3 1.1.4 1.1.5 1.1.6 1.1.7 Definitions
The following words and expressions shall have the
meanings hereby assigned to them for the purposes of this
Contract unless otherwise stated:
"Employer" means the party named in Part II of the Conditions of Contract who will employ the Contractor,and the legal successors of the Employer
"Contractor" means the person or persons, firm or company
whose tender has been accepted by the Employer in writing
and includes the Contractor's authorised representatives,
legal successors and pemnitted assigns
"Sub-Contractor" means any person, finn or company (other than the Contractor) named in the Contract for the execu-
tion of any part of the Works or any person to whom any part of the Contract has been sub-let with the consent in writing of the Engineer, and includes the Sub-Contractor's
authorised representatives,legal successors and permitted
assigns
"Engineer" means the person or persons, firm or company named in Part II of the Conditions of Contract or
appointed from time to time by the Employer and notified
in writing to the Contractor to assume the authorities of the Engineer set forth in the Contract
"Engineer's Representative" means any resident engineer or
assistant of the Engineer appointed from time to time by
the Employer or the Engineer to perform the duties set forth in the Contract and whose authorities shall be notified in writing to the Contractor by the Engineer
"Works"means both Permanent Works and Temporary Works
"Permanent Works" means all permanent works to be executed
in accordance with the provisions of the Contract including the design, supply, construction, erection, commissioning
and maintenance as the case may be
Trang 151.1.8 1.1.9 1.1.10 1.1.11 1.1.12 1.1.13 1.1.14 1.1.15 1.1.16 1.1.17
"Temporary Works" means all temporary works of any kind
required in or about the execution or maintenance of the
Works
"Contract" means Conditions of Contract , specification,
Drawings, Priced Bill of Quantities, Schedule of Rates and
Prices for labour materials and equipment ( if any ) ,
Contractor's Tender, Form of Contract, letter of award and any other documents stipulated as such in the Form of
Contract, collectively constituting the ™ Contract Documents"
"Contract Price "means the sum named in the Porm of Contract subject to such additions thereto or deductions therefrom as may be made in accordance with the provisions of: the Contract
"Time for Completion " means the time for completion of the Works or any section thereof as specified in the Contract or such extended time as may be allowed under Clause 45 hereof
"Constructional Equipment" means all equipment, appliances and things of whatsoever nature required in or abowt the execution or maintenance of the Works but does not include materials or other things intended to form or forming part of the Permanent Works
"Priced Bill of Quantities" means the bill containing the descriptions quantities and prices of items of the Works
to be executed under the Contract
"Section of the Works" means any of the sections into which the Works are divided for the purposes of nertial Taking-Over or as may otherwise be described and set out
in the Contract Documents
"Drawings" means the drawings referred to in the Contract Documents and any modifications thereof approved by the Engineer in writing and any other drawings as my from time to time be furnished or approved in writing by the Engineer
"Specification" means the specification referred to in the
Contract Documents and any addenda thereto or modificat—
ions thereof as may fran time to time be furnished or approved in writing by the Engineer
"site "| Means the lands and places within the boundaries of the Republic of Iraq on, under, in or through which the Works are to be executed _and any other lands or places allocated by the Employer for the purposes of the Contract or which may be specifically designated in the Contract as forming part of the Site
16
Trang 161.2 1.2.1 1.2.2 1.2.3 1.2.4 2.1 2.2 2.3.1 Interpretation
Words importing the singular only also include the plural
and vice versa where the context requires
The headings and marginal notes in these’ Conditions of
Contract shall not be deemed to be part, thereof or be taken into consideration in the interpretation or
construction thereof or of the Contract
Approved means approval in writing including subsequent written confirmation of previous verbal approval
Words importing persons and parties shall include firms and corporations
2 ~- DUTIES AND AUTHORITIES OF ENGINEER'S REPRESENTATIVE The duties of the Engineer's Representative are to watch and supervise the Works and to test and examine any
materials to be used or workmanship employed in connection
with the Works He shall have no authority to relieve the Contractor of any of his duties or obligations under: the
Contract nor, except as expressly provided in the Conditions of Contract, to issue any order involying delay
in the completion of the Works or involving any increase in the Contract Price or in the Contract nor to make any
gariation © or in the Works
The Exgineer may, from time to time,in writing delegate to the Engineer's Representative any of the powers and authorities vested in the Engineer and shall , in such case, furnish to the Contractor a copy of all such written delegations
The written instructions or approval given by the
Engineer's Representative to the Contractor within the tems of the delegations referred to in Clause 2.2 hereof shall bind the Contractor and the Employer as though it had been given by the Engineer Provided always as
follows:
Failure of the Engineer's Representative to disapprove any
work or materials shall not prejudice the power of the
Engineer thereafter to disapprove such work or materials and to order the pulling down, removal or breaking up thereof
Trang 172.3.2
CLAUSE
CLAUSE
CLAUSE
6.1
If the Contractor shall be dissatisfied with any decision of the Engineer's Representative he shall be entitled to refer the matter to the Engineer, who shall thereupon
confim , reverse or vary such decision 3 - ASSIGNMENT
The Contractor shall not assign the Contract or any part thereof or any benefit obligation or interest therein or thereunder (otherwise ‘than by a’ charge in favour of the Contractor's bankers of any money due or to became due under the Contract) without the prior written consent of
the Employer 4 — SUB-LETTING
The Contractor shall not sub-let the whole of the Works Except where otherwise provided by the Contract, the
Contractor shall not sub-let any part of Works without the prior written consent of the Engineer (which
shall not be unreasonably withheld) and such consent, if
given, shall not relieve the Contractor fran any liabi-
lity or obligation under the Contract-and the Contractor
shall remain responsible for the acts defaults or neglects of any Sub-Contractor, his agents, servants or
workmen as fully as if they were the acts defaults or neglects ef the Contractor his agents, servants or work- men
5 — EXTENT OF CONTRACT®
The Contract comprises all the Works (except as otherwise expressly stated) and shall include the provision of all labour, materials, Constructional Equipment and
everything whether of a temporary or permanent nature
required in or for the Works 6 — CONTRACT DOCUMENTS
The ruling language according to which the Contract is to be interpreted and construed shall be the Arabic language, except for matters relating te Specification, Drawings and other technical documents where in case of conflict the Englisi language shall prevail
18
Trang 186.2 6.3 CLAUSE 741 7.2 7.3 7.4 7.5
The provisions of the Conditions of Contract (Parts I and II) shall prevail over those of any other document
forming part of the Contract unless otherwise stipulated
in the Form of Contract
In the event of ambiguity or discrepancy between the Drawings and the Specification or the Priced Bill of
Quantities or between any combination thereof, the matter
shall be referred to the Engineer for his epintca and decision and such decision shall be binding under the Conditions of Contract Provided that if in consequence of compliance with such decision of the Engineer the Contractor shall incur additional costs which could
not have been anticipated by an experienced contractor
the Employer shall reimburse the Contractor a reasonable compensation to cover such costs
7 — DRAWINGS
The Drawings shall remain in the custody of the Engineer, but two copies thereof shall be furnished to the
Contractor free of charge The Contractor shall obtain
and make at his own expense any further copies required by him At the completion of the Contract the Contractor shall return to the Engineer all such Drawings
The Contractor shall provide detailed workshop drawings to the Engineer for approval and as required under the
Contract
The Contractor shall give written notice to the Engineer
or the Engineer's Representative of any further Drawings
or Specification which may be required for the execution
of the Works or for any other purpose under the Contract
The Contractor shall keep one copy of the Drawings on the
Site, and the same shall, at all reasonable times, be available for inspection and use by the Rngineer or the
Engineer's Representative or any other person authorised by the Engineer in writing
The Contractor shall furnish to the Employer prior to the issuance of the Taking-Over Certificate a reproducible copy of As-Built Drawings of the Permanent Works as actually executed,together with operating and maintenance manuals as required under the Contract
Trang 197.6 CLAUSE CLAUSE 9.1 9.2 10,1 10.2
The Engineer shall have full power and authority to
supply to the Contractor from time to time, during the progress of the Works, such further drawings and instruc-
tions as shall be necessary for the proper and adequate
execution and maintenance of the Works and the Contractor
shall carry out and be bound by such drawings and instructions
8 — SAFETY OF SITE OPERATIONS
The Contractor shall take full responsibility for the adequacy, stability and safety of all Site operations and
methods of construction employed by him in the execution
of the Works
9 — FORM OF CONTRACT AND EFFECTIVE DATE OF CONTRACT
The Contractor shall after notification in writing of the
acceptance of his Tender, enter into and execute the Form of Contract Agreement
The Contract shall be deemed to have become effective on the date of notification of the Contractor of its award
or on the date of its signature by both parties on the
Form of Contract, whichever is earlier, unless otherwise stipulated in the Form of Contract
10 ~ PERFORMANCE BOND
The Contractor shall undertake to furnish a guarantee in the form of an unconditional performance bond issued by 4 bank in Iraq in the sum stated in Part II of the Conditions of Contract and in the same currency of payment under the Contract for the due and proper performance of the Contract However, for the local currency portion, the performance bond may be substituted by Beaner Bonds issued by the Government of Iraq
The performance bond shall remain valid and shall not be
released unless the Final Acceptance Certificate shall
have been issued and the Contractor shall have fulfilled
all his obligations under the Contract but such relaese shall not be withheld for purposes other than those for
Trang 20CLAUSE
CLAUSE
12.1
12.2
11 - INSPECTION OF SITE
The Contractor shall be deemed” to have inspected and exa-
mined the Site and to have satisfied himself before sub- mitting his Tender as to the form and nature of the Site
and jts surroundings, the means of access, the accom- modation he may require, the quantities and nature of the work and materials necessary for execution of the Works and to have obtained all necessary information as to risks, contingencies and other circumstances’ which may
influence or affect his Tender
12 - ADVERSE PHYSICAL CONDITIONS AND ARTIFICIAL OBSTRUCTIONS
The Contractor shall be deemed to have satisfied himself
before tendering as to the correctness—and sufficiency of his Tender for the Works and of the rates and prices
stated in the Priced Bill cf Quantities and the Schedule of Rates and Prices (if any), which rates and prices
shall, except insofar as it is otherwise provided in the Contract, cover all his obligations under the
Contract and all matters and things necessary for the proper execution and maintenance of the Works If
however, during the execution of the Works, the
Contractor shall encounter physical conditions (other than weather conditions) or artificial obstructions which conditions or obstructions could not have been reasonably
foreseen by an experienced contractor, the Contractor shall forthwith give written notice thereof to the
Engineer and if in the opinion of the Engineer such physical conditions or artificial obstructions could
not have been reasonably foreseen by an experienced contractor, then the Engineer shall certify and the
Employer shall pay the reasonable additional costs to which the Contractor shall have been put by reason of such conditions or obstructions including the proper and
reasonable cost:
- of complying with any instruction which the Engineer
may issue to the Contractor in connection therewith,and - of any proper and reasonable measures approved by the Engineer which the Contractor may take in the absence
of specific instructions from the Engineer
The provisions of sub-clause 1 of this Clause shall apply
to the Site of the Permanent Works only
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14.1
14.2
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13 — WORK TO BE TO SATISFACTION OF ENGINEER
The Contractor shall execute and maintain the Works in strict accordance with the Contract to the satisfaction of the Engineer and shall comply with and adhere strictly to the Engineer's instructions and directions on any
matter touching or concerning the Works The Contractor shall take instructions and directions only from the
Engineer or (subject to the limitations referted to in Clause 2 hereof) from the Engineer's Representative
14 - PROGRAMME TO BE FURNISHED
The Contractor shall submit to the Engineer for his approval, within the period specified in Part Il of the Conditions of Contract, a programme showing the order of
procedure and method in which he proposes to carry out
the Works and shall whenever required by the Engineer or
Engineer's ,Representative furnish in writing for his
information particulars of the Contractor's arrangements
for the carrying out of the Works and oft the Constructional Equipment which the Contractor intends to supply, use or construct as the case may be, The sup
mission to and approval by the Engineer of such programme
or the furnishing of such particulars shall not relieve the Contractor of any of his duties or responsibilities under the Contract
After Approval by the Engineer of the programme of work submitted, the Contractor shall adhere to the order of procedure and method stated therein unless he obtains the written permission of the Engineer to vary such order or method,
15 — CONTRACTOR'S SUPERINTENDENCE
The Contractor shall give and provide all necessary superintendence during the execution of the Works and as
long thereafter as the Engineer may consider necessary
for the proper fulfilling of the Contractor's obligations under the Contract The Contractor or a competent and authorised agent or representative approved of in writing by the Engineer (which approval may at any time be withdrawn) is to be constantly on the Works and shall give his whole time to the superintendence of the same I£ such approval shall be withdrawn by the Engineer the Contractor shall as soon as is practicable after receiving written notice of such withdrawal remove the agent or representative from the Site and shall not
22
Trang 22CLAUSE 16.1
16.2
16.3
thereafter employ him again on the Site in any capacity and shall replace him by another agent or representative
approved by the Engineer Such authorised agent or reperesentative shall receive on behalf of the Contractor directions and instructions from the Engineer or (subject to the limitations of Clause 2 hereof) the Engineer's Representative, and such directions and instructions shall be deemed to have been givén to the Contractor
16 - GENERAL OBLIGATIONS
Use of Local Materials
The Contractor shall use in connection with the Works
such materials or equipment as are naturally existing or manufactured in Iraq provided that such materials or
equipment conform to the Specification and the delivery
period conforms to the programme of work submitted as per Clause 14 hereof; the Engineer shall decide whether the specification or the delivery period of such materials or
equipment conforms to the requirements of the Specification or the said programme, but if the Engineer shall certify in writing that the said materials or equipment either:
- do not conform to the Specification, or
= that the delivery period does not conform to the said programme
then and in any such case the Contractor shall be allowed
the importation of such materials or equipment into Iraq Temporary Importation
The Contractor (if non-Iragi) shall be allowed temporary importation of Constructional Equipment and Temporary Works into Iraq provided that such Equipment and Works are necessary for the execution and maintenance of the Works and as approved by the relevant Iraqi Authorities
and certified by the Engineer In the event of approval
and certification as aforesaid the Contractor shall not re-export, sell, rent, barter or otherwise use or dispose of any of the said Equipment or Works, as well as any surplus articles, goods, materials and equipment imported for use in the Works without the prior written approval of the Engineer and after payment, where applicable, of
the relevant import and custom duties
Marine Transportation
The Contractor shall as far as possible utilize the ser- vices of the Iragi State Establishment for Water
Transportation and, in the event of utilising other shipping lines, shall ensure that transportation of the
Plant or portions thereof to Iraq by sea shall be under the following conditions applying to the yessels used for
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16.5
16.6
16.7
- such vessel shall not be more than (15) years old, and
- such vessel shall not be the only one owned by its
owners or shipping company, and
- the owners or shipping company employing such vessel shall have regular voyages and routes, and
- such vessel shall carry a sea - worthiness certificate satisfactory to the National Insurance Company in Iraq The Contractor shall be fully responsible for any loss of or damage to the Plant as a result of noncompliance with the Contractor's obligations under this Clause
Air Transportation
The Contractor shall as far as possible utilise the ser- vices of Iraqi Airways’ for the transport of all cargo and
personnel under this Contract to the extent of the routes and services provided by Iraqi Airways In the event
that Iraqi Airways shall be unable to provide any such
services then the Contractor shall to the extent possible
use Iraqi Airways as an intermediary in booking reser- vations and other services with other airlines
Inland Transportation
The Contractor shall as far as possible utilize the ser-
vices of the Iraqi State Establishment for Goods Transportation
Explosives
In the event that the use of explosive materials shall be
required for the execution of the Works, the Contractor shall be responsible for the supply , transportation , storage, custody and use thereof in accordance with the
Laws Rules and Regulations in force and to the Engineer's Approval provided further that such materials shall be kept a reasonable distance away from the Permanent Works Utilities
The Contractor may at his own cost, make use of public utilities such as electricity, water, telephone and telex etc.-as may be available on or near the Site from the public networks, subject to the approval of Public Authority concerned, for the purposes of the Works and
shall, at his own expense, provide any extensions and apparatus necessary for such use and shall conform to all
requirements and regulations of the Public Authorities covering such use; however should it not be possible for
Trang 24» 16.8 16.8.1 16.8.2 16.8.3 16.8.4 16.9 CLAUSE
the Contractor to make use of such utilities as afore- said, then the Contractor shall at his own cost make such alternative arrangements as shall be approved by the
Engineer for the provision of such utilities Other Obligations
The Contractor shall further:
supervise, inspect, expedite and control all phases of the Works including such parts as are carried out by Sub-Contractors
obtain in connection with the Works all necessary
authorizations, permits and licences, and carry out
customs clearance in Iraq
dispose of all surplus material, equipment and tools on
completion of the field work, after obtaining the
Employer's prior written approval and pay to the relevant Iraqi Government authorities the appropriate import duties, commissions and the like in case of disposal of same in Iraq
abide by all Rules and Regulations of the Department of Environmental Protection and Pollution Control throughout
the execution of the Works
Obligations at Cost of Contractor
All costs and charges that may be incurred by the Contractor under this Clause 16 shall be borne by the Contractor and be deemed to be included in and covered by the Contract Price
17 - SETTING-OUT
The Contractor shall be responsible for the true and proper setting-out of the works on the Site in relation to original points lines and levels of reference given by
the Engineer in writing and for the correctness (subject
as above mentioned) of the position, levels, dimensions
and alignment of all parts of the Works and for the pro- vision of all necessary instruments appliances and labour
in connection therewith If at any time during the progress of the Works any error shall appear or arise in the position, levels, dimensions or alignment of any part o£ the Works, the Contractor on being required so to do by the Engineer or Engineer's Representative shall at his own cost rectify such error to the satisfaction of the
Engineer or Engineer's Representative, unless such error shall have been based on incorrect data supplied in
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CLAUSE
20.1 20.1.1
in which case the expense of rectifying the same shall be borne by the Bnployer The checking of any setting-out
or of any line or level by the Engineer on Site shall not in any way relieve the Contractor of his responsibility
for the correctness thereof:and the Contractor shall
carefully protect and preserve all bench-marks, site- rails, pegs and other tiings used in setting out the
Works on the Site
18 - BOREHOLES AND EXPLORATORY EXCAVATION
Tf at any time during the execution of the Works the Engineer shall require the Contractor to make boreholes or to carry out exploratory excavation, such requirement
shall be ordered in writing and shall be deemed to be an
addition ordered under the provisions of Clause 52 hereof, Such boreholes and excavation shall be at the cost of the Employer unless otherwise provided for in the Contract
19 — WATCHING AND LIGHTING
The Contractor shall, in connection with the Works and up
to the date of issue of the Taking-Over Certificate pur-
suant to Clause 49 hereof, provide and maintain at his
own cost all lights, guards, fencing and watching when and where necessary or required by the Engineer or
Engineer's Representative or by any duly constituted
authority, for the protection of the Works, or for the
safety and convenience of the public or others
20 — CARE OF WORKS AND EXCEPTED RISKS
Care of Works
Fran the commencement of the Works up to the date of issuance of the Taking-Over Certificate in accordance
with Clause 49 hereof, the Contractor shall take full responsibility for the care of the Works and of all the
Constructional Equipment and in case any damage, loss or injury shall happen to the Works or to any part thereof or to any Constructional Equipment from any cause what- soever (save and except the excepted risks as defined
in sub-clause (2) of this Clause ) the Contractor shall
at his own cost repair and make good the same so that at
Taking-Over the Works shall be in good order and con- dition and in conformity in every respect with the requirements of the Contract and the Engineer's
Trang 2620.1.2 20.2 20.2.1 20.2.2 20.2.3 20.2.4 20.2.5 CLAUSE 21.1
instructions In the event of any such damage loss or
injury happening from any of the excepted risks, the
Contractor shall, if and to the extent required by the
Engineer, and subject always to the provisions of Clause 68 hereof, repair and make good no same as atoresaid at the cost of the Bnployer
The Contractor shall also be liable for any damage loss or injury to the Works occasioned in the course of any operation carried out by him for the purpose of
completing any outstanding work or complying with his
obligations under Clauses 50 and 51 hereof
Excepted Risks
The excepted risks are the following within the boun-
daries of the Republic of Iraq:
War hostilities(whether war be declared or not) invasion, act of foreign enemies, rebellion, revolution, insurrec-
tion, civil war or usurped power
Riot, commotion or disorder, otherwise than among the Contractor's or Sub-Contractor's own employees
Atomic power risks and nuclear radiations
Use or occupation by the Employer of-any section of the
Permanent Works in respect of which a Taking-Over Certificate has been issued
Solely the Engineer's design of the Works, pursuant to the provisions of these conditions,
21- INSURANCE OF WORKS, ETC
Without limiting his obligations and responsibilities
under Clause 20 hereof, the Contractor shall insure the following in the joint names of the Employer and the Contractor against all loss or damage from whatever cause arising (other than the excepted risks) for which
he is responsible under the terms of the Contract and in
such manner that the Bmployer and the Contractor are
covered throughout the Time for Completion of the Works
and up to the date of issuance of the Taking-Over
Certificate, and are also covered during the Period of
Maintenance for loss or damage arising from a cause occurring prior to the commencement of the Period of
Maintenance, and for any loss or damage occasioned by the
Contractor in’ the course of any operations carried out by him for the purpose of complying with his ob’igations under Clauses 50 and 51 hereof:
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21.1.2 21.2
The Works to the full value thereof
The Constructional Equipment and other things brought on to the Site by the Contractor to the full value thereof The Contractor shall insure in the joint names of the
Employer and the Contractor against transportation risks (Marine Insurance) the materials and equipment to
be incorporated in the Works from their place of origin up to their arrival on Site by an All Risk Insurance Policy including risks of war, strike, riot and civil commotion
The insurances referred to in Clauses 21.1 and 21.2 hereof shall be effected with the National Insurance Company in Iraq in terms approved by the Employer, and
the Contractor shall produce to the Engineer of the
Engineer's Representative the policy or policies of
insurance and the receipts for payment of the current
premiums
CLAUSE 22 - DAMAGE TO PERSONS AND PROPERTY
22.1 22.2 22.3
22.4
The Contractor shall (except if and so far as the Contract provides otherwise) indemnify and keep inde-
mnified the Employer against all losses in respect of
injuries or damage to any person or any property what—
soever which may arise out of or in consequence of the execution and maintenance of the Works, and against all claims ,demands , proceedings ,damages,costs,charges and expenses whatsoever in respect thereof or in relation thereto except for damage to surtace of land or other damages to lands or crops on Site as suffered by cccu- piers or tenants of such lands Provided further that
nothing herein contained shall be deemed to render the Contractor liable for or in respect of or to indemnify the Employer against any compensation or damages for or
with respect to:
The permanent use or occupation of land by the Works or any part thereof or damage to surface of land or crops
as aforesaid
The right of the Employer to execute the Works or any
part thereof on , over, under , in or through any land
Interference, whether temporary or permanent, with any
right of light,air, way or water or other easement which is the unavoidable result of the execution of the Works in accordance with the Contract
Injuries or damage to persons or property resulting from any act or neglect, occurring or committed during the currency of the Contract, of the Employer,his agents, servants or other contractors (not being employed by the
28
J)
Trang 28CLAUSE 23.1 23.1.1 23.1.2 23.1.3 23.2 CLAUSE
Contractor) or for or in respect of any claims,demands,
proceedings ,damages ,costs,charges and expenses in respect thereof or in relation thereto
Provided further that for the -purposes of this Clause 22.4 the expression "the Site" shall be deemed to be limited to the area defined in the Contract and shown on
the Drawings in which land and crops will be disturbed or
damaged as an inevitable consequence of the execution of the Works,
The Employer will indemnify the Contractor from and
against all claims,demands,proceedings,damages,costs,
charges and expenses in respect of the matters referred
to in sub-clauses 1,2,3 and 4 of this Clause 22.4
23 - THIRD PARTY INSURANCE Third Party Insurance
Before commencing the execution of the Works the Contractor (but without limiting his obligations and responsibilites under Clause 22 hereof ) shall insure
against the following from any damage,loss or injury
which may occur by or aS a consequence of the execution of the Works or in the carrying out of the Contract
otherwise than due to the matters referred to in Clauses 22.1 , 22.2 and 22.3 hereof:
Third Party Liability
Property of the Employer excluding the Works but including parts of the Works taken over by the Employer under the Contract
Employees of the Bnployer
Minimum Amount of Third Party Insurance
Such insurance shall be effected with the National Insurance Company in Iraq in terms approved by the Employer and for at least the amount stated in Part II of the Conditions of Contract, and the Contractor siall produce to the Engineer or the Engineer's Representative the policy or policies of insurance and the receipts for payment of the current permiums
24 - ACCIDENT OR INJURY TO WORKMEN
The Employer shall not be liable for or in respect of
any damages or compefsation payable at Law in respect or
Trang 29CLAUSE 25.1 25.2 25.3 25.4 25.5
or other person in the employment of the Contractor or any Sub- Contractor, save and except an accident or
injury resulting from any act or default of the Employer, his agents or servants,and the Contractor shall indemnify and keep indemnified the Employer against all such damages and compensation and against all claims,demands, proceedings,costs,charges and: expenses whatsoever in respect thereof or in relation thereto, all that without prejudice to the obligations stated in the Laws
in force
25 ~ CONTRACTOR'S FAILURE TO INSURE
If the Contractor shall fail to effect and keep in force the insurances referred to in Clauses 21 and 23 hereof or any other insurance which he may be required to effect under the terms of the Contract, then and in any
such case the Employer may effect and keep in force any such insurance and pay such premium or premiums as may be necessary for that purpose and deduct the amount so paid by the Fmployer as aforesaid together with overhead
charges from any monies due or which may become due to the Contractor or recover the same as a debt due from the Contractor
If the Contractor shall be unable to effect a comprehen-
sive insurance cover against the risks which are required to be insured under the terms of the Contract, then he shall endeavour to obtain the best insurance cover available and should such cover be wider than that obta- inable from the National Insurance Company in Irag then the Contractor shall nevertheless effect such cover by, or through the National Insurance Company in Iraq, after obtaining the Employer's written consent
The Contractor's fulfilment of the insurance Clauses or the incomplete coverage by the insurances of all risks or all sums shall not relieve the Contractor from any of his liabilities or obligations under the
Contract A
The Contractor shall notify the Employer and the National
Insurance Company in Iraq of any matter or event which,
by the terms-of the insurance policies called for under the Contract, are required to be so notified, and the Contractor shail bear responsibility for any losses,
demands, proceedings, costs, charges and expenses what-
soever arising out of or resuling from any default by the Contractor in complying with the abovementioned require—
ments
During the currency of any of the insurance policies required under the Contract, any monies received under
Trang 30CLAUSE 26.1 26.2 26.3 CLAUSE 27.1 27.2
then paid by the Employer to the Contractor in such amounts and at such times as shall be certified by the
Engineer's Representative as being fair» and reasonable in view of the progress made by the Contractor in
making good the damage or loss, so far as such damage or loss ought , in the opinion of the Engineer, to be made good for the proper conduct of the Works or the
execution and maintenance of the Works If such monies
received shall be insufficient for the purposes afore- said, the deficiency shall be borne by the Contractor 26 - TAXES AND DUTIES
The Contractor shall pay all taxes and duties (including stamp and other duties ) in relation to the Contract and which are required to be paid by any Law or any Regulation, Bye-Law or Order in force, and the Contract rates and prices shall be deemed inclusive of all such taxes and duties (save the building permit duties)
If any increase or decrease shall occur in the taxes and
duties referred to in sub-clause 1 of this Clause after
the date of award of the Contract,and during the Time for
Completion, the Contractor shall have the right to claim
the amount of increase and the Amployer shall have the right to claim or deduct the amount of decrease, and the same shall apply to any variations in Labour securities determined under Law, Regulation or Proclamation issued according to a Law
The Contractor shall bear all charges and fees howsoever
designated for services rendered to the Contractor by
Establishments of the Government of Iraq including, inter-alia, port or wharfage dues, pilotage charges, clearance charges, demurrage, loading and unloading
charges and public utilities charges
27 — COMPLIANCE WITH STATUTES REGULATIONS ETC
The Contractor by entering into Contract is deemed know-
ledgeable in all of the legal requirements and practices
of working in Iraq and in the area of location of the Works,
The Contractor shall conform in all respects with the provisions of Laws,Regulations, By-laws or Orders, as well as Regulations, Proclamations or Decisions of any local or other duly consti tuted authorities and shall keep the Employer indemnified against all
penalties and liabili ties of every kind for breach of
any such Laws, Regulations,By-Laws,Orders and others as
afore said The Contractor shall give all notices and
pay all fees required to be given or paid by any such Laws,Regulations,By-Laws,Orders and others as afore- said
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29.1
29.2
The Contractor shall, throughout the continuance of the Contract, abide by and comply in all respects with the rules and instructions issued from time to time by the
Israel Boycott Office in Iraq 28 - FOSSILS EIC
Subject to the provisions defined in the related Laws, all fossils, coins, articles of value or antiquity and structures and other remains or things of geological
or archaeological interest discovered on the Site of the Works shall,as between the Employer and the Contractor,be
deemed to be the absolute property of the Employer,and
the Contractor shall take reasonable precautions” to pre-
vent his workmen or any other persons from removing or damaging any such articles or things and shall ime- diately upon discovery thereof and before removal acquaint the Engineer's Representative of such discovery
and carry out at the expense of the Employer the Engineer's orders in respect of the same
29 - PATENT RIGHTS AND ROYALTIES
The Contractor shall save harmless and indemnify the
Employer from and against all claims and proceedings for of on account of infringement of any patent rights design trademark or name or other protected rights in respect of any Constructional Equipment, machinery, work or material used for or in connection with the Works and from and against all claims demands proceedings damages
costs charges and expenses whatsoever in respect thereof
or in relation thereto Except where otherwise specified
the Contractor shall pay all tonnage, royalties, rent and
other payments or campensation (if any) for getting stone sand gravel clay or other materials required for the Works
The Contractor and the Employer bind themselves to keep secret and shall not disclose to any third party any information relating to the Contract and to the Works The Contractor, Sub-Contractors and suppliers of materials and equipment and any other body that may be involved in the execution of the Works shall not publish or distribute articles,films, photographs or make speeches or supply any information concerning the Works or the installations located near the Site unless so approved in writing by the Engineer and subject to such conditions as the Engineer may prescribe
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CLAUSE 31.1
31.2
30 - INTERFERENCE WITH TRAFFIC AND ADJOINING PROPERTIES
All operations necessary for the execution of the Works shall so far as compliance with the requirements of the Contract permits be carried on so as not to interfere
unnecessarily or improperly with the convenience of the public,or the access to , use and occupation of
public or private roads and footpaths to or of properties
whether in the possession of the Employer or of any other
person The Contractor shall save harmless and indemnify the Employer in respect of all claims demands proceedings damages costs charges and expenses whatsoever arising out of or in relation to any such matters in so far as the
Contractor is responsible therefor
31 - TRAFFIC
Conditions of Loading ‘and Unloading
The Contractor shall make his own arrangements and
enquiries with regard to the loading, unloading and transport of all Constructional Equipment, Temporary
Works and materials required for the Works and shall make
all necessary investigations as to the heaviest loads
that can be handled at ports or transported to the Site
by road, railway or river, in particular with regard to the weight-bearing capacities of all bridges and
culverts, and shall comply with all relevant regulations
in force in respect thereof
Traffic
The Contractor shall use every reasonable means to pre-
vent any of the highways or bridges communicating with or on the routes to the Site from being damaged or injured by any traffic of the Contractor or any of his
Sub- Contractors and,in particular , shall select routes,
choose and use vehicles and restrict and distribute loads
so that any moving of equipment and material from and to the Site shall be limited, as far as reasonably possible,
and so that no unnecessary damage or injury may be occasioned to such highways and bridges
Special Loads
Should it be found necessary for the Contractor to move one or more loads of Constructional Equipment, machinery
or preconstructed units or parts of units of work over a highway or bridge the moving whereof is likely to damage such highway or bridge unless special protection
or strengthening is carried out, then the Contractor
shall before moving the load on to such highway or bridge give notice to the Engineer or
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CLAUSE
Engineer's Representative of the weight and other
particulars of the load to be moved and his proposal for protecting or strengthening the said highway or bridge Unless within ( 30 ) days of receipt of such notice the Engineer shall by counter-notice direct that such protection or strengthening is unnecessary,
then the Contractor will carry out such proposals or
any modification thereof that the Engineer shall require and unless there is an item or are items in the Priced Bill of Quantities or the other Contract
Documents for pricing by the Contractor of the necessary
works for the protection or strengthening aforesaid,
the costs thereof shall be borne by the Employer,
Waterborne Traffic
Where the nature of the Works is such as to require the use by the Contractor of waterborne transport the foregoing provisions of this Clause shall be construed as though "highway" included a lock, dock, sea wall or other structure related to a waterway and "vehicle"
included craft, and shall have effect accordingly 32 - OPPORTUNITIES FOR OTHER CONTRACTORS
The Contractor shall in accordance with the requirements of the Engineer, afford all reasonable opportunities for carrying out their work to any other contractors employed by the Employer and their workmen and to the workmen of the Employer and of any other duly constituted authori-
ties who may be employed in the execution on or near the Site of any work not included in the Contract or of any
contract which the Employer may enter into in connection
with or ancillary to the Works If however the Contractor shall, on the written request of the Engineer,
make available to any such other contractor or to the Employer or any such authority any roads or ways for the
maintenance of which the Contractor is responsible , or
permit the use by any such of the Contractor's scaf- folding or other equipment on the Site,or provide any other service of whatsoever nature for any such, the Employer shall pay to the Contractor in respect of such use or service such sum as shall,in the opinion of the Engineer, be reasonable
Trang 34CLAUSE CLAUSE 34.1 34.2 CLAUSE 35.1 35.1.1 35.1.2 35.2
33 -— SUPPLY OF EQUIPMENT MATERIALS AND LABOUR
Except where otherwise stipulated, the Contractor shall at his own cost provide and maintain all the Construct- tional Equipment, Temporary works, materials, machinery
and instruments for the Works as well as labour and transport to or from the Site and in and about the Works
and other things of every kind required for the execution
and maintenance of the Works 34 — CLEARANCE OF SITE
During the progress of the Works the Contractor shall continuously keep the Site clean and shall store or
dispose of Constructional Equipment and surplus materials and clear away and remove from the Site all unnecessary
obstructions, rubbish, wreckage or Temporary Works when
no longer required, and as approved by the Engineer On completion of the Works the Contractor shall clear away and remove from the Site all Constructional Equipment, surplus materials, rubbish and Temporary
Works of every kind and leave the whole of the Site
and the Permanent Works clean and in a workmanlike condition to the satisfaction of the Engineer
35 - CONTRACTOR's EMPLOYEES
Provision of Employees
Except as may otherwise be agreed, the Contractor shall
provide and employ on the Site in conncection with the execution and maintenance of the Works:
only such engineers,technical assistants, foremen and
leading hands as are skilled and experienced in their respective callings and as are competent to give proper supervision to the work they are required to supervise,
and
such skilled, semi-skilled and unskilled labour as is
necessary for the proper and timely execution and main-
tenance of the Works
Right of Engineer to Object
The Engineer shall be at liberty to object to and require
the Contractor to remove forthwith from the Works any person who, in the opinion of the Engineer, misconducts himself or is incompetent or negligent in the proper per~ formance of his duties and such person shall not be again
Trang 3535.3 35.4 35.5 35.6 35.661 35.6.2
employed upon the Works without the written permission of
the Engineer Any person so removed from the Works shall
be replaced as soon as possible by a competent substi-
tute
Additional Measures
Whenever in the opinion of the Engineer the Works are not being performed up to the required standard, measures to improve the work including employment of additional pro- perly qualified supervisory staff shall be taken by the Contractor, to the satisfaction of the Engineer, at the Contractor's expense
Wage Books Etc
The Contractor shall, in connection with his work in Iraq, keep proper wage books and time sheets and other proper books of account and shall, at the request of the
Engineer produce for the Engineer's inspection the above- mentioned documents showing the wages paid and, as far as
practicable, the hours worked by the Contractor's
employees
Returns of Labour
The Contractor shall deliver each month to the Engineer a return in detail, as the Engineer may prescribe,showing the supervisory staff and the number of the several
classes of labour from time to time employed by the
Contractor including his Sub-Contractors on the Site, Other Respects of Bnployment
The provisions of Labour and Social Security Laws shall be observed in all respects related to workers par-
ticularly the following: Engagement of Labour
The Contractor shall make his own arrangements for the
engagement of all labour, local or otherwise, necessary
for the execution of the Works, including the provision
and maintenance of all necessary and suitable transpor-
tation, accommodation, offices, canteen and sanitary
facilities Water Supply
The Contractor shall so far as is reasonably practicable, having regard to local conditions, provide on the Site to the satisfaction of the Engineer's Representative an ade- quate supply of drinking and other water for the use of
the Contractor's staff and workpeople
Trang 3635.6.3 35.6.4 35.6.5 35.6.6 35.6.7 35.6.8 Proper behaviour
The Contractor ‘shall be responsible for the proper beha~ viour of all his employees and labourers and others on the Site and shall at all times during the progress of the Works take all requisite precautions and use his best endeavours to prevent any riotous or unlawful behaviour by or amongst his employees, labourers and others
employed on or in connection with the Works and for the
preservation of peace, protection of inhabitants and the
security of property and proprietors on or in the neigh- bourhood of the Site, but the Contractor shall not be entitled to institute his own police force nor shall he
interfere with the official police, who shall have free and undisputed access at all times to any part of the
Site in the execution of their duties Alcoholic Liquor or Drugs
The Contractor shall not (otherwise than in accordance
with the Statutes, Ordinances , Regulations and Orders
for the time being in force) import, sell, give , barter
or otherwise dispose of any alcoholic liquor or drugs or permit or suffer any such importation, sale, gift, barter or disposal by his Sub-Contractors, agents or
employees
Ams and Ammunition
Subject to the provisons of the Laws in force, the Contractor shall not give, barter or otherwise dispose of
to any person or persons, any arms Or ammunition of any
kind or permit or suffer the same as aforesaid
Festivals and Religious Customs
The Contractor shall in all dealings with labour in his
employment have due regard to all recognised festivals,
days of rest and religious customs
Epidemics
In the event of any outbreak of illness of an epidemic
nature, the Contractor shall comply with and carry out such regulations, orders and requirements as may be made
by the Iraqi Government and the local medical or sanitary
authorities for the purpose of dealing with and over- coming the same,
Observance of laws and Regulations by Sub-Contractors The Contractor shalI be responsible for observance by his
Trang 3736.1 36.1.1 36.1.2 36.1.3 36.1.4 36.2 CLAUSE 37.1 37.2
The Contractor shall furnish the Engineer's Representa- tive with the following:
A detailed schedule in the form and contents designated by the Engineer showing the number of supervisors upon
the Works, and the numbers and types of the different workers and employees of the Contractor from time to
time,
Such data in respect of Constructional Equipment as the
Engineer's Representative shall require
Contractor's needs for constructional materials, fuels and other materials produced by the Iragi Public Sector Establishments and needed for the execution of the Works,
a suitable period in advance of the Contractor's need for
same in accordance with the Programme referred to in
Clause 14 hereof
Periodical reports containing information and records
related to the execution and progress of the Works and
any other information as the Engineer's Representative
shall require
The Contractor shall furnish the Central Statistical Diyanisaiion WAR the seceasexy statistical dara in
accordance with the Statistics Law 37 - TESTS
Quality of Materials and Workmanship and Tests
All materials and workmanship shall be of the respective
kinds described in the Contract and in accordance with the Engineer's instructions and shall be subjected fron time to time to such tests as the Engineer may
direct at the place of manufacture or fabrication or on the Site or at such other places as may be specified in the Contract, or at all or any of such places The
Contractor shall provide such assistance, instruments,
machines, labour and materials as are normally required
for examining, measuring and testing any work and the quality , weight or quantity of any materials used and shall supply samples of materials before incorporation
in the Works for testing as may be selected and required by the Engineer
Cost of Samples
All samples shall be supplied by the Contractor at his own cost unless stiputated otherwise in the Contract
Trang 3837.3 37.4 37.4.1 37.4.2 CLAUSE 38.1 38.2 Cost of Tests
The cost of making any test shall be borne by the
Contractor if such test is clearly intended by or provided for in the Contract Documents and , in the
cases only of a test under load or of a test to ascerta~
in whether the design of any finished or partially finished Work is appropriate for the purposes which it
was intended to fulfil , is particularised in the
Contract Documents in sufficient detail to enable the
Contractor to price or allow for the same in his ‘tender
Cost of Tests not provided for etc
The Contractor shall bear the cost of any test if the test shows that the workmanship or materials not to be in accordance with the provisions of the Contract or
the Engineer's instructions in the following cases:
If the test is not provided for in the Contract Documents
or not particularised as set out in sub-clause 3 of this Clause, or
If the test is provided for in the Contract Documents
but the Engineer orders it to be carried out by an
independent person at any place other than the Site or the place of manufacture or fabrication of the
materials tested
However, the Employer shall bear the cost of such tests
if they show that the workmanship or materials to be in
accordance with the Contract or the Engineer's instruc-
tions
38 - ACCESS TO SITE AND MATERIALS RESOURCES
The Engineer and any person authorised by him shall at all times have access to the Site and to the Works and
to all workshops and places where work is being prepared or from where materials, manufactured articles or machinery are being obtained for the Works and shall have the right to inspect the same, and the Contractor shall afford every facility for and every assistance in or in
obtaining the right to such access and inspection
In the execution of the Works, no persons other than the
Contractor, Sub-Contractors and his and their employees shall be allowed on the Site except by the written per-
mission of the Engineer
Trang 39CLAUSE 39.1 39.2 CLAUSE 40.1 40.1.1 40.1.2
39 - UNCOVERING AND EXAMINATION OF WORKS
Examination of Works before Covering Up
No work shall be covered up or put out of view without the approval of the Engineer oer the Engineer's Represen- tative and the Contractor shall afford full oportunity
for the Engineer's Representative to examine and measure
any work which is about to be covered up or put out of view and to examine foundations before permanent work is placed thereon The Contractor shall give due notice in writing to the Engineer's Represent ative whenever any such work or foundations is or are ready or about to be
ready for examination and the Engineer's Representative
shall, without unreasonable delay, unless he considers it
unnecessary and advises the Contractor in writing accor- dingly, attend for the purpose of examining and measuring such work or foundations
Uncovering and Making Openings
The Contractor shall uncover any part or parts of the
Permanent Works or make openings in or through the same as the Engineer may fran time to time direct and shall reinstate and make good such part or parts to the
satisfaction of the Engineer If any such part or parts have been covered up or put out of view after compliance
with the requirements of sub-clause 1 of this Clause are found to be executed in accordance with the Contract the expenses of uncovering, making openings in or through , reinstating and making good the same shall be borne by the Employer, but in any other case all costs shall be borne by the Contractor
40 - REJECTION
Removal of Improper Works and Materials
The Engineer shall during the progress of the Works have
power to order in writing fram time to time:
The removal from the Site within such time or times as may be specified in the order, of any materials which
in the opinion of the Engineer, are not in accordance with the Contract and the substitution of proper and
suitable materials
The removal and proper re-execution (notwithstanding any previous test thereof or interim payment therefor) of any work which in respect of materials or workmanship is not,
in the opinion of the Engineer, in accordance with the
Contract
Trang 4040.2
40.3
CLAUSE 41.1
Right of Engineer to Suspend Work
Should it appear to the Engineer that any work in
progress is being executed in a faulty manner, with
unsuitable materials, by unskilled workmen when skilled
workmen should be employed or by any means or manner not in accordance with the Contract, he may order the imme- diate suspension of such faulty work by direct order to the Contractor's supervisory staff, foremen or ganger
giving his reasons and such suspension shall continue until such time as the Contractor shall adopt remedial measures to the satisfaction of the Engineer Any such
order to suspend work shall be complied with immediately and the Contractor shall not be entitled to any extra payment, compensation or extension of the Time for
Completion on account of such suspension
Default of Contractor in Compliance with Orders to Remove Improper Works and Materials:
In case of default on the part of the Contractor in
carrying out the orders to remove improper works and
materials,the Employer shall be entitled to carry out the
same at the cost of the Contractor and to recover all
expenses consequent thereon from any monies due to the
Contractor or to claim the said expenses as debt due from the Contractor Provided that nothing contained in this
Clause shall affect any claim by the Employer under
Clause 48 hereof
41 — SUSPENSION OF WORK Suspension
The Contractor shall on the written order of the Engineer
(referred to in this Clause as a "suspension order") suspend the progress of the Works or any part thereof
for such time or times and in such manner as the Engineer may consider necessary and the Contractor shall during
such suspension properly protect and secure the work so far as is necessary in the opinion of the Engineer The direct extra cost incurred by the Contractor in
giving effect to the "suspension order" under this Clause shall be borne and paid by the Employer unless such suspension is provided for in the Contract, or necessary
for the proper execution of the Works or by reason of weather conditions affecting the safety or quality of the Works, or by reason of a default on the part of the Contractor