16a bill 1 preliminaries

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  • 8/10/2019 16a Bill 1 Preliminaries

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    BREAKDOWN OF TENDER

    BILL 1 : PRELIMINARIES

    ITEM DESCRIPTION US$

    A The Bills are to be read in conjunction with all other sectionscontained in these documents which shall be construed as beingcomplementary to one another.

    B Allow against the items or in the prices for every thing contained inthese Bills which has a monetary value. Items which are not pricedor have dashes or other like marks inserted in cash columns will bedeemed to be of no value or included elsewhere in the tender. TheContractor shall price for any other items he deems required forcompletion of the Works under "Any other items" section of theBills. Lump sums are not to be given where unit rates areapplicable.

    C The amount appearing as the Total at the end of these Bills andmarked "Total Carried to Summary of Tender" shall be transferredto the Summary of Tender. The amount appearing as the Total inthe Summary of Tender and marked "Total Carried to the Letter ofTender" shall be transferred to the Letter of Tender in US Dollarswithout rounding off.

    D In the case of discrepancies occuring between rates for identical orsimilar items in the various Bills, the rates or pro-rata rates in therespective Bills will be used for pricing variations in those Bills. In

    the case where no applicable rates are found, the lowest rate fromother Bills will be used for the same purpose.

    E The Contractor is to check that each copy of the documentation iscomplete in the number of pages and in the reproduction of eachpage.

    F No alteration by the Contractor is to be made to the TenderDocuments unless authorised in writing by the Engineer. Anyunauthorised alteration made will be ignored and the original textadhered to.

    G The Contractor's prices and extensions are to be entered in inkthat can be clearly reproduced on a copier.

    Total Carried to Summary of Bill 1

    Unigen Factory B1/1

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    ITEM DESCRIPTION US$

    DESCRIPTION OF THE WORKSA The Scope of Works includes the construction of a 2 storey factory

    building with pilings, foundations, superstructures, ancillarystructures, external works and Mechanical & Electrical services

    and as shown in the drawings and as mentioned in theSpecifications and other Contract Documents and generallycomprise but not limited to the following:

    a. Civil, Structural and Infrastructural Works such as reinforcedconcrete piles, reinforced concrete substructure, reinforcedconcrete superstructure of columns, beams, slab, reinforcedconcrete roof, structural steel roof structure and metal covering,structural steel columns and beams, site preparatory works, settingout and other external works and services, including siteclearance, site formation earthworks, clearing obstructions,construction of drains and storm water drains, roads and kerbs,turfing, monitoring and and instrumentation and all else as stated inthe drawings, specifications and conditions of contract.

    b. Architectural Works such as including external and internalwalls, floor, wall and ceiling finishes, windows and doors, canopies,roofs and rainwater systems, toilets, sanitary fittings, sanitary,plumbing water supply system, staircases, external aprons,fencing, car parks and motor cycle parks, green buffer and all elseas stated in the drawings, specifications and conditions of contract.

    c. Nominated sub-contracts for Mechanical & Electrical Works

    under Prime Cost sums.

    d. Defects liability period.

    Notes:

    B Drawings showing the overall dimensions and sizes relating to theWorks are supplied with the Tender Documents.

    C The Contractor shall study the tender drawings and tenderdocuments and satisfy himself as to the full extent, character andnature of the Works.

    Total Carried to Summary of Bill 1

    Unigen Factory B1/2

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    ITEM DESCRIPTION US$

    COMPLETION

    A The Works are to be executed and completed in Employer'sFactory Site, namely

    The Contractor shall note that the whole contract works shall be

    completed and handed over to the Employer within six (6) monthsfrom the Date of Commencement of your Contract. Any loss andexpense whatsoever and howsoever incurred as a result of delayin hand over shall be borne by you.

    DIRECT CONTRACTSB Some of the Employers Direct Contractors involved on Site include

    the following works:-

    C The Direct Contractor's works will generally commence their worksduring the currency of this Contract and work concurrently with theContractor according to the time frame to be set out andincorporated in the Contractor's programme for the Works asdirected by the Engineer. The Contractor shall provide access andinclude for all necessary co-ordination with the Direct Contractorsto complete the Works in accordance with the programmerequirements of the Engineer and to provide all necessarytemporary works.

    D For the duration of your Contract, the Employers staff and directcontractors and their authorised subcontractors/suppliers shallmake use of the same access provided, utilised and maintained byyou, to gain unhindered access/egress to allow them to performtheir contractual obligations at the Site as required from them in the

    course of their respective Contracts with the Employer. You are toprovide and ensure unhindered access/egress access is extendedto the aforementioned Employers staff and their Direct Contractorsand their authorised subcontractors/suppliers. Any loss andexpenses whatsoever and howsoever caused to the EmployersDirect Contractor as a result of hindered access/egress accessshall be borne by you.

    E The Contractor shall allow for the use of shared common accessesand work areas with all Direct Contractors including but not limitedto maintaining and making good same as and when required asdirected by the Engineer.

    F The Contractor shall interface, programme and organise his workand liaise closely with all Direct Contractors and afford whateverassistance and access including but not limited to the associatedcoordination that is necessary to to ensure the satisfactory and

    timely sequencing and completion of all works on the Site.

    Total Carried to Summary of Bill 1

    Water Purification System, Air Piping Lines & Power Supply forProduction Areas, etc

    Unigen Factory B1/3

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    ITEM DESCRIPTION US$

    A The Contractor shall not damage the existing works or any workscarried out by the Direct Contractors which may have been

    installed at such time before the Works are carried out. TheContractor shall be bound by his responsibilities in protectingexisting services and the Works carried out by the directcontractors stipulated hereinbefore.

    INTERFACE WITH DIRECT CONTRACTORSB The Contractor shall liaise with the Direct Contractors who are

    carrying out their respective works (the 'Adjacent Works') and shallascertain and coordinate all interface requirements so as to ensurethat no disruption or disturbance is caused to the Adjacent Worksand to further ensure that full coordination of all such interfacerequirements is achieved including but not limited to regularinterface co-ordination meetings are required. The Contractor shall

    keep the Engineer informed of all co-ordination of the interfacearrangements and shall invite the Engineer to attend suchmeetings.

    C All resulting requirements and coordination matters of an interfacenature shall be confirmed in the form of an interface document orminutes of meeting to be agreed and signed by the Contractor andDirect Contractors a copy of which shall be given to the Engineer.

    D In the event that the Contractor fails to fulfil any of his obligationsunder this Clause and where damages and/or losses are sufferedby the Employer arising therefrom, whether in respect of delay orotherwise including but not limited to losses resulting from anyobligation to grant such extension of time, and losses andexpenses awarded and paid to the Direct Contractors due to anydelays to completion of their contracts, the Employer reserves theright to pass on such losses to the Contractor.

    SITE AND ACCESSE The site of the Works is situated at VSIP II, Binh Duong, Vietnam.

    The actual confines of the Site are shown in drawings.If theContractor wishes to erect scaffolding or otherwise make use ofadjoining land or its airspace, he shall serve notices, obtainpermissions and clear ways and make good any damage at hisown expense and pay all costs in connection therewith.

    F Allow for forming any temporary cross overs and other worksnecessary for entry to the Site, obtaining any wayleaves requiredand subsequently clearing away and making good all worksdisturbed or damaged.

    Total Carried to Summary of Bill 1

    Unigen Factory B1/4

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    ITEM DESCRIPTION US$

    A Allow for complying with traffic regulations.

    B The Contractor is advised to visit the Site and fully acquaint himselfas to the nature, extent and practicality of the Works. He shallinclude his tender for any costs in respect of availability or lack ofaccess, working space, storage accomodation, the nature of theground, the proximity of adjoining structures and roads, the localregulations regarding the obstruction of public highways and anyother limitations imposed by the Site and its surroundings.

    C After taking possession of the Site and before commencing work,the Contractor shall check the actual levels against those shownon the drawings and in the event of any discrepancy, shallimmediately notify the Engineer.

    D The Contractor shall be responsible for obtaining the necessaryconstruction licenses, permits, orders and fulfilling any otherregulation requirements for the Works. The Contractor shall not beentitled to any extension of times and/or loss and expense inrespect of delays caused by his own default in obtaining and/or theVietnam authorities delay or failure to grant such necessaryconstruction licences, permits, orders and other regulatoryrequirements.

    E Sand, stones or other building material obtained from the Site shallbecome the property of the Contractor who may, subject to writtenapproval of the Engineer, use them in the Works. Excavations arenot to be made or enlarged for the purpose of obtaining suchmaterials.

    F The Site is not to be used for any purpose other than the executionof this Contract.

    G Contractor shall submit to the Engineer his proposal access wayfor approval and construct and maintain his own accessway to theSite. Subsequently, on completion, he shall make good toEngineers approval.

    SOIL SURVEY AND WATER TABLEH A soil survey also containing information about the level of the

    water table has been carried out. The conditions revealed are to betaken as a guide only. It is to be at the risk of the Contractor if

    different conditions are actually encountered. The extract of the soilreport is either included in Appendix of these documents or can beviewed at the Engineers office.

    Total Carried to Summary of Bill 1

    Unigen Factory B1/5

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    ITEM DESCRIPTION US$

    SURROUNDING STRUCTURES AND BUILDINGS

    A The Contractor is to take note of the surrounding structures andbuildings and ensure that no damage or nuisance is caused.

    B Before commencing the Works the Contractor shall employ anapproved firm of loss adjusters to undertake a comprehensive pre-construction survey of any surrounding land, buildings, structures,services and the like which may be affected. Such a survey shouldclearly show the existing condition, a record of defects, extent ofcracks, presence of vaults and underground structures and thelocation of services.

    C Colour photographs, reports and records of the surrounding land,buildings, structures, services and the like shall be made and 4sets of 126 X 89 mm prints affixed in albums, dated and suitably

    captioned together with 4 sets of the reports and records shall besupplied to the Engineer. Where appropriate, the Contractor shallmake available copies of the photographs, reports and records toowners of the surrounding land, buildings, structures, services andthe llike.

    D Allow for providing tell-tale signs or by any other suitable approvedmeans including all instruments and equipment for the periodicalrecording and checking of cracks or other defects of thesurrounding land, buildings, structures, services and the like.

    E The Contractor shall be solely responsible for ensuring that theexecution of the Works does not impair the safety and stability of

    any surrounding structures and buildings and where necessaryallow in his tender for any shoring and strutting required. Suchshoring shall be so positioned or altered and adapted from time totime so as to maintain adequate working space for construction.

    Total Carried to Summary of Bill 1

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    ITEM DESCRIPTION US$

    INTERFERENCE FROM SQUATTERS

    A In the event that there are remnant squatters within the Site oradjacent area, the Contractor shall allow for in the Contract Pricefor all costs and expenses incurred in connection or relating topossible interference by provision of access for these squattersand maintenance of their existing services e.g. electricty, water,telephone and drainage.

    B The Contractor is responsible to ensure that the accessess of thesquatters are not affected or to provide alternative accessess as

    necessary. The contractor shall take care to avoid disrupting ordamaging the services and to carry out diversion as necessary.

    C The Contractor shall be responsible to provide the squatters withwater if his work pollutes the well or water supply of the squatters.

    D The Contractor shall carry out survey to determine existingstructure conditions and to keep photographic evidence of existingconditions before carrying out work in the area adjacent tosquatters. Copy of the photographs and negatives shall besupplied to the Engineer for record.

    E The Contractor shall be required to demolish any existingstructures and fill the areas to the proposed levels after thesquatters have vacated.

    CONDITION OF THE CONTRACT

    F The Contractor will be required to enter into a formal contract withthe Employer based on the Conditions of Contract for Constructionfor Building and Engineering Works Designed by the Employer(FIDIC 1st Edition 1999). A copy of Part II - Particular Conditions isincluded elsewhere in this document.

    Total Carried to Summary of Bill 1

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    ITEM DESCRIPTION US$

    If the Contractor considers that any of the Clauses in the

    Conditions involve expense, he shall allow hereunder the moneyvalue for complying with each of the Clauses, the Clause numbersand headings of which are listed below:

    PART I - GENERAL CONDITIONS:

    Clause

    A 1 GENERAL PROVISIONS1.1 Definitions1.2 Headings and Marginal Notes1.3 Communications1.4 Law and Language1.5 Priority of Documents

    1.6 Contract Agreement1.7 Assignment1.8 Care and Supply of Documents1.9 Delayed Drawings or Instructions1.10 Employers Use of Contractor's Documents1.11 Contractor's Use of Employer's Documents1.12 Confidential Details1.13 Compliance with Laws1.14 Joint and Several Liability

    B 2 THE EMPLOYER2.1 Right of Access to the Site2.2 Permits, Licences or Approvals

    2.3 Employer's Personnel2.4 Employer's Financial Arrangements2.5 Employer's Claims

    C 3 THE ENGINEER3.1 Engineer's Duties and Authority3.2 Delegation by the Engineer3.3 Instructions of the Engineer3.4 Replacement of the Engineer3.5 Determinations

    Total Carried to Summary of Bill 1

    Unigen Factory B1/8

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    ITEM DESCRIPTION US$

    A 4 THE CONTRACTOR

    4.1 Contractor's General Obligations4.2 Performance Security4.3 Contractor's Representative4.4 Subcontractors4.5 Assignment of Benefit of Subcontract4.6 Co-operation

    4.7 Setting Out4.8 Safety Procedures4.9 Quality Assurance4.10 Site Data4.11 Sufficiency of the Accepted Contract Amount4.12 Unforeseeable Physical Conditions

    4.13 Rights of Way and Facilities4.14 Avoidance of Interference

    4.15 Access Route4.16 Transport of Goods4.17 Contractors Equipment4.18 Protection of the Environment4.19 Electricty, Water and Gas4.20 Employer's Equipment and Free-Issue Material4.21 Progress Reports

    4.22 Security of the Site4.23 Contractor's Operations on Site4.24 Fossils

    B 5 NOMINATED SUBCONTRACTORS

    5.1 Definition of "Nominated Subcontractors"5.2 Objection to Nomination5.3 Payments to Nominated Subcontractors5.4 Evidence of Payments

    Total Carried to Summary of Bill 1

    Unigen Factory B1/9

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    ITEM DESCRIPTION US$

    A 6 STAFF AND LABOUR

    6.1 Engagement of Staff and Labour6.2 Rates of Wages and Conditions of Labour6.3 Persons in the Service of Employer6.4 Labour Laws6.5 Working Hours6.6 Facilities for Staff and Labour6.7 Health and Safety6.8 Contractor's Superintendence6.9 Contractor's Personnel6.10 Records of Contractor's Personnel and Equipment6.11 Disorderly Conduct

    B 7 PLANT, MATERIALS AND WORKMANSHIP

    7.1 Manner of Execution7.2 Samples7.3 Inspection7.4 Testing7.5 Rejection7.6 Remedial Work7.7 Ownership of Plant and Materials

    7.8 Royalties

    C 8 COMMENCEMENT, DELAYS AND SUSPENSION8.1 Commencement of Works8.2 Time for Completion

    8.3 Programme8.4 Extension of Time for Completion8.5 Delays Caused by Authorities8.6 Rate of Progress8.6 Delay Damages8.8 Suspension of Work8.9 Consequences of Suspension8.10 Payment for Plant and Materials in Event of Suspension8.11 Prolonged Suspension8.12 Resumption of Work

    Total Carried to Summary of Bill 1

    Unigen Factory B1/10

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    ITEM DESCRIPTION US$

    A 9 TESTS ON COMPLETION

    9.1 Contractor's Obligations9.2 Delayed Tests9.3 Retesting9.4 Failure to Pass Tests on Completion

    B 10 EMPLOYER'S TAKING OVER10.1 Taking Over the Works and Sections10.2 Taking Over of Parts of the Works10.3 Interference with Tests on Completion10.4 Surfaces Requiring Reinstatement

    C 11 DEFECTS LIABILITY

    11.1 Completion of Outstanding Work and Remedying Defects11.2 Cost of Remedying Defects11.3 Extension of Defects Notification Period11.4 Failure to Remedy Defects11.5 Removal of Defective Work11.6 Further tests11.7 Right of Access

    11.8 Contractor to Search11.9 Performance Certificate11.10 Unfulfilled Obligations11.11 Clearance of Site

    D 12 MEASUREMENT AND EVALUATION12.1 Works to be Measured12.2 Method of Measurement12.3 Evaluation12.4 Omissions

    Total Carried to Summary of Bill 1

    Unigen Factory B1/11

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    ITEM DESCRIPTION US$

    A 13 VARIATIONS AND ADJUSTMENTS13.1 Right to Vary13.2 Value Engineering13.3 Variation Procedure13.4 Payment in Applicable Curencies13.5 Provisional Sums13.6 Daywork13.7 Adjustments for Changes in Legislation13.8 Adjustments for Changes in Cost

    B 14 CONTRACT PRICE AND PAYMENT14.1 The Contract Price14.2 Advance Payment

    14.3 Application for Interim Payment Certificates14.4 Schedule of Payments14.5 Plant and Materials Intended for the Works14.6 Issue of Interim Payment Certificates14.7 Payment14.8 Delayed Payment14.9 Payment of Retention Money

    14.10 Statement at Completion14.11 Application for Final Payment Certificate14.12 Discharge14.13 Issue of Final Payment Certificate14.14 Cessation of Employer's Liability14.15 Currencies of Payment

    C 15 TERMINATION BY EMPLOYER15.1 Notice to Correct15.2 Termination by Employer15.3 Valuation at Date of Termination15.4 Payment after Termination15.5 Employer's Entitlement to Termination

    Total Carried to Summary of Bill 1

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    ITEM DESCRIPTION US$

    A 16 SUSPENSION AND TERMINATION BY CONTRACTOR16.1 Contractor's Entitlement to Suspend Work16.2 Termination by Contractor16.3 Cessation of Work and Removal of Contractor's Equipment16.4 Payment on Termination

    B 17 RISK AND RESPONSIBILITY17.1 Indemnities17.2 Contractor's Care of the Works17.3 Employer's Risk17.4 Consequences of Employer's Risks17.5 Intellectual and Industrial Property Rights17.6 Limitation of Liability

    C 18 INSURANCE18.1 General Requirements for Insurances

    18.2 Insurance for Works and Contractor's Equipment18.3 Insurance against Injury to Persons and Damage to Property18.4 Insurance for Contractor's Personnel

    D 19 FORCE MAJEURE19.1 Definition of Force Majeure19.2 Notice of Force Majeure19.3 Duty to Minimise Delay19.4 Consequences of Force Majeure

    19.5 Force Majeure Affecting Subcontractor19.6 Optional Termination, Payment and Release19.7 Release from Performance under the Law

    Total Carried to Summary of Bill 1

    Unigen Factory B1/13

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    ITEM DESCRIPTION US$

    A 20 CLAIMS, DISPUTES AND ARBITRATION20.1 Contractor's Claims

    20.2 Appointment of the Dispute Adjudication Board20.3 Failure to Agree Dispute Adjudication Board20.4 Obtaining Dispute Adjudication Board's Decision20.5 Amicable Settlement20.6 Arbitration20.7 Failure to Comply with Dispute Adjudication Board's Decision20.8 Expiry of Dispute Adjudication Board's Appointment

    PART II - PARTICULAR CONDITIONS

    A 1.1 Definitions1.4 Law and Language

    1.7 Assignment1.15 Ownership and Confidentiality of Documents and Data

    B 2.1 Right of Access to the Site2.2 Permits, Licences or Approvals2.4 Employers Financial Arrangement2.6 Other Contractors on Site

    C 4.1 The Contractor's General Obligations4.2 Performance Security4.7 Setting Out4.11 Sufficiency of the Accepted Contract Amount4.12 Unforeseeable Physical Conditions

    4.13 Rights of Way and Facilities4.14 Avoidance of Interference4.19 Electricity, Water and Gas

    D 6.8 Contractor's Superintendence6.12 Foreign Staff and Labour6.13 Housing for Labour6.14 Measures against Insects and Pest Nuisance6.15 Epidemics6.16 Alcoholic Liquor or Drugs6.17 Arms and Ammunition6.18 Festivals and Religious Customs6.19 Reporting of Accidents

    7.4 Testing7.5 Rejection7.8 Royalties

    Total Carried to Summary of Bill 1

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    ITEM DESCRIPTION US$

    A 8.3 Programme to be Submitted/Cashflow estimate to be

    Submitted8.7 Delay Damages

    B 11.12 Impracticable or Inconvenient to remedy the Defect11.13 Warranties against Failure of Materials, Goods andWorkmanship

    C 12.1 Variation Works to be measured12.2 Method of Measurement12.3 Evaluation

    D 13.7 Adjustment for changes in Legislation

    13.8 Adjustment for Changes in costs

    E 14.1 The Contract Price14.3 Application for Interim Payment Certificate14.9 Payment of Retention Monies14.11 Statement on Completion

    F 16.1 Contractors Entitlement to Suspend Work16.2 Termination by Contractor

    G 18 Insurance

    Total Carried to Summary of Bill 1

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    ITEM DESCRIPTION US$

    A 20.2 Appointment of the Dispute Adjudication Board

    20.3 Failure to Agree Dispute Adjudication Board20.4 Obtaining Dispute Adjudication Board's Decision20.5 Amicable Settlement20.6 Arbitration20.7 Failure to Comply with Dispute Adjudication Board's Decision20.8 Expiry of Dispute Adjudication Board's Appointment

    B 20.2 Settlement of Disputes20.3 Amicable Settlement20.4 Arbitration20.5 Failure to Comply with Engineer's Decision

    TAXES, CUSTOMS RESTRICTIONS AND DUTIESC Provide for all costs incurred in connection with customs

    restrictions, quotas, duties and taxes and related administrativeworks.

    D The Contractor shall be responsible for any local or nationalcorporate tax, company tax, and the cost of any licences necessaryfor the proper execution of the Works in the Socialist Republic ofVietnam, including (but not limited to) the VAT Tax and Profit tax asdetailed in the Vietnam Ministry of Finance Decrees and Circularsincluding but not limited to decree No 30/198/ND-CP and CircularNo 99/1998/TT-BTC and No 106/1999/TT-BTC and any

    amendments thereto from time to time, the Remittance Taxapplicable to the repatriation of profits and any local surtaxescurrently in force and any amendments thereto from time to timeand any new taxes that may be established in the SocialistRepublic of Vietnam. The Contractor shall be further responsiblefor all taxes and duties that he may be liable outside the SocialistRepublic of Vietnam arising out of carrying out the Works underthis Contract.

    Total Carried to Summary of Bill 1

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    ITEM DESCRIPTION US$

    A The Contractor's staff shall be liable for payment of Income Tax

    and other taxes in respect of their salaries, allowances or otheremoluments as are taxable under the laws from time to time inforce in the Socialist Republic of Vietnam. The Contractor shallbear all fees and charges for their employment passes and/or workpermits. The Employer shall have the right to withhold any taxes(including but not limited to the Turnover Tax and Profit Tax,Personal Income Taxes of the Contractor and his sub-contractorsand suppliers) under the current tax laws of Vietnam or as may beamended from time to time. For the avoidance of doubt, such taxesshall be deducted progressively in each progress payment out ofthe total certified value of work done after applying the retention.

    B The Contractor shall be deemed to be fully familiar with all laws,regulations and procedures relating to the import and export of

    materials, goods, equipment and the employment of non citizens ofthe Socialist Republic of Vietnam as may from time to time beimposed by the Government.

    C It is the sole responsibility and obligation of the Contractor toarrange all necessary documentation and to comply with allcustoms procedures in connection with any duty free customsclearance for the imported materials , goods and equipment. TheContractor is to give the Employer a minimum of thirty daysadvance notice of imported items to be mobilised or procured,before mobilisation or placing orders as the case may be,including their brief descriptions, approximate quantities, proof of

    utilization and disposition and shall submit to the Employer allnecessary shipping documents at least fourteen days before thearrival of the materials, goods or equipment at Vietnam. TheContractor shall also ensure that his sub-contractors and suppliers(including nominated and/or designated sub-contractors andsuppliers) carry out the same responsibilities and obligations inrelation to their works and is to coordinate everything in thisconnection so as not to cause any delay.

    D All such importations shall be shown as being consigned in thename of the Employer and shall be described as being for theexclusive use of the Employer.

    Total Carried to Summary of Bill 1

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    ITEM DESCRIPTION US$

    A The Contractor shall be deemed to have included in the Accepted

    Contract Amount all cost and time implications in connection withall the arrangement of duty free customs clearance for suchmaterials, goods and equipment and consultation with theGovernment of the Socialist Republic of Vietnam and the Employerregarding the same.

    B In the event that duty free customs are not available forwhatsoever, howsoever reasons, any and all customs duties /import duties on any/all imported materials, goods and equipment,

    such duties shall be deemed included and form part of theAccepted Contract Amount.

    C The Contractor shall be responsible for all requisite import dutiesor, where the construction plant and equipment are intended on

    completion of the project to be re-exported, deposits in respect ofconstruction plant and equipment imported for the execution of theWorks.

    D The Contractor shall be responsible for all requisite charges legallydemandable by appropriate Authorities in respect of import permitsfor materials, goods and equipment.

    E Where materials are to be imported from abroads into Vietnam, theContractor shall ensure that all necessary import licences andpermits are obtained as soon as possible after the award ofcontract and in time for the Works. Any delays or additional coststhat are incurred as a result of the failure of the Contractor to make

    timely arrangements for such licences and permits will be entirelythe responsibility of the Contractor. He shall otherwise make all

    necessary arrangement with the Vietnamese Authorities to ensurethat the completion of the Works will not be delayed for want ofnecessary Governmental approvals and support. For theavoidance of doubt, the Employer's role in respect of importedmaterials shall be limited to the signing of the necessaryapplication forms to be prepared by the Contractor and tenderingsuch other assistance in dealing with the Vietnamese Authorities.The Contractor shall be held primarily responsible for the timelyimportation of materials in order to complete the Works within theContract Period.

    Total Carried to Summary of Bill 1

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    ITEM DESCRIPTION US$

    A The Contractor shall also indemnify the Employer for any lossand/or expenses incurred by the Employer in respect of theContractor's responsibilities stated above.

    Quality Assurance

    B The Contractor shall initiate a Quality Assurance Plan (QAP) insimilar manner and form as an ISO QAP to ensure a system ofquality assurance of the Works. A comprehensive QAP shall besubmitted to the Engineer for approval within 14 days of theissuance of the Letter of Acceptance of the tender; and forimplementation as a minimum quality assurance system on Site.

    INSURANCESC The Contractor shall apply and pay for the Construction/Erection

    All Risk Insurance Policy.Contractor shall keep the insurancepolicy in full force and pay all premiums for the duration of theContract and any extension thereof. All insurance policies and

    insurer shall be subject to the approval of the Employer.

    D All insurance policies shall be in the joint names of the Employer,Superintending Officer and Contractor and have to cover for crossliabilities. Notwithstanding that the Construction Period allowed forin the Contract, the period of insurance shall be for the duration ofConstruction Period plus the Defects Liability Period and anyextended Contract period.

    E The insurance policies shall be extended to cover the employeesof the Employer, the Superintending Officer and their authorisedrepresentatives.

    F Cover for the Contract Works shall include the full replacement

    value for all Works executed or to be executed and all sitematerials and plant delivered on or adjacent to the site forincorporation therein for the Contract. The sum insured shall be thefull replacement value thereof plus 5% to cover professional feesand 5% for removal of debris.

    G The Workmen's Compensation policy shall cover all employees ofthe Contractor and all sub-contractors and Named Sub-contractorsengaged in connection with the Contract at the Site and elsewherein Vietnam whilst engaged in business connected with theContract. The policy is to be further endorsed to extend cover to allworkers upon the Site including those workers who are notstatutorily required to be insured under the Workmen'sCompensation Act or similar legislation and must be sufficient and

    adequate to meet any claim arising out of or in the course of or byreason of carry out the Works.

    Total Carried to Summary of Bill 1

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    ITEM DESCRIPTION US$

    A The minimum limit of indemnity for third party liability shall be

    US$2.0 million for any one accident, the number of accidents beingunlimited during the period of insurance.

    B Notwithstanding anything contained to the contrary in Clause 18 ofthe Conditions of Contract, the Contractor shall extend the thirdparty liability provision by an endorsement to the Construction /Erection All Risk Insurance Policy or separate Non-NegligencePolicy to cover any expense, liability, loss, claim or proceedingswhich the Employer may incur or sustain by reason of damage toany property other than the Works caused by collapse,subsidence, heave, vibration, weakening or removal of support orlowering of ground water arising out of or in the course of or byreason of the carrying out of the Works excepting damage:

    (1) Caused by the negligence, omission or default of theContractor, his servants or agents or of any sub-contractor, hisservants or agents;

    (2) Attributable to errors or omission in the designing of the Works;

    (3) Which is the responsibility of the Employer under the provisionsof the Contract;

    (4) Which is recoverable under any other policy of insuranceeffected for the benefit of the Contractor or Employer.

    (5) Arising from a nuclear risk or war risk.

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    ITEM DESCRIPTION US$

    A The Contractor shall at his own expenses, notify, prepare,

    negotiate and settle all claims with the Insurers. If the Contractorfails to promptly attend to such notification, preparation, negotiationor settlement of claims with the Insurers, the Employer shallwithout prejudice to any rights that he may have against theContractor, reserve the option to settle the same directly with theInsurers. Any settlement reached between the Employer and theInsurers shall be binding upon the Contractor.

    B Monies, if and when received from the Insurers in respect ofmaterial damage to the Works, shall be paid in the first place to theEmployer and then (less only the percentage for professional fees)released to the Contractor by installments on the Interim PaymentCertificate of the Employer, calculated as from the date of

    restoration, replacement or repair previously carried out by theContractor, but having regard also to any likely shortfall or deficit inthe money so paid, and to the Contractor's consequentialobligation in such event to reinstate an appropriate proportion ofthe loss or damage represented by such shortfall or deficit free ofcharges.

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    ITEM DESCRIPTION US$

    A Any deductibles/ excesses stated in the insurance policies is a

    matter between the Contractor and the insurance companyissueing the insurance policy/policies and should be allowed for,as required, by the Contractor in his tender price. The Contractorshall also allow for all attendance and incidental costs incurred inconnection with the arrangement and administration of all theinsurances.

    B The Contractor shall be responsible for the premiums inconnection with extending the period(s) of insurance cover in theevent that the Contractor fails to complete the Works by theCompletion date/extending Completion date fixed in accordancewith the Conditions of the Contract.

    C The Workmen's Compensation Policy is to be endorsed to include

    as jointly insured with the Contractor and the SuperintendingOfficer and Employer as Principal. The Policy shall cover allemployees of the Contractor and all sub-contractors andNominated Sub-Contractors engaged in connection with theContract at the Site and elsewhere in Vietnam whilst engaged inbusiness connected with the Contract. The policy is to be furtherendorsed to extend cover to all workers upon the Site includingthose who are not statutorily required to be insured under theWorkmen's Compensation act and must be sufficient andadequate to meet any claim arising out of or in the course of or byreason of carrying out of the Works.

    D All insurance policies, including the additional Construction/

    Erection All Risk Policy and the Workmens Compensation Policyand Contractor's Personnel taken up by the Contractor, shall bedeposited with the Employer. Evidence of the payment of theinsurance premiums in the form of stamped receipts must bepresented to the Employer, who on receipt of such evidence willinclude the amounts shown on the stamped receipts or theamounts included for insurances in the Accepted Contract Amountwhichever is lesser, in an Interim Payment Certificate. The balance, if any, up to the amounts included in the Accepted Contract

    Amount will be paid monthly installments throughout the totalcontract period.

    ENGINEERS VERBAL INSTRUCTIONS

    E Keep on site a record of all verbal orders or instructions of theEngineer and send copies to the Engineer within seven days ofthese being given.

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    ITEM DESCRIPTION US$

    BILLS

    A Methods of measurement contrary to the Standard Method ofMeasurement of building works are given in the Preamble ToWorks section of these documents or are inherent in thedescription of the items concerned.

    B Items in the Specification and Preambles To Works Section ofthese documents or are deemed to qualify and be part of everydescription of Work in the Bills to which they refer.

    C The Contractor shall include here for the cost of complying with theSpecification and the Preambles to Work section to extent thatsuch costs are not included elsewhere in the Bills.

    D The Contractor shall take note that the Bills contain no measured

    quantities and the Contractor has to ascertain from the TenderDrawings and Tender Documents the estimated quantities for theWorks and be responsible for such quantities which he has basedin his prices. The quantities given by the Contractor are forguidance only. These quantities do not form part of the Contract.The Contractor's prices in the "Lump Sum Price" column of theBills shall be on a lump sum basis and are not subject to fluctuationand measurement or recalculation except in the regard tovariations which may be ordered by the Engineer. The Contractorshall allow here for all costs in complying with the Preambles toWork Section which governs valuation of works and relatedmatters.

    E If any quantity were inserted in the Bills of Quantities by theEngineer and the quantity is stated as provisional, then thisquantity shall be subject to admeasurement and the difference incost resulting from difference between provisional and actualquantities shall be allowed as a variation in the Contract Price.

    DRAWINGS

    F The Drawings form part of the Contract are listed in Section 3,Appendix 3A.

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    ITEM DESCRIPTION US$

    A Figured or calculated dimensions shall be preferred in all cases toscaled dimensions from drawings.

    SPECIFICATION

    B Items in the Specification are deemed to amplify and be part ofevery description of work in the Bills to which they refer.

    C Allow here for the cost of complying with the specification to theextent that such costs are not included in the unit rates orelsewhere in the tender.

    TESTS

    D The cost of carrying out and arranging for all tests and submission

    of tests certificates/ reports called for in the Specification shall beborne by the Contractor.

    The Contractor shall allow here for the cost of complying with alltesting and re-testing methods, procedures and requirements tothe approval of the Engineer unless otherwise specifically stated.

    SETTING OUT AND CHECKING OF THE WORKS

    E The Contractor shall employ a professionally qualified surveyorsubject to the approval of the Engineer to set out the Works.Provide, maintain, protect and reinstate reference pegs and marksas required by the Engineer for the duration of the Contract.

    INTERIM VALUATIONS

    F At the time of every valuation of the Works, the Contractor is tosubmit to the Engineer a detailed progress payment claimstatement including details of the unfixed materials on site togetherwith all supporting invoices, receipts, vouchers in support andevidenced thereof.

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    ITEM DESCRIPTION US$

    A Only unfixed materials which are intended for permanent

    incorporation in the Works shall qualify for inclusion in interimvaluations as materials on site. Materials intended for temporaryworks such as planking and strutting and formwork shall not qualifyfor payment.

    B The Contractor shall submit to the Engineer claims for payment intimely manner but in any event no later than the designated day ofeach month (such designated day shall be agreed between theEngineer and the Contractor upon award of the Tender) together

    with any documentation which the Engineer may require tosubstantiate amounts claimed by the Contractor for payment.

    C Claims shall be presented in format similar to the Bills and shallindicate the amount of work completed in percentage terms forextrapolation into monetary values together with details of un fixedmaterials on site. The Engineer shall estimate the amount ofpayment to be recommended to the Employer and the format ofthe Contractor's claim shall be as approved by the Engineer.

    D Upon receipt of amounts paid under the Certificate of the Engineer,the Contractor shall issue to the Employer, a stamped receipt inrespect of the payment received.

    TERM OF PAYMENT

    E All payments made under the Contract shall be effected by theEmployer in Vietnam to the Contractor and are subject to the

    following deductions:

    (1) Retention at 10% of the value of work done up to a maximumlimit of retention at 10% of the Accepted Contract Amount.

    (2) Deduction of such percentages as instructed by theVietnamese Tax Authority of the value of work done for the VATTax and Profit Tax and any further deductions in respect of othertaxes applicable in Vietnam.

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    ITEM DESCRIPTION US$

    A For the avoidance of doubt, such taxes will be deducted

    progressively in each progress payment out of the total certifiedvalue of work done after applying the 10% retention.

    PAYMENT OF PRELIMINARIES

    B In the event that no amounts have been inserted by the Contractorin respect of Preliminaries, no relative payment whatsoever will beincluded in the Certificate.

    C If any abnormally high amount is inserted against an item in thePreliminaries for which whole payment is requested to be or wouldnormally be made at the beginning of the Contract and if theContractor is unable to substantiate such amount, payment for anyunsubstantiated amount will be effected over the period of theContract.

    D If in the opinion of the Engineer, after reference to the programmeand the actual progress of the Works, delay has occured in theprogress of the Works, the Engineer may adjust the cashflow ofand any payments included for Preliminaries in Interim Certificatesto reflect the revised anticipated duration.

    VALUATION OF VARIATIONS ON OMISSIONS OF WORK,MATERIALS OR GOODS

    E Any variations requiring the omissions of work, materials or goodsshall be valued by measurement by the Engineer in accordancewith the Conditions of Contract, applying the relevant unit rates (orpro-rated unit rates, as the case may be) found in "Rates" column

    in the Bills and in the Supplementary Schedule of Rates (if any)attached elsewhere in these documents.

    F For the avoidance of doubt, such valuation of the omitted work,materials or goods shall be irrespective of the Contractor'sestimated quantities (in the 'Quantity' column) in the Bills and lumpsum prices inserted by the Contractor against omission cost of anyone item as valued by measurement may be higher or lower thanthat included for the lump sum priced against the item to which itbelongs.

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    ITEM DESCRIPTION US$

    PLANT AND EQUIPMENT

    A Provide all plant, equipment, tools and vehicles necessary for theproper execution of the Works.

    B The Contractor shall ensure that noise generated at the Site willnot exceed the levels stipulated under current VietnameseRegulations.

    LOADING IN EXCESS OF DESIGN LOAD

    C No loading in excess of design loading shall be placed on any

    portion of the structure without the written permission of theEngineer. If such permission is granted, all structural memberssubjected to loading other than the design loading shall bestrengthened and supported to the satisfaction of the Engineer atthe Contractor's expense.

    D Notwithstanding the written permission of the Engineer, theContractor shall bear all costs arising out of the making good ofany damage to the permanent structure caused by excess loading.

    LABOUR ON-COSTS

    E Provide all costs, payments and charges in respect of allworkpeople for:a. Social Security fund contributions and levy schemesb. Annual and public holidaysc. Travelling time, expenses, fares and transportd. Non-productive time and other expenses in connection with

    overtimee. Incentive and bonus paymentsf. Any other payments and charges arising from the employmentof workpeople.

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    ITEM DESCRIPTION US$

    SITE MANAGEMENT COSTS

    A The Contractor shall constantly keep on the Site on a full-timebasis the following key site personnel who shall speak and writeEnglish fluently.

    a. A competent and experienced Project Manager who shall beoverall in charge of the Works.

    b. A competent and experienced Civil Engineer who shall becontinuously in charge of the execution and maintenance of the

    works throughout the contract period.

    c. A general foreman who shall be continuously in charge of theexecution and maintenance of the Works throughout the contractperiod.

    d. Adequate assistant foreman, site supervisors and all necessary"back-up" staff who are skilled, competent and experienced in theirrespective callings.

    B The Contractor shall provide an organisation chart showing the fulland detailed list of his site supervisory staff for the project for theapproval of the Engineer. Such list shall include all relevant detailsof each staff member including his functions, position, duties,qualification, experience, age and length of employment with theContractor. The provision of such organisation chart and theEngineer's approval thereof shall not limit the Contractor'sresponsibilities and obligations in respect of adequate staffing at

    the Site. In the event additional staff are considered necessary toproperly and effectively supervise the execution of the Works, theContractor shall provide such additional staff at no extra cost to theEmployer.

    C Provide for all on and off site management and supervisory costs.

    D The above personnel may not be changed without one month'swritten notice to the Engineer.

    E A air-conditioned container shall be provided complete withfurnishings for conducting all meetings at site and for the sole useof the Consultants and the consultants site staff.

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    ITEM DESCRIPTION US$

    OVERTIME

    A Should the Contractor consider overtime working is necessary inorder to attract and retain necessary workpeople or to complete theworks or sections of the Works within the Time for Completion, heshall allow for such overtime payments for his workmen and hissupervisory staff including the provision of any additional plantfacilities and the like arising out of overtime work.

    B Prior notification to the Engineer shall be given before overtimework is carried out.

    C If the Contractor considers it necessary for the Employer's orSuperintending Officer's site inspection staff to be present during

    overtime work, the Contractor shall reimburse the Employer for thecost of such overtime payments. For the purpose of this clause,

    overtime shall mean any time except 8.00am to 5.00 pm onMondays to Fridays and 8.00am to 12 noon on Saturdays. AllSundays and Public Holidays shall count as overtime.

    WORKING ODD HOURS

    D The Contractor shall allow for all time and costs in connection withcarrying excessively noisy or vibratory operations only duringworking hours as may be designated by the Vietnamese

    Authorities and without any complaints from the neighbouringproperties.

    ATTENDANCE

    E Allow for attendance of one trade upon another as may be required

    to complete the Works.

    TRANSFER OF PLANT, LABOUR AND MATERIALS

    F In the event of a delay occuring on one section of the Works forany reason whatsoever, the Contractor is to transfer his plant,labour and materials in so far as practicable to another section ofthe Works so as not to allow them to stand idle or cause delays.

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    ITEM DESCRIPTION US$

    A If the Contractor fails to carry out a transfer when such a step is

    considered reasonable and practicable by the Engineer, no claimfor extra payments or extension of time will be entertained.

    ACCESS FOR INSPECTION AND SUPERVISION

    B The Contractor shall maintain unhindered and safe access to andeasy inspection of all materials and work including any specialladders, gantries, platforms, ramps or scaffolding required for theEngineer's inspection.

    POLLUTION AND SITE HYGIENE

    C Mechanical plant, equipment, etc which emit smoke, fumes orother obnoxious gases will not be allowed on the Site.

    D Provide and maintain temporary channels, drains and the like forkeeping the Site clear of water.

    E Take all reasonable precautions to ensure the efficient protectionof all streams and waterways, against pollution arising out of or byreason of the execution of the Works.

    F Where water is to be discharged into drains, silt traps settling tanksor other means of removing sediment are to be used.

    G The Contractor shall ensure that dusts incurred by travel of dumptrucks or other vehicles will not exceed the levels stipulated underthe current Vietnamese Regulations.

    H The Contractor shall take all steps and all means possible toreduce the dust generated by his work activities on Site to a levelto the approval and satisfaction of the Superintending Officer.

    I The Contractor shall not dump unwanted building debris,chemicals, any noxious or polluting matter on any vacant plot ofland, roadside or drains thereby causing chokage leading tomosquito breeding or causing contamination of the Site or thedrainage system.

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    ITEM DESCRIPTION US$

    A Comply and pay all charges levied by any Government or Public

    Authority with jurisdiction on matters of pollution or site hygiene.

    VECTOR CONTROL

    B The Contractor is required to implement comprehensive andeffective Vector Control programme for the Site which shall includeall necessary measures to prevent the Site from becomingfavourable to the breeding or harbouring of vectors includingmosquitoes, rats etc.

    C Vector control work shall include:(1) Checking for mosquito breeding twice a week.(2) Larviciding all stagnant water water with insecticide or anti-mosquito oil at least one a week.(3) Thermal fogging at least onece a fortnight.

    SAFETY HEALTH AND WELFARE OF WORKPEOPLE

    D Allow for all costs in complying with all safety, health and welfareregulations appertaining to all persons employed on the Siteincluding those employed by sub-contractor.This shall include allsanitary facilities on Site for Contractors staff and work people, allto the approval of the Engineer.

    E All persons employed on the Site and all persons visiting the Site

    are to be provided with safety helmets that are to be worn at alltimes when in the vicinity of construction works or other dangerareas.

    F All safety apparel as is necessary shall be made available andprovided to all persons employed on Site.

    WATER FOR THE WORKS

    G The Contractor shall ascertain existing water supply available andprovide clean, fresh water for the Works including that required bysub-contractors and temporary arrangement for storage anddistribution around the Site in accordance with the applicableregulations. Pay all costs and charges in connection therewith.

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    ITEM DESCRIPTION US$

    TEMPORARY LIGHTING AND POWER FOR THE WORKS

    A The Contractor shall ascertain existing power supply available atSite and provide temporary artificial lighting and electrical power forthe Works including that required by subcontractors in accordancewith the Current Vietnamese Regulations and the Code of Practicefor Construction and Building Sites.

    B All electrical installations shall be carried out under theresponsibility of licensed electrical workers.

    C Provide, install and maintain all necessary temporary lightingduring hours of darkness for construction, safety, security andother purposes.

    D Pay all costs and charges in connection with temporary lighting

    and power for the Works, alter, shift and adapt from time to time asnecessary and remove all on completion of the Works to theapproval of the Engineer.

    TEMPORARY ROADS AND TEMPORARY WORKSE Provide, maintain and alter as necessary all temporary roads,

    tracks, paths, hardstandings, pavement crossings, culverts,washbays and other temporary works including those required bysubcontractors and suppliers and pay all costs and charges inconnection. Reinstate all ground and all work disturbed.

    SITE SECURITY

    F Provide and maintain all necessary temporary fencing, hoarding,

    gates, fans, planked footways guard rails, gantries, safety netting,warning lights and notices for the proper execution of the Works,the security of the Site, the protection of the public and theoccupants of any adjoining premises and for meeting therequirements of the Government of Vietnam and or Public

    Authorities. Alter, shift and adapt from time to time as necessaryand clear away on completion. Also allow for 24 hours securitypersonnel on site for site security purposes.

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    ITEM DESCRIPTION US$

    ADVERTISEMENTS

    A No advertisements shall be displayed without the written approval

    of the Engineer. Unauthorised advertisements shall be removedpromptly by the Contractor.

    SIGNBOARD

    B Provide and maintain in positions approved by the Engineer asignboard of 15m2 showing the title of the Works, the name of theEmployer, Superintending Officer, and the Contractor and of suchsub-contractors as may be. Remove on completion of the works.

    TEMPORARY BUILDING AND FACILITIES FOR THE

    CONTRACTOR

    C Provide and maintain in positions to be agreed with the Engineertemporary and watertight sheds for the storage of the materials,tools and tackle and for the use of workmen employed on the Site.NO WORKERS QUARTERS ARE ALLOWED ON SITE.Contractor shall provide workers and staff accomodation off Site.

    D Alter, shift and adapt from time to time as necessary, remove oncompletion and reinstate the site to Engineers satisfaction.

    All petroleum, explosives and flammable materials shall be storedin fire-proof buildings and precautions taken with regard to sitingand fire risks.

    FACILITIES FOR THE EMPLOYERE Provide where required for the use of the Superintending Officer's

    representative a theodolite, lever and other instruments togetherwith surveying assistance.

    TEMPORARY BUILDING FOR DISPLAY OF APPROVEDSAMPLES AND PROTOTYPES

    F Provide and maintain temporary accomodation of not more than20m2 floor area for the storage/display of approved samples andprototypes of materials and goods, etc. Provide racks, shelves andother furniture as required by Engineer.

    G Label and arrange sample and prototypes materials and goods etcto the Engineers approval.

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    ITEM DESCRIPTION US$

    A Alter, shift and adapt from time to time as necessary including

    periodically disposing of redundant samples and goods.

    FIRE PROTECTION DURING CONSTRUCTION

    B Provide and keep in working order adequate fire fightingequipment for emergency use at Site.

    REMOVAL OF RUBBISH

    C The Contractor shall arrange and pay all fees for disposing of allrubbish, unwanted building debri, earth rubble, chemicals, noxiousor polluting matter, etc from the Site both at regular intervals andon completion.

    D The Contractor shall provide his own cost expense proper bulkbins of adequate sizes at the Site for storage of construction waste

    and debris and to make necessary arrangements for the disposalof such waste and debris to approved disposal grounds.

    E Burning and/or burying of rubbish on the Site will not be permitted.

    RECORD DRAWINGS

    F The Contractor shall make accurate records of those parts of theWorks which will become hidden by further progress, as may bedirected by the Engineer. Such records shall be checked andverified by the Engineer while the work is open for inspection.Records shall be entered by the Contractor on prints of drawingswhich will be made available to him for this purpose, amplified by

    him with supplementary dimensioned sketches and handed to theEngineer as soon as practicable. All costs and charges inconnection therewith shall be borne by the Contractor.

    AS-BUILT DRAWINGS

    G As built drawings shall be prepared and presented in a formatapproved by the Engineer.

    H Draft as-built drawings shall be submitted progressively as theWorks are completed to enable the Engineer to review thedrawings.

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    ITEM DESCRIPTION US$

    D The Contractor shall keep accurate records of the actual formation

    levels throughout the contract period. This information shall besubmitted to the Engineer and shall form the basis of the as-builtrecords of the completed works.

    E Final as-built drawings comprising one set of reproducibletransparencies and two sets of linen prints and digitised data indiskettes shall be submitted to the Engineer within 14 days fromthe Time for Completion.

    STAMPING CHARGESF The Performance Security and all indemnities and guarantees so

    called for in the Contract Documents shall be stamped by theStamp Office.

    G The Contractor shall bear the full cost of the stamp duties andother related charges payable (if any) to the Commissioner ofStamp Duties for legalising and/or validating one original set andtwo duplicate copy each of Performance Security, indemnities andguarantees.

    WASHING BAY

    H The Contractor shall provide adequate washbays at all exits . Thewash bays shall be so arranged that all vehicles must pass throughthe wash bays and have their tyres and chassis cleaned of all earthbefore going on public roads.

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    ITEM DESCRIPTION US$

    INCLEMENT WEATHER

    A The Contractor is to provide the yearly rainfall record as obtainedfrom the Authorities rainfall station (Meteorological Service Station)closest to the Site, approved by the Engineer.

    B The past five (5) years average rainfall obtained from the nearestMeteorological Service Station to the site shall be taken as thebasis for assessing the exceptionally adverse seasonal weatherconditions prevailing at the site.

    C The Contractor shall not be allowed any extension of time due toinclement weather unless exceptional adverse inclement weatherconditions occur in excess of the average figures of "wet days"returns for the meterological station closest to the site based on theavearage monthly "wet days" figures for the previous five (5) years

    prior to the date of submission of tender obtained from themeteorological station closest to the Site. In submitting his claim,contractor shall provide copies of the "wet days" obtained from theMSS.

    D A 'wet day' is defined to be a day (of twenty four [24] hours) inwhich rainfall exceeds 10.16mm.

    E Notwithstanding the foregoing paragraph, if the progress of workbe such that the works on site are generally unaffected byinclement weather on a specific day, the Contractor may not makeany claim for extension of time, in that respect, for that particularday and in all cases the Engineer and his Representative will be

    the sole arbiters as to whether exceptionally inclement weatheroccured or not.

    Attendance and Facilities Provided by Main Contractor ( forNominated Sub-Contracts) These attendances shall also apply forthe Employers Direct Contractor at Site.

    F The Contractor will act conjointly with the Sub-Contractor as regardthe execution of the Works and provide the Sub-Contractor withfacilities and attendance as deemed necessary including but notlimited to following:

    a) Providing free and full use of standing scaffolding.

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    ITEM DESCRIPTION US$

    b) Providing free use of mess rooms, sanitary accommodation, andother welfare facilities.

    c) The Contractor shall be responsible for the hoisting of all Sub-Contractor's materials and equipment not exceeding 20 tonnes toall plant rooms, sub-stations, etc. at various levels and shall befully responsible for any damage or loss that may occur. TheContractor shall also check with the Engineer the designated areasin the building that have been designed for the purpose of hoistingequipment.

    e) Providing temporary lighting, electrical power (1 phase and 3phase) including distribution network and water supplies for theSub-Contract Works including that required for the testing and

    commissioning of the Sub-Contract Works. Where testing andcommissioning are required to be carried out using the permanent

    supply, such power and water usage shall be paid for by theContractor.

    f) Removing rubbish from positions on each floor designated by theContractor including final removal from the Site

    g) Providing all setting out and survey information including givingall necessary dimensions.

    h) Providing working space.

    I) Programming, co-ordinating and organising the Sub-Contractors'work to ensure the correct timing, sequencing and completion of alloperations including preparing co-ordinated working drawings of all

    services i.e.mechanical, electrical, fire alarm, plumbing andsanitary services etc., to Engineer's approval. The drawings shallhave sufficient details to enable co-ordination to be carried out andshall include plans, elevations and sections showing locations andlevels of all services.

    j) Ascertaining all particulars relating to the Sub-Contract Works inregard to sizes and positions of chases, holes, mortices and thelike which are to be formed or left in the structure by the Contractorand making good thereafter.

    k) Protecting the Sub-Contract Works that have been completedand incorporated into the Works.

    l) Securing the building and building works in such manner that theworks in progress by Sub-Contractor are not subject to damage byconstruction activity such as falling debris or water seepage.

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    ITEM DESCRIPTION US$

    m) Cutting and forming holes, recesses, chases etc. for ductwork,

    pipes, conduits, underfloor trunkings and fittings through/in ceiling,roofs, structural walls, slabs, beams, columns etc. and makinggood all works distrubed including filling and sealing gaps etc. toensure water and air tightness where applicable. Where the holes,recesses, chases etc. are made in fire-rated members, the gapsshall be filled and sealed with fire-stop material of the same fire-rating. The Contractor shall ensure that holes cut throughproprietary ceilings and partitions are carried out by or with thepermission of the respective specialist contractors. However, theSub-Contractor shall be responsible for making chases alongbrickwalls for pipes, conduits and fittings etc. but making good to

    the walls shall be done by the Contractor).

    n) Forming concrete bases, plinths, inertia blocks, etc. for plantand equipment, door louvres, exhaust discharge (external) grillesand fresh air intake louvres, unless otherwise stated in theSpecifications or Drawings.

    o) The building of manholes, pits, trenches, floor waste for cables,pipes, ducts, etc. unless otherwise stated in the Specifications orDrawings.

    p) The building-in or casting-in of inserts, bolts, sleeves for pipes,ducts, trunking, equipment, etc. The Sub-Contractor shall providethe inserts, bolts, sleeves, suspensions, etc. and will locate for theContractor the correct positions for these fittings. The Contractorshall be responsible for making the locations of any prestressingcables (if any) on the soffits of structural floors, faces of walls etc.

    A The Sub-Contractor's Responsibilities

    The Nominated Sub-Contractors/Direct Contractors will include intheir sub-contract sums for costs in connection with the following:

    (a) Unloading, getting in, storing and all handling and lifting to aconvenient location their materials, plant, tools, etc. for hoisting bythe Contractor. When the materials plant, tools etc. have beenhoisted to the nearest level possible with the hoisting facilities bythe Contractor, it shall be the responsibility of the Sub-Contractor/Direct Contractor to move them to the requiredpositions using their own facilities.

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    ITEM DESCRIPTION US$

    (b) Providing, erecting, maintaining and removing their temporaryoffice and storage accommodation, if space on site allows;otherwise office and material storage shall have to be offsite at sub-contractors cost.

    c) Connecting to temporary power and water supplies madeavailable by the Contractor. They shall supply and run cables,leads, electrical equipment and pipes required from the nearestdistribution outlets.

    d) Providing, erecting and removing scaffolding including alteringand adapting from time to time as necessary if no standingscaffolding of the Contractor is available.

    e) Depositing all rubbish, crates, drums, etc. at positions on eachfloor to be indicated by the Contractor.

    (f) Taking full responsibility for loss or damage to any material orgoods on site for the Sub-Contract/Direct Contract Works untilsuch material and goods have been incorporated into the Works.The Sub-Contractor/Direct Contractor must liaise with theContractor and establish and agree when to install their materialsand goods into the Works.

    (g) Taking responsibility for loss or damage to their plant, tools,equipment and other property on the site.

    (h) Protecting Sub-Contract/Direct Contract Works from loss ordamage (other than damage by construction activity such as fallingdebris or water seepage) until such works have been properlycompleted and incorporated into the Works.

    (I) Chasing of brickwalls for pipes, conduits and fittings (makinggood of brickwalls shall be done by Contractor).

    A BUILDERS WORKSAny reference in the Mechanical & Electrical Specifications tobuilders works by builder shall mean and be deemed to be partand parcel of this tender and this tender Works and the Tender

    Price stated in the Letter of Tender and shall be deemed to beincluded in the Accepted Contract Amount.

    Total Carried to Summary of Bill 1

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    Carried Forward

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    ITEM DESCRIPTION US$

    Bill 1 SUMMARY - PRELIMINARIES (CONTINUED)

    Brought Forward

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    Any other itemsAny other necessary items not describe or mentioned in thedrawings and specifications and other tender documents butrequired to be carried out to complete the whole Works to theapproval and satisfaction of the Engineer. Contractor to includehereinbelow:

    TOTAL CARRIED TO SUMMARY OF TENDER