qip_vol. 1_section 4.1 - general conditions of contract_with jica comments_271114.pdf

Quick Impact Project (QIP) under the Comprehensive Capacity Development Project for the Bangsamoro (CCDP-B)

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TABLE OF CONTENTS

Page

Article 1. Definition and Interpretation .................................................................................... 1

Article 2. The Engineer ............................................................................................................ 4

Article 3. Supervisor ................................................................................................................. 5

Article 4. Subletting .................................................................................................................. 5

Article 5. Custody of Drawings ................................................................................................ 5

Article 6. Further Drawings and Instructions ........................................................................... 6

Article 7. Drawings to be Furnished by the Engineer .............................................................. 6

Article 8. Drawings to be Furnished by the Contractor ............................................................ 6

Article 9. As-Built Drawings .................................................................................................... 7

Article 10. Pamphlets, Diagrams and Similar Data for Equipment and Material....................... 7

Article 11. Test Procedure Instructions ...................................................................................... 7

Article 12. Instruction Manuals for Operation and Maintenance ............................................... 8

Article 13. Submission and Review or Approval of Contractor ................................................. 8

Article 14. Doubts ...................................................................................................................... 8

Article 15. Inspection of Site ...................................................................................................... 9

Article 16. Work to the Satisfaction of the Engineer .................................................................. 9

Article 17. Program to be Furnished .......................................................................................... 9

Article 18. Contractors Superintendence ................................................................................. 10

Article 19. Commencement, Carrying Out and Completion of Works ..................................... 10

Article 20. Construction Program ............................................................................................. 10

Article 21. Progress Report ...................................................................................................... 11

Article 22. Progress Photographs ............................................................................................. 12

Article 23. Monthly Work Schedules ....................................................................................... 12

Article 24. Joint Progress Meetings .......................................................................................... 12

Article 25. Percentage of Completion Chart with S Curves ................................................. 12

Article 26. Contractors Employees ......................................................................................... 13

Article 27. Setting Out .............................................................................................................. 13

Article 28. Prevention of Damage ............................................................................................ 14

Article 29. Damage to Third Party ........................................................................................... 14

Article 30. General Damage ..................................................................................................... 14

Article 31. Damages Caused by Force Majeure ....................................................................... 15

Article 32. Insurance of the Work ............................................................................................. 15

Article 33. Fossils, Etc. ............................................................................................................. 15

Article 34. Patents, Rights and Royalties ................................................................................. 15

Article 35. Interference with Traffic and Adjoining Properties ................................................ 16

Article 36. Supply of Plant, Materials and Labor ..................................................................... 16

Article 37. Construction Facilities for Temporary Works ......................................................... 16

Article 38. Temporary Buildings .............................................................................................. 17

Article 39. Other Temporary Facilities ..................................................................................... 17

Article 40. Mobilization and Demobilization ........................................................................... 17


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Article 41. Boundary of the Works ........................................................................................... 18

Article 42. Trespass .................................................................................................................. 18

Article 43. Site to be Kept Tidy ................................................................................................ 18

Article 44. Condition of the Site ............................................................................................... 18

Article 45. Precautions for Safety ............................................................................................. 19

Article 46. Labor ...................................................................................................................... 20

Article 47. Daily Report of Labor, Etc. .................................................................................... 21

Article 48. Access to Site ......................................................................................................... 21

Article 49. Works not in Compliance with the Contract ........................................................... 21

Article 50. Suspension of Work ................................................................................................ 21

Article 51. Possession of Site ................................................................................................... 22

Article 52. Rate of Progress ...................................................................................................... 22

Article 53. Contractors Records .............................................................................................. 22

Article 54. Certificate of Completion of Work and Commissioning ........................................ 22

Article 55. Inspection During and On Completion of Work ..................................................... 23

Article 56. Guarantee Against Defects ..................................................................................... 24

Article 57. Contractor to Search ............................................................................................... 24

Article 58. Alterations, Additions and Omissions .................................................................... 25

Article 59. Construction Plant, Temporary Work and Materials .............................................. 25


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SECTION 4.1GENERAL CONDITIONS OF CONTRACT

ARTICLE 1. DEFINITION AND INTERPRETATION

1.1 In the Contract, the following works and expressions shall have the meanings hereby assigned to them where the context otherwise requires:

1) Addenda A written amendment or clarification of the Tender Documents issued to prospective Bidders prior to the date and time indicated in the Instructions to Bidders for submission of bids.

2) Advanced Payment- The payment given by the Client to the Contractor for the mobilization and start-up operations.

3) Award The written acceptance of the Bid.

4) Bill of Quantities A list of the specific items of the Work and their corresponding unit prices, lump sums and provisional sums.

5) Calendar Day A period of twenty-four hours extended from midnight to midnight.

6) Client or the Procuring Entity The Japan International Cooperation Agency (JICA) Philippine Office.

7) Commencement Date The date when the Contractor is obliged under the Contract to commence the Work. It may be fixed or determinable from the Contract or stated in

the Notice to Proceed to the Contractor.

8) Construction Equipment or Contractors Equipment All equipment, facilities, supplies, appliances, materials or things required for the execution and completion of

the Work and which shall not form or are not intended to form part of the Permanent

Works.

9) Construction Plant All appliances or things of whatsoever nature required in or about the execution, completion or maintenance of the Work or Temporary Work (as

hereinafter defined) but does not include materials or things intended to form or form

part of the Permanent Work.

10) The Engineer or Procuring Entitys Representative The Engineering firm contracted by JICA for this project.

11) Contract The Contract Agreement and the Contract Documents.

12) Contract Agreements The written agreement between JICA Philippine Office and the Contractor setting forth the rights and obligations of the parties thereof, including

but not limited to the performance of the works, the furnishing of labor, equipment

and materials, and the basis of payment.

13) Contract Documents The Documents consisting the following:

i. Contract Agreement ii. Performance Bond iii. Form of Bid & BOQ of the Successful Bidder


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iv. Conditions of Contract v. Technical Specifications vi. Tender Drawings vii. Construction Methodology viii. Organizational Chart ix. Construction, Manpower & Equipment Utilization Schedules x. Cash Flow and Payment Schedules xi. All addenda and questions and replies issued prior to the Tender xii. All minutes of meetings as agreed between the parties hereto before

execution of the Contract

xiii. Curriculum Vitae of Proposed Project Manager, Civil Engineer, Structural Engineer, Architect, Project Engineer and Foreman, indicating among others the

projects where the said proposed personnel were involved, and including an

affidavit of commitment that they would be available for the Project

xiv. Instructions to Bidders and such other documents intended to form the Contract

14) Contract Price The sum stated in the Contract as payable to the Contractor for the timely execution and completion of the Works.

15) Contract Time The period stipulated in the Contract for completion of the Works and any authorized extensions of such period. This period includes the passing of the

tests required under the Contract upon completing the execution of the Work.

16) Contractor The successful Bidder.

17) Construction Program A work schedule prepared and submitted by the Contractor and approved by the Engineer prior to the commencement of the Work. This schedule

shall show the equipment schedule, manpower loading, and the Contractors cash flow projection taking into account revenue from the Client for the Contractors completion of certain phases of the work. It shall include estimates of work items,

quantities and costs and a PERT-CPM network of the activities contemplated in

executing the work.

18) Detour A means of access such as temporary road or bridge for the use of the traveling public to replace the temporary use of the site.

19) Force Majeure An event which the Contractor could not have foreseen or even though foreseen was inevitable. An event of force majeure is generally beyond the

reasonable control of the Contractor. It is synonymous with Fortuitous Event. It shall

not include (i) ordinary unfavorable weather conditions; and (ii) any other cause the

effects of which could have been avoided with the exercise of reasonable diligence by

the Contractor.

20) IRR-RA 9184 The current Implementing Rules and Regulations of Republic Act No. 9184: Prescribing Policies, Guidelines, Rules and Regulations for Government Procurement Reform Act of the Republic of the Philippines applicable to the Procurement and Contract.

21) Laboratory The field testing laboratory or any other laboratory acceptable to the Engineer.

22) Notice to Proceed A written notice issued by the Client to the Contractor requiring the latter to begin the prosecution of the Work not later than a specified or


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determinable date.

23) Permanent Works All permanent structures and all other project features and facilities required to be constructed and completed in accordance with the

Contract and which shall be delivered to the Client and which shall remain at the site

after the removal of all Temporary works.

24) Plans, also known as Drawings The approved drawings, profiles, typical cross-sections, working drawings and supplemental drawings or exact reproductions thereof

which show the locations, description, dimensions and details of the Work.

25) Site the project component that comprise the six (6) Packages under the QIP of the Comprehensive Capacity Development Project for the Bangsamoro (CCDP-B).

26) Specifications The Contract Document denominated as Specifications listed herein including any additions thereto or modifications thereof by the Engineer or

submitted by the Contractor and approved by the Engineer.

27) Subcontractor Any person or company to whom a part of the Works has been subcontracted by the Contractor with the express approval of the Client.

28) Substantial Completion That state of completion of the Work where the remaining work consists of punch list items, or where the Client, without canceling or rescinding

the Contract, accepts turnover of the Works as substantially completed or without

formally accepting the turnover of the Work, uses or is able to use fully the Work

according to its intended purpose, unless Article 54.1 applies. The Work is also

substantially completed when it is 95% complete.

29) Successful Bidder The Bidder to which the contract was awarded.

30) Supervisor Resident representative appointed by the JICA CPO. to perform day-to-day construction supervision.

31) Temporary Works All temporary works of every kind (other than Construction Equipment) required in or about the execution and completion of the Works and the

remedying of any defects therein.

32) Bid An offer (or proposal, bid, or quotation) to perform the Work under the terms and conditions specified in the Contract.

33) Tender Documents All documents issued by the Client giving instructions to prospective Bidders and providing them with information about the site, the project,

the form and contents of a responsive tender, and the Contract (including the Contract

Documents) to be signed by the successful Bidder.

34) Bidder A company or Corporation properly accredited and legally qualified to submit a tender to perform the Work.

35) Work or Works The permanent Works and temporary Works to be executed by the Contractor in accordance with the Contract including the furnishing of all labor,

materials, equipment and others incidental, necessary for the complete execution of

the Works, the passing of any test before acceptance by the Client of the Works, and

the carrying out of all duties and obligations of the Contractor imposed by the

Contract.


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36) Writing Any writing whether it is handwritten, typewritten, printed, mimeographed or drawn. It includes a letter or facsimile transmission.

1.2 Persons or Parties - persons, partnerships, corporations or entities having legal personality.

1.3 Singular and Plural Words stated in the singular in the Tender Documents or in the Contract shall also signify and impart the plural and vice versa, unless a different meaning

is intended.

1.4 Date The period provided in the Contract whether it is stated in days, months or years shall be reckoned according to the Gregorian Calendar.

1.5 Apply and/or Lay These words or any of them or the phrase containing a combination of these words whenever used in the Tender Documents or in the Contract,

shall be deemed to include all works to be done and all expenses to be incurred by the

Contractor, all labor, materials, Construction Equipment, Plant, overhead, including taxes

and profits in performing the whole works; or in supplying or delivering to a specified

location or locations designated in the Contract Documents, or required by the nature of the

work, a particular item, article or piece of apparatus, or equipment.

1.6 Approval, Judgment or Direction Unless from the context, a different meaning is intended, when the terms approved, subject to approval, equal to or equal, as directed, determined, designated, or words of similar import are used, the approval, judgment or direction shall be given by the Engineer.

1.7 The words Notice, Notify, Inform or Information shall mean notice, notification or information in writing properly directed and delivered to the person or persons to whom

such notice, notification or information shall be given as provided in the Contract.

ARTICLE 2. THE ENGINEER

2.1 The Engineer contracted by JICA, will provide general administration of the Contract, including performance of the functions hereinafter described.

2.2 The Engineer, personified by the Team Leader will be the Clients representative during construction and until final payment. The Engineer will have authority to act on behalf of

the Client to the extent provided in the Agreement between the Client and the Contractor,

and as enumerated in Article 2.4 hereof, unless otherwise modified by written instrument

which will be shown to the Contractor. The Engineer will advise and consult with the

Client and all of the Clients instruction to the Contractor shall be issued through the Engineer.

2.3 The Engineer or his representatives will attend actual field work at the sites. The engineers representatives will be authorized by the Engineer to work in the field on behalf of the

Engineer.

2.4 The Engineer or his representatives shall act on behalf of the Client as follows:

a) Review and approval of Work Plan, shop drawings, samples and other submissions of the Contractor.

b) Attend tests and inspections of the Equipment under this Contract.


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c) Issue certificate for the payment to the Contractor. d) Conduct inspections to determine the date of substantial completion and final

completion.

2.5 Notices in respect to the Work between the parties shall be referred to the Engineer provided always as follows:

a) If the Contractor shall be dissatisfied by reason of any decision of the Supervisor, he shall be entitled to refer the matter to the Engineer or his representatives who shall

thereupon confirm, reverse or vary such decisions.

ARTICLE 3. SUPERVISOR

3.1 The Supervisor who is the staff nominated by the JICA - CPO will watch and supervise day-to-day activities of the contractor with respect to the general progress and quality of

work and to test and examine any materials to be used or workmanship employed in

connection with the Work. It shall have no authority to relieve the Contractor from any of

its duties or obligations under the Contract or to order any work involving delay.

3.2 The Supervisor will assist to and cooperate with the Engineer or his representatives the implementation of construction supervision work by the Engineer or his representatives as

described in Article 2.2, 2.3 and 2.4.

3.3 The Supervisor shall assist the Contractor to secure the necessary Building Permit, Sanitary Permit, Electrical Permit, Excavation Permit and other permits deemed necessary. The cost

in securing all necessary permits for the project shall be borne by the Contractor. The

Supervisor shall also assist the Contractor in coordinating with local electric cooperatives

for installation of electrical equipment and facilities.

ARTICLE 4. SUBLETTING

4.1 The Contractor shall not sublet the whole of the Work. Except where otherwise provided by the Contract, the Contractor shall not sublet any part of the Work without the prior written

consent of the Engineer and the Client. However, such consent, if given, shall not relieve

the Contractor from any liability or obligation under the Contract and he shall be

responsible for the acts, defaults or neglects of the Sub-Contractor, supplier, its agents,

officials or workmen. However, the provision of labor on a piecework basis shall not be

deemed to be a subletting under this Clause.

ARTICLE 5. CUSTODY OF DRAWINGS

5.1 The Drawings shall remain in the sole custody of the Engineer or his representatives but two copies thereof shall be furnished to the Contractor free of cost. The Contractor shall

provide and make at its own expense any further copies required by him. At the completion

of the Contract the Contractor shall return to the Engineer or his representatives all

drawings provided under the Contract.

5.2 The Contractor shall give adequate notice in writing to the Engineer of any further drawing or specification that may be required for the execution of the Work under the Contract.


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5.3 One copy of the Drawings furnished to the Contractor as aforesaid shall be kept by the Contractor on the Site and the same shall at all reasonable times be available for inspection

and use by the Engineer and Supervisor.

ARTICLE 6. FURTHER DRAWINGS AND INSTRUCTIONS

6.1 The Engineer shall have full authority to supply the Contractor from time to time during the progress of the Work such further drawings and instructions as shall be necessary forthe

purpose of the proper and adequate execution and maintenance of the Work and the

Contractor shall carry out and be bound by the same.

ARTICLE 7. DRAWINGS TO BE FURNISHED BY THE ENGINEER

7.1 The Drawings attached to the Tender Documents which subsequently become the Contract Drawings are for proposal preparation purposes only. Provided that after the Contract

Agreement is concluded, the Contractor may use the Contract Drawings as the basis for

placing preliminary orders for materials and for preparing the working drawings. The

Contract Drawings shall not be used directly as basis for fabrication and/or construction

works.

7.2 The Contractor shall check the Contract Drawings carefully and advise the Engineer or his representatives in writing of all discrepancies, errors or omissions, if any. Instructions from

the Engineer or his representatives will be furnished to the Contractor should any

discrepancy, error, and omission be found. The Contractor shall be required to perform the

Works in accordance with the further issues of the Drawings.

7.3 Although the Drawings are prepared to scale, work shall be based upon dimensions indicated on the Drawings and not on dimensions scaled from the Drawings.

ARTICLE 8. DRAWINGS TO BE FURNISHED BY THE CONTRACTOR

8.1 All the various types of drawings prepared by the Contractor shall be made in a form approved by the Engineer or his representatives and shall be submitted in advance to give

the Engineer or his representatives sufficient time to review without causing any delay to

the field works. These drawings shall include but are not limited to the following types;

however, it should be noted that the names given to the drawings are only to provide a

general description and can be changed as the Engineer or his representatives or the Client

deems necessary.

1) Working Drawings

As mentioned in Sub-clause ARTICLE 7 above, the Contractor will use the Contract

Drawings as the basis for preparing the working drawings. Working drawings will be

made for all items of permanent works and where applicable will show, amongst others,

concrete outlines, bending, cutting schedules and layout of reinforcing steel bars, types

of material to be used, grades, stations, exact dimensions and any other details which

may be required. All working drawings shall be reviewed and duly approved by the

Engineer or his representatives prior to the execution of the works.


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2) Shop Drawings

Shop drawings will be prepared by the Contractor or by the Contractors materials/equipment supplier on behalf of the Contractor to show the outline,

dimensions, type of material, and all other necessary data and information. Shop

drawings shall be submitted to the Engineer or his representatives for his review and

subsequent approval by the Client.

3) Layout Drawings for Temporary Works

Within two (2) weeks calculated from the date of the signing of the Contract, the

Contactor shall submit to the Engineer or his representatives for review and comments

three (3) sets of drawings that show the layout of the Temporary Works. These drawings

shall show the location and other pertinent details of the principal components of the

construction plant, offices, storage buildings, housing facilities, storage area, etc.,which

the Contractor proposes to construct at the site or other authorized areas. In addition,

the drawings shall show the unloading facilities for the site materials and equipment

which the Contractor proposes to bring to the site, and the capacity of each major plant.

ARTICLE 9. AS-BUILT DRAWINGS

9.1 Within thirty (30) calendar days after the receipt of the Certificate of Completion, the Contractor shall furnish to both the Client and the JICA -CPO one set each of all approved

drawings and documents which have been clearly revised and brought up to date to show

the permanent construction actually made in such a manner that the set of drawings and

documents shall be of high quality reproducible polyester transparent Mylar film (or

similar material) from which clear copies can be made; whereas, the set of drawings for the

Engineer or his representatives shall be reduced into A3. Also, two bound sets each of As-

Built approved blueprinted drawings shall be submitted to both the Engineer and JICA CPO.

ARTICLE 10. PAMPHLETS, DIAGRAMS AND SIMILAR DATA FOR EQUIPMENT AND MATERIAL

10.1 The Contractor shall submit to the Engineer or his representatives for approval three (3) sets of applicable catalogs, pamphlets, manufacturers specifications, diagrams, calculation sheet, drawings, or other descriptive data for all materials and equipment to be furnished

under the Contract and those which the Contractor proposes to use, within seven (7)

calendar days after the signing of the Contract. The approval by the Engineer or his

representatives of such descriptive data shall not relieve the Contractor of any of his

responsibilities under the Contract.

ARTICLE 11. TEST PROCEDURE INSTRUCTIONS

11.1 The Contractor shall submit to the Engineer or his representatives for approval, during or immediately following the submission of drawings, tests procedure instructions describing

tests that may be required during manufacture and/or tests which have to be performed on

completion.


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11.2 Such instructions shall define the sequence of tests, equipment preparation, operation procedures to be followed and the detailed procedures for conducting the tests. Further

details mentioned in the Technical Specifications which pertain to test procedure

instructions and types of tests to be performed shall be followed.

ARTICLE 12. INSTRUCTION MANUALS FOR OPERATION AND MAINTENANCE

12.1 The Contractor shall provide the Engineer or his representatives, and Supervisor an Operation and Maintenance Manual which should include easily readable diagrammatic

drawings of the structures and equipment upon completion of the Work. The Contractor

shall, in preparing the instruction manuals, take into account the lack of experience and

non-familiarity of the operation and maintenance personnel on the type of equipment.

12.2 In this regard, the Engineer shall fully cooperate with and assist the Contractor in establishing an operation and maintenance (O&M) program.

ARTICLE 13. SUBMISSION AND REVIEW OR APPROVAL OF CONTRACTOR

13.1 The Contractor shall, except as specifically noted elsewhere in the Contract or directed by the Engineer or his representatives, submit his drawings and documents to the Engineer or

his representatives for his review and subsequent approval, at least seven (7) calendar days

prior to the execution of the work concerned in the said drawings and documents.

13.2 The Engineer or his representatives shall reserve the right to make general changes to the procedure during the course of the works when he deems the changes to be necessary.

13.3 No concrete or permanent work shall be executed until the applicable drawings and documents have been approved by the Engineer or his representatives. Prior to execution, a

joint inspection shall be undertaken by the Engineer or his representatives and the

Contractor, or their respective authorized representatives, to ensure that the approved

drawing(s) and documents and the appropriate specifications have been fully complied

with. All discrepancies or deficiencies that may be discovered shall be corrected before

execution.

13.4 All works done prior to the Engineers or his representatives approval of applicable drawings and/or documents shall be at the Contractors risk.

13.5 Approval by the Engineer or his representatives, on the Contractors drawings and/or documents shall not relieve the Contractor of his obligations such as the responsibility for

complying with all the requirements of the specifications, the correctness of his drawings

and documents, for adequacy, of the method of construction and others.

ARTICLE 14. DOUBTS

14.1 The Contractor shall promptly notify the Engineer or his representatives in any of the following cases:

a) If the Contractor discovers any indication in the Drawings or Specification which is not clear and definite, any discrepancy between the Drawings and Specifications, or any

error or omission in the Drawings or Specifications;


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b) If the Contractor deems it inappropriate to execute the Work in accordance with the Drawings, Specifications or instructions of the Engineer or his representatives;

c) If the Contractor discovers any difference between the conditions of execution indicated in the Contract and the actual circumstances;

d) If any unforeseeable condition is found at the Site of the Work, which gives construction an obstacle to the execution of the Work.

14.2 Upon receipt of the notification mentioned in the preceding paragraph 14.1, or upon discovery by himself of the facts enumerated in any of the items of the preceding paragraph

14.1, the Engineer or his representatives shall promptly give instructions appropriate to the

Contractor.

ARTICLE 15. INSPECTION OF SITE

15.1 The Contractor shall be deemed to have relied upon its own examination of the Site and to have informed himself fully and its own expense as to all data, matters and things, local or

otherwise, requisite to the fulfillment of the Contract.

15.2 Failure to acquaint himself fully with all available information concerning conditions affecting the Work will not relieve the Contractor of its responsibility for estimating the

difficulties and costs of satisfactory performing the Work.

ARTICLE 16. WORK TO THE SATISFACTION OF THE ENGINEER

16.1 Save in so far as it is legally or physically impossible, the Contractor shall execute, complete and maintain the Work in strict accordance with the Contract to the satisfaction of

the Engineer and shall comply with and adhere strictly to the directions made by the

Engineer or his representatives.

ARTICLE 17. PROGRAM TO BE FURNISHED

17.1 The Contractor shall submit to the Engineer or his representatives, for his approval a detailed construction schedule and a program within seven (7) calendar days after signing

of the Contract showing the order of procedure and method in which he proposes to carry

out the Work. Whenever required by the Engineer or his representatives, the Contractor

shall furnish for its information particulars in writing of the Contractors arrangements for carrying out the Work and of the Construction Plant and Temporary Work which the

Contractor intends to supply, use or construct as the case may be.

17.2 The submission to and approval by the Engineer or his representatives of such program or the furnishing of such particulars shall not relieve the Contractor of any of its duties or

responsibilities under the Contract.


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ARTICLE 18. CONTRACTORS SUPERINTENDENCE

18.1 The Contractor shall give or provide all necessary superintendence during the execution of the Work and as long thereafter as the Engineer or his representatives may consider

necessary for the proper fulfillment of the Contractors obligations under the Contract. The Contractor or a competent and authorized agent or representative approved in writing by

the Engineer or his representatives is to be constantly on the Work and shall give its whole

time to the superintendence of the same. Such authorized agent or representative shall

receive, on behalf of the Contractor, directions and instructions from the Engineer or his

representatives.

18.2 If such approval shall be withdrawn by the Engineer or his representatives, the Contractor shall, as soon as practicable (having regard to the requirement of replacing him as

hereinafter mentioned) after receiving written notice of such withdrawal, remove the agent

from the Site and shall replace him by other agent approved by the Engineer or his

representatives.

ARTICLE 19. COMMENCEMENT, CARRYING OUT AND COMPLETION OF WORKS

19.1 The execution of the works under the Contract shall commence not later than the commencement date stated in the Notice to Proceed issued to the Contractor or the Contract

Agreement or the Tender Documents.

19.2 The Contractor shall commence the Works under the Contract and shall complete the Works within the specified contract time and in accordance with the approved construction

program.

ARTICLE 20. CONSTRUCTION PROGRAM

20.1 The Contractor shall submit a detailed Construction Program, or revision of the same, to the Engineer for approval.

20.2 A construction program showing in full detail the Works to be carried out under the Contract shall be submitted by the Contractor within seven (7) calendar days after the

signing of the Contract. The construction program shall be submitted in conjunction with

the schedule in network and bar chart forms for each work item.

20.3 Whenever the Contractor proposes to modify or revise the Construction Program, the Contractor shall immediately notify the Engineer or his representatives in writing for the

approval of the modification or revision.

20.4 When requested by the Engineer or his representatives, the Contractor shall promptly furnish a detailed sub- program of the Construction Program for particular sections of the

Permanent Works.


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ARTICLE 21. PROGRESS REPORT

21.1 The Contractor shall, before the tenth (10th) day of each month, submit two (2) sets of monthly progress report in a format acceptable to the Engineer, detailing the progress of the

work accomplished during the preceding month. The reports shall contain but are not

limited to the following:

a) A general description of the work performed during the reporting period on each main activity, including all notable problems encountered.

b) The total overall percentages of the project works completed as well as scheduled by the CPM Network as of the end of the reporting period, with appropriate comments in

writing to explain differences, if any, certified copies of a complete Bill of Materials

(BM) to accomplish the Contract on a Material Status Report (MSR).

c) The percentages of each main work activity completed as well as scheduled during the month, with appropriate comments in writing to explain differences, if any.

d) A list of all activities scheduled progress or actual progress during the reporting period including Contractors actual or forecast start date versus scheduled start date, and the actual or forecast completion date versus scheduled completion date of each activity,

with appropriate remarks in writing to explain differences, if any.

e) A list of local manpower (by grade classification) employed and schedule during the reporting period.

f) A list of expatriate personnel (by position) employed during the reporting period.

g) A list of the Contractors owned equipment and materials presently located at the site.

h) Photographs of the type called for in Clause ARTICLE 22 hereinafter.

i) Main items of Temporary Works performed during the reporting period.

j) A statement detailing the status of progress on the overall project and how to regain any lost time or setbacks, which may have occurred.

k) A general description of the weather, maximum and minimum temperatures for each day throughout the month.

l) A list of stopped (inoperative) equipment, action being taken to bring it back in operation and the estimated date for the repairs to be completed.

m) A statement concerning operation, maintenance and repair of the construction plants and equipment.


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ARTICLE 22. PROGRESS PHOTOGRAPHS

22.1 The Contractor shall, throughout the contract period, submit to the Engineer or his representatives color progress photographs, which clearly show the work progress being

made. The photographs shall be taken at the start, during and at the completion of each

major component of the work and at other times and places as directed by the Engineer or

his representatives. The photographs shall be attached to the progress report specified in

Clause ARTICLE 21 above. Copy in CD should also be submitted to JICA.

22.2 The Contractor shall submit two (2) sets of color photographs adequately edited and in a booklet form showing the entire sequence of the work from start to finish.

ARTICLE 23. MONTHLY WORK SCHEDULES

23.1 The Contractor shall, at the end of each month, submit two (2) copies of a monthly bar chart type of schedule to show the work, which is proposed to be accomplished during the

succeeding month. This schedule will show, by means of bars, the days within the month

when each main activity will be worked on. The schedule shall be submitted to the

Engineer or his representatives by the first day of each month for his review and comments.

ARTICLE 24. JOINT PROGRESS MEETINGS

24.1 Regular meetings between the key personnel of the Engineer, JICA - CPO and those of the Contractor shall be held once a month at a time agreed upon. The purpose of these meetings

will be to discuss the progress being made, the work proposed for the forthcoming week,

and any problem having a direct bearing on the immediate to near term work activities.

ARTICLE 25. PERCENTAGE OF COMPLETION CHART WITH S CURVES

25.1 The Contractor shall prepare Percentage of Completion Chart with S Curves in a format agreed to by the Engineer or his representatives and submit it for approval within seven (7)

calendar days after the Contract has been signed.

25.2 In preparing the chart, the Contractor shall estimate and list down the proposed percentage for completing each sub-activity of a main activity, with the total percentages of the sub-

activities adding up to 100% for a particular main activity. In addition, the Contractor shall

estimate and list down the proposed percentages for mobilization and demobilization, with

the total percentages for the main activities, mobilization and demobilization adding up to

100% of the entire project.

25.3 The Contractor shall, by the third day of each month, determine the percentage of work completed during the preceding month. Based thereon, the Contractor will then plot the

actual percentage of completions S curves against the proposed percentage of completions S curves and submit the chart in five (5) copies to the Engineer or his representatives for review, along with comments in writing to explain differences between

the actual and the proposed percentages.


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ARTICLE 26. CONTRACTORS EMPLOYEES

26.1 The Contractor shall provide and employ at least 50% of his local workforce on the Site in connection with the execution and maintenance of the Work:

a) only such technical assistants who are skilled and experienced in their respective callings, and such sub-agents, foremen and leading hands who are competent to give

proper supervision to the work they are required to supervise, and

b) such skilled, semi-skilled and unskilled labor necessary for the proper and timely execution and maintenance of the Work.

26.2 The Contractor shall assume the responsibility of the Engineer or his representatives provided for in the laws, ordinances and regulations concerning labor and laborers as in

force in the Philippines.

26.3 No person shall be employed by the Contractor in the Project unless he is duly registered with the Social Security System. The Contractors employees contributions to the Social Security System and Medicare shall be promptly remitted to the appropriate office. The

Contractor shall be responsible for requiring his Subcontractor to comply with this

provision.

26.4 The Engineer or his representatives shall be at liberty to object to and require the Contractor to remove forthwith from the Work any person employed by the Contractor in or

about the execution or maintenance of the Work who in the opinion of the Engineer or his

representatives, misconducts himself or is incompetent or negligent in the proper

performance of his duties or whose employment is otherwise considered by the Engineer or

his representatives to be undesirable. Such person shall not be employed again in the Work

without the written permission of the Engineer or his representatives. Any person so

removed from the Work shall be replaced as soon as possible by a competent substitute

approved by the Engineer or his representatives.

ARTICLE 27. SETTING OUT

27.1 The Engineer or his representatives had established reference survey marks on the Site that are for reference purpose only. The Contractor shall carry out a check survey thereon before

using any of these marks for setting out the Works and shall satisfy himself as to their

accuracy. The Contractor may establish additional temporary bench marks for its own

convenience, but each temporary bench mark so established shall be of a design and in a

location approved by the Engineer or his representatives, and shall be accurately related to

the bench marks. The Contractor shall cooperate with the Engineer or his representatives in

checking the setting out or in performing surveys and measurements for inspection

purposes.

27.2 The Contractor shall be responsible for the true and proper setting-out of the Work in relation to original points, lines and levels of reference given by the Engineer or his

representatives, and for the correctness (subject as above mentioned) of the position, levels,

dimensions and alignment of all parts of the Work and for the provision of all necessary

instruments, appliances and labor in connection therewith.


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27.3 If, at any time during the progress of the Work, any error shall appear or arise in the position, levels, dimensions or alignment of any part of the Work, the Contractor, on being

required to do so by the Engineer, shall rectify such error to the satisfaction of the Engineer

or his representatives.

27.4 The checking of any setting-out or of any line or level by the Engineer or his representatives shall not in any way relieve the Contractor of its responsibility for the

correctness thereof and bench- marks, site-rails, pegs and other things used in setting out

the Work.

ARTICLE 28. PREVENTION OF DAMAGE

28.1 The Contractor shall, at his own expense, take necessary measures appropriate to the Work and its surroundings, in accordance with the Contract Documents and relevant laws,

ordinances and regulations, in order to prevent damage to the Work, construction materials,

adjacent structures or a third party, until the final completion and delivery of the Work.

28.2 The Contractor shall, whenever he considers it especially necessary to do so for the prevention of accidents, take appropriate measures, asking in advance for the opinion of the

Engineer; provided, however, that in case of urgency, the Contractor shall, after taking such

measures, notify the Engineer or his representatives, thereof.

28.3 Whenever the Engineer or his representatives consider it necessary to take measures appropriate for the prevention of accidents and has requested the Contractor to do so, the

Contractor shall promptly comply therewith.

ARTICLE 29. DAMAGE TO THIRD PARTY

29.1 If, during the execution of the Work, any injury or loss of life has been caused to a third party, or if any damage has been caused to its property, or if any other dispute has arisen

with the third party, the Contractor shall be fully responsible to compensate the third party

for such loss and damage.

29.2 The Contractor shall take out and maintain insurance against any loss and damage on the third party under the name of the Contractor.

ARTICLE 30. GENERAL DAMAGE

30.1 If any damage for which the Contractor is responsible has been caused to any part of the Work, or approved construction materials or equipment for the execution of the Work,

before the delivery of the Work, the Contractor shall make the necessary corrective measure

of such damage.

30.2 The Engineer shall be liable for those arising from any of the following cases, and the Contractor shall be entitled to an extension of time for Completion of the Work.

a) When the Contractor has been unable to commence the Work by the date of commencement due to the Clients convenience, or when the Client/ the Engineer has postponed or suspended the Work, or


Page 15of 25

b) When such damages have been caused by any person for whom the Client or Engineer is responsible.

ARTICLE 31. DAMAGES CAUSED BY FORCE MAJEURE

31.1 If any damage has been caused to any work done or to approved construction materials or equipment for the Work due to Force Majeure such as war, epidemic quarantine restriction,

earthquake, flood, fire, strike, insurrection and any other natural disaster or unusual event

or any other cause beyond the control of the parties, the Contractor shall notify the

Engineer and the Client promptly after such occurrence.

ARTICLE 32. INSURANCE OF THE WORK

32.1 During the execution of the Work, the Contractor shall take out and maintain insurance against any loss or damage, other than the damages caused by Force Majeure stipulatedin the preceding ARTICLE 31, on the Work and the Construction materials and

equipment for the Work as follows:

1) The Work for the time being executed at its estimated current contract value thereof, together with the materials for incorporation in the Work at their replacement value.

2) The construction materials and equipment for the Work brought to the Site by the Contractor at the replacement value of such construction materials and equipment.

32.2 The Contractor shall, whenever required, submit to the Engineer the policy or policies of insurance and the receipts for payment of the current premiums.

ARTICLE 33. FOSSILS, ETC.

33.1 All fossils, coins, articles of value or antiques and structures and other remains or things of geological or archaeological interest discovered on the site of the Work shall be deemed to

be the absolute property of the Client. The Contractor shall take reasonable precautions to

prevent its workman or any other persons from removing or damaging any such article or

thing and shall immediately upon discovery thereof and before removal acquaint the

Engineer of such discovery and carry out the Engineers orders as to the disposal of the same.

ARTICLE 34. PATENTS, RIGHTS AND ROYALTIES

34.1 The Contractor shall save harmless and indemnify the Client from and against all claims and proceedings for or on account of infringement of any patents, rights, design, trademark

or name or other protected rights in respect of any Construction Plant, machine, work or

material used for or in connection with the Work or Temporary Work or any of them and

from and against all claims, demands, proceedings, damages, costs, charges and expenses

whatsoever in respect thereof or in relation thereto.

34.2 Except where otherwise specified the Contractor shall pay all tonnage and other royalties, rent and other payments or compensation for extracting stone, sand, gravel, clay or other

materials required for the Work or Temporary Work or any of them.


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ARTICLE 35. INTERFERENCE WITH TRAFFIC AND ADJOINING PROPERTIES

35.1 All operations necessary for the execution of the Work and for the construction of any Temporary Work shall as far as compliance with the requirements of the Contract permits,

be carried out so as not to interfere unnecessarily or improperly with the public

convenience or the access to use and occupation of public or private roads and footpaths or

to or of properties whether in the possession of the Client or any other person.

35.2 The Contractor shall save harmless and indemnify the Client 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 therefore.

ARTICLE 36. SUPPLY OF PLANT, MATERIALS AND LABOR

36.1 Except where otherwise specified the Contractor shall, at its own expense, supply and provide all the Construction Plant, Temporary Work, materials both for temporary and for

permanent works, labor (including the supervision thereof), transport to or from thesite and

in and about the work and other things of every kind required for the construction,

completion and maintenance of the Work.

36.2 The Contractor shall use construction materials that have passed the test required in the Contract. If the Engineer or his representatives considers the construction materials as

improper, he may require the Contractor to replace it.

36.3 Expenses incurred for the tests mentioned above in the preceding paragraph 36.2 shall be borne by the Contractor.

36.4 The Contractor shall remove rejected materials as instructed by the Engineer or his representatives.

ARTICLE 37. CONSTRUCTION FACILITIES FOR TEMPORARY WORKS

37.1 As mentioned in Sub-clause ARTICLE 8, the Contractor shall submit drawings of temporary works for review and approval by the Engineer or his representatives before

constructing such works. The Contractor shall also obtain all necessary approvals from the

Engineer or his representatives or other government authorities before commencing

construction. Such work shall not be started without prior approval of the Engineer or his

representatives.

37.2 The Contractor shall be responsible for safeguarding and lighting the works and for the control of traffic and shall comply with the requirements of the Engineer or his

representatives, and the competent authority in these matters.

37.3 On completion of the Works, all Temporary Works constructed by the Contractor, unless otherwise specified or directed by the Engineer or his representatives, shall be removed

from the Site. The Contractor shall make safe all areas affected by the Temporary Works

and reinstate natural drainage. The Contractor shall finish, reinstate, clean and relinquish

parts of the Site at the end of the Period of Maintenance of such earlier times as directed by

the Engineer or his representatives.


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ARTICLE 38. TEMPORARY BUILDINGS

38.1 The Contractor shall provide, maintain and subsequently remove temporary buildings such as the Contractors offices, laboratory, workshops, quarters, labor camps and other buildings necessary for execution of the Works with the exception of facilities that may be

retained on order of the Engineer or his representatives. The Contractor shall submit site

plans and general particulars of the temporary buildings to the Engineer or his

representatives for approval. The construction of the temporary buildings shall not be

started without such prior approval.

38.2 The Contractor shall make his own arrangement for all yards, stores, workshops, offices, and for all services in connection therewith and shall be agreed beforehand with the

Engineer as such to avoid obstruction and nuisance to public.

38.3 The temporary toilet facilities shall meet the requirements of the government health authorities. The location of those facilities and their construction shall be as approved.

38.4 Sewage from temporary facilities shall be disposed of in a hygienic manner as approved.Separate payment will not be made for the sewerage and all costs shall be

deemed to be included in the unit and lump sum prices in the Bill of Quantities.

ARTICLE 39. OTHER TEMPORARY FACILITIES

39.1 Other temporary facilities such as scaffolding, work platform, carriage way, work space and storage, etc., for the execution of the Works shall be designed, constructed,

operated,maintained and subsequently removed by the Contractor at his own

expense. TheContractor shall submit to the Engineer or his representatives, for

approval the details of such temporary facilities.

ARTICLE 40. MOBILIZATION AND DEMOBILIZATION

40.1 The Contractor shall mobilize and move into the Site, in accordance with his approved construction program and equipment moving-in and utilization schedule, the required

construction equipment needed for the successful completion of the Work immediately

after receipt of the approved construction program.

40.2 The Engineer or his Representatives shall check and verify the number, type and actual condition of the equipment moved into the Site. The Engineer reserves the right to order the

removal of such equipment that is not in good working condition from the Site.

40.3 Demobilization shall include dismantlement and removal from the Site of Contractors construction plant, materials and equipment and all temporary facilities with the exception

of some offices, which the Engineer or his Representatives will decide to use for operation

and maintenance activities of the facilities. Demobilization shall also include clean up of

the site after completion of the contract work as approved by the Engineer or his

representatives and moving out of the Contractors employees from the Site. The offices decided to be retained by the Engineer shall be handed over in a fully operational condition.


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ARTICLE 41. BOUNDARY OF THE WORKS

41.1 The Supervisor will be responsible for making available the Site upon which the Works are to be constructed.

41.2 The Contractor shall not exceed the limits of the Site as directed by the Engineer and/or the Supervisor except in exceptional circumstances with prior approval of the Engineer and the

Supervisor.

41.3 The Contractor shall pay all costs, expenses, rentals, compensation or other disbursements, which may be incurred by him in negotiations with occupier or any third party and during

the subsequent use by him of such private land or roads for these purposes. No

reimbursement will be made to the Contractor in this respect.

41.4 The Contractor shall be responsible for all, which he may do, to land or property lying outside the Site as defined above.

ARTICLE 42. TRESPASS

42.1 In carrying out the Works due regard shall be paid to the amenities of adjacent property and to the interests of land, tenants, and occupiers. The Contractors shall take adequate steps to

prevent trespass by his employee and the employees of his sub-contractors, and shall be

wholly responsible for any loss or damage caused by such trespass.

ARTICLE 43. SITE TO BE KEPT TIDY

43.1 Throughout the progress of the Works, the Contractor shall keep the Site and all working areas in a tidy and workmanlike condition and free from rubbish and waste materials. Any

temporary works, Construction plant, materials or other things, which for the time being are

not required for use by the Contractor may, with the consent of the Engineer, be removed

from the Site but otherwise shall be dispersed about the Site in an orderlyfashion and shall

be properly and securely stored thereon. The Contractor shall make safe and reinstate all

areas affected by the Works.

ARTICLE 44. CONDITION OF THE SITE

44.1 Before carrying out any work, the Contractor shall inspect the Site in conjunction with the Engineer and the Supervisor to establish its general condition which shall be agreed and

recorded in writing, and where, in the opinion of the Engineer and the Supervisor, it is

deemed necessary, by means of photography.

44.2 Details recorded shall include the location of all boundary and survey marks, the conditions of existing facilities and other information relating to the Site and elsewhere which may be

affected by the Contractors operation.

44.3 The boundary of the land acquired for the construction of the Works will be defined by the Supervisor. The Contractor shall maintain them from commencement to final completion of

all works.


Page 19of 25

44.4 In the event of any boundary or survey marks being disturbed or displaced as a result of the Contractors operations, the Contractor shall forthwith, at his own expense, replace the survey marks. The Contractor shall employ the services of a qualified surveyor for this

purpose if the boundary or survey beacon disturbed or displaced was established for the

purpose of land title deeds.

ARTICLE 45. PRECAUTIONS FOR SAFETY

45.1 The Contractor shall take all necessary precautions against risks of loss of life or of injury to any person employed on the Works, or to employees of the Engineer and of the

Supervisor or of others, or to visitors or persons having good and sufficient reasons to be

around the Works. To this end, the Contractor shall provide safeguards in the Works to the

satisfaction of the Engineer and the Supervisor. The Contractor shall, furthermore, take all

necessary precautions against damage to the property of the Supervisor or of others located

at or adjacent to the Site.

45.2 The Contractor shall at all times comply with all accident prevention regulations and all safety regulations peculiar to the various trades employed on the Works.

45.3 The Implementing Rules and Regulation provisions on performance security shall form part of these General Conditions, but in case of conflict between these General Conditions

on performance security and the IRR-RA 9184 provisions on the same project, the IRR-RA

9184 shall prevail.

45.4 The Contractor shall report promptly to the Engineer and/or Supervisor all accidents involving the death of or serious injury to any persons, on the Site or resulting from the

Contractors operations.

45.5 The Contractor shall provide all necessary signs for the Works. These shall include but not be limited to the following:

a) Standard road traffic signs b) Warning signs c) Danger signs d) Control signs e) Safety signs f) Direction signs

45.6 Wording on all signs shall be in English and Filipino languages. The size, color, lettering and location of all signs shall be subject to approval of the Engineer and the Supervisor and

special attention shall be paid to the international system of signs.

45.7 The Contractor shall maintain all signs so placed as well as those placed by the Supervisor. The Contractor shall pay particular attention to the traffic control on public roads where his

equipment or vehicle frequently passes. In addition to road signs, he shall post flagmen at

critical places on such roads to maintain the smooth flow of traffic.


Page 20of 25

45.8 The Contractor shall, within twenty-four (24) hours of the occurrence of any accident at or about the Site or in connection with the execution of the Works, reports such accident to the

Engineer. The Contractor shall also report such accident to the appropriate authorities when

it is required by law. The Contractor shall be required to furnish monthly reports of all

accidents to staff, workmen, equipment or plant involving loss of time, giving such

information as may be prescribed by the Engineer and the Supervisor.

45.9 Safety instructions shall deal with all safety measures including but not limited to the following:

a) Regular maintenance of construction equipment; b) Protective clothing, helmet and footwear c) Use of lifting equipment d) Existing, temporary and proposed electric facilities; e) Welding; f) Routine procedure in case of accidents, fires, etc.; and g) Watchmen, warning notices and barriers

ARTICLE 46. LABOR

46.1 Supply of Water

The Contractor shall in so far as in reasonably practicable having regard to local conditions,

provide on the Site to the satisfaction of the Engineer an adequate supply of potable water

for the use of the Contractors staff and work people.

46.2 Alcoholic Liquor or Drugs

The Contractor shall not, in accordance with the Statutes, Ordinances and Government

Regulations or Orders for the time being in force, import, sell, give, barter or dispose of any

alcoholic liquor or drugs or permit or offer any such importation, sale, gift, barter or dispose

by its sub-contractors agents or employees.

46.3 Arms and Ammunition

The Contractor shall not give, barter or dispose of to any person or persons any arms and

ammunition, of any kind, or permit or offer the same as aforesaid.

46.4 Festivals and Religious Customs

The Contractor shall in all dealings with labor in its employ, have due regard to all

recognized festivals, days of rest and religious or other customs.

46.5 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

Government or the local medical or sanitary authorities for the purpose of dealing with and

overcoming the same.

46.6 Disorderly Conduct, etc.

The Contractor shall at all times take all responsible precautions to prevent any unlawful


Page 21of 25

riotous or disorderly conduct by or amongst its employees and for the preservation of peace

and protection of persons and property in the neighborhood of the Work against the same.

ARTICLE 47. DAILY REPORT OF LABOR, ETC.

47.1 The Contractor shall, if required by the Engineer, deliver to the Engineer or at its office a daily report in such form and at such intervals as the Engineer may prescribe showing the

supervisory staff and the numbers of the several classes of labor from time to time

employed by the Contractor on the Site and such information with respect to Construction

Plant.

ARTICLE 48. ACCESS TO SITE

48.1 The Engineer and the Supervisor or any person authorized by them shall at all times have access to the Work and to the Site and to all workshops and places where work is being

prepared or whence materials, manufactured articles or machinery are being obtained for

the Work and the Contractor shall afford every facility for and every assistance in obtaining

the right to such access.

ARTICLE 49. WORKS NOT IN COMPLIANCE WITH THE CONTRACT

49.1 Any part of the Work found to be in noncompliance with the Contract shall be reconstructed by the Contractor in accordance with the instruction of the Engineer.

ARTICLE 50. SUSPENSION OF WORK

50.1 The Contractor shall, on the written order of the Engineer, suspend the progress of the Work or any part thereof for such time or times and in such manner as the Engineer may

consider necessary and shall during such suspension properly protect and secure the Work

so far as is necessary in the opinion of the Engineer.

50.2 On the written order of the Engineer, the progress of the Work or any part thereof shall be suspended for a period or consecutive periods amounting in all to sixty (60) days. Or the

Engineer having previously issued a Suspension Order for a period which has lasted less

than sixty (60) days shall, within less than sixty (60) days from the expiration of that period

of suspension, issue a further Suspension Order either in respect of the whole of the Work

or (where the previous Suspension Order has affected only a part) affecting or include that

part then. And in any such case the Contractor may serve a written notice to the Engineer

requiring permission within twenty-eight (28) days from the receipt thereof to proceed with

the work or that part thereof in regard to which progress is suspended. And if such

permission is not granted within that time, the Contractor by a further written notice so

served may (but is not bound to) elect to treat the suspension where it affects part only of

the Work as an omission of such part under Article of Alteration, Addition and Omission

hereof or where it affects the whole work as an abandonment of the Contract by the Client.


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ARTICLE 51. POSSESSION OF SITE

51.1 Save in so far as the Contract may prescribe the extent of portions of the Site to which the Contractor is to be given possession from time to time, and the order in which such

portions shall be made available to him and subject to any requirement in the Contract as to

the order in which the Work shall be executed, the Engineer and/or Supervisor will give to

the Contractor possession of so much of the Site as may be required to enable the

Contractor to commence and proceed with the construction of the Work in accordance with

the program referred to in ARTICLE 17 of Program to be finished hereof (if any) and

otherwise in accordance with such reasonable proposals of the Contractor as he shall, by

notice in writing to the Engineer, make and will from time to time as the Work proceed

given to the Contractor possession of such further portions of the Site as may be required to

enable the Contractor to proceed with the construction of the Work with due dispatch in

accordance with the said program or proposal (as the case may be).

ARTICLE 52. RATE OF PROGRESS

52.1 The whole of the materials, plant and labor to be provided by the Contractor and the mode, manner and speed of execution and maintenance of the Work are to be of a kind and

conducted in a manner to the satisfaction of the Engineer.

52.2 Should the rate of progress of the Work or any part thereof be, at any time in the opinion of the Supervisor, too slow to ensure the completion of the Work by the prescribed time or

extended time for completion, the Engineer shall so notify the Contractor in writing and

Contractor shall thereupon take such steps as the Contractor may think necessary and the

Engineer may approve to expedite progress so as to complete the Work by the prescribed

time or extended time for completion.

ARTICLE 53. CONTRACTORS RECORDS

53.1 The Contractor will cooperate with the Engineer in keeping records relating to the performance of the Work.

53.2 The Contractors records shall remain on site or at a place designated by the Engineer and shall be made readily available to the Engineer at all times.

53.3 The Contractor shall provide the Engineer with such copies of all records as he may require without unreasonable delay.

53.4 The Contractor shall keep all the records safe at all times from theft and fire or loss from any other cause.

ARTICLE 54. CERTIFICATE OF COMPLETION OF WORK AND COMMISSIONING

54.1 As soon as, in the opinion of the Engineer, the Work shall have been substantially completed and shall have satisfactorily passed any final test that may be prescribed by the

Contract, the Engineer shall issue a Certificate of Completion in respect of the Work,

Acceptance of Testing, Certificate of Commissioning and a Certificate for the final

payment for approval by the Client. The Period of Guarantee of the Work shall commence

from the date on which the Engineer shall issue a Certificate of Completion.


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ARTICLE 55. INSPECTION DURING AND ON COMPLETION OF WORK

55.1 All works to be performed and plant to be supplied under the Contract shall at all times be subjected to inspection by the Engineer and the Supervisor or its authorized representatives

or its appointed inspectors.

55.2 The Contractor shall provide every facility as required by the Engineer or any one of the said inspectors for examination, inspection and test said work and plant.

55.3 The Contractor shall notify the Engineer before beginning any operation or before resuming an operation, which may have been previously suspended for any reason, so as to

enable him to arrange for the necessary inspection.

55.4 All work and plant condemned by the Engineer shall be made good, or replacement or repair of defective work of plant, as required by the Engineer, up to the time of the final

acceptance by the JICA -CPO of all work performed under the Contract.

55.5 All work and other property, which is disturbed, injured, damaged or destroyed in the course of removal of the condemned work shall be promptly repaired and made good to the

Engineers satisfaction.

55.6 If the Specifications, the Engineers instructions, laws, ordinances or any public authority require any work to be tested or approved, the Contractor shall give the Engineer and

Supervisor adequate notice of its readiness for inspection and if the inspection is by any

authority other than the Engineer/Supervisor, of the data and time for such inspection.

55.7 Inspection by the Engineer and Supervisor will be promptly made. If any such work should be covered up, or otherwise made inaccessible, without the approval or consent of the

Engineer, it shall, if required by the Engineer, be uncovered and made accessible for

examination. Restoration of any cover as required in the finished work shall be made to the

Engineers satisfaction.

Where required, the Contractor shall furnish a complete written statement of the origin,

composition and manufacture of all materials to be supplied and shall furnish samples

thereof, for testing examination and approval purposes. The materials actually used in the

Work shall be in accordance with approved samples.

55.8 The Contractor may change the source of supply of materials subject to written approval of the Engineer.

The inspection herein provided for shall in no way relieve the Contractor of full

responsibility for the quality, character and proper operation and performance of the

completed Work or any part thereof.

55.9 If the Engineer shall waive the right of inspecting and testing as herein provided, it shall in no way relieve the Contractor of full liability for the quality, character, proper operation and

performance of the completed work, and every part of it, nor shall it prejudice or affect the

rights of the Client set forth in the Contract.


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ARTICLE 56. GUARANTEE AGAINST DEFECTS

56.1 The Period of Guarantee against any defects except fair wear and tear in the Work shall be twelve (12) months from the issuance date of the Certificate of Completion issued by the

Engineer.

56.2 The Contractor shall not be liable for defects in furniture or other similar items of the Work, unless the Engineer requires the Contractor to repair or replace such defective work

promptly after its inspection at the time of delivery.

56.3 Provided, however, that the Contractor shall, for a period of twelve (12) months from the date of the Certificate of Completion issued by the Engineer, be liable for making

corrective measures of any latent defects due to the use of materials or workmanship not in

accordance with the Contract, or to neglect or failure on the part of the Contractor to

comply with any obligation, expressed or implied, on the Contractors part under the Contract.

56.4 If the latent defects mentioned in the preceding paragraph appear, the Client may require the Contractor to remedy such defects within a reasonable period of time fixed by the

Client.

56.5 In case the Contractor fails to do work so ordered, the Client may have the work done and charge the cost thereof against monies retained as provided for in the Contract and, if said

retained monies is not sufficient to pay for such work, the Contractor and his sureties agree

to pay to the Client the cost of such work.

56.6 The Contractor shall in case of work performed by the subcontractors and where guarantees are requires secure warranties from said subcontractors and deliver copies of the same to

the Client upon completion of work.

56.7 The Contractor shall not be liable for defects, which arise from any of the causes mentioned in paragraph of ARTICLE 50 Suspension of Work. However, in cases specified under paragraph of ARTICLE 50 Suspension of Work, the Contractor shall not be relieved from the responsibility for such defects. The provisions of the preceding paragraph of this Article

shall apply with necessary modifications to any loss or damage to the Work caused by

defects.

ARTICLE 57. CONTRACTOR TO SEARCH

57.1 The Contractor shall, if required by the Engineer in writing, search for the cause of any defect, imperfection or fault under the directions of the Engineer. Unless such defect,

imperfection or fault shall be one for which the Contractor is liable under the Contract, the

cost of the work carried out by the Contractor in searching as aforesaid shall be borne by

the Client.

57.2 But if such defect, imperfection or fault shall be one for which the Contractor is liable as aforesaid, the cost of the work carried out in searching as aforesaid shall be borne by the

Contractor and he shall in such case repair, rectify and make good such defect, imperfection

or fault at its own expense.


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ARTICLE 58. ALTERATIONS, ADDITIONS AND OMISSIONS

58.1 No Variation/Change Orders shall be made by the Contractor.

ARTICLE 59. CONSTRUCTION PLANT, TEMPORARY WORK AND MATERIALS

59.1 All Construction Plant, Temporary Work and materials provided by the Contractor when brought to the Site shall be deemed to be exclusively intended for the construction and

completion of the Work. The Contractor shall not remove the same or any part thereof (save

for the purpose of moving it from one part of the Site to another) without the consent in

writing of the Engineer which shall not be unreasonably withheld.

59.2 Upon completion of the Work, the Contractor shall remove from the Site all the said Construction Plant and Temporary Works, remaining with the exemption of some facilities

which the Engineer shall order to remain thereon and any unused materialsprovided by the

Contractor. The Engineer shall not at any time be liable for the loss of or damage to any of

the said Construction Plant, Temporary Work or materials.

qip_vol. 1_section 4.1 - general conditions of contract_with jica comments_271114.pdf

Documents

table of contents page

custody of drawings

progress report

progress photographs

joint progress meetings

approval of contractor

completion of works

construction program