ANNEX IV

SUPPLEMENTARY PROVISIONS TO THE GENERAL CONDITIONS

OF CONTRACT FOR CIVIL WORKS
ITB/UNDP/TRWMP/001/2011

S1 QUALITY ASSURANCE

The Contractor shall implement a quality assurance system, which shall, as a minimum, address the
following matters:

(a) Incorporates the requirements of the construction quality assurance (CQA) plan in Annex XI of
the specification.
(b) Contractor’s representative shall be suitably experienced
(c) Notification to the relevant authority of excavations and trenches
(d) Evidence of insurances to be provided
(e) Notice required for out-of-hours’ work
(f) Obtain existing services details from authority
(g) Inspection of site prior to commencement of works
(h) Existing defects inspection and list
(i) Site Safety

The Contractor shall submit for review by the Engineer a controlled copy of the quality plan relating
to work under this contract.

The quality assurance system shall demonstrate compliance with all relevant acts and regulations and
the requirements of the Contract Specification.

Compliance with the quality assurance system shall not relieve the Contractor of any of his duties,
obligations or responsibilities under the contract.
The Contractor shall not be relieved of any of his duties, obligations or responsibilities under the
contract due to compliance with and implementation of the quality assurance system.

S2 CONSTRUCTION MANAGEMENT STRATEGY

The Contractor will develop a Construction Management Strategy which shall provide an overview of
the management of construction under the Contract and include as a minimum:
(a) The purpose and objectives of the Construction Management Strategy;
(b) Processes and responsibilities for:

Reviewing and updating the Construction Management Strategy;

Site management, programme control, construction quality assurance and any specialist
activities;

Site survey and setting out of the Works;

Preparation and implementation of the construction specification for each stage of the
works;

Verification and certification of as-constructed drawings and management of
construction records required under the Contract; and

Incident management in the event of an emergency including after-hours attendance on
site;
(c) Arrangements for site induction and training to ensure that all relevant personnel are aware of the
requirements of the Construction Management Strategy and the requirements of the construction
specification;
(d) Arrangements to ensure that all subcontractors comply with the requirements of the Construction
Management Strategy and the requirements of the construction specification;

*** The Construction Management Strategy shall be submitted to the Engineer for review
and approval within four (4) weeks of award of the Contract, prior to the
commencement of works on site and not less than seven (7) days prior to any proposed
change to the Construction Management Strategy.

S3 ENVIRONMENTAL MANAGEMENT STRATEGY

The Contractor shall provide for approval an Environmental Management Strategy which shall
provide consideration of the potential environmental impacts of works under the Contract and outline
appropriate risk mitigation measures.

The Environmental Management Strategy shall be a single document for the Whole of the Works and
shall include as minimum:
(a) The purpose and objectives of the Environmental Management Strategy;
(b) A schedule of environmental elements that are expected to be affected by the works under the
Contract including an outline of proposed mitigation treatments and proposed timeframes;
(c) Processes and responsibilities for:

Reviewing and updating the Environmental Management Strategy;

The development, implementation and maintenance of Environmental Management
Plans;

Independent verification and auditing of Environmental Management Plans;

Reporting and investigation of environmental incidents or complaints relating to any
environmental issue under the Contract;

Monitoring and adjusting Environmental Management Plans; and

After hours response including arrangements for containing environmental damage and
attendance on site in the event of an emergency;
(d) Requirements of all relevant statutory authorities including necessary approvals and permits;
(e) Arrangements for site induction and training to ensure that all relevant personnel are aware of the
requirements of the Environmental Management Strategy and the requirements of specific
Environmental Management Plans;
(f) Arrangements to ensure that all subcontractors comply with the requirements of the
Environmental Management Strategy and the requirements of specific Environmental
Management Plans.
(g) Relevant clauses of the construction Quality Assurance (CQA) Plan.
(h) Arrangements to prevent any polluting matter arising from the work from entering any existing
stream or watercourse
(i) Arrangements to have adequate emergency spill booms and spill kits to clean any on-site spills
arising from construction plant or activities. The Contractor shall act promptly to contain all
spills.
(j) Arrangements to take all reasonable precautions to prevent dust, dirt and noise becoming
objectionable to any member of the public and shall provide and use wheel washing facilities,
water sprays, mufflers, sound attenuators, sound barriers and any other measure reasonably
required of him by the Engineer to comply with this clause.

*** The Environmental Management Strategy shall be submitted to the Engineer for review
and approval within four (4) weeks of award of the Contract, prior to the commencement
of works on site and not less than seven (7) days prior to any proposed change to the
Environmental Management Strategy.

S4 TRAFFIC MANAGEMENT STRATEGY

The Contractor shall develop a Traffic Management Strategy which shall provide an overview for the
management of traffic during various phases of the work under the Contract, and demonstrate the
traffic staging methodology. The Traffic Management Strategy is the overarching parent document
from which individual Traffic Management Plans are prepared.

The Traffic Management Strategy shall be a single document for the Whole of the Works, and shall
include as a minimum:
(a) The purpose and objectives of the Traffic Management Strategy;
(b) A schedule of events expected to impact on traffic including an outline of proposals for any
closure or other activity (including routes beyond the Limit of Works) and proposed timeframes;
(c) Procedures and responsibilities for:

reviewing and updating the Traffic Management Strategy;

the development, implementation and verification of any Traffic Management Plans;

monitoring and adjusting Traffic Management Plans;
(d) Requirements of all relevant authorities including the in-principle agreements of the relevant
authorities;
(e) Arrangements for site induction to ensure that the relevant personnel are aware of the
requirements of the Traffic Management Strategy and the requirements of specific Traffic
Management Plans;

*** The Traffic Management Strategy shall be submitted to the Engineer for review and
approval within four (4) weeks of award of the Contract, prior to the commencement of
works on site and not less than seven (7) days prior to any proposed change to the Traffic
Management Strategy.

S5 SITE INDUCTION

The Contractor shall be responsible for ensuring that all employees and Sub-Contractors have
completed the Contractors Site Induction course prior to commencing work on site. The induction
course will provide details of the hazards of working at the site and the work practices to be observed.
The Contractor shall provide the Engineer with evidence that all employees have completed the site
induction course. The Engineer will conduct random checks to ascertain Contractor’s compliance.

S6 ELECTRICITY, WATER, TELEPHONE AND SEWER

The Contractor shall arrange for provision of electrical power, telephone, water and sewerage for
construction at his own expense during the currency of this Contract.

S7 HOURS OF WORK
The hours of work shall be restricted to 6:00 am to 6:00 pm, Monday to Friday inclusive and where
approved by the Engineer 7.00am to 3.00pm on Saturdays. Should the Contractor wish to perform
any work, including plant maintenance, outside these hours he shall first obtain the permission of the
Engineer to do so.

It is the responsibility of the Contractor to arrange the completion of this Contract within the ordinary
hours of work; but if work outside normal hours is agreed to in respect of some emergency, no claim
for extra payment will be entertained and the Employer may charge the Contractor for extra cost of
supervision. If permission to work outside normal hours is denied then the Contractor shall not be
entitled to an Extension of Time to complete the Contract.

The Engineer reserves the right to restrict the Contractor’s use of public roads during hours of peak
traffic flows. Such restrictions will not be unnecessarily imposed.

S8 SAFETY

Safety Requirements - Quality Assurance

The Contractor shall establish and operate a quality system element covering the safety on the site and
meeting the requirements of all relevant Acts, Codes, Standards and By-laws.

The Contractor shall submit an Occupational Health and Safety Plan to the Engineer prior to
commencement of works on site.

The Engineer shall issue to the Contractor a ‘Site Safety Form’ when the Superintendent believes the
Contractor is in Breach of the Requirements of Relevant Acts, Codes, Standards and By-Laws. It is
the Contractor’s responsibility to adhere to the conditions outlined on the ‘Site Safety Form’. The
Employer and Engineer shall not take any responsibility for the Contractor’s action after receiving the
site safety form and there shall be no additional costs for compliance incurred by the Employer.

The Contractor is required to submit Job Safety Analysis forms as part of the safety plan. These are to
be submitted to the Engineer for approval.

Safety Requirements - General

The Contractor shall ensure that at all times, the means and methods of carrying out the work to be
undertaken conform with the codes of practice, standards and requirements of the relevant authority
and any other applicable Legislation, Codes of Practice and Standards.

All safety devices are to conform to the relevant standards of the relevant authority.

All plant and equipment used for lifting purposes, and all lifting procedures, shall comply with
statutory requirements. In accordance with the regulations, no person shall act as a Crane Driver,
Crane Chaser or Dogman unless that person is the holder of the appropriate Certificate of
Competency, or Learner's Permit, issued by the relevant authority.

A well-stocked First Aid Kit shall be maintained on site at all times. The Contractor shall have a
qualified first aid officer available at all times whilst work is in progress.

The noise requirements defined by the relevant authority shall be complied with. Ear muffs shall be
worn by personnel working near noisy plant, unless it can be shown to the Engineer that ear muffs are
not required by the regulations.

All personnel on site shall wear red safety vests.

All equipment used on the works shall be installed with reverse warning lights and audible reversing
beepers to the levels and satisfaction of the Engineer.
If deemed necessary by a job safety analysis (JSA), safety helmets shall be worn by all persons
working on a site where mobile mechanical plant or a fixed crane is in use.

Protective footwear shall be worn at all times.

Approved safety glasses shall be worn where an eye injury hazard exists. For example, while using
abrasive saws. The requirements for safety glasses should be determined during the completion of a
JSA.

Minimum SPF 30 + Sunblock shall be made available.

The Engineer will conduct random checks to ensure Contractors compliance with the above Health
and Safety Requirements. Should any Contractor or employee of the Contractor fail to comply with
the Health and Safety requirements works shall immediately cease. Any delays or costs incurred shall
be at the Contractors expense.

Safety of the Works

Pursuant to his obligations under the Contract, the Contractor shall take full responsibility for the
adequacy, stability and safety of all site operations and methods of construction.

Safety of Existing Services

The approximate positions of any existing services known to the Engineer have been indicated on the
Drawings. The Contractor shall be responsible for making his own enquiries with the various
authorities concerning the existence and location of any services, whether underground or above
ground. The Contractor shall obtain the precise location of underground services by hand dug trial
holes at his expense if necessary to maintain the security of such services.

Safety of Personnel

Pursuant to his obligation under the General Conditions of Contract, the Contractor shall take such
measures as are necessary to establish and maintain safe working conditions on the site of the works. The
regulations and recommendations of all relevant authorities shall be complied with. Any instruction
reasonably given by the Engineer under this clause shall be carried out by the Contractor at his own
expense.

Safety of the Public

Pursuant to his obligation under the General Conditions of Contract, the Contractor shall take
particular care to protect the public from the dangers inherent in excavations, obstructions, working
plant and falling objects. Such measures that are taken shall be adequate to maintain the safety of the
public during periods outside normal working hours on site.

Safety of Trenching

The Contractor's attention is drawn to the danger of working within or adjacent to trenches. In
particular, attention is drawn to the requirement that all trench excavation for installation of pipework
(or other works) of depths greater than 1.5 metres must be continuously supervised by a suitably
qualified officer.

S9 HEALTH AND WELFARE

The Contractor shall provide all that is required to comply with regulations and statutes relating to
temporary sanitary facilities, canteens, changing accommodation and first aid facilities required for
his personnel during the carrying out of the works. The Contractor shall provide adequate protective
clothing for his labour such that the progress of the works is not unnecessarily hindered by inclement
weather.

S10 MAINTENANCE MANUALS

All documents supplied by or available from Manufacturers of items used in the Works relating to
warranty, technical specification, performance and maintenance requirements shall be obtained by the
Contractor and forwarded to the Engineer.

S11 GUARANTEES

The Contractor shall obtain, and shall ensure that the Employer shall have the benefit of, warranties or
guarantees as specified in the Contract, including warranties or guarantees that are obtained by the
sub-contractors of the Contractor.

Unless otherwise specified or agreed, warranties or guarantees specified in the Contract shall name
the Employer as warranted and shall be furnished by the warrantor direct to the Employer.

S12 FIRE PRECAUTIONS

Where it is necessary to use electrical / gas cutting and/or electrical/gas welding, the Contractor shall
comply with the site requirements for hot works and shall ensure that his Subcontractors also comply.

Under no circumstances whatever shall fires be lit on site.

S13 CONFIDENTIAL DETAIL

The Contractor’s and the Employer’s Personnel shall disclose all such confidential and other
information as may be reasonably required in order to verify the Contractor’s compliance with the
Contract and allow its proper implementation.

Each of them shall treat the details of the Contract as private and confidential, except to the extent
necessary to carry out their respective obligations under the Contract or to comply with applicable
Laws. Each of them shall not publish or disclose any particulars of the Works prepared by the other
Party without the previous agreement of the other Party, subject to the application of the Privileges
and Immunities of the United Nations.

S14 COMPLIANCE WITH LAWS

The Contractor shall, in performing the Contract, comply with applicable Laws.

The Contractor shall give all notices, pay all taxes, duties and fees, and obtain all permits, licences
and approvals, as required by the Laws in relation to the execution and completion of the Works and
the remedying of any defects; and the Contractor shall indemnify and hold the Employer harmless
against and from the consequences of any failure to do so, unless the Contractor is impeded to
accomplish these actions and shows evidence of its diligence.

S15 SUFFICIENCY OF ACCEPTED CONTRACT AMOUNT

The Contractor shall be deemed to:

(a) Have satisfied himself as to the correctness and sufficiency of the Accepted Contract Amount,
and
(b) Have based the Accepted Contract Amount on the data, interpretations, necessary information,
inspections, examinations and satisfaction as to all relevant matters.

Unless otherwise stated in the Contract, the Accepted Contract Amount covers all the Contractor’s
obligations under the Contract (including those under Provisional Sums, if any) and all things
necessary for the proper execution and completion of the Works and the remedying of any defects.

S16 ACCESS ROUTE

The Contractor shall be deemed to have been satisfied as to the suitability and availability of access
routes to the Site at Base Date. The Contractor shall use reasonable efforts to prevent any road or
bridge from being damaged by the Contractor’s traffic or by the Contractor’s Personnel. These efforts
shall include the proper use of appropriate vehicles and routes.

Except as otherwise stated in these Conditions:

(a) the Contractor shall (as between the Parties) be responsible for any maintenance which may be
required for his use of access routes;

(b) the Contractor shall provide all necessary signs or directions along access routes, and shall
obtain any permission which may be required from the relevant authorities for his use of routes,
signs and directions;

(c) the Employer shall not be responsible for any claims which may arise from the use or otherwise
of any access route;

(d) the Employer does not guarantee the suitability or availability of particular access routes; and
(e) Costs due to non-suitability or non-availability, for the use required by the Contractor, of access
routes shall be borne by the Contractor.

S17 TRANSPORT OF GOODS

Unless otherwise stated:

(a) The Contractor shall give the Engineer not less than 21 days’ notice of the date on which any Plant
or a major item of other Goods will be delivered to the Site;

(b) The Contractor shall be responsible for packing, loading, transporting, receiving, unloading,
storing and protecting all Goods and other things required for the Works; and

(c) The Contractor shall indemnify and hold the Employer harmless against and from all damages,
losses and expenses (including legal fees and expenses) resulting from the transport of Goods,
and shall negotiate and pay all claims arising from their transport.

S18 TESTING

This Clause shall apply to all tests specified in the Contract, other than the Tests after Completion (if
any).

Except as otherwise specified in the Contract, the Contractor shall provide all apparatus, assistance,
documents and other information, electricity, equipment, fuel, consumables, instruments, labour,
materials, and suitably qualified and experienced staff, as are necessary to carry out the specified tests
efficiently. The Contractor shall agree, with the Engineer, the time and place for the specified testing
of any Plant, Materials and other parts of the Works.

The Engineer may, vary the location or details of specified tests, or instruct the Contractor to carry out
additional tests. If these varied or additional tests show that the tested Plant, Materials or
workmanship is not in accordance with the Contract, the cost of carrying out this Variation shall be
borne by the Contractor, notwithstanding other provisions of the Contract.

The Engineer shall give the Contractor not less than 24 hours’ notice of the Engineer’s intention to
attend the tests. If the Engineer does not attend at the time and place agreed, the Contractor may
proceed with the tests, unless otherwise instructed by the Engineer, and the tests shall then be deemed
to have been made in the Engineer’s presence.

The Contractor shall promptly forward to the Engineer duly certified reports of the tests. When the
specified tests have been passed, the Engineer shall endorse the Contractor’s test certificate, or issue a
certificate to him, to that effect. If the Engineer has not attended the tests, he shall be deemed to have
accepted the readings as accurate.

S19 PROTECTION OF THE ENVIROMENT

The Contractor shall take all reasonable steps to protect the environment (both on and off the Site) and
to limit damage and nuisance to people and property resulting from pollution, noise and other results
of his operations.

S20 ELECTRICITY, WATER AND GAS

The Contractor shall, except as stated below, be responsible for the provision of all power, water and
other services he may require for his construction activities and to the extent defined in the
Specifications, for the tests.

The Contractor shall at his risk and cost shall provide for the purposes of the Works such supplies of
electricity, water, gas and other services as may be required for constructions Site and of which details
and prices to be indicated in the bid. The Contractor shall, at his risk and cost, provide any apparatus
necessary for his use of these services and for measuring the quantities consumed.

S21 PROGRESS REPORT

Monthly progress reports shall be prepared by the Contractor and submitted to the Engineer in four
copies. The first report shall cover the period up to the end of the first calendar month following the
Commencement Date. Reports shall be submitted monthly thereafter, each within 7 days after the last
day of the period to which it relates.

Reporting shall continue until the Contractor has completed all work which is known to be
outstanding at the completion date stated in the Taking-Over Certificate for the Works.

Each report shall include:

(a) charts and detailed descriptions of progress, including each stage of design (if any), Contractor’s
Documents, procurement, manufacture, delivery to Site, construction, erection and testing; and
including these stages for work by each nominated Subcontractor,

(b) photographs showing the status of manufacture and of progress on the Site;

(c) for the manufacture of each main item of Plant and Materials, the name of the manufacturer,
manufacture location, percentage progress, and the actual or expected dates of:

Commencement of manufacture,

Contractor’s inspections,

Tests, and

Shipment and arrival at the Site;

(d) Details showing the number of each class of Contractor’s Personnel and of each type of
Contractor’s Equipment on the Site.

(e) copies of quality assurance documents, test results and certificates of Materials;

(f) List of notices and claims.

Comparisons of actual and planned progress, with details of any events or circumstances which may
jeopardizes the completion in accordance with the Contract, and the measures being (or to be) adopted
to overcome delays.

S22 FOREIGN PERSONNEL

The Contractor may bring in to the Country any foreign personnel who are necessary for the
execution of the Works to the extent allowed by the applicable Laws. The Contractor shall ensure that
these personnel are provided with the required residence visas and work permits. The Employer will,
if requested by the Contractor, use his best endeavours in a timely and expeditious manner to assist
the Contractor in obtaining any local, state, national, or government permission required for bringing
in the Contractor’s personnel.

The Contractor shall be responsible for the return of these personnel to the place where they were
recruited or to their domicile. In the event of the death in the Country of any of these personnel or
members of their families, the Contractor shall similarly be responsible for making the appropriate
arrangements for their return or burial.

S23 EMPLOYMENT RECORDS OF WORKERS

The Contractor shall keep complete and accurate records of the employment of labour at the Site. The
records shall include the names, ages, genders, hours worked to all workers. These records shall be
summarized on a monthly basis and submitted to the Engineer, and these records shall be available for
inspection by Auditors during normal working hours. These records shall be included in the details to
be submitted by the Contractor Records on Personnel and Equipment.

S24 THE CONTRACT PRICE

Unless otherwise stated in the Particular Conditions:

(a) The Contractor shall pay all taxes, duties and fees required to be paid by him under the
Contract, and the Contract Price shall not be adjusted for any of these costs;

(b) The Contractor shall submit to the Engineer, within 28 days after the Commencement Date, a
proposed breakdown of each lump sum price in the Schedules. The Engineer may take account of
the breakdown when preparing Payment Certificates, but shall not be bound by it.

S25 RECORDS OF CONTRACTOR’S PERSONNEL AND EQUIPMENT

The Contractor shall submit, to the Engineer, details showing the number of each class of Contractor’s
Personnel and of each type of Contractor’s Equipment on the Site. Details shall be submitted each
calendar month, in a form approved by the Engineer, until the Contractor has completed all work
which is known to be outstanding at the completion date stated in the Taking-Over Certificate for the
Works.