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DEVELOPMENT OF ATCHCHUVALI INDUSTRIAL ESTATE – PHASE 1

IN JAFFNA DISTRICT, SRI LANKA

Funded by the Government of India

[Atlas Project Number 00080484]

Construction of Infrastructure Facilities for Atchchuvali Industrial Estate in Jaffna District, Sri Lanka

United Nations Office for Project Services (“UNOPS”) on behalf of the High Commission of India (“HCI”) in Sri Lanka

Retender Short Form Construction Contract

Contract No.: SL35P1-0100Date of Issuance: 12-11-2012

ITB Case No.: LKOC / CMB / GIU / 80484 / 12 - 008

Invitation to Bid – Short Form – Case No LKOC / CMB / GIU / 80484 / 12 - 008

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Operational excellence for results that matter Operational excellence for results that matterINVITATION TO BID

Operational excellence for results that matter

CONTENTS

1. INVITATION LETTER .................................................................................................. 1

2. SECTION I – BID PARTICULARS .............................................................................. 2

3. SECTION II – INSTRUCTIONS TO BIDDERS ............................................................ 6

4. SECTION III – EVALUATION METHOD AND CRITERIA ......................................... 21

5. SECTION IV – RETURNABLE BID SCHEDULES .................................................... 26

SCHEDULE 1 Form of Bid .............................................................................. 27

SCHEDULE 2 Form of Bid Security ................................................................ 29

SCHEDULE 3 Bidder’s Details ........................................................................ 30

SCHEDULE 4 Bill of Quantities. ...................................................................... 31 (Separately bound per each package)

SCHEDULE 5 Bidder Preliminary Programmes .............................................. 32

SCHEDULE 6 Proposed Project Team and Organizational Structure ............ 33

SCHEDULE 7 Insurances ............................................................................... 35

SCHEDULE 8 Capacities, Experience, Work in Hand and Work Completed . 36

SCHEDULE 9 Works Management System.................................................... 42

SCHEDULE 10 Outline Statement of Proposed Methods ................................. 43

SCHEDULE 11 Declarations ............................................................................. 44

SCHEDULE 12 Conflicts of Interest .................................................................. 46

SCHEDULE 13 Dispute Details ........................................................................ 47

SCHEDULE 14 Addenda to ITB ........................................................................ 48

6. SECTION V - UNOPS SHORT FORM CONSTRUCTION CONTRACT .................... 49

7. SECTION VI - PRICING PREAMBLES ..................................................................... 50

8. SECTION VII – DRAWINGS & TECHNICAL SPECIFICATIONS (Separately bound per each package)


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BID NOTICE

Retender

Construction of Infrastructure Facilities for Atchchuvali Industrial Estate – Phase I in Jaffna District, Sri Lanka

Funded by the Government of India

PROJECT NO. SL35P1‐0100

[ITB Case No: LKOC / CMB / GIU / 80484 / 12 ‐ 008]

1. The United Nations Office for Project Services – Sri Lanka Operations Centre (UNOPS‐LKOC) on behalf of the High Commission of India (HCI) in Sri Lanka invites sealed Bids from the eligible contractors registered with ICTAD (Institute for Construction Training and Development – Sri Lanka) or the registered contractors with the Government of India for the Construction of Infrastructure Facilities for Atchchuvali Industrial Estate in Jaffna District, Sri Lanka (hereinafter called as "Works”), under the terms set forth in the Bid Document. The Sri Lankan bidders shall have at least the minimum ICTAD category for bidding each package as per the table below. Joint Venture Associations between two Companies which fulfil the requirement stipulated above will also be deemed as eligible for submission of Bids.

2. Bid documents will be issued for each package as detailed in the table below. Bidders at their own discretion may bid for any package, combination of packages or all the six packages, if the proposed amount of works is within their financial limit and capacity.

3. Bid documents may be purchased by interested and eligible bidders from UNOPS‐LKOC Head Office, 118/5, Nawala Road, Colombo 05 or from UNOPS‐LKOC Area Office – Kilinochchi, No 230, Thirunagar, Kilinochchi between 9.00 am to 5.00 pm on business days from 12th November 2012 until 03rd December 2012 on submission of a written request accompanying a payment to UNOPS‐LKOC of a non‐refundable fee of Sri Lankan Rupees (LKR) 2,500.00 (for each package) in cash. Alternatively, bidders may download the digital copies of the solicitation documents (which can be printed by the bidders for the purpose of submitting a bid) from the HCI website. Such bidders should forward their requests with the non refundable fee of LKR 2,500 (or equivalent in any currency) in cash or as a demand draft before submitting the bids.

4. All bids must be accompanied by a Bid Security in the prescribed format amounting to the total of bid securities of the bidding packages addressed to the First Secretary (Development Cooperation), High Commission of India and shall be valid for 90 calendar days from the date of closure of the bid. The amounts of Bid Security for each package shall be in accordance with the table below.


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5. Sealed envelope (containing Technical component with bid security and Price component sealed in two separate envelopes) shall be delivered, in accordance with the Instructions to Bidders, on or before 3.00 pm on 04th December 2012 only to the UNOPS‐LKOC Head Office‐Colombo. Technical components of Bids will be opened at 3.30 pm on 04th December 2012 at UNOPS‐LKOC Head Office ‐ Colombo. Bidders or their authorized representatives may be present at the opening of bids as witnesses. Bids received after the stipulated closing time will be rejected and returned unopened. A clarification meeting will be held at 10.30 am on 21st November 2012 at the UNOPS‐LKOC Head office ‐ Colombo to clarify any matters pertaining to this bid.

Package

No

Sub Project No

Name of the Contract

Amount of Bid Security

(LKR)

Minimum ICTAD grade and Specialty

1 SL35P1‐0101 Boundary Wall, Fencing, Gates and Entrance Buildings

300,000.00 C5 ‐ Buildings

2 SL35P1‐0102 Internal road network 900,000.00 C4 ‐ Highways

3 SL35P1‐0103 Pipe Laying, Water Tank, Sump and Water Treatment Plant

300,000.00 C5‐ Water

Supply &

Drainage

4 SL35P1‐0104 Service Building and External Electrical Work

80,000.00 C7 ‐ Buildings

5 SL35P1‐0105 Waste Water Disposal System and Landscaping

400,000.00 C5‐ Water Supply/ Irrigation & Drainage

6 SL35P1‐0106 Fire Protection System and Fire Sump

240,000.00 EM3 – Fire Detection and Protection

6. Additional information regarding the bid documents will be available at UNOPS‐LKOC Head Office and UNOPS‐LKOC Area Office ‐ Kilinochchi.

7. UNOPS‐LKOC will not be responsible for any costs or expenses incurred by bidders in connection with the preparation and/or delivery of bids.

8. Contracts for the successful bidder(s) will be awarded and signed by the High Commission of India (HCI) in Sri Lanka on behalf of the Government of India.

Director & Representative

UNOPS‐LKOC

On behalf of the High Commission of India in Sri Lanka


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Operational excellence for results that matter Operational excellence for results that matterINVITATION TO BID Instructions Operational excellence for results that matter

INVITATION LETTER Dear Sir/Madam, Subject: Invitation to Bid for the Construction of Infrastructure Facilities for Atchchuvali Industrial Estate – Phase I in Jaffna District, Sri Lanka funded by the Government of India ITB Case No.: LKOC / CMB / GIU / 80484 / 12 - 008 The United Nations Office for Project Services (UNOPS) on behalf of the High Commission of India (HCI) in Sri Lanka is pleased to invite prospective bidders to bid in accordance with the requirements and process as set out in this Invitation to Bid (ITB). Under Phase I of this project, approximately 25 acres out of the available 65 acre land of the Estate will be developed. The proposed infrastructure development facilities are categorized into six packages and included in this Bid Document. Eligible registered contractors under the Government of Sri Lanka or the Government of India are invited to bid under the terms set forth in the Bid Document. The ITB consists of the following:

This Invitation Letter; Bid Particulars (Section I); Instructions to Bidders (Section II); Evaluation Method and Criteria (Section III); Returnable Bid Schedules (Section IV); UNOPS Short Form Construction Contract (the Contract) (Section V). Pricing Preambles & Technical Specifications (Section VI).

(Separately bound per each package) Drawings (Section VII).

(Separately bound per each package)

This ITB is consisted of six bid packages. A complete set of Bid documents may be purchased by interested and eligible bidders from UNOPS-LKOC Head Office, 118/5, Nawala Road, Colombo 05 or from UNOPS-LKOC Area Office – Kilinochchi, No 230, Thirunagar, Kilinochchi between 9.00 am to 5.00 pm on business days from 12th November 2012 until 03rd December 2012. To be eligible to obtain the bidding documents bidders must pay a non-refundable fee of Sri Lankan Rupees Two Thousand Five Hundred (LKR 2,500.00) for each package in cash. Alternatively, bidders may download the digital copies of the solicitation documents (which can be printed by the bidders for the purpose of submitting a bid) from the HCI website. Such bidders should forward their requests with the non refundable fee of LKR 2,500 (or equivalent in any currency) in cash or as a demand draft before submitting the bids.Bids of bidders that did not purchase the bidding documents from UNOPS will not be considered for evaluation. If you are interested in submitting a bid in response to this ITB, please prepare your bid in accordance with the requirements and process as set out in this ITB and submit your bid to UNOPS by the Closing Date set out in the Bid Particulars in Section 1 of the ITB. We look forward to receiving your bid.


UNOPS-LKOC

On behalf of the High Commission of India


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SECTION I

BID PARTICULARS Works (Article 1)

This Bid Document is consisted of six work packages as listed below and as further described in Section V of this ITB. The Sri Lankan bidders shall have at least the minimum ICTAD category for bidding each package as per the table below. Joint Venture Associations between two Companies which fulfil the requirement stipulated above will also be deemed as eligible for submission of Bids.

Package

No

Sub Project

No

Name of the Contract

Contract period

Minimum ICTAD

grade and Specialty

Engineer’s Estimate

(LKR)

1 SL35P1-0101

Boundary Wall, Fencing, Gates and Entrance Buildings

5 months

C5 - Buildings

30.0 million

2 SL35P1-0102

Internal road network

6 months

C4 - Highways

90.0 million

3 SL35P1-0103

Pipe Laying, Water Tank, Sump and Water Treatment Plant

6 months

C5- Water Supply & Drainage

30.0 million

4 SL35P1-0104

Service Building and External Electrical Work

6 months

C7 - Buildings

8.0 million

5 SL35P1-0105

Waste Water Disposal System and Landscaping

5 months

C5- Water Supply/ Irrigation & Drainage

40.0 million

6 SL35P1-0106

Fire Protection System and Fire Sump

5 months

EM3 – Fire Detection and Protection

24.0 million

Bidders at their own discretion may bid for any package, combination of packages or all the packages, if the proposed amount of works is within their financial limit and capacity. UNOPS will evaluate the six packages separately on the basis of best value for money. The selected Contractor(s) are responsible for delivery of the completed fully functional relevant infrastructure facility (ies) as per the price quoted in the Bill of Quantities (BOQ) in Returnable Bid Schedule 4 of


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this Invitation to Bid (ITB) and in accordance with the drawings and specifications. Time allocated for the completion of each package is per the table above. If a bidder is selected for more than one package, works shall be carried out simultaneously, so that all the awarded packages are completed within the above duration. Engineer’s estimates for the packages are indicated above. Preference will be given to Bidders submitting realistic bids below the Engineer’s Estimate. The use of this figure by the bidders as a reference point does not remove the bidder’s responsibility to ensure the accuracy of their bids. UNOPS reserves the right to negotiate with bidders on the final contract price, if found prudent and decided so.

Contact person and address for communications (Article 1)

All correspondence and notification in relation to this ITB shall be sent to: Krishanthi Dabare Project Manager UNOPS-LKOC 118/5, Nawala Road, Colombo 05 Sri Lanka Email: [email protected] Fax: +94 112-506097

Interpretation of the ITB (Article 2)

UNOPS on behalf of the HCI is inviting prospective bidders to bid in accordance with the requirements and process as set out in this ITB. The contracts shall be awarded and signed by the High Commission of India (HCI) “Employer” in Sri Lanka with the successful bidder(s).

Eligible Bidders (Article 4)

Registered contractors with the Government of Sri Lanka or the Government of India. The Sri Lankan bidders shall have at least the minimum ICTAD category for bidding each package as per the table in the Article 1 above.

Excluded nationalities (Article 4)

No nationalities are excluded from submitting a bid.

Clarifications (Article 8)

Requests for clarification from bidders will not be accepted any later than 48 hours before the Closing Date.

Responses to requests for clarification shall be communicated to bidders by faxing responses directly to all Bidders who have acquired the Bidding Documents and posting responses on UNOPS’ website at www.unops.org under ITB Case No. LKOC / CMB / GIU / 80484 / 12 – 008.

Clarification Meetings (Article 9)

A clarification meeting shall be held as follows: Date: 21st November 2012 Time: 10:30 Hrs Location: UNOPS-LKOC Head Office, No 118/5, Nawala Road, Narahenpita, Sri Lanka The clarification meeting is not mandatory.

Site Inspections (Article 10)

It is strongly recommended that you visit and examine the Site of Works and its surroundings with prior notification and arrangements to be made with Mr. Velupillai Baskaran, Project Manager, UNOPS-LKOC [Tel No. 0773 044807] and obtain all information that may be necessary for preparing the Bid.

The site inspection is not mandatory.


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Bid validity period (Article 13)

Bids shall remain valid for acceptance by UNOPS for 90 Days from the Closing Date mentioned at Article 21 below.

Alternative bids (Article 15)

Alternative bids will NOT be evaluated

Bid security (Article 16)

Bidders shall provide bid security in the form set out in Returnable Bid Schedule 2 – Form of Bid Security (see Section IV) and shall be valid for 90 calendar days from the date of closure of the Bid. The amounts of Bid security for each package shall be in accordance with the table below.

Package

No

Sub Project

No Name of the Contract

Amount of Bid

Security

(LKR)

1 SL35P1-0101

Boundary Wall, Fencing, Gates and Entrance Buildings

300,000.00

2 SL35P1-0102

Internal road network 900,000.00

3 SL35P1-0103

Pipe Laying, Water Tank, Sump and Water Treatment Plant

300,000.00

4 SL35P1-0104

Service Building and External Electrical Work

80,000.00

5 SL35P1-0105

Waste Water Disposal System and Landscaping

400,000.00

6 SL35P1-0106

Fire Protection System and Fire Sump

240,000.00

Bid Currency

(Article 17)

Prices shall be quoted in Sri Lankan Rupees (LKR) by all the bidders. For comparison and evaluation purposes, UNOPS will convert the bid prices into Indian Rupees (INR). The conversion rate of INR to LKR shall be 1 INR = 2.405 LKR. This is the applicable official HCI rate of exchange in force as at the month of November 2012.

Duties and Taxes (Article 18)

HCI is a tax exempt entity. All bids shall be submitted net of VAT by the local bidders. VAT component payable by the Contractors to the Sri Lankan government shall be shown separately. The other taxes payable by the Contractors shall be included in the price. HCI is exempted from paying VAT. The Contractor will be given a copy of the VAT exemption letter issued by the Ministry of Finance.

Language of bids (Article 20)

All bids, information, documents and correspondence exchanged between UNOPS and the bidders in relation to this bid process shall be in English Language.

Closing Date (Article 21)

All bids must be submitted by 3:00 pm Colombo, Sri Lanka Time on 04th December 2012.

Bid Submissions Bids must be submitted as follows:


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(Article 22) Bids shall be sealed in one outer and two inner envelopes, as detailed below. The outer envelope shall be labeled as follows:

Case No.: LKOC / CMB / GIU / 80484 / 12 - 008

Closing Date: on 04th December 2012 at 3:00 pm at Colombo, Sri Lanka Time. From: [Insert bidder’s name & details] ***CONFIDENTIAL BID - DO NOT OPEN UNLESS AUTHORIZED*** United Nations Office for Project Services Sri Lanka Operations Centre Director & Representative UNOPS-LKOC Head Office 118/5, Nawala Road Colombo 05, Sri Lanka The inner envelopes shall be marked as follows: Both inner envelopes shall indicate the Bidder’s name and address and the ITB Case No. The first inner envelope shall be marked "Technical Component" and shall contain the dully filled and signed all the Returnable Bid Schedules (except the Returnable Bid Schedule 4 - Filled BOQ), Original Bid security, Copy of Business Registration, Copy of ICTAD registration (for local bidders), Copy of VAT Registration, Power of Attorney from the company for the person who signs the Tender. Technical component shall be prepared in duplicate with one marked "Original" and the other marked "Copy". In the event of any discrepancy between them, the original shall govern. The second inner envelope shall be marked "Price Component" and include a covering letter indicating the price of each package, that the bidder is bidding and duly completed and signed Returnable Bid Schedule 4. Price component shall be prepared in duplicate with one marked "Original" and the other marked "Copy". In the event of any discrepancy between them, the original shall govern. Distinct, separately sealed, both technical and price components are requested from the bidders in order to evaluate them separately. Both distinctly sealed envelopes of technical and price components shall be kept in another envelope (outer envelope), which shall be sealed as well. Non compliance to this instruction shall result in rejection of the bid received. The bidders are instructed to avoid submitting loose papers with any of the Technical and Price components. Sealed bid shall be delivered only to the UNOPS-LKOC Head Office-Colombo by mail or personal delivery by the Closing Date. Personal delivery shall be made between the hours of 0900 and 1700 on UNOPS regular working days by the Closing Date.

Bid Opening

(Article 23)

Technical components of Bids will be opened at 3.30 pm on 04th December 2012 at Conference Hall, 2nd Floor, UNOPS-LKOC Head Office, 118/5, Nawala Road, Colombo 05.


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Operational excellence for results that matter Operational excellence for results that matterOperational excellence for results that matter

INVITATION TO BID Instructions

SECTION II

INSTRUCTIONS TO BIDDERS 1. INFORMATION FOR BIDDERS Bidders are invited to submit a bid for the works described in the Bid Particulars in Section I, and further described in the Contract in Section V, in accordance with this ITB. All correspondence, notification and bids in relation to this ITB shall be sent to the contact person and address set out in the Bid Particulars in Section I. Please note that the address for Bid Submission may be different. 2. INTERPRETATION OF THE ITB This ITB is an invitation to treat and shall not be construed as an offer capable of being accepted or as creating any contractual, other legal or restitutionary rights. No binding contract, including a process contract or other understanding or arrangement, will exist between the bidder and UNOPS/HCI and nothing in or in connection with this ITB shall give rise to any liability on the part of UNOPS/HCI unless and until the Contract is signed by HCI and the successful bidder. 3. AMENDMENTS TO THE ITB Prior to the Deadline for Bid Submission, UNOPS may at its discretion modify the bidding documents by way of a written addendum. All written addenda to the bidding documents shall form part of the ITB. In the event UNOPS modifies the ITB, UNOPS will notify in writing all bidders that have received the ITB from UNOPS of such modification. In order to give the bidders reasonable time to take such modification into account, UNOPS may extend the Deadline for Bid Submission as may be appropriate under the circumstances. 4. BIDDER ELIGIBILITY A bidder may be a private, public or government-owned legal entity or any association, including a joint venture or consortium with legal capacity to enter into a binding contract with HCI. A bidder, and all parties constituting the bidder, may have the nationality of any country with the exception of the nationalities, if any, listed in the Bid Particulars in Section I. A bidder shall not be eligible to submit a bid if and when at the time of bid submission, the bidder:

(i) has been suspended or declared ineligible by UNOPS or HCI or any other entity of the United Nations system, including the Work Bank;


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(ii) is on the UN 1267 terrorist list issued by the Security Council resolution 1267 which establishes a sanctions regime to cover individuals and entities associated with Al-Qaida and/or the Taliban; or

(iii) has not attended a mandatory site inspection or mandatory clarification

meeting, if applicable, in accordance with Articles 9 and 10.

(iv) does not comply with any additional requirements as may be set out in the Bill of Particulars.

If a bidder does not have all the expertise required for the provision of the works to be provided under the Contract, such bidder may submit a bid in association with other entities, particularly with an entity in the country where the works are to be provided. An entity may not submit more than one bid in response to this ITB, whether alone or in association with other entities. In the case of a joint venture, consortium or association:

(i) all parties of such joint venture, consortium or association shall be jointly and severally liable to UNOPS and HCI for any obligations arising from their bid and the Contract that may be awarded to them as a result of this ITB;

(ii) the bid shall clearly identify the designated entity designated to act as the contact point to deal with UNOPS and HCI. Such entity shall have the authority to make decisions binding upon the joint venture, association or consortium during the bidding process and, in the event that a contract is awarded, during the duration of the contract; and

(iii) The composition or the constitution of the joint venture, consortium or association shall not be altered without the prior consent of UNOPS and HCI.

5. ERRORS OR OMISSIONS Bidders shall immediately notify UNOPS in writing of any ambiguities, errors, omissions, discrepancies, inconsistencies or other faults in any part of the ITB, with full details of those ambiguities, errors, omissions, discrepancies, inconsistencies or other faults. Bidders shall not benefit from such ambiguities, errors, omissions, discrepancies, inconsistencies or other faults. 6. BIDDERS’ RESPONSIBILITY TO INFORM THEMSELVES &

ACKNOWLEDGEMENT Bidders shall be responsible to inform themselves in preparing their bid. In this regard, bidders shall ensure that they:


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(i) examine and fully inform themselves in relation to all aspects of the ITB, including the Contract and all other documents included or referred to in this ITB;

(ii) review the ITB to ensure that they have a complete copy of all documents;

(iii) obtain and examine all other information relevant to the project and the scope of the works available on reasonable enquiry;

(iv) verify all relevant representations, statements and information, including those contained or referred to in the ITB or made orally during any clarification meeting or site Inspection or any discussion with UNOPS, its employees or agents;

(v) attend any Clarification Meeting or Site Inspection that is mandatory under this ITB;

(vi) fully inform and satisfy themselves as to requirements of any relevant authorities and laws that apply, or may in the future apply, to the execution of the works; and

(vii) form their own assessment of the nature and extent of work required to execute the works and properly account for all work in their bid.

Bidders acknowledge and agree that the ITB does not purport to contain all relevant information in relation to the works and is provided solely on the basis that bidders shall be responsible for making their own assessment of the matters referred to in the ITB, including the Contract (see Section V). Bidders acknowledge and agree that UNOPS, its directors, employees and agents make no representations or warranties (express or implied) as to the accuracy, currency or completeness of this ITB or any other information provided to the bidders. 7. UNOPS SHORT FORM CONSTRUCTION CONTRACT Bidders shall be willing to sign the Contract (see Section V), without departure, qualification, amendment, limitation or exclusion should they be selected as a result of this bid process. 8. CLARIFICATION OF THE ITB Bidders may request clarification of the ITB or bid process by submitting a written request to the contact stated in the Bid Particulars in Section I up to the time stated in the Bid Particulars in Section I and thereafter requests for clarification will not be accepted. UNOPS shall gather all requests for clarification and may respond in writing to all such requests at the same time. Responses to requests for clarification shall be communicated to all bidders that received the ITB directly from UNOPS if the ITB was not available online, and/or, if the ITB was available online or if stated in the Bid Particulars in Section I, responses will be posted online without disclosing the names of the bidders who submitted the requests for clarification.


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9. CLARIFICATION MEETINGS Unless otherwise instructed in writing by UNOPS, a clarification meeting will only be held if stated in the Bid Particulars in Section I, at the time and place and in accordance with any instructions set out in the Bid Particulars in Section I. If the Bid Particulars in Section I state that a clarification meeting shall be mandatory, a bidder which does not attend the clarification meeting shall become ineligible to submit a bid under this ITB. The names of representatives of bidders who will attend the clarification meeting shall be submitted in writing by bidders to the UNOPS contact person listed in the Bid Particulars in Section I, including the full name and position of each representative at least 24 hours before the clarification meeting is to be held. UNOPS will not issue any formal answers to questions from bidders regarding the ITB or bid process during the clarification meeting. All questions shall be submitted in accordance with Article 8. The clarification meeting shall be conducted for the purpose of providing background information only. Without limiting Article 6, bidders shall not rely upon any information, statement or representation made at the clarification meeting unless that information, statement or representation is confirmed by UNOPS in writing. UNOPS shall prepare minutes of the clarification meeting and communicate them in writing directly to all bidders which received the bid documents directly from UNOPS if the ITB was not available online, and/or, if the ITB was available online or if stated in the Bid Particulars in Section I, the minutes will be posted online without disclosing the names of the bidders who attended the clarification meeting, shortly after the clarification meeting. 10. SITE INSPECTION Unless otherwise instructed in writing by UNOPS, a site visit will only be held if stated in the Bid Particulars in Section I, at the time and place and in accordance with any instructions set out in the Bid Particulars in Section I. If the Bid Particulars in Section I state that a site inspection shall be mandatory, a bidder which does not attend the site inspection shall become ineligible to submit a bid under this ITB. Bidders participating in a site inspection shall be responsible for:

(i) arranging for and wearing personal protective equipment, including at a minimum safety helmets, boots and reflective vests; and

(ii) making and obtaining any visa arrangements that may be required for the bidders to participate in a site inspection.

Prior to attending a site inspection, bidders shall execute an indemnity and a waiver releasing UNOPS in respect of any liability that may arise from:

(i) loss of or damage to any real or personal property;


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(ii) personal injury, disease or illness to, or death of, any person;

(iii) financial loss or expense, arising out of the carrying out of that site inspection; and

(iv) transportation by UNOPS to the site (if provided) as a result of any accidents or malicious acts by third parties.

UNOPS will not issue any formal answers to questions from bidders regarding the ITB or bid process during a site visit. All questions shall be submitted in accordance with Article 8. A site visit will be conducted for the purpose of providing background information only. Without limiting Article 6, bidders shall not rely upon any information, statement or representation made at a site visit unless that information, statement or representation is confirmed by UNOPS in writing. 11. CONTENT OF BID SUBMISSIONS 11.1 Returnable Bid Schedules Bids shall include only a fully completed and dated set of the Returnable Bid Schedules, including only the information required by each Returnable Bid Schedule, either completed on the Returnable Bid Schedule document or annexed to the document, as the case may be, each signed in accordance with Article 19 by a person authorised by the bidder to bind it. The Returnable Bid Schedules are set out in Section IV. 11.2 Other Information Bids submitted shall only include information required to be submitted in accordance with the ITB. 12. REMUNERATION FOR AND COSTS OF BIDS Bidders shall not be entitled to any remuneration or compensation for the preparation and submission of their bid. Bidders acknowledge that their participation in any stage of the bid process for this ITB is at the bidders' own risk and cost. UNOPS shall not be responsible for any costs or expenses incurred by bidders in the preparation and submission of bids or participation in the bid process, including as part of any clarification meeting or site or plant inspection. UNOPS is not liable to bidders for any costs, expense or loss on any legal, contractual, quasi contractual or restitutionary basis incurred or suffered in connection with the ITB or bidders' participation in the bid process, including where:

(i) clarifications and addenda are provided or not provided to bidders;

(ii) a bidder is not selected or not engaged to carry out the works;


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(iii) UNOPS varies, terminates, suspends or delays any aspect of the bid process or conducts another process in its place;

(iv) UNOPS elects not to proceed with the ITB in whole or in part; or

(v) UNOPS exercises any rights under the ITB. 13. BID VALIDITY PERIOD Bids shall remain valid for acceptance by UNOPS/HCI for the entire period set out in the Bid Particulars in Section I. A bid valid for a shorter period of time shall be rejected. Prior to expiration of the bid validity period, UNOPS may request in writing that the bidders extend the validity of their bids with the same conditions. The bid of Bidders who decline to extend the validity of their bid shall become disqualified as no longer valid. 14. PARTIAL BIDS Bidders shall respond to all applicable Returnable Bid Schedules and shall bid for all sections of the works. UNOPS will NOT accept bids for one or several sections of the works only, nor will UNOPS accept bids for only part of the works or part of any section of the works. 15. ALTERNATIVE BIDS Alternative bids will not be evaluated unless stated otherwise in the Bid Particulars in Section I. If a bidder submits an alternative bid, it shall mark the original bid as “Initial Bid” and any subsequent bid as “Alternative Bid”. If the Bid Particulars in Section I do not state that alternative bids may be evaluated, and a bidder submits more than one bid:

(i) All bids marked as “Alternative Bid” will be disqualified and only the bid marked as “Initial Bid” will be evaluated; or,

(ii) All bids will be rejected if no indication is provided as to which bid is the original bid and which is/are the alternative bid(s).

If: (i) the Bid Particulars in Section I state that alternative bids may be evaluated;

(ii) the bidder has submitted an Initial Bid and an Alternative Bid which meets the

requirements of this Article 15; and

(iii) the bidder's Initial Bid has been evaluated and that bidder has been assessed as the preferred bidder,

then UNOPS may consider, entirely in its own discretion, the Alternative Bid of the preferred bidder.


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16. BID SECURITY If the Bid Particulars in Section I state that bidders shall provide bid security, the bid security shall be in the form set out in Returnable Bid Schedule 2 – Form of Bid Security (see Section IV) and shall be for the amount set out in the Bid Particulars in Section I. The bid security shall be issued by a reputable banking institution. Reputable banking institutions are banks certified by the central bank of the country where the bank is located, to operate as a commercial bank. UNOPS may, at its discretion, reject any bid security that does not comply with this requirement. The bid security shall be valid for a period of 30 days beyond the Bid Validity Period, as may be extended, after which this bank guarantee will automatically become null and void, unless a dispute arises in relation to this bank guarantee. HCI shall have the right to request payment under the bid security:

(i) if the bidder withdraws its bid after the Deadline for Submission of Bids and prior to the end of the Bid Validity Period, as may be extended; or

(ii) in the case of a successful bidder, if the bidder fails to sign the Contract resulting from this bid process in accordance with the terms and conditions set forth in its bid; or

(iii) if the bidder fails to furnish a performance security in accordance with the Contract, if any is required.

Unsuccessful bidders shall liaise with UNOPS/HCI to collect their bid security, which UNOPS/HCI shall make available to bidders within fifteen days after it has expired. UNOPS/HCI shall return the bid security to the successful bidder(s) within 15 days after HCI and successful bidder(s) have entered into the contracts(s). 17. BID CURRENCIE(S) Prices in the bid shall be quoted in the currenc(ies) stated in the Bid Particulars in Section I. If applicable, for comparison and evaluation purposes, UNOPS will convert the bid prices into INR at the official HCI rate of exchange in force at the time of the Deadline for Bid Submission. Bid Prices shall be fixed. Bids with adjustable Bid Prices shall be disqualified. 18. DUTIES AND TAXES HCI is a tax exempt entity. All bids shall be submitted net of any direct taxes and any other taxes and duties, unless otherwise specified in the Bid Particulars in Section I. 19. BID FORMAT A bid shall contain no interlineations, erasures, or overwriting. If necessary to correct errors made by a Bidder, hand written corrections to the bid may be made before the submission


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and/or the Deadline for Bid Submission. In this case, such corrections shall be initialed by the person or persons who signed the bid. Bids shall be signed by the person authorized to do so in Returnable Bid Schedule 1 – Form of Bid (see Section IV). That person shall be authorized by the bidder to bind the bidder. A copy of such authorization shall be submitted along with the bid. 20. LANGUAGE OF BIDS All bids, information, documents and correspondence exchanged between UNOPS and the bidders in relation to this bid process shall be in the language set out in the Bid Particulars in Section I. Supporting documents may be submitted in their original language. If such language is different from that set out in the Bid Particulars in Section I, the supporting documents shall be submitted together with a translation of the supporting documents’ relevant excerpts. 21. DEADLINE FOR BID SUBMISSION All bids shall be received by UNOPS by no later than the time and date set out in the Bid Particulars in Section I. It shall be the sole responsibility of the bidders to ensure that their bid is received by the Closing Date. UNOPS may reject any bid received after the Deadline for Bid Submission. Bids submitted after the Deadline for Bid Submission shall be rejected.

22. WITHDRAWAL, SUBSTITUTION, AND MODIFICATION OF BIDS Prior to the Deadline for Bid Submission, a bidder may withdraw, substitute, or modify its bid after it has been submitted by sending a written notice to UNOPS. After the deadline for submission of the bids, however, the bids shall remain valid and open for acceptance by UNOPS for the entire Bid Validity Period, as may be extended. If a bidder withdraws its bid after the Deadline for Submission of Bids and prior to the expiration of the Bid Validity Period, as may be extended, HCI may retain the bidder’s Bid Security, if any has been required in accordance with Article 16. Bid for which withdrawal has been requested prior to the deadline for submission of the bids shall be made available for collection by the bidder that submitted it within 15 days of its withdrawal. Otherwise, UNOPS shall have the right to discard such bid unopened without further notice to the Bidder. UNOPS shall not be responsible to return the bid to the Bidder at UNOPS’ costs. 23. BID SUBMISSION All bids shall be submitted to UNOPS in accordance with the requirements set out in this ITB. Bids that are not submitted in accordance with the provisions set out in this ITB shall be rejected.


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24. OPENING OF BIDS Bids will be opened at the time and location, and in accordance with the requirements, set out in the Bid Particulars in Section I. Bidders may attend the opening of the bids. However, they shall not be allowed to attend the evaluation of the bids. 25. EVALUATION METHOD AND CRITERIA UNOPS shall evaluate bids and select a preferred bidder pursuant to Section III of this ITB. 26. OTHER UNOPS RIGHTS Subject to Section III of the ITB, UNOPS shall have no obligation to accept any bid, including the bid with the lowest price. UNOPS may, in its absolute discretion, do all or any of the following:

(i) require additional information from bidders;

(ii) change the structure and timing of the ITB;

(iii) alter, terminate, suspend or defer the bid process or any part of or activity in it;

(iv) consider or accept or reject any bid which is non-conforming;

(v) request, attend or conduct any site inspections or clarification meetings;

(vi) request, attend or observe any product, plant, equipment or other demonstration, trial or test, provided UNOPS acts reasonably in so doing;

(vii) abandon, cancel or otherwise not proceed with the bid process at any time prior to the award of a contract, without any liability toward the bidders and without providing any reason or notice to bidders.

27. COLLECTION OF REJECTED OR UNSUCCESSFUL BIDS UNOPS shall not return any rejected or unsuccessful bids to the bidders, except for late bids, which will be available for collection by the bidders within fifteen days of the rejection. 28. CONFIDENTIALITY All information and documents provided to the bidders by UNOPS shall be treated as confidential by the bidders and shall:

(i) remain the property of UNOPS;

(ii) not be used for any purpose other than the purpose of preparing a bid; and


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(iii) be immediately returned to UNOPS in the event the bidder declines to respond to this ITB, or, in the event of a rejected or an unsuccessful bid, within fifteen days of being notified by UNOPS that its bid was rejected or unsuccessful.

All information and documents provided to the bidders by UNOPS shall not be disclosed to any third party, except:

(i) with the prior written consent of UNOPS;

(ii) where the third party is assisting a bidder in preparing the bid, provided the bidder has previously ensured that party's adherence to this duty of confidentiality;

(iii) if the information or documents is/are at the time of this ITB lawfully in the possession of the bidder through a party other than UNOPS;

(iv) if required by law, and provided that the bidder has previously informed UNOPS in writing of its obligation to disclose the information or documents; or

(v) if the information is generally and publicly available other than as a result of breach of confidence by the person receiving the information.

29. ETHICS AND CORRUPT PRACTICES UNOPS requires that all bidders observe the highest standard of ethics during the entire bid process, as well as the duration of any contract that may be awarded as a result of this bid process. Therefore, all bidders shall represent and warrant that they:

(i) have not unduly obtained, or attempted to unduly obtain, any confidential information in connection with the bid process and any contract that may be awarded a result of this bid process;

(ii) have no conflict of interest that would prevent them from entering into a contract with HCI, and shall have no interest in other bidders or parties involved in this bid process or in the project underlying this bid process;

(iii) have not engaged, or attempted to engage, in any Corrupt Practices in

connection with this bid process or the contract that may be awarded as a result of this bid process. For the purposes of this provision, Corrupt Practices shall mean any of the following: bribery: the act of unduly offering, giving, receiving or soliciting anything of

value to influence the process of procuring works, or executing contracts; extortion or coercion: the act of attempting to influence the process of

procuring works, or executing contracts by means of threat of injury to person, property or reputation;

fraud: the misrepresentation of information or facts for the purpose of influencing the process of procuring works, or executing the contracts, to the detriment of UNOPS or other participants; or

collusion: the agreement between bidders designed to result in bids at artificial prices that are not competitive.


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(iv) have not been involved in, either directly or indirectly, nor have they funded,

either directly or indirectly, any terrorist activities, notably upon basis of the consolidated list of individuals belonging to or associated with terrorist entities as established and maintained by the United Nations 1267 Committee.

In the event that a bidder fails to comply with any of the above representations and warranties, UNOPS shall have the right to reject the bid submitted by such bidder, and to terminate any contract that may have been awarded as a result of this bid process immediately upon notice, without any liability for termination charges or any other liability of any kind of UNOPS. In addition, the bidder may be precluded from doing business with UNOPS and any other entity of the United Nations System in the future. 30. AUDIT Any bidder participating in this bid process shall agree to cooperate with the Office of Internal Oversight Services of the United Nations, UNOPS Internal Audit and Investigations Group as well as with any other investigation units authorized by UNOPS Executive Director and UNOPS Ethics Officer to investigate any allegation of misconduct, and in particular any allegation of a breach of Article 29 above, in connection with this bid process or any contract that may be awarded as a result of this bid process. In cooperating with UNOPS, the bidders shall give access to UNOPS, upon written request, to all employees, representatives, agents and assignees, as well as to all documents, records and other elements of the bidder that may be required to conduct such investigation. The failure of a bidder to comply with any of the above representations and warranties shall give UNOPS the right to disqualify the bid submitted by such bidder, and to terminate any contract that may have been awarded as a result of this bid process immediately upon notice, without any liability for termination charges or any other liability of any kind of UNOPS. In addition, the bidder may be precluded from doing business with UNOPS and any other entity of the United Nations System in the future. 31. BID PROTEST Any bidder that believes to have been unjustly treated in connection with this bid process or any contract that may be awarded as a result of such bid process may submit a complaint to UNOPS’ General Counsel. More information about bid protests can be found on UNOPS’ website at www.unops.org.


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Operational excellence for results that matter Operational excellence for results that matterINVITATION TO BID Schedules Operational excellence for results that matter

SECTION III EVALUATION METHOD AND CRITERIA

32. EVALUATION Bids that have passed the preliminary examination (Article 24 of the ITB) shall be evaluated according to a two-step procedure. Evaluation of the Technical component shall be completed prior to any price component being opened and compared. Firstly, bids shall be evaluated for technical compliance based on:

1. Experience of the Bidder

2. Personnel Qualification of the Bidder

3. Equipment schedule proposed for the project

4. Methodology & preliminary programme of work & cash flow forecast

5. Financial Capacity

Secondly, bids that are found to be technically compliant shall be evaluated based on price and value for money, analyzing all relevant costs, risks and benefits of each bid throughout the whole life cycle of the works and in the context of the project as a whole. The lowest priced bid will not necessarily be accepted. 33. CRITERIA

Technical Evaluation Criteria:

Technical evaluation shall be based on allocation of points in the following basis;

Following details provided for each and every package offered by the bidder shall be evaluated separately. Therefore, the following details relevant to each package shall be submitted separately. Implementation of one package shall not be affected by another, if a bidder is awarded more than one package. Therefore, it has to be planned and resources has to be allocated as such that each package can be implemented simultaneously and completed within the allocated time period for completion as referred in the Letter of Invitation and the Section V – model contract.

Total number of points that is obtainable for the Technical component under each package shall be 100 points.

1. Experience of the Bidder - 30 points

2. Personnel Qualification of the Bidder - 20 points

3. Equipment schedule proposed for the project - 10 points

4. Methodology & preliminary programme of work & cash flow forecast - 25 points

5. Financial Capacity - 15 points

The Bidders that obtain a minimum of 25% of the marks allocated under each category (Category 1 to 5) above and obtain an aggregate of 60 points or more out of the maximum of 100 points are considered “Technically Compliant”.

The evaluation criteria reflect the information being requested in the Returnable Bid Schedules.

Some of the Returnable Bid Schedules will get points, whereas evaluation criteria for some of the schedules are marked as ‘Check and clarify’ and ‘Pass fail’ as listed below.


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If a bid fails a “pass fail” criteria they are ineligible and require no further evaluation.

Non compliance with ‘Check and clarify’ evaluation criteria, such as those established under schedules 1, 3, 7,9,11,12,13,14 below, may be rectified by the bidders prior to their (non) selection. Missing historical documents in the points allocating schedules may also be requested from the bidders by UNOPS at its own discretion through bid clarification process.

Returnable Bid Schedule 1 - Form of Bid

Package name and number of the packages that are offered by the bidder shall be clearly specified in the Form of Bid. If there’s any discrepancy, bidders shall be called for clarifications.

The bidder’s form of bid is correctly filled out and dully signed. Check and clarify Returnable Bid Schedule 2 - Bid Security The bidder’s bid security complies with the ITB’s requirement. Pass / Fail Returnable Bid Schedule 3 - Bidder Details The bidder’s details are correctly filled out. Check and clarify Returnable Bid Schedule 5 - Preliminary Programme & cash flow Forecast The allocated time period for all the packages are as listed below.

Package

No Sub Project No Name of the Contract

Time for completion

1 SL35P1-0101 Boundary Wall, Fencing, Gates and Entrance Buildings

5 months

2 SL35P1-0102 Internal road network 6 months

3 SL35P1-0103 Pipe Laying, Water Tank, Sump and Water Treatment Plant

6 months

4 SL35P1-0104 Service Building and External Electrical Work

6 months

5 SL35P1-0105 Waste Water Disposal System and Landscaping

5 months

6 SL35P1-0106 Fire Protection System and Fire Sump

5 months


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The bidder’s preliminary program shall demonstrates the bidder’s capacity to plan and programme the works within timelines that are consistent with industry practice, the project requirements and UNOPS' project technical staff programme. Separate programmes and cash flow forecasts shall be provided for each and every package proposed by the bidder. Programmes shall be presented in Gantt Charts using Microsoft Project & cash flow shall relate with programme. If the time period indicated for the substantial completion exceeds duration mentioned above for any package, it shall carry zero marks for the evaluation. Total Points – 15 points

i. Preliminary work programme - 10 points ii. Cash flow forecast - 5 points

Returnable Bid Schedule 6 – Project Team and Organisational Structure The minimum requirement of the key personnel to be employed for the execution of the works is listed in the Returnable Bid schedule 6. The bidder’s project team and organizational structure demonstrate the capacity of the bidder’s core team and shall fulfill the minimum requirement to execute the works and should include all essential roles filled with people of the required experience. CV’s should be used to verify the experience of the bidder’s personnel. The details shall be submitted separately per each package. Total Points - 20 points

i. List of proposed key personnel for the project - 10 points

ii. Submission of CVs and relevant certificates - 10 points

Returnable Bid Schedule 7 – Insurances The bidder’s insurances comply with the ITB’s requirements. Check and Clarify Returnable Bid Schedule 8 – Capacity Experience, Work in Hand and Completed. 1. Number of similar contracts executed successfully during the last five [05] years.

Each project listed shall be supported by certification from the respective Client for satisfactory completion of the services. Experience without client certificate will not be accepted. Total Points - 30 points

i. Up to two projects - 10 points ii. From three to five projects - 20 points iii. More than five - 30 points

2. Total turnover of all contracts within the last three [03] years. Minimum Turnover shall be LKR 100 million or equivalent. Audited financial reports shall be provided as a proof of the financial data provided with the bid. Total Points – 15 points 3. Capacity to undertake this contract within current workload.

To get the pass mark for this criterion, the number of similar (in value) projects in hand shall not be more than eight [08]. If the project is nearly in completion (90% to 100%), it will not be considered as a project in hand. Pass / Fail

4. Key assets/Equipments that the bidder shall demonstrate adequate ownership of, or access to: Minimum required list of machineries and equipment per each package is as shown in schedule 8. Separate lists for each package shall be submitted in fulfilling this minimum requirement. Total points – 10 points


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Returnable Bid Schedule 9 – Works Management System The bidder’s quality or implementation manual and preliminary plan demonstrate the bidder’s capacity to consistently be able to construct works to the required quality. Check and clarify Returnable Bid Schedule 10 – Outline Statement of Proposed Methods The bidder’s proposed method statement demonstrates the bidder’s capacity to plan and execute the works in a professional and properly staged manner. The details shall be submitted separately per each bidding package. Total Points - 10 points Returnable Bid Schedule 11 – Declaration The bidder’s declaration is correctly filled out. Check and clarify Returnable Bid Schedule 12 – Conflict of Interest The bidder’s filled out this schedule. Check and clarify Returnable Bid Schedule 13 – Dispute Details The bidder’s filled out this schedule. Check and clarify Returnable Bid Schedule 14 – Addenda to ITB The bidder’s filled out this schedule. Check and clarify Financial Evaluation Criteria

The Price components of tenders of “Technically Compliant” Bidder’s shall only be evaluated on the following basis. Price components of each package shall be evaluated separately.

(II) The quoted price for each item is compared with UNOPS’ Engineer’s Estimate of the respective item. Noticeable discrepancies of the bidder’s rates of each bid shall be identified and noted. Any bid with an unacceptable pricing pattern shall be rejected if the bidder could not submit valid explanation for same.

(III) To assist in the examination, evaluation and comparison of bids, UNOPS may, at its discretion, ask any bidder for clarifications, including but not limited to breakdown of unit rates. All requests for clarification shall be issued and responded to in writing and no change in the price or substance of the bid shall be sought, offered or permitted, except as required in order to allow for correction of arithmetic errors discovered by UNOPS.

(IV) Discrepancies and errors in the Price Component of the Tender will be corrected as follows:

a) Where there is a discrepancy between the total amount in figures and in words, the corrected amount in figures will govern; and

b) where there is a discrepancy between the unit rate and the line item total resulting from multiplying the unit rate by the quantity, the quoted unit rate will govern, unless in the opinion of UNOPS there is an obviously gross misplacement of the decimal point in the unit rate, in which case the unit rate will be corrected and the line item total respected or corrected in accordance with this paragraph, if need be.


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and

c) If there is a discrepancy in between the sum in the Covering letter of the Price component and the quoted total sum of the BOQ, the lowest value is taken as the contract sum and the rates shall be adjusted accordingly.

(V) The amount stated in the Bid shall be adjusted by UNOPS in accordance with the above procedure for the correction of errors and, with the concurrence of the bidder, shall be considered as binding upon the bidder. If the bidder does not accept the corrected amount, the bid will be rejected.

35. AWARD CRITERIA

UNOPS will recommend to the High Commission of India in Sri Lanka to award the contract(s) to the lowest evaluated priced bidder(s) of the “Technically Compliant” bids.

It shall be noted that all six packages of this ITB are linked together. If a bidder does not have capacity to perform all packages for which it is lowest priced technically compliant, UNOPS reserves the right to recommend the award each of the affected packages in a manner which achieves the best overall value-for-money combination.

If a bidder is lowest in more than one package, the bidder’s capacity shall be re-evaluated for the following criteria based on the number of packages that the bidder is lowest.

1. Personnel Qualification of the Bidder

Different teams shall be allocated for each package.

Criteria: Complaint/non-complaint.

2. Equipment schedule proposed for the project

Equipments shall be listed separately per each package.

Criteria: Complaint/non-complaint.

3. Financial Capacity

Minimum Turnover of all contracts completed within last three [03] years shall be more than 3 times of the offered total of packages, that the bidder is successful. Capacity to undertake this contract within current workload shall also be evaluated.

Criteria: Compliant/non-compliant

The Successful Bidder(s) will be notified about HCI’ intention to award the Contract(s) for the works stipulated through a Letter of Intent.

The successful Bidder(s), within ten (10) calendar days from the receipt of the Letter of Intent from HCI shall submit a performance bond in the format attached to this document – Section V, from a bank acceptable to HCI, for a sum equivalent to 10% of the Contract Price and all other insurance certificates as stipulated in Section V of this Invitation to Bid. Upon submission and acceptance of all the above mentioned documents by HCI, the contract(s) will be signed by both parties. Works shall be commenced within (07) calendar days upon signing of the contract by both parties.


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SECTION IV RETURNABLE BID SCHEDULES


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RETURNABLE BID SCHEDULE 1 FORM OF BID

Director & Representative United Nations Office for Project Services Sri Lanka Operations Centre UNOPS-LKOC 118/5, Nawala Road Colombo 05 Sri Lanka Dear Sir/Madam, Subject: Construction of Infrastructure Facilities for Atchchuvali Industrial Estate – Phase I in Jaffna District, Sri Lanka funded by the Government of India ITB Case No.: LKOC / CMB / GIU / 80484 / 12 - 008 1. We, [Name of Bidder], hereby submit a bid for the construction of the above-

referenced works in response to the above-referenced ITB.

2. We warrant that in preparing and submitting this bid, we have complied with, and are willing to be bound by, any and all of the requirements and provisions of the above-referenced ITB, including the terms and conditions of the Contract as set out in Section V of the ITB.

3. Based on the above, our proposed packages are as follows.(insert package

number and name)

4. Our bid shall remain valid for UNOPS’ acceptance until ninety (90) days from the Closing Date.

5. We acknowledge and agree that: subject to Section III of the ITB, UNOPS is not bound to accept the lowest bid

or any other bid it may receive in response to the above-referenced ITB; High Commission of India (HCI) in Sri Lanka will award the contract(s) to the

successful contractor(s) based on the UNOPS’ recommendation. no liability of HCI and no binding contract exists until the Contract is executed

by both parties; each party constituting the bidder is bound jointly and severally by this bid;

6. If we attend a site inspection we agree to release UNOPS from all, and indemnify

UNOPS in respect of any damage, expense, loss or liability of any nature suffered or incurred by UNOPS as a result of; (i) loss of or damage to any real or personal property;

(ii) personal injury, disease or illness to, or death of, any person;

(iii) financial loss or expense, arising out of the carrying out of that site inspection;

and


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(iv) transportation by UNOPS to the site (if provided) as a result of any accidents or malicious acts by third parties.

7. Enclosed is a bid security in the sum of [insert amount] in the form set out in the

Returnable Bid Schedule 2 – Form of Bid Security, issued by [insert name of bank]. I, the undersigned, certify that I am duly authorized by [insert name of bidder] to sign this bid and bind [insert name of bidder] should UNOPS accept this bid: Name: ________________________________________________________________ Title: _________________________________________________________________ Date: _________________________________________________________________ Signature: _____________________________________________________________ In witness of: Name: ________________________________________________________________ Title: __________________________________________________________________ Date: _________________________________________________________________ Signature: _____________________________________________________________ [Stamp form of bid with official stamp of the bidder]


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RETURNABLE BID SCHEDULE 2

FORM OF BID SECURITY

BANK GUARANTEE FOR BID

[Insert Letterhead of Bank] Date: [insert]

To: The First Secretary (Development Cooperation), High Commission of India

36-38, Galle Road, Colombo 03, Sri Lanka

Tender for ____________________________

Gentlemen:

In accordance with the Invitation to Tender, of the above-mentioned Tender, __________________________________ (hereinafter called “the Bidder”) shall deposit with The First Secretary (Development Cooperation), High Commission of India (hereinafter called “the HCI”) a bank guarantee to guarantee his proper and faithful performance under the said Tender in an amount of __________________

We, the ________________________ as instructed by the Bidder, agree unconditionally, and irrevocably to guarantee as primary obligator and not as Surety merely, the payment to the First Secretary, HCI on his first demand without whatsoever right of objection on our part and without his first claim to the Bidder, in the amount not exceeding ________________________________________________________

We further agree that no change or addition to or other modification of the terms of the Contract or of Works to be performed there under or of any of the Contract documents which may be made between the First Secretary, HCI and the Bidder, shall in any way release us from any liability under this guarantee, and we hereby waive notice of any such change, addition or modification.

This guarantee shall remain valid for a period of 150 calendar days and in full effect from the date of the Tender closing under the Contract.

Yours truly,

SIGNATURE AND SEAL : _____________________________________

Name of Bank : _____________________________________

Address : _____________________________________

Date : _____________________________________

1 Give the name of Contract as given in the Tender document

2 Insert name of Bidder and address

3 Insert value of the guarantee in words and figures

4 Insert name of Bank


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BIDDER'S DETAILS ITB Case No.: _______________________________________________________________________ Name of bidder: _______________________________________________________________________ Trade Licence title and No.: _______________________________________________________________________ Address of registered office:_________________________________________________ _______________________________________________________________________ Name of bidder representative: _______________________________________________________________________ Address for service of notices (if different than above): _______________________________________________________________________ _______________________________________________________________________ Phone number: _______________________________________________________________________ Facsimile number: _______________________________________________________________________ Mobile phone number: _______________________________________________________________________ Email: _______________________________________________________________________ The following documents shall be attached with this schedule: Copy of Business Registration Copy of ICTAD registration Copy of VAT Registration Power of Attorney from the company for the person who signs the Bid


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BILL OF QUANTITIES

(BOQS ARE SEPERATELY BOUND FOR EACH PACKAGE)

ITB Case No.: _____________________________________________________________ Name of bidder: ____________________________________________________________ Date: ____________________________________________________________________ Signature: ________________________________________________________________ Note to bidders: Bidders shall provide rates and/or prices for all items listed in the Bill of Quantities and Day work Rates. Where an item is not priced and/or a rate is not provided in the Bill of Quantities such price and/or rate shall be deemed to be allowed for and included in other rates or prices contained in the Bill of Quantities.

The dully filled and signed BOQs with a covering letter indicating the price of each package, shall be sealed in a separate envelope marked as “Price component”


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BIDDER PRELIMINARY PROGRAMME

ITB Case No.:______________________________________________________________ Name of bidder: ____________________________________________________________ Date: ____________________________________________________________________ Signature: ________________________________________________________________ Note to bidders: Bidders shall submit a preliminary programme for the execution of the works. Bidders are required to make their own detailed assessment of the time, work methods and activities that shall be required for the successful and timely completion of the works, and shall submit their bid on the basis of an assurance that the works can be completed by the Time for Completion and the milestone dates identified in the Contract. The preliminary programme shall be prepared in sufficient detail to enable UNOPS to adequately evaluate the planned execution, staging and allocation of resources for the works. The preliminary programme shall show the dates when the milestones identified in the Contract shall be achieved. It shall also include and/or be accompanied by:

(i) a programme narrative that describes the mechanisms and assumptions made in preparing the programme; and

(ii) a critical path analysis for the execution of the works which shall clearly show the float times available within the programme and the earliest start/earliest finish and latest start/latest finish times for each and every activity.

If a bidder is selected as the preferred bidder, it shall be required to further develop and complete this programme in accordance with the contract for works.


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PROPOSED PROJECT TEAM AND ORGANIZATIONAL STRUCTURE ITB Case No.:______________________________________________________________ Name of bidder: ____________________________________________________________ Date: ____________________________________________________________________ Signature: ________________________________________________________________ Signature: ________________________________________________________________ Note to bidders: Bidders shall set out below: 1. the minimum requirement of key personnel for the execution of the works is as

follows One number of Project Manager BSc (or equivalent) in Engineering (civil or

relevant specialisation) with three years of experience in similar works.. Two numbers of Technical Officers (Technical Diploma in (Civil or relevant

specialisation) Engineering with three years of experience in similar works. One number of Quality Assurance Officer with three years of experience in

similar works. 2. the key personnel that the bidder proposes to assign to the execution of the works;

3. the qualifications and relevant experience of each of the key personnel that the

bidder proposes to assign to the execution of the works, including a CV/resume for each of the key personnel;

4. the proposed organisational structure for carrying out the works. Bidders are to

attach a chart indicating the bidder's organisation structure; and

the bidder’s representatives who are authorized to sign Contract. The bidder shall provide a copy of such authorization.


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Key Staff Proposed for the Project

For specific key positions essential to contract implementation, Bidder must provide the names and CV’s of candidates qualified to meet the specified requirements stated for each position.

Head Office Staff

Title of Position

Name

Qualifications Contact No

1.

2.

3.

4.

5.

Site Staff

Title of Position

Name

Qualifications Contact No

1.

2.

3.

4.

5.

Note: (1) Details shall be completed for all companies separately in the application as either individual contractor in case of a joint venture.

Contractor's Representative as per the Contract: No. Position Description Name Years Exp 1 Contractors Representative [Insert Name] [Insert No.]


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INSURANCES ITB Case No.:______________________________________________________________ Name of bidder: ____________________________________________________________ Date: ____________________________________________________________________ Signature: ________________________________________________________________ Note to bidders:

1. Bidders are to provide details of the following insurance policies required under Schedule 14 of the Contract.

2. Bidders are advised that UNOPS may request copies of the below insurance policies and any endorsements during the review of bids, including amounts of any deductibles and all exclusions.

3. The successful bidder has to provide the Construction All Risks Insurance for the Full Estimated Contract Value and Third Party Liability Insurance for LKR 500,000 for any one occurrence without limiting the number of occurrences.

4. Bidders may indicate here that the following required insurance polices (if they currently don’t have any) would be obtained upon the award of the contract.

1. Construction All Risks Insurance/Third Party Liability Insurance Name of Insurer: Policy No.: Insured Amount: Renewal Date: Name of Broker: Contact details of Broker:

2. Workers’ Compensation/Employer’s Liability Insurance Name of Insurer: Policy No.: Insured Amount: Renewal Date: Name of Broker: Contact details of Broker:

3. Contractor’s Plant and Equipment Insurance Name of Insurer:

Policy No:

Insured Amount:

Renewal Date:

Name of Broker:

Contact details of Broker:


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CAPACITY, EXPERIENCE, WORK IN HAND AND WORK COMPLETED ITB Case No.:______________________________________________________________ Name of bidder: ____________________________________________________________ Date: ____________________________________________________________________ Signature: ________________________________________________________________ 1. Similar projects during the last 05 years:

[List names, locations and value]

Note: Each project listed shall be supported by certification from the respective Client for satisfactory completion of the services. Experience without client certificate will not be accepted. Use form I & II for the details.

FORM I

Similar Construction Works Completed Within Last Five Years

No Name of Contract Employer Contract Value

Date of Completion

Note: (1) Completion Certificates from the clients and respective Consultants shall be submitted to effect that the works have been successfully completed.


Note: (3) Use separate sheets for more entries


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FORM II

Contracts completed within last 5 years as specified in Data Sheet and employee (Client/Consultant) recommended certificates should be attached for evidence

Use a separate sheet for each contract listed in Form I. Reference for satisfactory completion should be attached.

1. Name of contract

2. Name of Employer

3. Employer’s

Address & Contact details

(Telephone, e-mail, fax)

4. Nature of works and special features relevant to the contract for which the bidder wishes to bid

6. Value of the total contract;

at date of award……….

at completion …………

To date (for contracts in progress) …………………

7. Date of award

8. Date of completion

9 Contract duration ……………………….months

10 Client certificate attached herewith Yes/No



34


2. All projects during the last 3 years: [List names, locations and value]

FORM III

All Construction Works Completed Within Last Three Years

Name of Contract Employer Contract Value

Date of Completion

1.

2.

3.

4.

5

6.

7.

Note: (1) Use separate sheets for more entries

3. All current projects underway or committed to start: [List names, locations and value]

Form IV

List of All On-Going Contracts

Se no Name of Contract & Location

Value

( LKR)

Name of Client

Value of Work

Still to be Completed( LKR)

Expected Completion Date

Expected Average Monthly Cash Flow ( LKR)

1

2

3

4

Total Value

The work-in-progress shall be certified by the client or client and consultant whichever case may be. Applicants are required to attach such certificates. E-mail address and telephone number of such Clients and Consultants who can speak/write in English and are knowledgeable about the work should also be attached.

Note: (1) Details shall be completed for all companies separately in the application as either individual contractor, joint venture.


35


4. Assets [List information regarding relevant facilities, fixed and/or mobile plants and equipments that would be used on this project. If such facilities, fixed and/or mobile plants and equipments are not owned by the bidder, please include information on how facilities, fixed and/or mobile plants and equipments will be hired or leased.] Use form V for the details. Assets listed for each package will be evaluated separately

FORM V

List of Construction Equipment Proposed For The Project List of proposed plant and equipment which the applicant believes is required and which he intends to provide at project site only.

Description

(Type, Model, Make)

Nos

( If applicable)

Year Of

Manufacture

Owned or Leased

Capacity/ Performance /Size

(a) Attach documentary evidence of ownership such as registration, etc.

(b) Give Letter of Consent from owner for hired or leased plant.


Essential assets subject to evaluation for Packages 1 - Boundary Wall, Fencing, Gates and Entrance Buildings

Description of Equipments Quantity

Survey equipment(Levelling instrument)

1

Generator 1

Dump truck 1

Tractor with trailer 1

Poker Vibrator 1"-11/2" 2

Concrete Mixer (1 bag capacity) 2


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Essential assets subject to evaluation for Packages 2 - Internal road network


Excavator/Backhoe loader 1

Motor grader, 120 to 140 HP" 1

Water bowser, 6,000 ltr with spray bar

1

Hand roller, vibrator, 1/2-1 tonne 1

Bitumen hand sprayer 1

Vibratory roller 10 Ton 1

Pneumatic-tyred roller, 8 to 10 tones 1


1

Generator 2

Dump truck 1




Essential assets subject to evaluation for Packages 3 - Pipe Laying, Water Tank, Sump and Water Treatment Plant





Survey equipment (Levelling instrument)

1

Generator 2

Dump truck 1


Essential assets subject to evaluation for Packages 4 - Service Building and External Electrical Work






1

Generator 1



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Essential assets subject to evaluation for Packages 5 - Waste Water Disposal System and Landscaping






1

Generator 2

Dump truck 1


Essential assets subject to evaluation for Package 6 - Fire Protection System and Fire Sump



Lathe machine 1

Bending machine 1

Vibratory Rammer 1


1

Generator 2

Electrical grinder 2



38



WORKS MANAGEMENT SYSTEM ITB Case No.:______________________________________________________________ Name of bidder: ____________________________________________________________ Date: ____________________________________________________________________ Signature: ________________________________________________________________ Note to bidders: Bidders are required to provide the following information:

Project implementation/quality management

- Project implementation/quality management manual/policy (if any); - An outline project implementation/quality management plan for the project.

Health and safety management

- Health and safety management manual/policy (if any); - An outline health and safety management plan for the project.

Environmental management

- Environmental management manual/policy(if any); - An outline environmental management plan for the project.

After selection of the successful bidder, UNOPS, in consultation with the bidder, will

review above information with a view to determining how it can be integrated with UNOPS’ own works management system. Please note that UNOPS’ management system sets a standard minimum and shall apply by default.


39



OUTLINE STATEMENT OF PROPOSED METHODS

ITB Case No.:______________________________________________________________ Name of bidder: ____________________________________________________________ Date: ____________________________________________________________________ Signature: ________________________________________________________________ Note to Bidders: Bidders shall provide details of their proposed sources of naturally occurring materials, including aggregates, and outline statement method statement setting out how they intend to stage and construct the works and coordinate with the local authorities in order to obtain all required authorizations and make sure that the project will be implemented on schedule.

. Bidder shall provide a detailed method statement setting out: (i) how it proposes to stage and construct the works;

(ii) a description of how the bidder proposes to obtain all requisite NOC’s (no objection

certificates) from the relevant authorities prior to commencement of the works onsite; (iii) a statement describing its methodology for coordinating with the authorities and

complying with respective timescales for advance notification to enable works to commence on the project site in accordance with the programme to be submitted by the bidder with Returnable Bid Schedule 5; and

(iv) how it proposes to implement traffic management. Method of Statements provided for each package will be evaluated separately.


40



DECLARATION To: Director & Representative United Nations Office for Project Services Sri Lanka Operations Centre UNOPS-LKOC 118/5, Nawala Road Colombo 05 Sri Lanka Dear Sir/Madam, Subject: Construction of Infrastructure Facilities for Atchchuvali Industrial Estate – Phase I in Jaffna District, Sri Lanka funded by the Government of India

ITB Case No.: LKOC / CMB / GIU / 80484 / 12 - 008

I, [insert name and title], [insert title], do solemnly and sincerely declare that: 1. I am duly authorised by [Insert name of bidder] (the Bidder) to make this declaration

on its behalf.

2. I make this declaration on behalf of the Bidder. 3. Before the Bidder submitted its bid, neither the Bidder, nor any of its employees or

agents, had knowledge of the bid price proposed by any other bidder who submitted, or of any person, company, other body corporate or firm that proposed to submit, a bid in response to this ITB.

4. Before the closing date of this bid process, neither the Bidder, nor any of its employees or agents, disclosed the Bidder’s bid price to: (i) any other bidder who submitted a bid in response to this ITB; (ii) any person, company, other body corporate or firm proposing to submit a bid

in response to this ITB.

5. Neither the Bidder, nor any of its employees or agents, has provided information to: (i) any other bidder who has submitted a bid in response to this ITB; (ii) any person, company, other body corporate or firm proposing to submit a bid

in response to this ITB; or (iii) any other person, company, body corporate or firm for the purpose of

assisting in the preparation of a bid in response to this ITB.

6. The Bidder is genuinely competing for the Contract.

7. Neither the Bidder, nor any of its employees or agents, has entered into any contract, agreement, arrangement or understanding, other than as disclosed to UNOPS in the bid, that the successful bidder for the Contract shall pay any money to, or provide any other benefit or other financial advantage to, an industry association in respect of the Contract.


41


8. Neither the Bidder, nor any of its employees or agents, has entered into any contract,

agreement, arrangement or understanding that the successful bidder for the Contract shall pay any money to, or provide any other benefit or other financial advantage to, any other bidder who unsuccessfully tendered for the Contract.

9. Neither the Bidder, nor any of its employees or agents, has entered into any contract, agreement, arrangement or understanding that bidders for the Contract would include an identical or similar condition or qualification in their bids.

I acknowledge that this declaration is true and correct, and I make it in the belief that a person making a false declaration is liable to penalties. DECLARED at [insert place] on [insert date] before me: _______________________________________________________________________ Signature of authorised witness _______________________________________________________________________ Name of authorised witness (capital letters) _________________________________________________________________________Address of authorised witness ________________________________________________________________________ Witness’ Occupation _________________________________________________________________________ Signature of declaring


42



CONFLICTS OF INTEREST ITB Case No.:______________________________________________________________ Name of bidder: ____________________________________________________________ Date: ___________________________________________________________________ Signature: _______________________________________________________________ Bidder shall declare any actual or potential conflicts of interest which may arise with respect to the project as between: (i) HCI and the bidder; and (ii) HCI and any subcontractor (including consultants) proposed by the bidder


43



DISPUTE DETAILS ITB Case No.:______________________________________________________________ Name of bidder: ____________________________________________________________ Date: ____________________________________________________________________ Signature: _________________________________________________________________ Bidder shall submit a statement below providing details of any current contract dispute and/or arbitral or legal proceeding involving the bidder. The statement shall include details of any dispute which has been, or is reasonably likely to be, referred to formal dispute proceedings (e.g. mediation or arbitration) or is the subject of litigation in any court locally or overseas. This information shall be provided regardless of whether such action has been instigated by the bidder against a client or a client of the bidder against the bidder.


44



ADDENDA TO ITB ITB Case No.:______________________________________________________________ Name of bidder: ____________________________________________________________ Date: ____________________________________________________________________ Signature: _________________________________________________________________ We acknowledge receipt of the following Addenda, which have been taken into account in preparing the bid:

Addendum Number Dated


45


SECTION V: UNOPS SHORT FORM CONSTRUCTION CONTRACT

Short Form Construction Contract

DEVELOPMENT OF ATCHCHUVALI INDUSTRIAL ESTATE – PHASE 1 IN JAFFNA DISTRICT, SRI LANKA

Funded by the Government of India [Atlas Project Number 00080484]

Construction of Infrastructure Facilities

[Construction of insert name of the Package and Package No] in Jaffna District, Sri Lanka

(1) High Commission of India (“HCI”) in Sri Lanka - and -

(2) [insert the Contractor's name]

Contract No.: [insert] [insert month] 20[insert]

SHORT FORM CONSTRUCTION CONTRACT Operational excellence for results that matter

© UNOPS, 2011. All rights reserved. The Copyright owner of this work is UNOPS. This publication is exclusive for use as provided under the Licence Agreement between UNOPS and FIDIC, and, consequently, no part of this publication may be reproduced, translated, adapted, stored in a retrieval system or communicated, in any form or by any means, whether mechanical, electronic, magnetic, photocopying, recording or otherwise, without prior permission in writing from UNOPS. To request such permission, please contact: UNOPS Infrastructure Practice Copenhagen, Denmark FIDIC is not responsible for the accuracy or completeness of translations of this publication unless such translation explicitly indicates otherwise.

© UNOPS 2011 i


CONTENTS INSTRUMENT OF AGREEMENT .......................................................................................... 1

GENERAL CONDITIONS ....................................................................................................... 3

1. GENERAL PROVISIONS ........................................................................................... 3

1.1 Definitions ................................................................................................................... 3

1.2 Interpretation ............................................................................................................... 6

1.3 Priority of Documents .................................................................................................. 6

1.4 Language .................................................................................................................... 6

1.5 Communications ......................................................................................................... 6

1.6 Statutory Obligations ................................................................................................... 6

1.7 Assignment ................................................................................................................. 7

1.8 Confidential Details ..................................................................................................... 7

2. THE EMPLOYER ........................................................................................................ 7

2.1 Provision of Site .......................................................................................................... 7

2.2 Permits and Licences .................................................................................................. 7

2.3 Employer’s Instructions ............................................................................................... 7

2.4 Approvals .................................................................................................................... 8

3. EMPLOYER’S REPRESENTATIVES ......................................................................... 8

3.1 Employer’s Representative ......................................................................................... 8

3.2 Employer’s Representative’s Assistant ....................................................................... 8

4. THE CONTRACTOR & PERFORMANCE OF THE WORKS ..................................... 9

4.1 General Obligations .................................................................................................... 9

4.2 Contractor’s Representative ........................................................................................ 9

4.3 Subcontracting ............................................................................................................ 9

4.4 Bank Guarantee for Performance ............................................................................. 10

4.5 Contractor’s Personnel .............................................................................................. 10

4.6 Publicity and and Use of the Name, Emblem or official Seal of the Employer or United Nations ........................................................................................................... 11

© UNOPS 2011 ii


4.7 Mines ......................................................................................................................... 11

4.8 Official-Not-To-Benefit, Corruption and Fraud .......................................................... 11

4.9 Supply of Water ......................................................................................................... 12

4.10 Alcoholic Liquor or Drugs .......................................................................................... 12

4.11 Arms, Ammunition & Explosives ............................................................................... 12

4.12 Festivals and Religious Customs .............................................................................. 13

4.13 Epidemics .................................................................................................................. 13

4.14 Fundamental Principles and Rights at Work: ............................................................ 13

4.15 Child Labour .............................................................................................................. 13

4.16 Sexual Exploitation .................................................................................................... 14

4.17 Security of the Site .................................................................................................... 14

4.18 Unexploded Ordinances ............................................................................................ 14

5. DESIGN BY CONTRACTOR .................................................................................... 15

5.1 Contractor’s Design ................................................................................................... 15

5.2 Design by Contractor ................................................................................................ 15

6. EMPLOYER’S RISKS ............................................................................................... 15

6.1 Employer’s Risks ....................................................................................................... 15

7. TIME FOR COMPLETION ........................................................................................ 16

7.1 Execution of the Works ............................................................................................. 16

7.2 Programme ............................................................................................................... 16

7.3 Extension of Time ..................................................................................................... 16

7.4 Late Completion ........................................................................................................ 16

8. TAKING-OVER ......................................................................................................... 16

8.1 Completion ................................................................................................................ 16

8.2 Taking-Over Certificate ............................................................................................. 17

8.3 Testing ...................................................................................................................... 17

9. REMEDYING DEFECTS ........................................................................................... 17

9.1 Remedying Defects ................................................................................................... 17

© UNOPS 2011 iii


9.2 Uncovering and Testing ............................................................................................ 18

9.3 Final Completion Certificate ...................................................................................... 18

9.4 Unfulfilled Obligations ............................................................................................... 19

10. VARIATIONS AND CLAIMS .................................................................................... 19

10.1 Right to Vary ............................................................................................................. 19

10.2 Valuation of Variations .............................................................................................. 19

10.3 Notice of Delay .......................................................................................................... 20

10.4 Right to Claim ............................................................................................................ 20

10.5 Adjustments for Changes in Cost .............................................................................. 20

11. CONTRACT PRICE AND PAYMENT ....................................................................... 21

11.1 Contract Price & Valuation of the Works ................................................................... 21

11.2 Statements ................................................................................................................ 21

11.3 Advance Payment ..................................................................................................... 21

11.4 Interim Payment ........................................................................................................ 22

11.5 Payment of First Half of Retention ............................................................................ 22

11.6 Payment of Second Half Retention ........................................................................... 23

11.7 Final Payment ........................................................................................................... 23

11.8 Currency .................................................................................................................... 23

11.9 Delayed Payment ...................................................................................................... 23

11.10 Provisional Sums ...................................................................................................... 23

11.11 Audit and Investigations ............................................................................................ 23

12. DEFAULT & TERMINATION .................................................................................... 24

12.1 Default by Contractor ................................................................................................ 24

12.2 Default by Employer .................................................................................................. 25

12.3 Insolvency ................................................................................................................. 25

12.4 Payment upon Termination ....................................................................................... 25

12.5 Employer’s Entitlement to Terminate for Convenience ............................................. 26

12.6 Cessation of Work and Removal of Contractor’s Equipment .................................... 26

© UNOPS 2011 iv


13. RISK AND RESPONSIBILITY .................................................................................. 26

13.1 Contractor’s Care of the Works ................................................................................. 26

13.2 Force Majeure ........................................................................................................... 27

14. INSURANCE ............................................................................................................. 27

14.1 Extent of Cover ......................................................................................................... 27

14.2 Arrangements ............................................................................................................ 28

14.3 Failure to Insure ........................................................................................................ 28

15. RESOLUTION OF DISPUTES .................................................................................. 28

15.1 Dispute Resolution Procedure .................................................................................. 28

15.2 Conciliation ................................................................................................................ 29

15.3 Arbitration .................................................................................................................. 29

15.4 Dispute resolution not to delay execution of the Works ............................................ 29

15.5 Survival ..................................................................................................................... 30

16. PRIVILEGES AND IMMUNITIES .............................................................................. 30

PARTICULAR CONDITIONS ............................................................................................... 31

SCHEDULES ........................................................................................................................ 32

SCHEDULE 1 - SCHEDULE OF DETAILS

SCHEDULE 2 - SCHEDULE OF WORKS

SCHEDULE 3 - SCHEDULE OF SITE

SCHEDULE 4 - SCHEDULE OF CONTRACT PRICE

SCHEDULE 5 - SCHEDULE OF PAYMENT

SCHEDULE 6 - BILL OF QUANTITIES

SCHEDULE 7 - SCHEDULE OF PROGRAMME

SCHEDULE 8 - SCHEDULE OF KEY PERSONNEL

SCHEDULE 9 - SCHEDULE OF SECURITY

© UNOPS 2011 1


INSTRUMENT OF AGREEMENT

THIS CONTRACT is made on the ______________ day of ______________________ 20[insert].

BETWEEN

(1) The High Commission of India (“HCI”) in Sri Lanka having its postal address at [insert address ] ("Employer"); and

(2) [insert name], a [insert type of company i.e. limited liability] company incorporated under the laws of [insert] and having its registered address at [insert address], [insert name of city and country] ("Contractor").

BACKGROUND

A The Employer is in the process of implementing the Development of the Atchchuvali Industrial Estate in Jaffna District [insert the relevant package name], Sri Lanka.

B The Contractor has represented to the Employer that it has the appropriate experience, expertise, licences and resources to undertake the Works and has agreed to undertake the Works in accordance with the Contract.

C In reliance on the Contractor's representations the Employer has entered into the Contract.

D The Contract sets out the terms and conditions upon which the Contractor will undertake the Works.

THIS CONTRACT:

1. The Employer agrees to pay the Contractor the Contract Price, at the times and in the manner prescribed by the Contract, in consideration for the Contractor executing and completing the Works and remedying all defects in accordance with the Contract and otherwise performing all of its obligations in accordance with the Contract.

2. In the Contract words and expressions will have the same meanings as are respectively assigned to them in the General Conditions.

3. The following documents, listed in the order of priority, are deemed to form and be read and construed as part of the Contract:

3.1 this Instrument of Agreement;

3.2 the Schedule of Details;

3.3 the Particular Conditions;

3.4 the General Conditions;

3.5 the Specification;

3.6 the Drawings; and

3.7 the remaining Schedules.

© UNOPS 2011 2


SIGNING PAGE

IN WITNESS WHEREOF, the Parties have caused this Contract to be executed by their respective duly authorised representatives as of the date first written above:

SIGNED BY ____________________________________ [insert name of authorised signatory of HCI] Duly authorised to sign this Contract for and on behalf of the Employer, HCI: In the presence of: Signature __________________________________ (witness) Address __________________________________ Occupation __________________________________ SIGNED BY ____________________________________ [insert name of authorised signatory of the Contractor] Duly authorised to sign this Contract for and on behalf of the Contractor, [insert]: In the presence of: Signature __________________________________(witness) Address __________________________________ Occupation __________________________________

© UNOPS 2011 3

SHORT FORM CONSTRUCTION CONTRACT General Conditions Operational excellence for results that matter


GENERAL CONDITIONS

1. GENERAL PROVISIONS

1.1 Definitions

Definitions

In the Contract as defined below, the words and expressions defined have the following meanings assigned to them, except where the context requires otherwise:

"Bank Guarantee for advance payment" means the security (or securities) to be provided under Sub-Clause 11.3 [Advance Payment].

"Bank Guarantee for performance" means the security (or securities) to be provided under Sub-Clause 4.4 [Bank Guarantee for Performance].

"Bill of Quantities" means the document, if any, entitled Bill of Quantities set out in the Schedule of Contract Price.

"Commencement Date" means the date stated in the Schedule of Details.

"Contract" means the Instrument of Agreement, these General and Particular Conditions, the Schedules and the further documents (if any) which are listed in the Instrument of Agreement.

“Contract Price” means the price specified in the Schedule of Details, subject to any increases or decreases as may be made in accordance with this Contract.

"Contractor" means the entity named as the "Contractor" in the Instrument of Agreement and the legal successors in title and assigns to this entity.

"Contractor's Equipment" means all apparatus, machinery, vehicles, facilities and other things required for the execution of the Works but does not include Materials or Plant.

"Contractor's Personnel" means the Contractor's Representative and all personnel the Contractor utilises on the Site, which may include the staff, labour, agents and other employees of the Contractor and of each subcontractor and any other personnel assisting the Contractor in the execution of the Works.

"Contractor's Representative" means the person named as such in the Schedule of Details or appointed from time to time by the Contractor under Sub-Clause 4.2, who acts on behalf of the Contractor.

"Cost" means all direct and reasonable expenditure properly incurred in connection with the execution of the Works by the Contractor but does not include non-project specific overheads, profit or loss of profit.

"Country" means the country in which the Site is located.

“Date of Substantial Completion” means the date when the Works have reached Substantial Completion as stated in the Taking-Over Certificate.

© UNOPS 2011 4



"day" means a calendar day, unless provided otherwise.

"Defects Notification Period" means the period for notifying defects in the Works under Sub-Clause 9.1, as stated in the Schedule of Details (with any extension under Sub-Clause 9.1), calculated from the Date of Substantial Completion as stated in the Taking-Over Certificate issued under Sub-Clause 8.2.

"Drawings" means the drawings of the Works as listed in the Schedule of Works, and any additional or modified drawings issued by (or on behalf of) the Employer.

"Employer" means the entity named as the "Employer" in the Instrument of Agreement, and the legal successors in title and assigns and novatees to this entity.

"Employer's Representative" means the person named as such in the Schedule of Details or as otherwise notified by the Employer to the Contractor, who acts on behalf of the Employer.

"Employer's Risks" means those matters listed in Sub-Clause 6.1.

"Final Completion Certificate" means the certificate issued under Sub-Clause 9.3.

"Force Majeure" means an event or circumstance which is beyond the control and without the fault or negligence of the Party affected and which by the exercise of reasonable diligence the Party affected was unable to prevent provided that event or circumstance is limited to the following:

(a) war, (whether war be declared or not), invasion, act of foreign enemies within the Country;

(b) rebellion, terrorism, revolution, insurrection, military or usurped power, or civil war within the Country;

(c) munitions of war, ionising radiation or contamination by radio-activity within the Country, except as may be attributable to the Contractor's use of such munitions, explosives, radiation or radio-activity; and

(d) earthquake, hurricane, typhoon, tsunami or fire emanating from outside the Site within the Country that are outside the normal range for that place at that time of year, but excluding any other weather conditions regardless of the severity.

"General Conditions" means these general conditions of Contract.

"Instrument of Agreement" means the document signed by the Parties and forming part of the Contract.

"Materials" means things of all kinds (other than Plant) intended to form or forming part of the permanent work.

"Particular Conditions" means the particular conditions (if any) set out immediately before the Schedules to the Contract.

"Party" means either the Employer or the Contractor.

© UNOPS 2011 5



"Plant" means the machinery, vehicles and apparatus intended to form or forming part of the permanent work.

"Project" means the project described in the Schedule of Details.

"Schedule of Contract Price" is Schedule 4.

"Schedule of Details" is Schedule 1.

"Schedule of Payment" is Schedule 5.

"Schedule of Security" is Schedule 6.

"Schedule of Site" is Schedule 3.

"Schedule of Works" is Schedule 2.

"Schedules" means Schedules 1 to 6 to this Contract, including any further documents which are annexed or attached to, or incorporated by reference into Schedules 1 to 6.

"Site" means the places provided by the Employer where the Works are to be executed and to which Plant and Materials are to be delivered as shown in the Schedule of Site, and any other places specified in the Contract as forming part of the Site.

"Specification" means the requirements or documents as listed in the Schedule of Works, including Employer's requirements in respect of design to be carried out by the Contractor, if any, and any Variation to such document.

“Substantial Completion” means that stage in the execution of the Works when the following has occurred:

(a) the Works are performed and completed in accordance with this Contract except for minor defects which would not affect the performance or operation of the Works;

(b) all tests required by this Contract have been undertaken and successfully passed;

(c) all documents, technical and other information, including plans, designs, drawings, as-built drawings, engineering information, data, specifications, reports and any other information required under this Contract have been supplied to the Employer’s Representative in accordance with this Contract or as directed by the Employer’s Representative from time to time;

(d) all third party warranties and certificates and local authority approvals have been issued and provided to the Employer’s Representative; and

(d) any other preconditions to Substantial Completion set out in the Schedule of Details have been met.

© UNOPS 2011 6



"Taking-Over Certificate" means a certificate issued under Clause 8 certifying that the Works have reached Substantial Completion and stating the Date of Substantial Completion.

"Time for Completion" means the time for completing the Works as stated in the Schedule of Details (or as extended under Sub-Clause 7.3), calculated from the Commencement Date.

"Variation" means a change, alterations, addition or omission to the Works which is instructed by the Employer’s Representative under Sub-Clause 10.1

"Works" means all the work and design (if any) to be performed by the Contractor in accordance with this Contract as specified in the Schedule of Works, including temporary work and any Variation.

1.2 Interpretation

Interpretation

Words importing persons or parties include firms and organisations. Words importing singular or one gender include plural or the other gender where the context requires.

1.3 Priority of Documents

Priority of Documents

The documents forming the Contract are to be taken as mutually explanatory of one another. If an ambiguity or discrepancy is found in the documents, the Employer’s Representative will issue any necessary instructions to the Contractor, and the priority of the documents is in accordance with the order as listed in the Instrument of Agreement.

1.4 Language

Language

The language for communications is English. 1.5 Communications

Communications

Any notice, approval, consent or other communication in relation to this Contract must be in writing, signed, dated and marked to the relevant representative of the Parties and sent to the address for service of notices and communications set out in the Schedule of Details.

1.6 Statutory Obligations

Statutory Obligations

The Contractor must comply with the laws of the countries where activities are performed. The Contractor must give all notices and pay all fees and other charges in respect of the Works.

© UNOPS 2011 7



1.7 Assignment

Assignment

The Contractor must not assign or novate any of its rights or obligations under this Contract without prior written consent of the Employer.

The Employer has the right to assign or novate any or all of its rights or obligations under this Contract after giving written notice to the Contractor.

1.8 Confidential Details

Confidential Details

The Contractor must keep confidential and must not, without the written consent of the Employer, disclose to any third party the terms and conditions of the Contract, or any documents or other information furnished directly or indirectly by either Party in connection with the Contract or the Works, except if disclosure is required by law or for outside consultants engaged to act in connection with the Works (including insurance and legal advisers). In addition, the Contractor must not (without the prior written consent of the Employer) take, or authorise the taking of, any photograph of the Works or the Site for use in any publicity or advertising.

2. THE EMPLOYER

2.1 Provision of Site

Provision of Site

The Employer will provide non-exclusive possession of the Site and non-exclusive right of access to the Site at the times stated in the Schedule of Details. The Contractor must comply with any conditions relating to the Site as stated in the Schedule of Site.

2.2 Permits and Licences

Permits and Licences

The Contractor must obtain and comply with all relevant permits, licences, authorisations and approvals necessary to carry out the Works in accordance with the Contract. The Employer must, if requested, assist the Contractor in applying for such permits, licences, authorisations or approvals which are required for the Works.

2.3 Employer’s Instructions

Employer’s Instructions

The Contractor must comply with all instructions given by the Employer or the Employer’s Representative in respect of Works. The Employer or the Employer’s Representative is entitled to suspend progress of part or all of the Works at any time and for any reason by giving the Contractor written notice. During such suspension,

© UNOPS 2011 8



the Contractor must protect, store and secure such part of the Works against any deterioration, loss or damage.

If the Contractor receives a notice of suspension under this Sub-Clause 2.3, the Contractor must suspend progress of the relevant parts of the Works until such time as the Employer’s Representative directs the Contractor to resume progress of those parts of the Works by notice in writing.

If a suspension under this Sub-Clause 2.3 has continued for more than 180 consecutive days, the Contractor may request the Employer's Representative's permission to proceed with the Works. If the Employer's Representative does not give permission within 28 days after being requested to do so, the Contractor may, by giving notice to the Employer's Representative, treat the suspension as an omission under Sub-Clause 10.1 of the affected part of the Works. If the suspension affects the whole of the Works, the Contractor may give a notice in accordance with Sub-Clause 12.2.

2.4 Approvals

Approvals

No approval or consent or absence of comment by the Employer or the Employer's Representative will affect the Contractor's obligations.

3. EMPLOYER’S REPRESENTATIVES

3.1 Employer’s Representative

Employer’s Representative

The Employer's Representative is authorised to carry out the duties assigned to it in the Contract. The Employer's Representative has no authority to amend the terms of the Contract unless an amendment is authorised and approved in writing by the Employer. The Employer’s Representative may instruct Variations in accordance with Clause 10.

3.2 Employer’s Representative’s Assistant

Employer’s Representative’s Assistant

The Employer’s Representative may from time to time assign duties and delegate authority to an individual to carry out certain duties. The appointee may be notified by the Employer to the Contractor from time to time. The Employer must notify the Contractor of the delegated duties and authority of this Employer's Representative’s assistant.

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4. THE CONTRACTOR & PERFORMANCE OF THE WORKS

4.1 General Obligations

General Obligations

The Contractor must carry out the Works properly and in accordance with the Contract, including all works which are necessary to satisfy the Specifications and the Drawings and all other works which (although not expressly mentioned in the Contract) are necessary for the stability and/or for the completion, and/or safe and proper operation of the Works. The Contractor must provide all supervision, labour, Materials, Plant and Contractor's Equipment which may be required. All Materials and Plant on Site are deemed to be the property of the Employer.

The Contractor must comply with all applicable occupational health and safety and environmental laws, guidelines, rules, procedures, quality control requirements and codes of practice including those stated in the Schedule of Works and any provided to the Contractor by the Employer’s Representative.

The Contractor is deemed to have inspected and examined the Site, its surroundings, and access to the Site and to have satisfied itself that the Site and access to the Site, including security, is suitable for the Works and is deemed to have obtained all necessary information as to risks which may affect execution of the Works including climatic, hydrological and natural conditions and is not entitled to an increase to the Contract Price or to an extension to the Time for Completion based upon such conditions encountered during the execution of the Works that could have been reasonably foreseen by an experienced contractor acting in accordance with industry best practice.

The Contractor must, in a form acceptable to the Employer’s Representative, provide the Employer’s Representative with monthly, or more frequently on request by the Employer’s Representative, reports in relation to the Works and any occupational, health and safety issues in relation to the Works. The report must comply with any requirements stated in the Schedule of Works.

4.2 Contractor’s Representative

Contractor’s Representative

The Contractor’s Representative is named in the Schedule of Details. The Contractor must not replace the Contractor’s Representative without the prior written consent of the Employer’s Representative and must submit to the Employer’s Representative for approval the name and particulars of the person the Contractor proposes to replace the Contractor’s Representative. The Contractor is responsible for all acts and omissions of the Contractor’s Representative.

The Contractor gives the Contractor's Representative all authority necessary to act on the Contractor's behalf under the Contract.

4.3 Subcontracting

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Subcontracting

The Contractor must not subcontract the whole of the Works. The Contractor must not subcontract any part of the Works without the prior written consent of the Employer’s Representative.

4.4 Bank Guarantee for Performance

Bank Guarantee for Performance

Unless otherwise stated in the Schedule of Details, the Contractor must deliver to the Employer, within 14 days of the Commencement Date, an unconditional and irrevocable on-demand bank guarantee in the form provided in the Schedule of Security, from a bank approved by the Employer, for the amount stated in the Schedule of Details.

Any Bank Guarantee for performance provided to the Employer under Sub-Clause 4.4 must be valid until the Taking-Over Certificate for the whole of the Works is issued under Sub-Clause 8.2, when it will reduce by half. It must be valid until the Final Completion Certificate is issued or the final resolution of any dispute between the Parties under or in connection with this Contract, whichever is the later.

The Employer may withhold, retain or set off from any payment due to the Contractor under this Contract amounts to protect the Employer against any costs, charges, expenses and damages for which the Contractor is liable to the Employer under or in connection with this Contract. This right to withhold, retain or set off does not limit the Employer’s right to recover those amounts in any other way.

4.5 Contractor’s Personnel

Contractor’s Personnel

The Contractor's Personnel must be appropriately qualified, skilled and experienced in their respective trades or occupations. The Employer's Representative may require the Contractor to remove (or cause to be removed) any person employed on the Site or in the execution of the Works, including the Contractor's Representative who in the opinion of the Employer’s Representative:

(a) persists in any misconduct or lack of care;

(b) carries out duties incompetently or negligently;

(c) fails to conform with any provisions of the Contract; or

(d) persists in any conduct which is prejudicial to safety, health, or the protection of the environment.

Where this Sub-Clause 4.5 applies, the Contractor must then appoint (or cause to be appointed) a suitable replacement person for each person so removed.

The Contractor must provide and maintain all necessary sanitary and welfare facilities for the Contractor's personnel and must at all times take all reasonable

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precautions to maintain the health and safety of the Contractor’s personnel and comply with all relevant labour laws.

The parties agree that if the Employer’s Representative becomes aware that the Contractor has failed to pay any subcontractor’s or the Contractor’s Personnel in accordance with this Contract, and the Employer’s Representative gives the Contractor written notice 48 hours before the Employer intends to pay, the Employer may, in its absolute discretion, pay those staff, labour or subcontractors the amount the Employer’s Representative determines is, or may be owing and the Employer may recover any such amount paid as a debt due from the Contractor to the Employer.

The Employer will not be liable for or in respect of any damages or compensation payable at law in respect or in consequence of any accident or injury to any of the Contractor’s Personnel, unless resulting from any act or default of the Employer, its agents or servants. The Contractor must defend, hold and save harmless and indemnify the Employer against all claims and proceedings, as well as damages and compensation in relation to any accident or injury to any of the Contractor’s Personnel, unless resulting from any act or default of the Employer, its agents or servants. The Contractor is responsible for all costs, including legal costs, charges and expenses whatsoever associated with the defence of the Employer. In defending the Employer, the Contractor shall not enter into a settlement agreement without the prior written approval of the Employer.

4.6 Publicity and and Use of the Name, Emblem or official Seal of the Employer or United Nations

Publicity and and Use of the Name, Emblem or official Seal of the Employer or United Nations

The Contractor must not advertise or otherwise make public for purposes of commercial advantage or goodwill that it has a contractual relationship with the Employer or the United Nations, nor must the Contractor, in any manner whatsoever use the name, emblem or official seal of the Employer or the United Nations, or any abbreviation of their name in connection with its business or otherwise without the written permission of the Employer. This Sub-Clause 4.6 survives the completion, expiry or termination of the Contract.

4.7 Mines

Mines

(a) The Contractor warrants and represents that neither it, its parent entities (if any), nor any of the Contractor’s subsidiaries or affiliated entities (if any) is engaged in the sale or manufacture of anti-personnel mines or components utilised in the manufacture of anti-personnel mines.

(b) The Contractor acknowledges and agrees that any breach of this Sub-Clause 4.7 entitles the Employer to terminate the Contract immediately in accordance with Sub-Clause 12.1, without any liability for termination charges or any other liability of any kind.

4.8 Official-Not-To-Benefit, Corruption and Fraud

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Official-Not-To-Benefit, Corruption and Fraud

(a) The Contractor warrants that it has not engaged, or attempted to engage, in any way whatsoever, in any corruption or fraud in connection with the selection process or the execution of this Contract or any other activities of the Employer or any other entity of the United Nations, involving, in any way whatsoever, any Employer’s personnel or representative, official, or other agent of the Employer or any other entity of the United Nations.

(b) In this Sub-Clause 4.8, “corruption” means the offering, giving, receiving or soliciting from or to any person, directly or indirectly, anything of value as an inducement or reward:

i. for doing or forbearing to do any action in relation to the Contract, the selection process or any other activities of the Employer or of any other entity of the United Nations; or

ii. for showing or forbearing to show favour or disfavour to any person in relation to the Contract, or any other activities of the Employer or of any other entity of the United Nations.

(c) In this Sub-Clause 4.8, “fraud” means a misrepresentation or omission of fact(s) in order to influence, or to attempt to influence, the selection process or the execution of this Contract or any other activities of the Employer or of any other entity of the United Nations.

(d) Contractor acknowledges and agrees that any breach of this Sub-Clause 4.8 entitles the Employer to terminate the Contract immediately by written notice in accordance with Sub-Clause 12.1, without any liability for termination charges or any other liability of any kind.

4.9 Supply of Water

Supply of Water

The Contractor must provide on the Site, for the duration of the Works, an adequate supply of drinking and other water for the use of its staff and labour.

4.10 Alcoholic Liquor or Drugs

Alcoholic Liquor or Drugs

The Contractor must not bring onto or store on the Site, import, sell, give, barter or otherwise dispose of any alcoholic liquor or drugs, or permit or suffer any such importation, sale, gift, barter or disposal by its subcontractors, agents, staff or labour.

4.11 Arms, Ammunition & Explosives

Arms, Ammunition & Explosives

Unless otherwise stated in the Schedule of Works or instructed or permitted by the Employer in writing, the Contractor must not bring onto or store on the Site, give,

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barter or otherwise dispose of to any person or persons, any arms, ammunition or explosives of any kind or permit or suffer the same.

4.12 Festivals and Religious Customs

Festivals and Religious Customs

The Contractor must in all dealings with its staff and labour have due regard to all recognised festivals, days of rest and religious or other customs.

4.13 Epidemics

Epidemics

In the event of any outbreak of illness of an epidemic nature, the Contractor must comply with and carry out such regulations, orders and requirements as may be made by the relevant authorities or local medical or sanitary authorities for the purpose of dealing with or overcoming the epidemic.

4.14 Fundamental Principles and Rights at Work:

Fundamental Principles and Rights at Work:

(a) The Contractor warrants that it will comply with, and ensure the Contractor’s Personnel will comply with, the 1998 International Labour Organization (ILO) Declaration on Fundamental Principles and Rights at Work. These universal rights, as applied in the context of ILO, are freedom of association and the effective recognition of the right to collective bargaining, the elimination of forced or compulsory labour, the abolition of child labour and the elimination of discrimination in respect of employment and occupation.

(b) The Contractor must provide a safe and secure working environment, and provide separate amenities on the Site, for women employed in the execution of the Works.

(c) The Contractor acknowledges and agrees that any breach of this Sub-Clause 4.14 entitles the Employer to terminate the Contract immediately in accordance with sub-Clause 12.1, without any liability for termination charges or any other liability of any kind.

4.15 Child Labour

Child Labour

(a) The Contractor represents and warrants that neither it, its parent entities (if any), nor any of the Contractor’s subsidiary or affiliated entities (if any) is engaged in any practice inconsistent with the rights set forth in the Convention on the Rights of the Child, including Article 32 thereof, which, inter alia, requires that a child must be protected from performing any work that is likely to be hazardous or to interfere with the child’s education, or to be harmful to the child’s health or physical, mental, spiritual, moral, or social development.

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(b) The Contractor acknowledges and agrees that any breach of this Sub-Clause 4.15 entitles the Employer to terminate the Contract immediately in accordance with Sub-Clause 12.1, without any liability for termination charges or any other liability of any kind.

4.16 Sexual Exploitation

Sexual Exploitation

(a) The Contractor must take all appropriate measures to prevent sexual exploitation or abuse of anyone by the Contractor’s Personnel. For these purposes, sexual exploitation and abuse includes sexual activity with any person less than eighteen years of age, regardless of any laws relating to consent, unless such sexual activity is consensual between two persons who are married and such marriage is recognized as valid under the laws of the country of citizenship of such Contractor’s personnel.

(b) In addition, the Contractor must refrain from, and must take all reasonable and appropriate measures to prohibit its employees or other persons engaged and controlled by it from exchanging any money, goods, services, or other things of value, for sexual favours or activities, or from engaging any sexual activities that are exploitive or degrading to any person.

(c) The Contractor acknowledges and agrees that any breach of this Sub-Clause 4.16 entitles the Employer to terminate the Contract immediately in accordance with Sub-Clause 12.1, without any liability for termination charges or any other liability of any kind.

4.17 Security of the Site

Security of the Site

Unless otherwise stated in the Contract, the Contractor must keep unauthorised persons from entering the Site. Authorised persons are limited to the Contractor's Personnel and the Employer's personnel and any other personnel notified to the Contractor, by the Employer or the Employer's Representative, as authorised personnel of the Employer or the Employer's other contractors on the Site. The security and safety of the Site, the Contractor’s Equipment, the Employer’s equipment, Plant, Materials and all other property or personnel on the Site is the sole responsibility of the Contractor. The Contractor must comply with any other security requirements set out in the Schedule of Site.

4.18 Unexploded Ordinances

Unexploded Ordinances

If at any time during the carrying out of the Works the Contractor discovers an unexploded ordinance or land mine, the Contractor must immediately stop work, notify the Employer’s Representative, take all necessary steps to ensure the safety of all persons and property and secure the Site. The Contractor must immediately resume the Works when instructed by the Employer’s Representative that is it safe to do so.

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5. DESIGN BY CONTRACTOR

5.1 Contractor’s Design

Contractor’s Design

The Contractor must carry out design to the extent specified in accordance with the Contract, including the Schedule of Works. The Contractor must promptly submit to the Employer’s Representative all designs prepared by the Contractor. Within 14 days of receipt the Employer’s Representative may notify any comments or, if the design submitted is not in accordance with the Contract, may reject it stating the reasons. The Contractor must not construct any element of the permanent work designed by the Contractor without the approval and prior written consent of the Employer’s Representative or where the design for that element has been rejected. Design that has been rejected must be promptly amended and resubmitted. The Contractor must resubmit all designs commented on, taking these comments into account as necessary.

5.2 Design by Contractor

Design by Contractor

The Contractor is responsible for any design it has prepared and such design must be fit for the intended purposes defined in the Contract. The Contractor is also responsible for any infringement of any patent or copyright in respect of the same.

6. EMPLOYER’S RISKS

6.1 Employer’s Risks

Employer’s Risks

In this Contract, Employer's Risks mean:

(a) a Force Majeure event,

(b) a suspension under Sub-Clause 2.3 unless it is attributable to the Contractor's failure, act, omission or breach,

(c) any delay or disruption caused by any Variation, except where that Variation is caused by the Contractor’s failure, act, omission or breach,

(d) any act, omission or breach by the Employer or its agents, and

(e) the occurrence of any event specified in the Schedule of Details.

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7. TIME FOR COMPLETION

7.1 Execution of the Works

Execution of the Works

The Contractor must commence the Works on the Commencement Date and must proceed expeditiously and without delay and must complete the Works within the Time for Completion.

7.2 Programme

Programme

Within the time stated in the Schedule of Details, the Contractor must submit to the Employer’s Representative for approval, a programme for the Works in accordance with and in the form stated in the Schedule of Works. The programme will be used to monitor the progress of the Works under the Contract. The Employer’s Representative may request the Contractor to submit an amended programme at any time for approval.

7.3 Extension of Time

Extension of Time

Subject to Sub-Clause 10.3, the Contractor may be entitled to an extension to the Time for Completion if it is or will be delayed by any of the Employer's Risks.

Despite any other provision in this Contract, the Employer’s Representative may, in its absolute discretion and at any time, grant an extension to the Time for Completion. Such an extension must be granted in writing.

7.4 Late Completion

Late Completion

If the Contractor fails to complete the Works within the Time for Completion, the Contractor must pay delay damages for such failure in the amount stated in the Schedule of Details for each day for which the Contractor fails to complete the Works up to and including the Date of Substantial Completion as stated in the Taking-Over Certificate.

If the cumulative amount of delay damages reaches the amount stated in the Schedule of Details, the Employer may terminate the Contract at any time in accordance with Sub-Clause 12.1.

8. TAKING-OVER

8.1 Completion

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Completion

The Contractor must notify the Employer’s Representative in writing as soon as it considers that the Works have reached the stage of Substantial Completion.

8.2 Taking-Over Certificate

Taking-Over Certificate

After receiving the notice under Sub-Clause 8.1, the Employer’s Representative must either issue a Taking-Over Certificate stating the Date of Substantial Completion or notify the Contractor that there are defects or deficiencies in the Works that prevent Substantial Completion being reached.

If the Employer’s Representative notifies the Contractor that there are defects or deficiencies in the Works, the Contractor must correct the defects or deficiencies and the procedures in this Clause 8 must be repeated until the Employer’s Representative issues a Taking-Over Certificate.

The Contractor acknowledges and agrees that it takes full responsibility for the care of the Works until the Date of Substantial Completion and that no partial or entire use or occupancy of the Site or the Works by the Employer in any way constitutes an acknowledgement by the Employer that Substantial Completion has occurred, nor does it release the Contractor from any of its warranties, obligations or liabilities under or in connection with this Contract.

The Employer must take over the Works upon the Date of Substantial Completion.

After issuance of the Taking-Over Certificate the Contractor must promptly complete any outstanding work, submit a statement in accordance with Sub-Clause 11.2 and, subject to Clause 9, clear the Site.

8.3 Testing

Testing

The Contractor must undertake all tests in accordance with the requirements set out in the Schedule of Works, and must agree, with the Employer's Representative, 4 days prior written notice of the time and place for the specified testing of any Plant, Materials and other parts of the Works.

9. REMEDYING DEFECTS

9.1 Remedying Defects

Remedying Defects

The Employer’s Representative may at any time prior to the expiry of the relevant Defects Notification Period, notify the Contractor of any defects or outstanding work. The Contractor must remedy at no cost to the Employer any defects due to the Contractor's design, Materials, Plant or workmanship not being in accordance with

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the Contract. The timing of remedying a defect must be agreed between the Parties, or failing agreement, be reasonably specified by the Employer’s Representative.

If the Contractor fails to rectify the defect within the time agreed or specified, the Employer’s Representative may do so or engage another party to do so at the Contractor’s risk and expense and any cost will be a debt due from the Contractor to the Employer.

The Defects Notification Period will be extended to the extent that the Works, part of the Works or a major item of Plant (as the case may be) cannot be used for the purposes for which they are intended by reason of a defect or damage or failure by the Contractor to comply with any other obligation of the Contract and such extension will be equal to the period for which the Works, part of the Works or major item of Plant cannot be so used for the purpose intended or, if instructed in writing by the Employer’s Representative, the Defects Notification Period will recommence (and restart from the beginning) from the date of the repair, replacement or making good of such defect or damage, but only in respect of that part of the Works repaired, replaced or made good.

9.2 Uncovering and Testing

Uncovering and Testing

The Employer’s Representative may give instruction as to the uncovering and/or testing of any work. Unless as a result of any uncovering and/or testing it is established that the Contractor's design, Materials, Plant or workmanship are defective or not in accordance with the Contract or the Contractor did not give sufficient notice in accordance with Sub-Clause 8.3 before covering the relevant parts of the Works, the Contractor will be paid for such uncovering and/or testing as a Variation in accordance with Sub-Clause 10.2. If the Contractor did not give sufficient notice in accordance with Sub-Clause 8.3 before covering the relevant parts of the Works or if the Employer’s Representative establishes that the Contractor's design, Materials, Plant or workmanship are defective or not in accordance with the Contract, the Contractor must (at its cost) then promptly make good the defect and ensure that the rejected item complies with the Contract and bears the cost of uncovering and testing.

9.3 Final Completion Certificate

Final Completion Certificate

Performance of the Contractor's obligations will not be considered to have been completed until the Employer's Representative has issued the Final Completion Certificate to the Contractor, stating the date on which the Contractor completed its obligations under the Contract.

The Employer's Representative must issue the Final Completion Certificate within 28 days after the latest of the expiry dates of the Defects Notification Periods or as soon thereafter as the Contractor has supplied all relevant documents and completed and tested all of the Works, including remedying defects notified under Sub-Clause 9.1. A copy of the Final Completion Certificate must be issued to the Employer. Notwithstanding this the Employer may issue the Final Completion Certificate at any time after the Employer’s Representative has issued the Taking-Over Certificate.

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9.4 Unfulfilled Obligations

Unfulfilled Obligations

After the Final Completion Certificate has been issued, each Party remains liable for the fulfilment of any obligation which remains unperformed at that time. For the purposes of determining the nature and extent of unperformed obligations, the Contract is deemed to remain in force.

10. VARIATIONS AND CLAIMS

10.1 Right to Vary

Right to Vary

The Employer’s Representative may, in its absolute discretion and at any time before the Taking-Over Certificate is issued, initiate, or immediately instruct Variations by written notice and the Contractor must carry out and be bound by any such Variations. Unless otherwise instructed by the Employer’s Representative in this notice, the Contractor must provide a detailed breakdown of the increase or decrease in the Contract Price and any effect on the Time for Completion within 7 days of receipt of this notice, and before the Contractor carries out the Variation. The Contractor must then execute and is bound by the Variation unless otherwise instructed by the Employer’s Representative.

The Contractor agrees that a Variation may involve an omission of any part or parts of the Works and in the case of an omission the Employer may engage others to perform that part or parts so omitted.

10.2 Valuation of Variations

Valuation of Variations

Variations will be valued by the Employer’s Representative as follows:

(a) at a rate or lump sum price agreed between the Parties, or in the absence of agreement

(b) where appropriate, at rates in the Bill of Quantities, or if there are no applicable rates in the Bill of Quantities, at the rates in the schedule of Variation rates contained in the Schedule of Contract Price, or

(c) in the absence of appropriate rates, then a fair and reasonable valuation of the Variation will be made by the Employer’s Representative, or

(d) if the Employer’s Representative so instructs, at daywork rates set out in the Schedule of Contract Price for which the Contractor must keep records of hours of labour and Contractor's Equipment, and of Materials used.

For the avoidance of doubt the Contractor’s entitlement to payment for a Variation excludes non-project specific overheads and costs.

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10.3 Notice of Delay

Notice of Delay

The Contractor must notify the Employer’s Representative as soon as practicable and in any case in writing no later than 7 days (or within a time frame notified by the Employer’s Representative) after it becomes aware of any event or circumstance which may delay or disrupt the Works, or which may give rise to a claim for additional payment, Costs and/or other entitlements or relief from obligations, under any Clause of these General Conditions or otherwise arising out of or in connection with the Contract. The Contractor must take all reasonable steps to minimise these effects.

The notice submitted by the Contractor under this Sub-Clause 10.3 must set out details of the event or circumstance giving rise to the claim, and if requested supply supporting documents, stating a reasonable period by which the Contractor believes the Time for Completion should be extended and the nature and extent of any additional resultant Costs. As soon as practicable after the receipt of this notice, the Employer’s Representative will notify the Contractor of the period, if any, by which the Time for Completion will be extended and additional payment of Costs (if any) to which the Contractor is entitled under the Contract. The Employer's Representative may also respond with comments and request any necessary further particulars.

The Contractor is not entitled to an extension to the Time for Completion or additional payment or Costs if it does not submit a notice in accordance with and within the time stated in Sub-Clause 10.3 in which case the Contractor will be deemed to have waived its entitlement to make such claim, the Employer will be discharged from all liability arising out of or in connection with the claim and the Contractor must comply with its obligations to perform the Works by the Time for Completion and for the Contract Price.

10.4 Right to Claim

Right to Claim

Subject to Sub-Clause 10.3, if the Contractor incurs Cost as a result of any of the Employer's Risks, other than a Force Majeure event, the Contractor will be entitled to the amount of such Cost. If as a result of any of the Employer's Risks, it is necessary to change the Works, this will be dealt with as a Variation.

10.5 Adjustments for Changes in Cost

Adjustments for Changes in Cost

Unless otherwise expressly stated in the Schedule of Contract Price, the Contract Price, and the rates and prices inserted in the Bill of Quantities, will not be adjusted for rises or falls in the cost of labour, goods and other inputs to the Works and the Contract Price and the rates and prices inserted in the Bill of Quantities, will be deemed to include amounts to cover contingency of rises and falls in the cost of labour, goods and other inputs to the Works.

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11. CONTRACT PRICE AND PAYMENT

11.1 Contract Price & Valuation of the Works

Contract Price & Valuation of the Works

The Employer must pay the Contractor the Contract Price in accordance with this Clause 11 and the Schedule of Contract Price. The Contractor is deemed to have satisfied itself as to the correctness and sufficiency of the Contract Price and all fixed unit rates and prices in the Contract.

11.2 Statements

Statements

The Contractor must submit a statement to the Employer’s Representative in accordance with the requirements and timings stated in the Schedule of Payment or otherwise as notified by the Employer’s Representative in writing. Each statement must be in a form approved by the Employer’s Representative, showing the value of the work performed and details of any other amounts to which the Contractor considers itself entitled. If requested by the Employer’s Representative, when submitting the statement the Contractor must provide verification of all payments owed to subcontractors and the Contractor’s Personnel.

The statement must be based on the prices and/or rates set out in the Bill of Quantities or as otherwise set out in the Schedule of Contract Price.

If a percentage is stated in the Schedule of Details, the Contractor will be entitled to that percentage of the value of Materials and Plant listed in the Schedule of Details if such Plant and Materials are in accordance with the Contract, delivered to and properly stored on the Site at a reasonable time.

Within 28 days after the Employer’s Representative issues the Taking-Over Certificate, the Contractor must submit a statement to the Employer’s Representative as its final statement in respect of the Contract Price and any claim the Contractor has in respect of the Works under the Contract which the Contractor considers to be due from the Employer for all events and circumstances that have occurred up to the Date of Substantial Completion stated in the Taking-Over Certificate.

The Contractor is not entitled to make, and the Employer is released from, any new claim or an increased existing claim against the Employer in respect of the Contract Price or otherwise in respect of all events and circumstances that have occurred up to the earlier of the submission of the statement or expiration of the 28 days.

11.3 Advance Payment

Advance Payment

(a) The Employer will make the advance payment (if any) set out in the Schedule of Payment, as a loan for mobilisation, when the Contractor submits a Bank Guarantee for advance payment in accordance with this Sub-Clause 11.3. If no advance payment is set out in the Schedule of Payment, then this Sub-Clause 11.3 will not apply.

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(b) Unless otherwise notified by the Employer, the Employer will pay the advance payment only after receiving the Bank Guarantee for performance (if any) in accordance with Sub-Clause 4.4 and a Bank Guarantee for advance payment in accordance with Sub-Clause 11.3(c), in amounts and currencies equal to the advance payment.

(c) The Bank Guarantee for advance payment payable in accordance with Sub-Clause 11.3(b), must be an unconditional and irrevocable on-demand bank guarantee in the form provided in the Schedule of Security, from a bank approved by the Employer. Unless and until the Employer receives this guarantee, Sub-Clause 11.3 will not apply.

(d) The Contractor must ensure that the Bank Guarantee for advance payment is valid and enforceable until the whole of the advance payment has been repaid, but its amount may be progressively reduced by the amount repaid by the Contractor in the interim payments. If the terms of the guarantee specify its expiry date, and the advance payment has not been repaid by the date 28 days prior to the expiry date, the Contractor must extend the validity of the guarantee until the advance payment has been repaid.

(e) The advance payment must be repaid by the Contractor through percentage deductions in interim payments. The Employer will deduct a percentage of each interim payment, at the rate stated in the Schedule of Payments, until such time as the advance payment has been repaid.

(f) If the advance payment has not been repaid prior to the issue of the Taking Over Certificate for the Works or prior to termination of the Contract, the whole of the balance then outstanding will immediately become due and payable by the Contractor to the Employer.

11.4 Interim Payment

Interim Payment

Within 28 days of delivery of each statement submitted in accordance with Sub-Clause 11.2, the Employer will pay to the Contractor the amount shown in the Contractor's statement less retention at the rate stated in the Schedule of Details and less any amounts to be deducted for advance payment and repayments in accordance with Sub-Clause 11.3, and less any other amount for which the Employer’s Representative has specified its reasons for disagreement or that has become due under the Contract. The Employer is not bound by any sum previously considered by the Employer to be due to the Contractor

The Employer may withhold interim payments until it receives the performance security under Sub-Clause 4.4 (if any).

11.5 Payment of First Half of Retention

Payment of First Half of Retention

One half of the retention will be paid by the Employer to the Contractor within 14 days after issuing the Taking-Over Certificate under Sub-Clause 8.2.

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11.6 Payment of Second Half Retention

Payment of Second Half Retention

The remainder of the retention will be paid by the Employer to the Contractor within 14 days after receiving the Final Completion Certificate.

11.7 Final Payment

Final Payment

Within 7 days after receiving the Final Completion Certificate, the Contractor must submit a final account to the Employer’s Representative together with any documentation reasonably required to enable the Employer to ascertain the final contract value.

Within 28 days after the submission of this final account, the Employer must pay to the Contractor any amount due. If the Employer disagrees with any part of the Contractor's final account, the Employer must specify its reasons for disagreement when making payment.

11.8 Currency

Currency

Payment will be in the currency stated in the Schedule of Details.

11.9 Delayed Payment

Delayed Payment

The Contractor is not entitled to any interest in respect of any amount in any statement submitted to the Employer in accordance with Sub-Clause 11.2 which remains due and unpaid.

11.10 Provisional Sums

Provisional Sums

If a provisional sum is included in the Schedule of Contract Price, it will not be payable by the Employer unless the Employer’s Representative directs the Contractor to perform the work or item to which the provisional sum relates. If the Employer’s Representative directs the Contractor to perform that work, the work or item will be priced by the Employer’s Representative in accordance with Sub-Clause 10.2, and the difference will be added to or deducted from the Contract Price.

11.11 Audit and Investigations

Audit and Investigations

(a) Each payment made by the Employer to the Contractor may be subject to a post-payment audit by auditors, whether internal or external, of the Employer or by other authorised and qualified agents of the Employer at any time during the term of the Contract and for a period of two (2) years following the

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expiration or prior termination of the Contract. The Employer is entitled to a refund from the Contractor for any amounts shown by such audits to have been paid by the Employer other than in accordance with the terms and conditions of the Contract.

(b) The Contractor acknowledges and agrees that, from time to time, the

Employer may conduct investigations relating to any aspect of the Contract or the award thereof, the obligations performed under the Contract, and the operations of the Contractor generally relating to performance of the Contract. The right of the Employer to conduct an investigation and the Contractor’s obligation to comply with such an investigation does not lapse upon issuance of the Final Completion Certificate or prior termination of the Contract. The Contractor must provide its full and timely cooperation with any such inspections, post-payment audits or investigations. Such cooperation must include, but is not limited to, the Contractor’s obligation to make available the Contractor’s Personnel and any relevant documentation for such purposes at reasonable times and on reasonable conditions and to grant to the Employer access to the Contractor’s premises at reasonable times and on reasonable conditions in connection with such access to the Contractor’s Personnel and relevant documentation. The Contractor must require its agents, including, but not limited to, the Contractor’s attorneys, accountants or other advisers, to reasonably cooperate with any inspections, post-payment audits or investigations carried out by the Employer.

12. DEFAULT & TERMINATION

12.1 Default by Contractor

Default by Contractor

If the Contractor abandons the Works, refuses or fails to comply with a valid instruction of the Employer or the Employer’s Representative or fails to proceed expeditiously and without delay, or is in breach of the Contract, the Employer’s Representative may give notice referring to this Sub-Clause and stating the default.

If the Contractor has not taken all practicable steps to remedy the default within 14 days after the Contractor's receipt of the Employer’s Representative's notice, the Employer may by a second notice of 14 days, terminate the Contract.

The Employer may terminate the Contract immediately by written notice if the Contractor is declared insolvent under Sub-Clause 12.3 or is in breach of Sub-Clauses 4.7, 4.8, 4.14, 4.15 or 4.16 or submits a guarantee, certificate, statement, test result or any other document it is required to submit under the Contract that is false or intentionally misleading.

If the Employer delivers a termination notice under this Sub-Clause 12.1, the Contractor must stop work and demobilise (except to the extent specified in the

© UNOPS 2011 25



notice from the Employer) and take such action as necessary or as the Employer’s Representative directs, for the transfer, protection and preservation of the Employer’s property and deliver any required goods and documents to the Employer’s Representative. The Contractor must use its best efforts to comply immediately with any reasonable instructions included in the notice for the assignment of any subcontract and for the protection of life or property or for the safety of the Works. The Contractor must leave behind any Contractor's Equipment, Materials and Plant which the Employer or the Employer’s Representative instructs, in writing, is to be used until the completion of the Works. The Employer may employ others to complete or perform the Works and the cost incurred that exceeds the Contract Price will be a debt due from the Contractor to the Employer.

12.2 Default by Employer

Default by Employer

If the Employer fails to pay in accordance with the Contract, or if a prolonged suspension affects the whole of the Works as described in Sub-Clause 2.3, the Contractor may give notice referring to this Sub-Clause and stating the default. If the default is not remedied within 14 days after the Employer's receipt of this notice, the Contractor may suspend the execution of all or parts of the Works.

If the default is not remedied within 28 days after the Employer's receipt of the Contractor's notice, the Contractor may by a second notice of 14 days, terminate the Contract. The Contractor must then demobilise from the Site.

12.3 Insolvency

Insolvency

If the Contractor is declared insolvent under any applicable law, the Employer may by written notice terminate the Contract immediately.

12.4 Payment upon Termination

Payment upon Termination

After termination, the Contractor is entitled to payment of the unpaid balance of the value of the Works executed and of the Materials and Plant reasonably delivered to the Site, adjusted by the following:

(a) any sums to which the Contractor is entitled under Sub-Clause 10.4,

(b) any sums to which the Employer is entitled,

(c) in the absence of appropriate rates, the rates in the Contract will be used as the basis for valuation, or failing which the Employer’s Representative will make a reasonable valuation, or

(d) if the Contractor has terminated under Sub-Clause 12.2 or the Employer has terminated under Sub-Clause 12.5, the Contractor is entitled to the Cost of its suspension and demobilisation together with a sum equivalent to 5% of the value of those parts of the Works not executed at the date of termination.

© UNOPS 2011 26



The net balance due must be paid or repaid within 28 days of the notice of termination.

12.5 Employer’s Entitlement to Terminate for Convenience

Employer’s Entitlement to Terminate for Convenience

The Employer may in its absolute discretion terminate the Contract, at any time for the Employer's convenience, by giving notice of such termination to the Contractor. The termination will take effect 28 days after the latter of the dates on which the Contractor receives this notice, or the Employer returns the Bank Guarantee for performance.

12.6 Cessation of Work and Removal of Contractor’s Equipment

Cessation of Work and Removal of Contractor’s Equipment

After a notice of termination under Sub-Clauses 12.2, 12.5, 13.2 or 12.3 has taken effect, the Contractor must promptly cease all further work (except to the extent specified in the notice from the Employer) and take such action as necessary or as directed by the Employer, for the transfer, protection and preservation of the Employer’s property, protection of life or for the safety of the Works. Unless otherwise notified in writing by the Employer under Sub-Clause 12.1, the Contractor must remove all Contractor’s Equipment from the Site and remove from the Site any wreckage, rubbish and debris of any kind and leave the whole of the Site in a clean and safe condition.

13. RISK AND RESPONSIBILITY

13.1 Contractor’s Care of the Works

Contractor’s Care of the Works

The Contractor is responsible for the care of the Works from the Commencement Date until the date the Taking-Over Certificate is issued under Sub-Clause 8.2. Responsibility will then pass to the Employer. If any loss or damage happens to the Works during the above period, the Contractor must rectify such loss or damage so that the Works conform with the Contract and the requirements of any relevant authorities.

The Contractor must defend, hold and save harmless and indemnify, at its own cost, including legal costs, the Employer, its agents and employees from and against all suits, actions, claims and costs arising out of the acts or omissions of the Contractor, its employees, agents or subcontractors in connection with the Works and the Contractor’s other obligations under or in connection with the Contract, in respect of any accident, bodily injury, sickness or death to any person, infringement of any intellectual property rights and loss or damage to the Works or any property unless due to an act or default of the Employer or its personnel. In defending the Employer, the Contractor shall not enter into a settlement agreement without the prior written approval of the Employer.

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13.2 Force Majeure

Force Majeure

If a Party is or will be prevented from performing any of its obligations by Force Majeure, the Party affected must notify the other Party immediately in writing and not later than 7 days, setting out full details of the Force Majeure event and the reasons for the Force Majeure event preventing that Party from, or delaying that Party from, performing the affected obligations under this Contract. If instructed by the Employer’s Representative, the Contractor must suspend the execution of the affected Works and, to the extent agreed with the Employer’s Representative, demobilise the Contractor's Equipment, but only so far as, and for so long as, the performance of those obligations is affected by the Force Majeure event. The affected Party must use its best endeavours to overcome or remove the effects of the Force Majeure event as quickly as possible.

Upon completion of the Force Majeure event, the affected Party must as soon as is reasonably practicable recommence the performance of the affected obligations.

If the event continues for a period of 84 days, either Party may then give notice of termination which will take effect 28 days after the giving of the notice.

After termination, the Contractor is entitled to payment of the unpaid balance of the value of the Works executed and of the Materials and Plant reasonably delivered to the Site, adjusted by the following:

(a) any sums to which the Contractor is entitled under Sub-Clause 10.4,

(b) the Cost of suspension and demobilisation,

(c) any sums to which the Employer is entitled.

The net balance due must be paid or repaid within 28 days of the notice of termination.

The Contractor acknowledges and agrees that, with respect to any of its obligations under the Contract, the Contractor will be performing such obligations in areas in which the United Nations, including the Employer, is engaged in, preparing to engage in, or disengaging from peacekeeping, humanitarian or similar operations and any delays or failure to perform such obligations arising from or relating to harsh conditions within such areas, shall not, in and to itself, constitute a Force Majeure event.

14. INSURANCE

14.1 Extent of Cover

Extent of Cover

The Contractor must, on or prior to the Commencement Date, effect and thereafter maintain insurances in the joint names of the Parties:

© UNOPS 2011 28



(a) for loss and damage to the Works, Materials, Plant and the Contractor's Equipment,

(b) for liability of both Parties for loss, damage, death or injury to third parties or their property arising out of the Contractor's performance of the Contract, including the Contractor's liability for damage to the Employer's property other than the Works, and

(c) for liability of both Parties and of any Employer's personnel for death or injury to the Contractor's Personnel except to the extent that liability arises from the negligence of the Employer, any Employer's representative or their employees.

14.2 Arrangements

Arrangements

All insurances must conform with any requirements detailed in the Schedule of Details. The policies must be issued by insurers and in terms approved by the Employer. The Contractor must provide the Employer with evidence that any required policy is in force and that the premiums have been paid.

All payments received from insurers relating to loss or damage to the Works must be held jointly by the Parties and used for the repair of the loss or damage or as compensation for loss or damage that is not to be repaired.

14.3 Failure to Insure

Failure to Insure

If the Contractor fails to effect or keep in force any of the insurances referred to in the previous Sub-Clauses, or fails to provide satisfactory evidence, policies or receipts, the Employer may, without prejudice to any other right or remedy, effect insurance for the cover relevant to such default and pay the premiums due and recover the same as a deduction from any other monies due to the Contractor.

15. RESOLUTION OF DISPUTES

15.1 Dispute Resolution Procedure

Dispute Resolution Procedure

Unless settled amicably by the Parties’ Representatives, any dispute or difference which arises between the Contractor and the Employer out of or in connection with the Contract, including any valuation or other decision of the Employer (“Dispute”), the Dispute must be referred, if requested by either Party, to the Senior Representatives of the Parties set out in the Schedule of Details, or any replacement notified by a Party to the other Party in writing.

If the Senior Representatives of the Parties are unable to resolve a Dispute referred to them within 28 days, either Party may invite the other Party to conciliate the

© UNOPS 2011 29



Dispute in accordance with the provisions of Sub-Clause 15.2. Otherwise the Dispute must be referred, if requested by either Party, directly to arbitration in accordance with the provisions of Sub-Clause 15.3.

15.2 Conciliation

Conciliation

(a) In accordance with Sub-Clause 15.1, either Party may invite the other Party to conciliate a Dispute under the UNCITRAL Permanent Court of Arbitration Optional Conciliation Rules, 1996 (the “Conciliation Rules”) provided that;

i. the language of the conciliation must be in English;

ii. one conciliator must be appointed and agreed by the Parties; or

iii. if the Parties are unable to agree on the appointment of a conciliator within 14 days after the matter has been referred to conciliation, the conciliator will be appointed by the Secretary-General of the Permanent Court of Arbitration in accordance with the Conciliation Rules.

If the Parties do not reach agreement under the Conciliation Rules, the Dispute shall be referred, if requested by either Party, to arbitration in accordance with Sub-Clause 15.3.

15.3 Arbitration

Arbitration

If the Parties are unable to resolve the Dispute in accordance with Sub-Clause 15.1 or 15.2, the Dispute must, if requested by either Party, be referred to and finally resolved by arbitration in accordance with the UNCITRAL Arbitration Rules ("Arbitration Rules") then in effect, provided that:

(a) there is no seat or place of arbitration. The place of hearing must be the place stated in the Schedule of Details;

(b) the language of the arbitration must be English;

(c) the decisions of the arbitral tribunal must be based on general principles of international commercial law. The arbitral tribunal must not award punitive damages. In addition, the arbitral tribunal must not award interest in excess of the London Inter-Bank Offered Rate (“LIBOR”) then prevailing, and any such interest must be simple interest only.

The Parties will be bound by any arbitration award rendered as a result of such arbitration as the final adjudication of any such dispute, controversy, or claim.

The arbitral proceedings and any information and documents relating to these proceedings must be regarded as confidential.

15.4 Dispute resolution not to delay execution of the Works

© UNOPS 2011 30



Dispute resolution not to delay execution of the Works

Despite any activation of the dispute resolution procedures under Sub-Clause 15.1, the Contractor must continue to execute the Works and its other obligations under or in connection with the Contract.

15.5 Survival

Survival

This Clause 15 survives the completion, expiry or termination of the Contract.

16. PRIVILEGES AND IMMUNITIES

Nothing in or relating to the Contract is deemed a waiver, express or implied, of any of the privileges and immunities of the United Nations, including its subsidiary organs, of which the Employer is an integral part, which are hereby expressly reserved.

© UNOPS 2011 31



PARTICULAR CONDITIONS

Additional Clauses

The General Conditions are amended by the inclusion of the following additional conditions:

If nothing is stated, then no additional conditions apply.

Clause Additional General Condition

Clause 1 - General conditions of contract

Every place in all clauses that is mentioned as “the binding contracts signed with UNOPS and the contractor” shall be reworded as follows. The contracts shall be awarded and signed by the High Commission of India (HCI) “Employer” in Sri Lanka with the successful Contractors.

11.4 – Payment Interim Payments due to the contractor shall be released by the Employer to the contractor within a reasonable time upon the receipt of the Employer’s Representatives’ (UNOPS) certification on the release of payment.

The contractor shall hand over the payment requests with all the certified joint measurements to UNOPS first for the certifications to be made to the Employer to release the payment.

14.0 Contractor’s All Risks Insurance Policy for the Full Estimated Contract Value

Third Party Liability Insurance for LKR 500,000 for any one occurrence without limiting the number of occurrences.

Workmen’s Compensation Insurance for all the contractor’s employees

© UNOPS 2011 32



SCHEDULES

SCHEDULE 1 - SCHEDULE OF DETAILS

Commencement

Date

(Sub-Clause 1.1)

Within (07) calendar days upon signing of the contract by both parties.

Contract Price

(Sub-Clause 1.1)

The total estimated Contract Price amounts to [insert the amount]. The

final Contract Price will be determined in accordance with the Schedule

of Contract Price & Payment.

See the Schedule of Contract Price & Payment for a breakdown of the

Contract Price

Contractor’s

Representative

(Sub-Clause 1.1)

[name, position title and contact details to be inserted ]

Defects

Notification

Periods

(Sub-Clause 1.1)

6 months

Employer’s

Representative

(Sub-Clause 1.1)

Francoise Jacob


UNOPS - LKOC

118/5, Nawala Road, Colombo 05, Sri Lanka

Contact No: +94 112 506096

Fax: +94 112 506097

Project

(Sub-Clause 1.1)

The construction, commissioning, testing and completion, including the

remedying of all defects of infrastructure facilities [insert the

description of particular package(s)] for Atchchuvali Industrial Estate

development Project in Jaffna District, Sri Lanka.

Substantial

Completion

(Sub-Clause 1.1)

no additional grounds.

© UNOPS 2011 33



Time for

Completion

(Sub-Clause 1.1)

Whole of the Works

Below constructions periods shall be applicable for each package.

Package No

Sub Project No

Name of the Contract Time for

completion


5 months

2 SL35P1-0102 Internal road network 6 months

3 SL35P1-0103 Pipe Laying, Water Tank, Sump and Water Treatment Plant

6 months


6 months


5 months


5 months

© UNOPS 2011 34



Address for

Service of

Notices and

Communications

(Sub-Clause 1.5)

Employer

Attention: [to be inserted ]

Position title: [to be inserted ]

Address: High Commission of India in Sri Lanka

[Address to be inserted ]

Facsimile Number: [to be inserted]

Email Address: [to be inserted]

Contractor

Attention: [to be inserted ]

Position title: [to be inserted ]

Address: [to be inserted ]

Facsimile Number: [to be inserted ]

Email Address: [to be inserted ]

Time(s) for

access to and

possession of

site

(Sub-Clause 2.1)

Within 7 days after signing of the contract by both parties

Amount of Bank

Guarantee for

Performance

(Sub-Clause 4.4)

The amount of the Bank Guarantee for performance to be provided

under Sub-Clause 4.4 is the amount equal to 10% of the Contract Price.

Additional

Employer’s Risks

(Sub-Clause 6.1)

Extensions of time will be granted based on project specific reasons

such as site conditions but not inclement weather.

© UNOPS 2011 35



Time for

Programme

Submission

(Sub-Clause 7.2)

7 days after the Commencement Date

Delay Damages

for failure to

complete the

Works within the

Times for

Completion

(Sub-Clause 7.4)

Whole of the Works

0.01% of the Contract Price per day.

Cumulative

Amount of Delay

Damages (Sub-

Clause 7.4)

10% of the Contract Price

Percentage of

Plant & Materials

(Sub-Clause

11.2)

75% value of the original invoices of the plant and materials brought to

the site for the incorporation of the permanent works subject to the

verification by the Employer’s Representative.

Advance

payment

(Sub-Clause

11.3)

Upon signing of the contract and upon receipt of the Bank Guarantees

for performance and the Bank Guarantee for advance payment referred

to in Sub-Clause 11.3 the Employer will pay the Contractor 20 % of the

Contract Price as a loan for mobilisation.

The Employer will deduct 20% from each subsequent application for

interim payment until the advance payment amount is repaid in

accordance with Sub-Clause 11.3 [Advance Payment].

© UNOPS 2011 36



Percentage

deduction for

Retention

(Sub-Clause

11.4)

The sum of 10% of the estimated value of Works executed in the

relevant payment period as set out in the Statement for that period will

be retained from each and every payment, except for any Advance

Payment made pursuant to Sub-Clause 11.3, up to a maximum of 5% of

the Contract Price.

Currencies of

payment

(Sub-Clause

11.8)

Payments will be made only in Sri Lankan Rupees (LKR) by the HCI.

Insurance Details

(Sub-Clause

14.2)

Contractor’s All Risks Insurance Policy for the Full Estimated Contract Value

Third Party Liability Insurance for LKR 500,000 for any one occurrence without limiting the number of occurrences.

Workmen’s Compensation Insurance for all the contractor’s employees

Senior

Representatives

(Sub-Clause

15.1)

Employer

[insert name, position title and contact details]

Contractor

[insert name, position title and contact details]

Arbitration

(Sub-Clause

15.3)

The place of the hearing, if any, shall be determined at the time the

dispute arises.

© UNOPS 2011 37



SCHEDULE 2 - SCHEDULE OF WORKS

1. Background and general description of the Works

Under the Phase I of this project, approximately 25 acres out of the available 65 acre land of the Atchchuvali Industrial Estate will be developed. The plot of land identified for Phase I development is as indicated in the Drawing of Master Plan – Phase I Development. The total scope of work is divided into 6 packages as listed below.

Package No

Sub Project No Name of the Contract Time for

completion


5 months

2 SL35P1-0102 Internal road network 6 months 3 SL35P1-0103 Pipe Laying, Water Tank,

Sump and Water Treatment Plant

6 months


6 months


5 months


5 months

2. Specifications

Specifications are separately attached foe each package as Section VI of the ITB. 3. Drawings Complete sets of Drawings are separately bound per each package as Section VII of the ITB. List of drawings per each package is as mentioned below.

© UNOPS 2011 38



1. Package 01

Document Name Building Name Description PIDU

No Sub No

Discipl. Seq No

BOUNDARY WALL, WALL FENCING, GATE & ENTRANCE BUILDINGS

CMB 0230 00 SC 0001 General Cover Page CMB 0230 00 DL 0002 General Drawing List

Architectural CMB 0230 01 A 0081 Master Plan - Phase 1 Development CMB 0230 01 A 0081A Master Plan - Phase 1 Development

CMB 0230 01 A 0082

Traffic Movement - Main Entrance / Exit Point

CMB 0230 00 A 0083 Master Plan- Landscape

CMB 0230 00 A 0800

External Work Boundry Wall & Mesh Fence

CMB 0230 01 A 0101 Main Entrance Building CMB 0230 02 A 0101 Service Building

Structural CMB 0230 00 S 0050 General Notes - Structural Sheet 1 CMB 0230 00 S 0051 General Notes - Structural Sheet 2

CMB 0230 00 S 0801 Details of Boundary Wall & Mesh Fence CMB 0230 00 S 0802 Details of Boom Gate CMB 0230 01 S 0100 Main Entrance Building Sheet 1 CMB 0230 01 S 0101 Main Entrance Building Sheet 2 CMB 0230 00 S 0819 Detail of Gate No.2

Mechanical CMB 0230 00 PP 0101 Plumbing Layout

Electrical CMB 0230 00 EE 0101 Electrical Layouts & Single Line Diagrams

© UNOPS 2011 39



2. Package 02

Document Name Building Name Description

PIDU No Sub No

Discipl. Seq No

INTERNAL ROADS NETWORKS CMB 0230 00 SC 0004 General Cover Page CMB 0230 00 DL 0005 General Drawing List

Architectural

CMB 0230 01 A 0081 Master Plan - Phase 1 Development

CMB 0230 01 A 0081A Master Plan - Phase 1 Development

CMB 0230 01 A 0082 Traffic Movement - Main Entrance / Exit Point

Structural

CMB 0230 00 S 0050 General Notes - Structural Sheet 1


CMB 0230 00 S 0810 Road Longitudinal sections - Sheet 1



CMB 0230 00 S 0813 Typical Road Section CMB 0230 00 S 0814 Details of Culverts CMB 0230 00 S 0815 Rood Section - Sheet 1

© UNOPS 2011 40



3. Package 03


PIDU No Sub No

Discipl.Seq No

PIPE LAYING, WATER TANK, SUMP & WATER TREATMENT PLANT


Architectural CMB 0230 01 A 0081 Master Plan - Phase 1 Development

CMB 0230 01 A 0081A Master Plan - Phase 1 Development ( 1:1500 Scele)



CMB 0230 00 S 0803 Detail of Clear Water Sump 60m³ Sheet 1

CMB 0230 00 S 0804 Detail of Clear Water Sump 60m³ Sheet 2

CMB 0230 00 S 0807 Detail of Overhead water Tank Sheet 1



CMB 0230 00 S 0816 Slow Sand Filter - Sheet 1 CMB 0230 00 S 0817 Slow Sand Filter - Sheet 2 CMB 0230 00 S 0818 Slow Sand Filter - Sheet 3

Mechanical

CMB 0230 00 PL 0080 Plumbing Layout CMB 0230 00 PL 0801 Details of Valve Chambers

CMB 0230 00 PP 0800 Detail of Pumps Station & Overhead Tank

CMB 0230 00 PP 0101 Water Supply & Drainage System

© UNOPS 2011 41



4. Package 04


PIDU No Sub No

Discipl.Seq No

SERVICE BUILDING & EXTERNAL ELECTRICAL WORK


Architectural




CMB 0230 02 A 0101 Service Building

Structural



CMB 0230 02 S 0100 Details of service Building

Mechanical

CMB 0230 02 PP 0101 Service Building

Water Supply & Drainage System

Electrical

CMB 0230 00 EE 0081 Electrical Cable Layout & Main Distrubution

CMB 0230 02 EE 0101 Service Building

Electrical Layouts & Single Line Diagrams

© UNOPS 2011 42



5. Package 05


Sheet Size PIDU No

Sub No

Discipl. Seq No

WASTE WATER DISPOSAL SYSTEM & LANDSCAPING

CMB 0230 00 SC 0006 General Cover Page A1 CMB 0230 00 DL 0007 General Drawing List A1

Architectural

CMB 0230 01 A 0081 Master Plan - Phase 1 Development A1

CMB 0230 01 A 0081A

Master Plan - Phase 1 Development ( 1:1500 Scele) A1

CMB 0230 01 A 0082 Traffic Movement - Main Entrance / Exit Point A1

CMB 0230 00 A 0083 Master Plan- Landscape A1

Structural

CMB 0230 00 S 0050 General Notes - Structural Sheet 1 A1

CMB 0230 00 S 0051 General Notes - Structural Sheet 2 A1

CMB 0230 00 S 0820 Waste Pump Station A1

CMB 0230 00 S 0821

Details of Waste Water Sewerage Treatment Plant - Sheet 1 A1

CMB 0230 00 S 0822

Details of Waste Water Sewerage Treatment Plant - Sheet 2 A1

Mechanical CMB 0230 00 PD 0080 Drainage Layout A1 CMB 0230 00 PD 0800 Typical Details A1

CMB 0230 00 PD 0801 Details of Waste Water Pumnp Station A1

© UNOPS 2011 43



6. Package 06


PIDU No Sub No

Discipl. Seq No

FIRE PROTECTION SYSTEM & FIRE SUMP CMB 0230 00 SC 0003 General Cover Page CMB 0230 00 DL 0004 General Drawing List

Architectural




Fire CMB 0230 00 FF 0080 Yard Fire Hydrant Layout & Details


CMB 0230 00 S 0805 Detail of Clear Fire Sump 20m³ Sheet 1

CMB 0230 00 S 0806 Detail of Clear Fire Sump 20m³ Sheet 2

© UNOPS 2011 44



SCHEDULE 3 - SCHEDULE OF SITE 1. Background and general description of the Works

Under the Phase I of this project, approximately 25 acres out of the available 65 acre land of the Atchchuvali Industrial Estate will be developed. The plot of land identified for Phase I development is as indicated in the Drawing of Master Plan – Phase I Development. In general the site is flat and covered with vegetation. The only structure at the site is the newly built administration building although it remains unoccupied to date. Most of the adjoining lands are being used for cultivation and a small population resides on the boundary of the Atchchuvali Industrial Estate.

2. Access to the Site

The Atchchuvali Industrial Estate is located at Atchchuvali in Jaffna District as shown in the site location map and is in a central place where it has a good linkage with existing transport network. There are two accesses to the site. One branches off at the ninth mile of Chankanai Atchchuvali Road. The other branches off at the first mile of the Atchchuvali Navakiri road.

© UNOPS 2011 45



3. Site Arrangements Contractor can select any space available for the establishment of Contractor's site facilities without disturbing the locations proposed for the new infrastructure facilities. Approval for such locations and plans for the site facilities shall be obtained from the Employer’s Representative prior to the establishment of such facilities. Temporary site office has to be established of adequate size with required facilities for the Employer's Representative in accordance with the plans prepared by the Contractor and approved by the Employer's representative.

4. Site Security Site security requirements are mentioned in Bill of Quantities – Schedule 6. The Contractor acknowledges that they have read and understood the site security requirements.

© UNOPS 2011 46



SCHEDULE 4 - SCHEDULE OF CONTRACT PRICE

1. Contract Price

The Works shall be measured and valued for payment and the final Contract Price will be determined on the basis of the actual quantities of work and materials utilized in the complete and satisfactory performance of the Works as certified by the Employer’s Representative at the appropriate rate or price specified in the Bill of Quantities.

2. Bill of Quantities

A detailed breakdown of the Contract Price is set out in the "Bill of Quantities" in Schedule 6. The rates and prices inserted in the Bill of Quantities, shall be deemed to include amounts to cover the contingency of rises and falls in the cost of labour, Goods and other inputs to the Works

3. Provisional sums

The Provisional Sum items are set out in the Bill of Quantities in Schedule 6. Each Provisional Sum shall only be used, in whole or in part, and the Contractor will only be entitled to payment for a Provisional Sum, in accordance with Sub- Clause 11.10 [Provisional Sums] and the Contract Price shall be adjusted accordingly.

4. Schedule of Rates for Variations

The value of a Variation may be determined by:

using rates provided in the Bill of Quantities which, in the opinion of the Employer’s Representative, are directly comparable to the descriptions of the Variation works ; or

if, in the opinion of the Employer’s Representative, no directly comparable rates exist in the Schedule of Rates or the Bill of Quantities, the Employer's Representative shall determine a fair and reasonable valuation.

5. Schedule of Rates for Daywork

The Dayworks Rates are set out in the Schedule of Dayworks Rates in Schedule 6. The Dayworks Rates are fixed for the duration of the Contract and are not subject to escalation or adjustment for rises or falls in the cost of labour, Goods, material and other inputs to the Works. The Dayworks Rates also include provision for Contractor’s overheads and profit.

© UNOPS 2011 47



6. Adjustments for Changes in Cost The Contract Price will not be adjusted for rises or falls in the cost of labour, Goods and other inputs to the Works.

© UNOPS 2011 48



SCHEDULE 5 - SCHEDULE OF PAYMENT

1. Advance Payment

Upon signing of the contract and upon receipt of the Bank Guarantees for performance and

the Bank Guarantee for advance payment referred to in Sub-Clause 11.3 the Employer will

pay the Contractor 20 % of the Contract Price as a loan for mobilisation.

The Employer will deduct 20% from each subsequent application for interim payment until

the advance payment amount is repaid in accordance with Sub-Clause 11.3 [Advance

Payment].

2. Progress Payments

Interim payments will be made upon achievement of each progress milestones mentioned

below. Contractor must submit an invoice claiming the Interim Payment, based on the

measurements jointly agreed with the Employer’s Representative to the Employer’s

representative’s address specified in the contract.

Interim Payment

Certificate No:

Cumulative Progress

1 25%

2 50%

3 75%

final 100%

3. Plant and Materials listed for payment when delivered to the Site

75% value of the original invoices of the plant and materials brought to the site for the

incorporation of the permanent works subject to the verification by the Employer’s

Representative.

4. Plant and Materials listed for payment when shipped to the Country

Not Applicable.

© UNOPS 2011 51



SCHEDULE 8

Schedule of Key Personnel

The Contractor’s Key Personnel for the Project are:

No. Position Description Name

1 Project Manager [insert name]

2 Technical Officer [insert name]

If there is a position stated in this schedule but no person is named in that particular role,

then the Contractor shall obtain the Employer’s Representative’s approval before appointing

a person to fill that role.

© UNOPS 2011 52



SCHEDULE 9 - SCHEDULE OF SECURITY

BANK GUARANTEE FOR PERFORMANCE

[On the letterhead of the Bank]

Date: [insert]

To: The First Secretary (Development Cooperation), High Commission of India 36-38, Galle Road, Colombo 03, Sri Lanka Contract for ____________________________ WHEREAS __________________ (hereinafter called “the Contractor”) has undertaken, in pursuance of Contract No. _____________ dated _______________ to execute ___________________ (hereinafter called “the Contract”); AND WHEREAS it has been stipulated by you in the said Contract that the Contractor shall furnish you with a Bank Guarantee by a recognized bank for the sum specified therein as security for compliance with his obligations in accordance with the Contract; AND WHEREAS we have agreed to give the Contractor such a Bank Guarantee; NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you, on behalf of the Contractor, up to a total of __________________________________________ [in words], such sum being payable in which the Contract Price is payable, and we undertake to pay you, upon your first written demand and without cavil or argument, any sum or sums within the limits of ____________________________________________ as aforesaid without your needing to prove or to show grounds or reasons for your demand for the sum specified therein. We hereby waive the necessity of your demanding the said debt from the Contractor before presenting us with the demand. We further agree that no change or addition to or other modification of the terms of the Contract or of the Works to be performed there under or of any of the Contract documents which may be made between you and the Contractor shall in any way release us from any liability under this guarantee, and we hereby waive notice of any such change, addition or modification. This guarantee shall be valid until the date ____________ day of 20____. SIGNATURE AND SEAL OF THE GUARANTOR ________________________________________________________________ NAME OF BANK : ________________________________________________ ADDRESS : ________________________________________________ DATE : ________________________________________________ 1. Give the name of the Contractor 2. Insert Contract No. as given in the Letter of Award 3. Insert date of the Letter of Award 4. Give name of Contract as worded in the Letter of Award 5. Insert value of the guarantee

© UNOPS 2011 53



BANK GUARANTEE FOR ADVANCE PAYMENT

[On the letterhead of the Bank]

Date: [insert]

To: The First Secretary (Development Cooperation), High Commission of India 36-38, Galle Road, Colombo 03, Sri Lanka Contract for ____________________________ Contract No. _____________ Gentlemen: In accordance with the provisions of the Conditions of Contract, of the above-mentioned Contract, __________________________________ (hereinafter called “the Contractor”) shall deposit with the First Secretary (Development Cooperation), High Commission of India, Sri Lanka, a Bank guarantee to guarantee his proper and faithful performance under the said Contract in an amount of __________________ We, the ________________________ as instructed by the Contractor, agree unconditionally, and irrevocably to guarantee as primary obligator and not as Surety merely, the payment to the First Secretary (Development Cooperation), High Commission of India, Sri Lanka, on his first demand without whatsoever right of objection on our part and without his first claim to the Contractor, in the amount not exceeding ________________________________________________________ We further agree that no change or addition to or other modification of the terms of the Contract or of Works to be performed there under or of any of the Contract documents which may be made between the First Secretary (Development Cooperation), High Commission of India, Sri Lanka and the Contractor, shall in any way release us from any liability under this guarantee, and we hereby waive notice of any such change, addition or modification. This guarantee shall remain valid and in full effect from the date of the advance payment under the Contract until the First Secretary (Development Cooperation), High Commission of India, Sri Lanka, receives full repayment of the same amount from the Contractor or until _____________ whichever may occur earlier. Yours truly, SIGNATURE AND SEAL : _____________________________________ Name of Bank : _____________________________________ Address : _____________________________________ Date : _____________________________________ 1 Give the name of Contract as given in the Letter of Award 2. Insert Contract No. as given in the Letter of Award 3 Insert name of Contractor and address 4 Insert value of the guarantee in words and figures 5 Insert name of Bank

PO Box 2695 2100 Copenhagen Denmark www.unops.org

Tel: +45 3546 7500 Fax: +45 3546 7501 E-mail: [email protected]


46


SECTION VI – PRICING PREAMBLES

United Nations Office for Project Services

PRICING PREAMBLES

Project Name : Development of Atchchuveli Industrial Estate in Jaffna District,

Sri Lanka (Phase 01)

Programme: Design Documentation for Infrastructure Works

UNOPS Physical Infrastructure Design Unit (PIDU)

November, 2012

Development of Atchchuveli Industrial Estate Page PP/1

in Jaffna District, Sri Lanka (Phase 01) Pricing Preambles

PRICING PREAMBLES

1.0 GENERAL DIRECTIONS

1.1 Generally

The bill of quantities shall be read in conjunction with the Conditions of Contract, Technical Specifications,

Drawings and the method of measurement described in this document. General directions, descriptions

and specifications of work and materials are not necessarily repeated nor summarised in the bill of

quantities. References to the drawings and relevant sections of the Technical Specifications shall be made

before entering prices against each item in the bill of quantities.

Drawings, Specifications and Bill of Quantities and all other documents are complementary and if any item

is included in any of them, it shall deem to be included in all.

Amendments shall not be made to the tender Bill of Quantities without the authority, in writing, of the

Engineer’s Representative.

The quantities given in the Bill of Quantities are estimated and provisional, and are given to provide a

common basis for bidding. The basis of payment will be the actual and correct quantities of work ordered

and carried out, as measured by the Contractor and verified by the Engineer and valued at the rates and

prices tendered in the priced bills of quantities, where applicable, and otherwise at such rates and prices

as the Engineer may fix within the terms of the Contract.

Items in the Preamble Section of the Bill of Quantities are deemed to qualify and to form part of every

description of measured work to which they refer including composite description.

All measurements are net and the rates shall include for all laps, waste, working space and any other

trade allowances.

The Conditions of contract applicable to this contract shall be the FIDIC Conditions of Contract for Civil

Engineering Construction, 4th edition, (1987) - reprinted in 1992 with further amendments - of the Tender /

Contract Documents, unless expressly stated otherwise in the ITB.

The prices shall be comprehensive and must include for complying in all respects with the instructions to

Bidders, Conditions of Contract, Specifications and Drawings and for all matters and things necessary for

the proper construction, completion, and maintenance of the whole of the Works. No claim for additional

payment will be allowed for any error or misunderstanding by the Contractor of the work involved.

A rate or price shall be entered against each item in the priced bills of quantities. The cost of items against

which the bidder has failed to enter a rate or price shall deem to be covered by other rates and prices

entered in the Bills of Quantities. Bidder shall not be permitted to assign any rates or prices, after the

tenders are opened for those items against which the bidder has failed to enter any rates or prices in his

tender.



Lump sum payments shall not be certified for any work done by the Contractor where unit rates are

applicable.

The Contractor is to ensure that identical items occurring in separate bills are not priced at different rates

unless this is the Contractor’s deliberate intention

The prices and rates entered by the Contractor against items in the Bill of Quantities shall apply

throughout the duration of the contract to the execution of these items in any location and except where

otherwise provided for.

The rates inserted will be used to determine the amount of the Contractor’s Payments.

The Bidder shall submit "Analysis of Tender Sum” with a full and detailed rate breakdown of all the

BOQ items, as and when required by the Engineer / Employer’s Representative. The breakdown is

to show the actual calculations of the General Items, Labour, Plant and Materials costs for the

Works, the build-up of measured rates with on-costs and overheads and any other allowances use

to arrive at the Tender Price. In addition, the Bidder / Contractor will be required to provide the

Engineer / Employer’s Representative within 48 hours of written request, with a full and detailed

breakdown / any other information as required.

Where fix only items are specified, the rate shall deem to be included for taking delivery, storing and

installation of goods or materials in works where appropriate.

Shop drawings, working drawings, operations and maintenance instructions submitted by the Contractor

as called for in the Specifications shall include but not be limited to the following:

(i) The surveyed location of all existing services, including pipelines.

(ii) Existing ground levels / seabed levels.

(iii) As built drawings

(iv) Earthwork cross-sections and volumetric calculations.(Dredging and Reclamation Work)

(v) Cross-sections and volumetric calculations.(For Breakwater and Rock Work)

(vi) Temporary works drawings where requested by the Employer’s Representative

Equivalent Products

Where the Contractor offers an equivalent product or material in place of the one specified and accepted

for incorporation into the Works by the Engineer, then the rates and prices in the bill of Quantities shall

deem to include for all the obligations and costs associated with the incorporation of the equivalent into the

Works, including design, provision of drawings, certificates, awaiting approvals, re-submissions and

modifications and amendments to the Works, and the like.

The alternative products used shall be complying with the specifications in all aspects and shall be of

equal or higher quality to the product originally specified in the document, and shall be subject to prior

approval by the Engineer.



Unless specifically stated to the contrary in the Contract, the measurement of the Works affected by the

incorporation of the equivalent products and materials shall be based on the Contract Documents and not

on the Works as amended to incorporate the equivalent products and / or materials.

1.2 Definitions

In this document unless the context otherwise requires, the following words and expressions shall have

the meanings hereby respectively assigned to them. That is to say:

Bill of Quantities: means the list of items giving brief identifying descriptions and estimated

quantities of work to be performed under the Contract;

Final Quantities and scope of the works executed to be re-measured and agreed for the works

and varied works base on the agreed AS BUILT drawings between the contractor and the

engineer (authorized person of the UNOPS, subject to the determination of the UNOPS country

representative)

Preliminary Item: means an item in respect of works, general obligations and risks,

antecedent to or involved in the execution of the Contract and which is set out in a “Preliminaries”

section of the Bill of Quantities;

Note: The word provided as “note” in the Bill of Quantities is an instruction for the Tenderer and

the Tenderer should undertake the related pricing risk and responsibilities covered under the

relevant quantities stipulated in the Bill of quantities.

Rate Only: The word provided as “Rate only” in the Bill of Quantities is a pricing provision for the

Tenderer and he should enter the related price per one unit of such item in the Bill of quantities.

The provision for Rate only item is just for the organizing of the works and will not be executed

and paid for such items unless otherwise instructed by the engineer to do so.

Not Applicable: The word provided as “Not Applicable” in the Bill of Quantities is for an item

which will not be executed, and therefore Tenderer should not be priced the same.

Provisional Sums: Part of the Works covered by the Provisional Sums are to be carried out by

the Contractor, Nominated Supplier, Nominated Subcontractors or any other nominated authority ,

or may be deleted what so ever as determined by the Engineer. Price for the provisional sums are

to be agreed between the Engineer and the Contractor in accordance with the terms and

conditions of the Contract.

Existing Ground Level : means the level of the ground above or below water inclusive of

seabed, before any work under the Contract is carried out.



1.3 Abbreviations

Units of Measurement

The following abbreviations shall be used for the units of measurement:

Unit Abbreviation

Millimetre MM / mm

Meter M / m / Lm

Square millimetre MM² / mm2

Square metre M² / m2

Hectare Ha

Cubic metre M³ / m3

Kilograms Kg

Tonne (1000kg) T / t / tonne

Sum Sum

Numbers No. / Nos. / nr

Hour hr

Week Wk

Month mo

Other Abbreviations

The following abbreviations shall be used in the context of this contract:

British Standard BS

British standard Code of Practice CP

American Standard of Testing Materials ASTM

Chart Datum CD

Lump Sum LS

Provisional Sum PS / Pro, Sum

Sri Lankan Rupees LKR

United States Dollar USD

California Bearing Ratio CBR

Department DEPT, Dept.

Diameter dia.

Drawing Drg., Dwg.

Kilowatt Kw

Minimum Min., min.

Moderate Sulphate Resisting Cement MSR Cement

Provisional Quantity P.Q.

Quantity Qty.

Specifications Spec.

Sum sum

Certificate of Completion COC



2.0 Bills of Quantities

2.1 Specified Requirements (Bill No. 01: Preliminaries)

Temporary Site Buildings

(i) Payment for establishment costs relevant to these items will be by lump sum and will be

certified for payment upon the facility being fully established and ready to use.

No furniture and telephone facility is required to be provided by the Contractor for the

Engineer’s site office

(ii) Payment for maintenance items / time related cost will be made in monthly instalments

commencing from the completion and acceptance of the establishment items.

Item shall cover all costs in maintaining and supplying the Engineer’s office with all

consumables, services, utilities, day and night watchman and full-time tea-boy, etc. as

per requirement by the Contract, including consumption of power and water, for the entire

period of construction counting from the time when the Contractor gives notice that the

facility is fully established and ready to use until the Engineer has fully abandoned the

facility and handed it over with notice to the Contractor.

(iii) Payment for the removal of these items will be by lump sum, which will be made only

after the completion of their removal and will be certified for payment upon the facility

being duly removed or decommissioned, whichever may be agreed by the Engineer.

Transport and Equipment

(i) Payment for transport and equipment items shall commence from the time that the

specified requirements are provided and approved. Rates for supply of vehicles shall

include for fuel and maintenance.

Attendance

(i) Payment for providing attendance upon the Employer’s Representative staff will be in

instalments commencing from such time the services are provided.

Testing of Materials and Works

(i) Payment for testing of materials and works shall be made in instalments pro-rata to work

done against the sums inserted under the relevant pay items for testing, in Bill Section d

Part 1, General Items, Specified requirements, Testing of Materials and Works. Testing

is to be performed strictly in accordance with the Specification. The Contractor will be

responsible for paying Laboratory Charges and other associated cost for all tests

performed on this Contract.



(ii) Rates and Sums for the testing of materials and works shall cover the costs of obtaining

samples by collection, digging, coring and cutting out including making good and for the

costs of materials submitted as samples.

(iii) The lump sum for testing of materials and works as specified and which are to be carried

out in accordance with the specifications shall include for the costs of all tests that are

required to be carried out or repeated for the approval of sources of materials and for the

routine testing of all proposed samples, collected/stockpiled materials proposed to be

used, and the materials that have been used for the works.

Name Boards

(i) Provide, erect, maintain and later remove name boards shall be certified for payment,

when erected, as per the unit rate given in the BOQ. Size of the name board shall match

the detail drawings and shall be as approved by the Engineer.

Performance Guarantee and Advance Payment Guarantee / Security

(i) Performance and Advance Payment Guarantee shall be on demand, unconditional, from

a bank acceptable to the Employer.

(ii) Payment for this item will be made when the Security or Guarantee in the specified

format has been provided and accepted by the Employer.

Other Security Bonds

(iii) The Contractor shall submit with his tender a breakdown with the cost specified for each

security bond or guarantee that he may wish to get reimbursed under this item.

(iv) All securities and guarantees, including Bid Bond, shall be on demand, unconditional,

from a bank acceptable to the Employer.

(v) Payment for each bond or guarantee will be certified in accordance with the agreed

breakdown and when the individual bond or guarantee has been submitted to and

approved by the Engineer.

Insurance

(i) The Contractor shall submit with his tender a breakdown with the cost specified for each

insurance policy that he wishes to get reimbursed under this item.

(ii) Payments for each insurance will be certified in accordance with the agreed breakdown

when the individual insurance policies together with proof of full payment of its premium

has been submitted to and approved by the Engineer. All insurance policies submitted

shall be on demand and unconditional, from an insurance organisation acceptable to the

Employer



Temporary Works

(i) Payment for temporary works will be in monthly instalments, pro-rata to the measured

works completed.

(ii) All materials supplied by the Contractor for temporary works shall remain in the property

of the Contractor and their removal from site is deemed included in sums and rates.

Time -Related Charges

(i) Time - Related Charges shall not be subject to re-measurement. The Contractor shall

distinguish between “Time - Related Charges” and “Fixed Charges”.

(ii) Payment for establishment costs relevant to these items will be by lump sum which will

be made only after completion and acceptance of all facilities.

(iii) Payment for maintenance/time related costs will be in monthly instalments commencing

from when the facilities are made available and accepted by the Employer’s Representative.

(iv) Contractor shall furnish detailed invoices and receipts of bill payments from the relevant

local authority for all subscription fees and actual consumption of said facilities, provided

that such use has been clearly recorded individually for units to which the Engineer has

soles access.

(v) Payments can be suspended, reduced or deleted from any Contract Payment if, in the

opinion of the Employer’s Representative, the Contractor is not fulfilling his obligations.

Provisional Sums

(i) Provisional Sums may only be expended upon the instructions of the Employer’s

Representative. The work will be valued in accordance with the General Condition of

Contract.

(ii) The Provisional Sums included in the Bill of Quantities may be used in whole or in part or

not at all on the instruction of the Employer’s Representative.

(iii) Percentage for adjustment of Provisional Sums as provided in the General Conditions of

Contract shall not be applicable to any work carried out by other parties employed directly

by the Employer. Payments for such parties shall be made directly by the Employer.



2.2 Day Works

A Day-Works bill is included in the Bill of Quantities for use when a work is executed on a day-work basis in

accordance with the General Conditions of Contract. Work shall not be executed as day-Works except by

the written order of the Engineer. Please also refer to the Notes under the Day Works Bill.

(i) Labour

Payment in respect of labour used in the execution of the day-Works shall be at the hourly rate stated in

the Day-work Bill. Separate payment shall be made in respect of the amount of wages of the Contractor’s

Site Supervisory, Administrative Staff or other minor categories of labour not listed.

The inserted rates for labour shall cover all bonuses, statutory charges and all other charges and costs in

respect of or incidental to the employment of the said labour, except only the cost of materials and

Constructional Plat. The rate shall also include the costs in respect of portable tools such as picks,

shovels, barrows, trowels, ladders, hand-saws, buckets, trestles, hammers, chisels and all items of a like

nature, which for the purpose of work executed on a day-work basis shall not be considered as

Constructional Plant.

(ii) Materials and Goods

Payment in respect of materials or goods used in the execution of work on a day-work basis shall be net

cost of materials or goods plus the required percentage addition stated in the Appendix to tender.

The “net cost of materials” means the net cost of such materials or goods delivered by the supplier to store

or stockpile on the Site.

The stated rate shall cover the costs of taking delivery and putting into the store or stockpile, usage of any

minor tools/equipment not listed under plant and equipment, storage, overheads and all other charges and

costs in respect of or incidental to the procurements and handling of such materials or goods.

The costs of taking the materials from the store or stock pile on site to the place where they are used shall

be paid for at the appropriate day-work rates for labour and Constructional Plant.

(iii) Constructional Plant

The inserted rate for Constructional Plant shall be paid for the plant when actually employed directly in the

execution of the work on a day-work basis, excluding any travelling time, associated movement on the site

with a prime mover or idling hours. The rate shall include the following:

a) The cost of Constructional Plant including maintenance and spares, fuel and fuel distribution,

oil grease, and any other consumables.

b) The cost of crews, operators/drivers and attendants.

c) All overheads, profits and other costs associated with the plant being required to work on a

day-work basis.



3.0 TRADE PREAMBLES

3.1 General

a. The Tenderer shall, prior to preparation of the Tender, read and be fully conversant with the

description of relevant items of work and the requirements stated in the Contract Documents including

the Instructions to Bidders, Tender Form, General Conditions, Particular Conditions, Tender

Drawings, General Specifications and Particular Specifications and any other information that can be

reasonably inferred from any of them. All obligations contained in the said documents shall be

included in the item rates and final tender price.

b. The Tenderer shall read and be fully conversant with the description of workmanship and materials as

described in the above Specifications of works prior to preparation of the Tender.

c. The Tenderer shall refer to the relevant Clauses of Pricing Preamble when pricing composite items of

works.

d. Where the word "Allow" occurs, the cost of such works and or items shall be at the risk of the

Contractor and the payments will be made to the Contractor for such works and or items in

accordance with contract, provided such works and or items have been actually executed to the

satisfaction of the Engineer.

e. The rate for each item must be comprehensive and must include for complying in all respects with the

requirements of the aforesaid Specifications, these Pricing Preambles, and cover all obligations under

the Contract, and all matters and things necessary for the proper construction, completion and

maintenance of the Works. No claim for additional payment will be entertained due to any error or

misunderstanding by the Contractor of the work involved.

f. The rates and prices entered in the Bills of Quantities shall be the full inclusive value of the completed

work and shall have taken full account of all requirements and obligations, covered by all parts of the

contract, including the following - unless expressly stated otherwise:

i. All setting out and survey works including in - survey and out - surveys

ii. Preparation and submission of detailed shop drawings, as built drawings, working drawings,

Operations and Maintenance Instructions as and when required by the Engineer.

iii. Temporary works

iv. Complying with any limitations and constrains on the use of the site

v. Dealing with the existing flow of water from any source including ground water, sewage and the

like.

vi. The effect on the phasing of the Works or any element of the Works to the extent set forth or

reasonably implied in the documents on which the tender is based.



vii. Locating and taking measures for the support and full protection of pipes, cables and other

apparatus during the progress of the Works, obtaining written consent of appropriate authority to

interrupt the service or supply and for keeping the Engineer informed of all arrangements he

makes with the owners of privately owned services or supplies and Public Authorities as

appropriate.

viii. General obligations, liabilities and risk involved in the execution of the Works set forth or

reasonably implied in the documents on which the tender is based.

ix. Land required for tips and stockpiles including all costs for obtaining any necessary licenses and

approvals.

x. Allowance for phasing requirements of works, effect on programming of the works of all traffic

diversions and construction activity associated with diversion or installation of services.

xi. For all restrictions on working due to inclement weather or weather related conditions, shipping

movements and working operations within the site.

xii. For working alongside and liaising with other Contractors working on the same site.

xiii. Attendance and transport for surveys, sampling and testing, carried out by the Engineer.

xiv. Performing all sampling and testing which are required to be carried out by the Contractor, and

supplying results of such tests.

xv. Providing required material delivery certificates.

xvi. Complying with environment statutory requirements, obtaining necessary permissions, licenses

etc. from relevant Municipal Council and/or any other relevant authority under which particular

item of work is to be executed, and providing relevant documentation for the same, unless

otherwise included in the Preliminaries;

xvii. Labour and all connected costs;

xviii. The supply of materials, goods, storage and all costs connected therewith including haulage,

taking over of materials and goods supplied by others, storage, carriage, freightage, returning

packing, hoisting or lowering, placing and compacting of materials and goods in position,

including usual auxiliary material etc., replacing work, goods or materials damaged, broken, lost

or stolen until the issue of a Certificate of Completion;

xix. Preparatory works and setting out of particular item;

xx. Plant and equipment unless otherwise included in Preliminaries;

xxi. Handling of materials and working in situation where there is very restricted working space or no

working space;

xxii. Square cutting and waste of materials;

xxiii. Forming of ends, angles, mitres and junctions between straight and raking or curved work;

xxiv. Protecting and cleaning;



xxv. All other incidental works and necessary works which are not described in the BOQ, but

described in the aforesaid specifications and or shown in the drawings for the proper completion

of the relevant items of work;

xxvi. Establishment charges, overheads and profit.

xxvii. All necessary scaffolding work including supply, erection and dismantling.

Measurement Methods

The final quantities shall be computed net using dimensions from the drawings, relative to Existing Ground

Levels as per the agreed drawings persuading to the Conditions of Contract, except where clearly stated

otherwise under individual items in the drawings and the BOQ. No allowance shall be made for bulking,

shrinkage or waste.

If geometric tolerances on the Contractor’s work, whether they are within or without the specified

tolerances, cause any increase in quantities relative to the computed net quantities from the drawings then

such increases shall deem to be included in the rates and such additional quantities shall not be included

in the measurement for payment. No deduction shall be made for tolerances within the specified limits.

Quantities shall be measured with the same place of decimal as stated in the bills.

3.2 EXCAVATION AND EARTH WORK

1. All work under this section is measured net.

2. The Contractor shall be responsible for the design and execution of the excavation and earthwork

support methods where necessary, which is subject to scrutiny by the Engineer. However, scrutiny

by the Engineer shall not in any way relieve the Contractor of his responsibilities and duty regarding

care of work.

3. Existing Ground level indicated in the drawings shall be the level of trimmed ground free of all

structure, paving, plinths, foundations and the like.

4. Depths of all excavations are taken from the immediate filled ground level.

5. Where a compacted earth fill is specified or indicated in drawings it shall mean approved granular fill

of imported material, or selected excavated material.

6. Dewatering shall mean disposal of surface water and ground water collected or found in excavated

areas which is likely to adversely affect the Works.

7. Disposal of ground or surface water shall be done by any accepted method, with the least

inconvenience to the public and in accordance with relevant local government regulations.

8. Excess excavated material shall be the property of the Contractor, who is responsible for disposal of

such material at a location off or within the site as quickly as possible, as directed by the Engineer.



9. Rates for compacted earth fill, granular fill and gravel and sand beds shall include for finishing sub-

grade to slopes and falls, depositing in layers, levelling, blinding, and machine or hand-packing to

form vertical or battered or level faces, and for forming sinking where required.

10. The contractor is obliged to remove any remaining debris and or parts of foundations, slabs and the

like remaining under ground which would interfere with the proposed works.

11. The Contractor is advised to examine the soil report available with the Engineer for the type of soil

encountered at the site during the investigation.

12. The Contractor is required to inspect the site in order to acquaint himself with the conditions of the

site and subsoil condition prior to preparing his tender.

13. The Contractor shall obtain all detail information from the relevant authorities in compliance with

relevant acts, by laws and regulations to excavations and earth work supports.

14. The Contractor shall submit samples and obtain test certificate as required in the contract or as

directed by the Engineer.

15. The Contractor is required to obtain prior approval from the Engineer for earthwork supports to sides

of excavations, before commencement of the work.

16. Area of shoring / earth work supports will be measured from the commencing level of excavation to

the bottom level of excavation.

Rates for Excavation and Earthwork shall include for:-

a. Accepting site as found and preparing site to a condition suitable for proper execution of the Works ;

b. Excavating, filling and compacting by whatever means are necessary manually or by machine, in any

type of ground or on concrete slab, except in rock requiring blasting.

c. Trimming and keeping sides plumb, keeping clean and consolidating bottom of excavations and

formed earthwork structures and compacting bottom of excavations to the required density.

d. Back filling and disposal of surplus excavated materials off site as directed.

e. Any necessary additional work required under the Works and any additional excavation required for

working space and the like and necessary earth work supports.

f. Any additional trimming or filling in small quantities required under the Work, provided, specified or

approved unless otherwise measured separately ;

g. Fixing, maintaining in position and removing of earthwork supports.

h. Keeping all excavated areas free from surface / ground water by pumping or other approved method.

i. Making good all disturbed work including public roadways, pavements etc.

j. Preparation of earth surfaces to the specified levels and profiles to receive concrete.



3.3 TREES AND PLANTS

1. All root balled trees, shrubs, creepers and other plants including sods for grass covers shall be

obtained from licensed and recognised nurseries of the choice of the Contractor with prior written

approval from the Engineer.

2. All costs and other work involved in complying with the local authority and governmental laws, rules

and regulations and complying with the Central Environmental Authority regulations including

obtaining necessary licenses / permits pertaining to transporting and the source of supply of plants,

and other planting materials shall be the responsibility of the Contactor.

3. All plants / trees will have the specified height / size measured as stipulated under the relevant

Specifications.

4. If the Engineer decides any tree / plant not healthy or unsuitable for planting or not having the

required height such trees / plants will be rejected. The Contractor shall replace at his own cost,

such plants with healthy plants / trees as approved by the Engineer.

Rates for trees and plants shall include for:-

a. Preparation of trees for planting during the preparation period indicated under the Specifications;

b. Transporting, loading unloading and hoisting to the roof garden level with suitable temporary hoists or

by other means;

c. Temporary storage of all plant materials in suitable location under the conditions required for the

various types of plants until they are planted in position;

d. Transportation of trees / plant and other plant materials on site by suitable means;

e. Hoisting and planting in planting pits, cylinders or elsewhere prepared with soil topsoil and fertilisers

as per the Specifications;

f. Providing sufficient staking, strutting, supporting and protective fencing or any other safety measures

to all trees and plants until the trees / plants are properly established;

g. Providing sufficient protection to all plant materials including plants and trees, top soil, fertilizers and

the like during the entire process and until the end of the maintenance period stipulated in the

Specifications and the Bills of Quantities;

h. Maintenance of trees / plants during the entire maintenance period including watering, weeding,

replacing dead or unhealthy plants / trees, fertilising, including full time maintenance labour /

supervisor on site.



3.4 CONCRETE, FORMWORK AND REINFORCEMENT

Concrete

1. The concrete used throughout this construction shall confirm to the requirements stated in the

Specifications. Unless otherwise approved by the engineer ready mixed concrete from an

approved manufacturer shall be used in the work.

2. Ready mixed concrete used shall conform to relevant specification provisions.

3. Formwork and necessary reinforcement shall be priced with concrete if separate items are not

provided for such in the Bills of Quantities.

Rates for concrete shall include for:-

a. Obtaining ready mix concrete, where necessary, as per specifications, and obtaining test report from

the manufacturer.

b. Transporting, admixtures, handling, pumping / hoisting and placing at any height or depth.

c. Packing and tamping around reinforcement, including vibrating.

d. Mixing, hoisting / lowering, placing in position and packing around reinforcements, site mixed

concrete.

e. Vibrating and curing as specified.

f. All necessary stop boards, construction joints etc.

g. Finishing to slopes and falls and cross falls prepare surface ready for screed or paving where

necessary including cutting to sizes and temporary supports to form necessary grooves.

h. Water bars / water stops where necessary.

i. Making good after removal of form work.

j. Making provisions, in concrete to fix any fixtures required under the work.

k. Making provisions, leaving openings, sleeves for all pipe work and making good around openings.

l. Rates for plain concrete blinding beds shall include for any necessary formwork at edges for the extra

width of concrete which may be required in lieu.

m. Concrete strength testing as specified.

n. Expansion joints as required or as shown in the drawings / as per the specifications.



Reinforcement

2. It is the responsibility of the Contactor to calculate the actual requirement of reinforcement based

on Construction Drawings, before placing the purchasing order.

3. Where high-yield steel is specified, steel conforming to specifications may be used. The

Contractor shall, if required, submit a certificate of origin and compliance with the requirement of

related standards to the satisfaction of the Engineer. Such certificate shall be obtained from an

Independent laboratory at the contractor's own cost.

4. Mesh reinforcement or other steel shall conform to the relevant standards and the Contractor shall

obtain prior approval from the Engineer.

5. Standard length of reinforcing bar for the purpose of measurement shall be 6.0 m.

6. Payment for bar reinforcement shall be to the nearest second decimal places of a tonne (t).

Rates for reinforcement shall include for:–

a. Rolling margin ;

Note :- Rolling margin is the difference in weight between the theoretical and actual weights of

bar reinforcement of respective diameter. The minimum weight of steel stated in the BOQ

is considered as the theoretical weight.

b. Preparation of bar bending schedules and obtaining the Engineer’s approval ;

c. Straightening, cutting, bending, cleaning, hoisting, and tying in position of steel reinforcement at any

height or depth;

d. Cutting waste and rolling margin of steel reinforcement;

e. Tying wire, spacer blocks, chairs, hangers etc;

f. All splicing, laps and passing at angles etc. in steel reinforcements other than designed laps;

g. Where Fabric reinforcement is used the cost of placing in position for all cutting, distance pieces,

bending, holes, notching, tying wire, distance blocks, chairs, hangers, tying at laps and for the cost of

materials in laps. (Laps will not be measured separately);

h. Aligning and supporting in position during concreting;



Formwork

Formwork shall be capable of achieving the specified finish.

1. Formwork shall include for all temporary or permanent forms moulds required for casting the

concrete in-situ and all the temporary construction required for supports.

2. Formwork for the structural works shall be of approved quality timber, Plywood, or steel or any

other approved materials.

3. Refer relevant specification provision for the full description of formed finishes.

4. Formwork shall be properly designed and strictly as described in the specifications for the

particular type of concrete surface finish and it should be sufficiently strong and grout tight.

Rate for Formwork shall include for:-

a. Fabricating, setting up and erection at any height or depth and striking off and cleaning, preparing for

reuse and removing of formwork;

b. All necessary props, joists, struts etc., incidental items and materials such as nails, screws anchors

hooks etc for formwork at any level, including additional propping, strutting and supporting decks;

c. Formwork in narrow widths and small quantities; for setting up, strutting and supporting at any height;

d. Unrecoverable formwork;

e. Coating with form oil, sprayed plastics or lining;

f. Rubbing down and making concrete surface good after removal of formwork;

g. Sealing of joints to avoid leaking of cement grouting;

h. Cleaning the surface before concreting (removing dirt, saw dust etc.)

Precast Concrete

Where Pre-cast Concrete elements are used, rates for same shall include for: -

a. Casting with all necessary concrete, Formwork and reinforcements including forming pockets and the

like and filling of such pockets, providing lifting hooks or other devices to the approval of the Engineer;

b. Loading, transporting to site, unloading, handling and stacking;

c. Hoisting to any height or depth including providing any lifting holes or other devices to the approval of

the Engineer, erecting and fixing in position as specified, building in, including bedding and jointing in

mortar / concrete as required, and any necessary strutting and supporting;

d. Complying with requirements of the relevant Preamble clauses;

e. High tensile wires, wedges, spacers, grill plates, etc. in case of pre-stressed concrete units and labour

in connection therewith;

f. Testing pre-cast units, if required.



3.5 MASONRY WORKS

1. Random rubble masonry work in retaining walls / foundations shall include for necessary footings

etc.

2. Where masonry walls are unsupported laterally and the panel area is greater than 12 m2, then

stiffener beams and columns shall be introduced as per specifications and typical details to the

approval of the Engineer. Concrete, form work and reinforcement in stiffener columns and beams will

be measured separately.

Rates for Masonry work shall include for:-

a. Straight cutting and wastage;

b. For providing sleeves where necessary and making good;

c. Bonding ends of new walls or existing walls and bonding of different types of walls together;

d. Providing suitable flexible sealants to joints at masonry walls to RC structure;

e. Providing GI or stainless steel anchors netting to fix with RC work;

f. Concrete and Form work in stiffener columns and beams (these will not be measured and paid

separately but will be deemed to be included in the brick work rates);

g. Building at any level or height, additional labour required, transporting, hoisting all cutting, bonding at

angles and intersections, building into or against adjacent work, wedging and pinning up;

h. Necessary cutting required in walls which are not multiples of brick size ;

i. Sampling and testing of bricks and brick work as per specifications and or relevant standards;

j. Filling cavities with cement sand mortar where necessary.

k. All necessary scaffolding work including supply, erection and dismantling.



3.6 WATERPROOFING

a. Refer particular specification for waterproofing over RCC slab and other concrete structures. The

Tenderer shall submit with his tender, a complete set of specifications and other technical

information relevant to the products he intends to incorporate in the works, for water proofing

purposes.

b. Waterproofing treatment over slab shall be of membrane type unless specified otherwise in the

drawings or specifications, and shall be strictly in accordance with the Manufacturer’s Specifications.

c. The Contractor is obliged to furnish the Employer with a warranty valid for a period of ten (10) years

after handing over the Works in the form required by the Employer.

Rates for waterproofing work shall include for:-

a. Executing water proofing work strictly as per manufacturer's instructions and for carrying out work

through manufacturer's accredited agents or licensed specialist contractors.

b. Cleaning and preparing surface to be water proofed where necessary and application of water

proofing materials as per specifications/manufacturer's instructions and to the best practice.

c. Providing product samples, finished specimen areas etc, if required by the Engineer.

d. Fair edges, rounded edges, drips, arises and angle fillets etc., forming internal and external angles,

additional layers of reinforcing fabric and or flexible membrane at expansion joints and at junctions

between horizontal and vertical surfaces.

e. Working around parapets and other vertical surfaces rising from the slab, rain water outlets etc.,

f. Complying with industrial regulations and requirements of relevant authorities.

g. Forming or chasing grooves rebates etc, where necessary and turning waterproofing materials into

chases and pointing as specified.

h. Forming internal and external angles, bonding bricks and the like.

i. Lining to rain water outlets, cesspools, brackets, collars around existing structures and the like.

j. Cutting to line and jointing new to old asphalt.

k. Temporary screeds, ground and rules.

l. All necessary scaffolding work including supply, erection and dismantling.

m. Testing after completion, rectification (if any), and providing guarantees as specified.



3.7 WOOD WORK

a) All timber shall be approved quality Class 1 timber unless specified otherwise in the specifications or

drawings.

b) The work shall include supply, fabricate and installation of doors / windows, with approved quality

timber and finished as per the respective specification and the drawings.

c) All samples shall be provided for Engineer's approval prior to purchase of material.

d) All timber shall be pressured impregnated termite proof, seasoned, planed timber and sand papered

by hand to have a smooth finish to receive paint.

e) Only 16% of moisture content is recommended for all timber.

f) The sizes given in the drawings and description of Bill of Quantities are final finished sizes.

g) The contractor shall check the measurement of openings physically at the site before fabricating the

doors / windows.

h) All the locks and ironmongery shall be as approved by the Architect. Samples shall be approved by

the Architect prior to purchase.

i) Ironmongery and door furniture used including nails, screws, hinges, stays, pull rings and the like

shall be of brass unless specifically stated otherwise in the drawings or the specifications.

Unless specified otherwise, rates shall include for:

a) Hoisting and fixing in position, drilling and making good.

b) All necessary brass nails hinges and screws, glue, rawl plugs etc,.

c) Unless specified otherwise, 5mm thick clear float glass as appropriate to suit the respective doors

and windows.

d) Fixing timber frames / sashes with brass screws, lock sets with 3 keys manufactured in Europe to be

used on all doors.

e) Painting with two coat of wood preservative, two coats of primer and two final coats of wood sheen

spray paint



3.8 STRUCTURAL STEEL, METAL WORK

j) All steel / metal / GI sections should comply with the relevant standards and should posses the

required thicknesses and grades as determined by the Engineer.

k) Metal work shall be fabricated carefully and accurately to ensure compliance with design and

performance requirements using types and grades of metal as specified for the purpose. The

finished work must be free from distortion and cracks.

l) All ferrous metals shall be free from rust seals and other defects and the various shapes shall be

clearly rolled or otherwise formed to uniform section.

m) All non ferrous metal shall have uniform finished surfaces machined and buffed free from defects

and section shall conform accurately to the sizes and shapes required.

n) All welds shall be properly made by experienced tradesman and shall be cleaned off and buffed

smooth and even where visible in the finished work.

o) The Contractor shall submit detailed shop drawings of metal work components to the Engineer prior

to fabrication of same.

p) The Contractor must ensure that all necessary inserts lugs etc, required for fixing metal work units,

are embedded in accordance with the approved Shop Drawings.

q) The inserts etc, already placed in position shall not be shifted or removed without the written

approval of the Engineer.

r) Where dissimilar metals are in contact, approved separators shall be used.

Rates for metal work shall include for:-

a. All fabrication work, notching drilling for bolts etc.;

b. All welds and bolts;

c. Cutting and wastage;

d. Delivery, unloading, handling, hoisting, fitting and fixing in position at any height or depth and grinding

of all exposed welds flush and smooth;

e. Providing separate strips etc, between dissimilar metals to prevent galvanic action;

f. Fixing all bolts and building in lugs etc.;

g. Submitting shop drawings for the approval of the Engineer;

h. Making good the works disturbed;

i. Cleaning and applying two coats of rust inhibitive paint or the application of spray on fire proofing as

per specifications to the unprotected steel trusses, beams and steel members to achieve a three hour

fire rating;



j. Supplying samples of materials and composite units to the engineer for the approval;

k. All necessary scaffolding work including supply, erection and dismantling.

3.9 WALL FINISHES

Rates for Wall finishes shall include for:-

a. Temporary rules, screeds grounds etc. for racking out joints of brick/block work and hacking concrete

surface for forming key;

b. Forming joints between different surfaces and expansion joints;

c. Forming arises and stopping against joinery work, metal work etc.;

d. Making good or tile cutting to any required shape or size around pipes, sanitary fittings and fixtures;

e. Cutting and waste of tiles or other wall finishing materials;

f. Pointing to match tiles as approved;

g. Preparing surfaces for finishing or bed/backings;

h. Moulded and chamfered edges, rebated edges, splayed edges, round edges, grooves etc.;

i. All moulding work, plaster bands, decorative work in connection with plastering and finishing;

j. All necessary scaffolding work including supply, erection and dismantling;

k. Cleaning and polishing of tiles after completion;

l. Providing samples and obtaining necessary approvals as and when required by the Engineer.

m. Provide and obtain necessary approvals for the expansion joints if any

n. Protection of the completed work until the work is properly handed over to the Employer.

All narrow widths, small areas, columns, vertical surfaces of beams, edges of slab, lintels etc if not

measured separately, will be measured with the main items.



3.10 CEILING FINISHES

Rates for ceiling finishes shall include for :-

a. Hacking concrete surface for forming key;

b. Forming joints between different surfaces and expansion joints;

c. Forming arises and stopping against joinery work, metal work etc.;

d. Making good around pipes, sanitary fittings and fixtures, light fittings etc.;

e. Moulded and chamfered edges, rebated edges, splayed edges, round edges, grooves etc.;

f. All moulding work, plaster bands, decorative work in connection with plastering, finishing work;

g. Joining of different types of ceiling finishes as shown on drawings;

h. Framing together all work in accordance with the best practices;

i. Nails, screws, glue, plugs, hangers, rods, sub-frames etc.;

j. Make good all work disturbed;

k. All necessary scaffolding work including supply, erection and dismantling;

l. Provisions made for lighting points, access panels etc., in different kind of ceilings;

m. All supporting system for suspended ceilings;

n. Additional materials/labour required for working around light fittings, A/C diffusers, grills, drops of

different types of ceilings systems;

o. Providing access panels;

p. Cutting and wastage of all ceiling materials;

q. Protection of completed work until the work is properly handed over to the Employer;

r. Co-ordinating with other trades;

s. Providing samples and obtaining necessary approvals as and when required by the Engineer.

All narrow widths, small areas, soffit of beams, etc not measured separately, but will be measured with the

main item.



3.11 FLOOR FINISHES

Rates for Floor Finishes shall include for:-

a. Preparing surface for finishing or screed/backing;

b. Forming joints between different surfaces, and expansion joints;

c. Finishing to slopes, falls and cross falls;

d. Making good or tile cutting to any required shape or size around pipes, sanitary fittings and fixtures;

e. Cutting and wastage of tiles and other floor finishes;

f. Pointing to match tiles as approved;

g. Moulded and chamfered edges, rebated edges, splayed edges, round edges, grooves etc.;

h. All ends and angles of risers and edges of landings;

i. Cleaning and polishing of tiles after completion;

j. Providing samples and obtaining necessary approvals as and when required by the Engineer.

k. Provide and obtain necessary approvals for the expansion joints if any

l. Protection of the completed work until the work is properly handed over to the Employer.

All narrow widths and small areas if not measured separately, will be measured with the main items.



3.12 ROOFING WORK

Rates for roofing work shall include for:-

a. Laps, raking, straight and circular cutting and waste on roof covering materials;

b. All cutting, notching, drilling, trimming, framing, jointing, splayed edges and the like;

c. Cutting and other waste of all materials;

d. All necessary scaffolding work including supply, erection and dismantling;

e. All structural steel work shall be sand blasted and painted with one coat of an approved rust –

inhibitive primer, one coat of an approved under coat and two finishing coats of approved epoxy paint

as specified and to the approval by the Engineer.

f. Members of any length;

g. Fixing in position complete with all necessary nails, screws, clips, rivets, straps, and the like;

h. All shop fabrication work, making, delivery, unloading, hoisting, elevating and fixing in position as per

detail drawings;

i. Ridge capping, gable capping and flashing unless otherwise measured separately.

j. Junction boxes, reducers of any size, mitre ends, running heads etc for roof plumbing installation

system. (For rain water gutters and down pipes.)



3.13 PAINTING

a. All paint material shall be of quality acceptable to the Architect and shall be from a manufacturer

approved by the Engineer.

b. All surfaces to receive paint shall be well cleaned and smoothened as specified and the prepared

surface shall be approved by the Engineer before applying paint.

c. Cavities and uneven surfaces in plastered areas shall be filled with gypsum or other suitable approved

filler material and allowed to set, and sand papered to give a smooth and even surface.

Rates for painting shall include for:-

a. All necessary scaffolding work including supply, erection and dismantling;

b. Preparation of surfaces, cleaning down;

c. Smoothing, knotting, stopping etc.;

d. Protecting floors, fittings etc.;

e. Removing and replacing door and window furniture and cleaning upon completion;

f. Providing samples and specification of all paints to be used in the works;

g. Preparation of approved plastered wall surfaces before applying paint;

All narrow widths and small areas if not measured separately will be measured with the main items.



3.14 ALUMINIUM AND METAL WORK INSTALLATION

General

a. A detail submission of catalogues, technical specifications, characteristics, literature and other data

fully describing the system, components, fixtures, fasteners, locks, hardware, glass and other

materials should be forwarded with the Bid.

Rates for Aluminium and Metal Doors, Windows, Shop Fronts, Fire Doors and Sky Lights shall include for

a. Measuring the sizes of openings at site and preparing Shop Drawings / Working Drawings before

fabrication commences.

b. Supply and fixing of the system to masonry / concrete wall, floor or ceiling inclusive of all approved

materials, components fasteners, fixtures, locks and hardware.

d. Lifting, hoisting of materials / components to the required floors, levels by any means acceptable to

the Engineer.

e. Providing all necessary scaffolding.

f. Maintaining an approved protective coating until practical completion.

g. Removing protective coating, Cleaning down both sides and making good all damages.

h. Testing of all Aluminium units for water infiltration after and during installation.

i. Measuring the sizes of openings at site and preparing Shop Drawings before fabrication commences.

j. Coordinating with other trades.

k. Supplying pre-shipment certificates by an acceptable international surveyor, certifying the Aluminium

components and the glass with respect to

i. Source and country of manufacture.

ii. Country of Origin.

iii. Conformity to Specifications.

iv. Conformity to System offered.

v. Conformity to the product offered.

l. Furnishing an acceptable guarantee for the system and the installation for a period of ten years from

the date of practical completion and hand over. The format of the guarantee should be submitted

with Bid.

m. Appropriate beadings, sealant, screws, nails, washers etc.

n. Protection of the completed work until proper handing over to the Employer.



3.15 ELECTRICAL INSTALLATION

a. Work shall be carried out by an experienced electrical contractor who has had previous

experience in similar projects and shall have necessary tools, equipment and experienced staff for

Electrical installation and Testing.

b. When procuring main cables the Bidder shall take into account actual physical measurements to

avoid joints. Special orders shall be placed with manufacturers for cable lengths more than 100

meters.

c. All imported products and fittings shall have the country of manufacture and the specification

number marked distinctly.

d. Fixing heights from floor level, unless directed by the drawings and specification otherwise, shall

be as follows:

Main switches (switch fuses) - 1.5 m

Distribution boards - 1.7 m

Lamp fittings - 2.4 m

Ceiling fans - 2.6 m

Switches and fan regulator - 1.4 m

Socket outlets - 0.2 m (or as instructed)

Rates for Electrical works shall include for :-

a. Assembling and jointing together and for any jointing material; for fixings and supports to each

and any background inclusive of all fixing materials, components and special mountings; for

cutting and pinning or building in all fixings and supports, including subsequently making good;

and for disconnecting and re fixing equipment and fittings to enable other trades to proceed.

b. All wall, ceiling or floor sleeves and plates as required including any necessary packing and water

tight cable entries at locations with risks of water leaks.

c. All identification plates, discs, labels, type of service indicators, warning notices, circuit schedules,

instruction charts and the like.

d. Marking the position of all holes, mortises, chases, sinking and the like in both the structure and

its coverings and for forming or cutting away same as required and for building in and all making

good in connection therewith.

e. Switchboards, switchgear, distribution boards, control gear, fittings, equipment and the like shall

include for all fuses, MCBs, RCCBs, isolators, relays, contactors, instrumentation, indicators,

interlocks, metering, cable entry boxes, gland plates earthing connection and the like and

levelling.

f. Bus way systems where applicable shall include fire barriers, bends, joints, end boxes, end

covers, fuses, hangers, expansion joints and all other installation material.



g. Cables shall include for all fixings as necessary, cable terminations and glands, joint boxes,

earthing lugs, bus bar clamps and the like; for drawing cable into conduit or ducts, laying into

trunking or trenches, or fixing to cable tray or the fabric of the building; for bonding to earthing

points and the like; and for all identification labels, markers and tags as required. Installation of

under ground cables shall include cutting trenches, laying cables as required by regulations, filling

with sand, supplying and laying protecting tiles, warning tapes and compacting.

h. All PVC conduits shall be embedded, unless otherwise specified. Raceways and accessories

shall be of galvanized steel and shall include bends, tees, covers, joints, brackets, hangers and all

other required installation material.

i. Conduiting, (rigid and flexible) cable trays, trunking, ladders and any other means of support

and/or mechanical protection to cables, forming openings in trunking; for bushing materials, pin

racks and fire barriers; for suspension sets; and for all fittings, accessories, boxes and the like.

j. Lamp fittings shall include for all associated lamps, control gear ballasts, starters, capacitors,

diffuses, suspension sets and fixings including boxes, conduit boxes, wooden blocks, moulded

pattresses, break-joint rings, ceiling roses, connector blocks, compression glands, flexible cords,

all wiring and the like as required.

k. Lighting and small power (or socket outlet) wiring circuits shall include PVC insulated copper

cables including earth cable of required cross section drawn in PVC or other conduits as per

Specifications including junction boxes, ceiling boxes, wall boxes and electrical and other

accessories.

l. Accessories shall include all necessary back plates, boxes, screws, nuts and bolts, iron / G.I.

brackets, rods, clips as per specification and all other necessary materials to complete the

installation.

m. Transporting of all electrical equipment shall include the use of cranes, folk lifts and all other

methods of transport.

n. Protective painting to plant, equipment, conduit and the like shall include for all preparatory work

and painting with rust inhibitive or other protective paint or coating.

o. Decorative painting to all exposed plant, equipment, conduit and the like shall include for all

preparatory work, primers, undercoats and finishing coats of paint to approved colours.

p. Preparing, making applications to statutory authorities and all follow up work and co-ordination to

obtain permanent electrical connection to the building. Statutory payments made to authorities in

this respect will be reimbursed to the contractor by the Client on submission of documentary proof

of such payments.

q. Coordination of work with other services / subcontractors.



3.16 WATER SUPPLY, SEWERAGE AND DRAINAGE WORKS

3.16.1 General

The work comprises of labour and materials necessary to all appliances and fittings and joining

them to the respective mains in a manner directed by the Engineer.

The Contractor shall;

a) Supply a certificate stating that each item supplied has been subjected to the tests laid down in the

specifications and conforms to the specifications and regulations of all the statutory authorities, in all

respects.

b) Obtain approval and compliance from the Local (Municipal) and other Regulating Authorities before

commencement of the installation, during and after completion of the installation.

c) Comply with the relevant Sri Lankan, British, American or any other standard as given under the

specifications and with the regulations of the Local Authorities.

d) Ensure that all fittings and accessories indicated in the drawings and specifications include all pipe

fittings and attachments, valves, gauges, switches, pumps and all such accessories as per the relevant

standards for the proper functioning of the system and should not be limited to those given and

indicated in the Plumbing Drawings.

e) Supply and fix sanitary appliances as shown on drawings completed with suitable traps and other

fixtures viz.: seat covers, cisterns, etc.

f) Fix sanitary fixtures complete in position and connect to cisterns, taps, vents, waste and soil pipes.

g) Ensure that accessories and fittings identified in this Bills of Quantities shall be from one manufacturer

wherever possible, similar design range and matched. The fittings and specials shall also be suitable in

all respects to the pipe line to which these fittings and specials are fixed.

h) Prepare three sets of “as built drawings” and “preparation and maintenance manuals of equipment“ with

two sets for the client and one set for the Engineer.

i) The above items should all be accommodated in the quoted rates and no additional payments would be

made for above

3.16.2 Sanitary Fittings and Plumbing.

The whole of the sanitary works shall be carried out by a licensed sanitary plumber according to the

layout and as specified and as directed at site. It should be noted that the positions shown on plans

are approximate. Exact positions would be indicated at site.



Rates for sanitary fittings shall include for:

a) Fittings such as taps, waste water outlets, flushing cisterns, flush valves, internal overflows etc., the

supporting brackets and incidental materials for fixing.

b) Assembling, jointing together, fixing components and jointing to pipes inclusive of necessary couplings

and for leaving perfectly clean undamaged and in perfect working order as on completion.

c) Jointing and connecting pipes to sanitary fittings

d) Testing and commissioning of installation

e) Making good the work disturbed

Rates for Drainage Work shall include for:

a) Excavation, backfilling, planking and strutting, dewatering and disposal for surplus spoil

b) Laying of pipe to falls and gradients and all jointing and other incidental materials

c) All pipe specials such as bends, tees, junctions, elbows, etc.

d) Connection to sides of manholes etc.

e) Providing sleeves etc., when pipes pass through walls, foundations etc.

f) Giving notices, obtaining permits, paying fees etc.

g) Necessary scaffolding work including supply, erection and dismantling.

h) Painting of all surfaces of exposed pipe work.

i) Testing installation as specified in specifications, and/or to American, British or Sri Lankan standards

3.16.3 Water Supply

The Contractor is to pressure test pipes after fixing taps and stop cocks and fittings prior to

concealing, under the supervision of the Engineer.

The Contractor shall provide the Engineer with the manufacturers' certificates of the standards,

quality of the materials before commencing the works.

All Water Pumps should be mounted on inertia bases fitted with anti-vibration mountings. Flexible

connections should be provided on connections between pump units and pipe work.

Where pipes pass through walls or slabs these shall be wrapped with a layer of inert material. For

pipes exceeding 50mm dia., sleeve pipes shall be used for the full thickness of the slab walls,

beams, retaining walls through which the pipe passes.

All taps, shower appliances, cocks and floor waste covers, used in the plumbing installation shall be

chromium plated brass (CP brass) or stainless steel items unless otherwise stated.



Rates for Water Supply Plumbing Work shall include for:

a) Cutting and waste of pipes etc., and jointing of pipes

b) All specials such as elbows, bends, tees, junctions, plugs, reducers and similar pipe fittings except for

valves which would be measured separately (Separate rates should be indicated for valves inclusive of

the associated pipe fittings)

c) Connecting pipes to sanitary fixtures and appliances

d) Chasing to brick or concrete walls, columns, beams etc., and necessary racks, hangers and clips, for

fixing to soffits etc., and making good all works disturbed

e) Necessary screws, nails, sockets, connection back nuts, standard pipe fixing or supporting clips,

saddles, brackets, racks, straps etc.

f) Necessary scaffolding work including supply, erection and dismantling.

g) Painting of all surfaces of exposed pipe work.

h) Connecting different types of pipes

i) Testing and disinfecting after completion

j) Preparing and making applications and giving notices to the relevant authorities to obtain service

connections to the building inclusive of any statutory payments to relevant statutory authorities

All Cold Water Piping shall be provided with flexible connections in pipe work and provided with the required

pipe supports and anchoring as per the manufacturer’s specifications.


47


SECTION VII – DRAWINGS AND TECHNICAL SPECIFICATIONS

SEPERATELY BOUND FOR EACH PACKAGE