Professional Documents
Culture Documents
George Hintzenweg 85
Postbus 8520
Rotterdam 3009 AM
The Netherlands
+31 (0)10 443 36 66
+31 (0) 10 4433 688
info@rotterdam.royalhaskoning.com
www.royalhaskoning.com
Arnhem 09122561
Document title
Drafted by
A.C. Woods
Checked by
A. Cook
Date/initials
23/06/2009
Approved by
Date/initials
H. Altink
24/06/2009
Telephone
Fax
E-mail
Internet
CoC
CONTENTS
Page
PART 1 INVITATION TO BIDDER
INVITATION TO BIDDER
INTRODUCTION
1.1
General Introduction
1.2
The Existing Facility
1.3
The Objective of the Bid
1.4
Objectives of this Document
1.5
Regulations Concerning Competition
7
7
7
8
12
12
13
13
13
13
14
COMMUNICATIONS
3.1
Correspondence
3.2
Language
3.3
Site Visit
3.4
Modifications and Amendments to the invitation to bid
3.5
Minutes of Meetings
18
18
18
19
19
20
21
21
24
26
30
30
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37
43
47
SCOPE OF WORKS
49
CONTRACT DOCUMENTS
50
CONTRACT PRICE
51
TERMS OF PAYMENT
52
53
53
SUB-CONTRACTING
54
54
VENDOR LIST
54
10
INSURANCE
54
11
OFFICE FACILITIES
54
12
55
13
FORM OF AGREEMENT
57
59
147
149
151
COMPLETION CERTIFICATE(SPECIMEN)
153
155
157
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INVITATION TO BIDDER
Bidders are invited by the Azzawiya Oil Refinery Company (ARC), a
subsidiary of the National Oil Company (NOC) through the Main Tender
Committee:
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INTRODUCTION
1.1
General Introduction
1.1.1
1.1.2
1.1.3
1.1.4
1.1.5
1.1.6
Should the Bidders, within 7 days of receipt of the Bid documents from
the Owner, not wish to submit a Bid, they are to return all the Bid
documents without alteration, marks or notation
1.2
1.2.1
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1.2.2
1.2.3
1.2.4
1.3
1.3.1
1.3.2
For a clearly defined description of the works that are required by the
bidder, the bidders are directed to Volume 2 Exhibit A Scope of Works
of these Bid Documents
1.3.3
The harbour shall improve the supply of different light products by BMC
to the western area in Great Jamahiriya and shall facilitate the export of
light products, asphalt, LPG, fuel oil as well as import of base oil and
reduced crude by ARC. Furthermore, the export of crude oil and other
products produced in the southwest area of Great Jamahiriya shall be
carried out through this harbour.
1.3.4
The Azzawiya Oil Harbour shall include, but not be limited to, 4 new
sheltered berths, a pier for Refinery Revamp equipment / materials,
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1.3.6
The Project has been previously designed at another location, near the
existing Small Craft Harbour. However, in view of certain major
technical/commercial disadvantages associated with that location and
the harbour design being semi-protected as well as some new
requirements to the scope of works, that location has been abandoned.
General Layout showing previous and new locations of the Harbour and
existing 3 berths is attached within the Definition Drawings within the
Owners Requirements.
A contour map for the new location,
Topographical Survey of the nearby onshore area and the existing
pipelines in the vicinity of proposed Harbour are shown in the Owners
Requirements.
1.3.7
1.3.7.1
Phase-I
a)
i)
Marine Works
Main and secondary breakwaters connected to the shore.
ii)
Access for pipes and service road to the berths along main
breakwater or separate bridge or other means according to the
harbour layout.
iii)
Berth No. 4 for tankers with a capacity of 1000 35,000 DWT for
handling different light products, LPG & asphalt.
iv)
Berth No. 5 for tankers with a capacity of 5,000 75,000 DWT for
handling crude oil, reduced crude, fuel oil and bunker fuel oil and
for tankers with a capacity of 5,000 35,000 DWT for light
products and base oil.
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v)
vi)
Berth No. 7 for berthing the Bunker Shuttle Tanker as well as Tug
Boats.
vii)
x)
b)
i)
ii)
iii)
iv)
v)
vi)
Civil & Structural works as required for the above mentioned items.
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1.3.7.2
Phase-II
a)
b)
c)
d)
e)
f)
g)
h)
NB: Construction drawings for the above items are available with the
Owner except Item b. However, routing for all these items shall
be considered in Phase-I.
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1.4
1.4.1
Invitation
to
Bidder
(9R4944K0/0411/303460/Rott), describes the Invitation to Bidder.
1.4.2
The Owners overriding requirement is that the Works are fit for the
purpose of, and suitable in all respects for, safe, efficient, reliable and
continuous use under actual operational conditions at the facility.
1.4.3
1.4.4
1.5
Confidentiality
1.5.1
1.5.2
Final Report
participated in two or more Bids, other than alternative Bids for the
same Bidder, all such Bids will be rejected.
2.1
2.1.1
2.1.2
2.1.3
The Bidder must carefully examine all Bid Documents. Failure to comply
with these Instructions or with any other Bidding requirements will be at
the Bidder's risk.
2.2
Independent Bid
2.2.1
The Invitation (i) names the company or joint venture whom the Owner
considered to be eligible to submit a Bid, (ii) states whether the Bidder
was prequalified or selected, and (iii) may state any particular conditions
or reservations of the prequalification or selection. Nothing in these
Instructions entitles any other entity, company or joint venture to submit
a Bid.
2.2.2
2.2.3
2.3
2.3.1
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The Engineer shall respond to the notice by issuing (i) the text of the
question or request for clarification and (ii) the Owner's clarification. This
response shall be in writing and shall give no indication of the identity of
the Bidder who requested clarification. These requests for clarification
and responses shall be sent to all prospective Bidders who received the
Bid Documents, but shall not constitute amendments to the Bid
Documents. However, if a notice is received less than 14 days before
the Bid submission date, there may be no response.
2.3.3
2.3.4
2.4
2.4.1
The Bidder and all communication between the Bidder and the Owner
or the Engineer shall be typed or written in indelible ink in the language
used in the Invitation. Supporting documentation submitted by the
Bidder may be in another language if he also submits an appropriate
translation of all its relevant passages into this ruling language.
2.4.2
2.4.3
2.4.4
The Bidder shall price the whole of the Works, and submit a Bid, in
accordance with the Bid Documents. A Bid which excludes part of the
Works may be rejected as unresponsive.
2.4.5
Final Report
be fully priced, with a rate or lump sum entered for each item. Each
amount shall be carried forward to the Summary, the total of which shall
be carried forward to the Letter of Bid. All rates and lump sum prices
shall be entered in the same currency as that which is named in the
Letter of Bid. If any item is not priced, there shall be no payment for the
work described in the item, which shall be deemed covered by other
rates and/or lump sum prices.
2.4.6
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(j) details of the arrangements and methods which the Bidder proposes
to adopt for the execution of the Works, in sufficient detail to
demonstrate their adequacy to achieve the requirements of the
Contract including completion within the Time for Completion;
(k) any proposals for subcontracting the execution of parts of the Works,
excluding each subcontract which will be less than ten percent of the
Bid sum (this exclusion does not apply to the details required in the
Schedules, which must be completed without exclusions);
(l) the names, qualifications and experience of key personnel proposed
for the management of the Contract and the execution of the Works,
both on and off site, including curriculum vitae of the senior
personnel. A Bid which is not accompanied by this information may
be rejected as unresponsive.
2.4.7
The completed Bid shall not have any alterations or erasures, except
any which may be specified in an Addendum to Bid Documents.
However, if alterations are necessary to correct errors made by the
Bidder, these corrections shall be endorsed with the signature of the
person signing the Letter of Bid.
2.4.8
Only one Bid may be submitted by each Bidder, except for any
alternative offers. In addition to a compliant Bid, the Bidder may offer
technical or other alternatives to the requirements of the Bid
Documents, which may include reasonable deviations or other
proposals. Each alternative Bid shall include all information necessary
for its complete evaluation by the Owner, including any relevant
calculations, specifications, construction methods, timing implications,
breakdowns of prices, and other relevant details. The Owner reserves
the right to reject alternative offers.
2.4.9
The Bidder shall prepare the documents comprising the Bid and
supplementary information as follows.
Each Original set shall comprise of 3 parts,
Final Report
2.4.10
2.4.11
2.4.12
The original and copies of the Bid must be delivered to person and the
address specified in the Invitation to Bidder no later than the time, on
the Bid submission date, stated in the Invitation. Bids received by the
Owner thereafter will be returned unopened.
2.4.13
The Bidder may modify or withdraw his Bid after submitting it, if the
modification or notice of withdrawal is received in writing before such
prescribed time for submission of Bids but not thereafter. The Bidder's
modification or notice of withdrawal shall be prepared, sealed, marked
and delivered, with the inner envelopes additionally marked
"MODIFICATION" or "WITHDRAWAL", as appropriate. In particular, the
modification or notice of withdrawal shall be signed by a person or
persons duly authorised to bind the Bidder, and proof of authorisation
shall be annexed.
2.4.14
2.4.15
The Bidder shall bear all costs incurred in the preparation and
submission of the Bid, including visits and other actions mentioned or
implied in these Instructions.
2.4.16
The Owner will not be responsible or liable for such costs, regardless of
the conduct or outcome of the Bidding process. The Owner reserves the
right to accept or reject any Bid, or to annual the Bidding and reject all
Bids, without incurring liability to any Bidder and without being obliged to
inform any Bidder of the reasons for the Owners action.
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COMMUNICATIONS
3.1
Correspondence
Any enquiries regarding the Bid should be made in writing by letter and
fax to:
Azzawiya Oil Refinery Company Inc
PO Box 6451
Tripoli
Great Jamahiriya
For the attention of the Chairman, Main Tenders Committee
Telephone: +218 (0) 23 7643 411
Fax: +218 (0) 23 7620 092
E-mail: maintender@arc.com.ly
3.2
Language
3.2.1
Final Report
3.3
Site Visit
3.3.1
The Bidder shall visit and examine the Site, its surroundings and other
parts of the country, and must obtain for himself on his own
responsibility all information which may be necessary for preparing the
Bid and entering into the Contract.
3.3.2
3.3.3
The Bidder is advised that a meeting and Site visit can be held at the
ARC office in the Azzawiya Oil Refinery and the Bidder should contact
the Owner to arrange such meeting.
3.3.4
The Site visit is intended to supplement and not replace the individual
inspections carried out by each Bidder. The Owner accepts no
responsibility for providing any indication of relevant aspects or access
to appropriate areas, which a competent Bidder may consider
necessary for the preparation of a Bid.
3.3.5
The Owner shall not be bound by any oral representations which may
be made during the Site visit, whether by the Engineers personnel or by
others; and whether during a formal meeting or otherwise. In order to
minimise the possibility of misunderstanding, Bidders should present
any requests for clarifications and/or Addendum to Bid Documents in
writing to the Engineer. All responses shall be sent to all prospective
Bidders who received the Bid Documents.
3.4
3.4.1
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3.4.3
The Bidder must carefully examine all Bid Documents. Failure to comply
with these Instructions or with any other Bidding requirements will be at
the Bidders risk.
3.5
Minutes of Meetings
3.5.1
During the Bid period, should there be any meetings between the Bidder
and the Owner and/or Engineer, the Bidder is to compile and submit to
the Engineer and Owner Minutes of Meeting. The Minutes are to be
submitted within 7 days from the date of the meeting. The content of
these minutes shall be circulated to all Bidders should the content be
deemed beneficial by the Engineer and or Owner.
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4.1
General
4.1.1
b)
c)
4.1.2
4.1.3
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Technical Submission
-
Drawings
General Specification
Layout & Site Improvement
Breakwater Works
Quay Structure Works
Civil Works
Instrumentation
Electrical Works
Mechanical Works
Structural Works
Utilities
Qualifications of bid
Alternative Bids
Commercial (Unpriced)
-
Commercial (Priced)
-
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4.1.4
The inner and outer envelopes shall bear the following identification
BID FOR THE CONSTRUCTION OF THE AZZAWIYA OIL
HARBOUR
4.1.5
4.1.6
All blank spaces in the Form of Bid are to be filled, except where
specifically stated otherwise.
4.1.7
The inner envelopes shall indicate the name and address of the Bidder
to enable the Bid to be returned unopened if it is declared late. The
outer envelopes shall give no indication of the Bidder.
4.1.8
The original and required copies of the Bid, as stated in section 2.4.9,
shall be delivered to:
Azzawiya Oil Refinery Company Inc
PO Box 6451
Tripoli
Great Jamahiriya
For the attention of: The Chairman, Main Tenders Committee
no later than the time, on the Bid submission date, stated in the
Invitation to Bidder. Bids received by the Owner thereafter will be
returned unopened.
An electronic copy shall be delivered to the above address no later than
the time stated in the Invitation to Bidder.
A further copy of the Technical and Commercial (Unpriced) will be
delivered to:
Mr. Henk Altink, Project Manager
ROYAL HASKONING,
HASKONING NEDERLAND B.V.
MARITIME
George Hintzenweg 85
3068 AX Rotterdam
The Netherlands
EPC BD Azzawiya Vol I
Final Report
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4.1.9
Once opened the Bids will be evaluated by the evaluation team, who
may request further information to substantiate the Bidders bid. Each
Bid will be scored in the following terms :
a) Completeness of Bid
b) Responsiveness of the Bidder
c) Quality of the Bidders Proposal
d) Previous experience in comparable projects
e) Commercially Acceptable
4.2
Commercial proposal
4.2.1
4.2.2
4.2.3
Workload
The Bidders are to submit current workload complete with Project
scope, duration (including commencement and completion dates) and
Agreed Contract Sum.
4.2.4
Final Report
4.2.5
4.2.6
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4.3
Technical Proposal
4.3.1
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b)
Breakwater Construction
c)
d)
Mooring Dolphins
e)
Walkways
f)
Scour protection
g)
Trestle structure
h)
Expansion joints
i)
j)
Fencing
k)
l)
Structural steelwork
m)
n)
o)
p)
q)
Lighting system
In addition to the above, the Bidder shall prepare and submit a design
submission report presenting the design parameters, including soil and
geotechnical parameters, and describing the design philosophy for each
element of the Works. The report shall address the effects of
construction sequence and method on the design. The report shall
include sufficient calculations to support a design.
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The calculations shall include, but not be limited to, the following checks
to demonstrate compliance with the Owners Requirements, under static
and seismic loading:
a)
b)
c)
d)
ULS strength and SLS crack width calculations for main concrete
(reinforced) members
e)
f)
The Bidder shall also submit outline construction method statements for
each of the above areas, including details of the proposed Equipment
the Bidder intends to use for the construction, and information on the
proposed Materials, including sources and suppliers.
4.3.2
b)
c)
d)
e)
f)
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4.3.3
b)
c)
4.3.4
a)
b)
c)
d)
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4.5
4.5.1
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Financial Ability
The Bidder may provide updated information on financial statements, if
deviating from the submission during the prequalification.
4.5.3
Structure of Organization
The Bidder shall submit information how the main Contractor and
associating companies will be involved in the Contract, whether as in a
Joint Venture, Association, or otherwise and whether the companies are
a lead party, partner, subcontractor, etc. The Bidder shall also provide
letters from all companies wherein the structure of the organization is
confirmed, including letters from parent companies if applicable.
4.5.4
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of
offices,
accommodation,
workshops,
and
Final Report
j) Revetments
k) Construction of onshore harbour area and service utilities
l) Construction of buildings, roads, fences
m) Construction of aids to navigation
n) Start and completion of physical works on site
o) Any staged completion dates, allowing follow on works to commence
The provided information is for Bid assessment purposes only and will
not form part of any subsequent contract.
4.5.6
Method Statement
The Bidder shall outline his proposal for execution of the Works,
including but not limited to his proposed method and logistics for
mobilisation; source and method of transportation of materials; method
of construction breakwaters, trestles, jetties, quays, mechanical and
electrical works, buildings, service utilities, method of dredging; method
of reclamation, compaction and levelling. The method statement shall
also give details of the quality assurance measures proposed.
The information provided shall be updated by the successful Bidder in
accordance with the Contract providing that the Owner shall be under
no obligation to consent or otherwise accept the Bidders update in the
event of the latter being less favourable to the Owner than the
information submitted with the Bid.
4.5.7
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4.5.8
Sub-Contractors
The Bidder shall list below all Sub-Contractors he intends to employ on
the Works, together with details of the part of work to be let, clearly
differentiating between local and expatriate companies. Full particulars
of each such sub-contractor are to be provided hereunder. SubContractors shall have adequate experience in similar works.
Nr
Name
Contact details
Scope of work
Evidence of
similar works
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NAME OF CONTRACT:
TO:
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the Bidder has, without your agreement, withdrawn his offer after
the latest time specified for its submission and before the expiry
of its period of validity, or
b)
the Bidder has refused to accept the correction of errors in his offer
in accordance with such conditions of invitation, or
c)
d)
Any demand for payment must contain your signature(s) which must be
authenticated by your bankers or by a notary public. The authenticated
demand and statement must be received by us at this office on or
before (the date 120 days after Tender Submission date) when this
guarantee shall expire and shall be returned to us.
This guarantee is subject to the Uniform Rules for Demand Guarantees,
published as number 458 by the International Chamber of Commerce,
except as stated above.
Date:
Signature:
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Final Report
Item
Owners Name and Address
Sub-Clause
1.1.1a
Data
Azzawiya Oil Refinery Company
Inc.
PO Box 6451
Tripoli
Great Jamahiriya
Contractors
Address
1.1.1 b
Name
and
1.1.1 d
Engineers
Representative
Name and Address
1.1.1 e
Commencement Date
Time for Completion of the
Works
1.1.1 v
1.1.1 aa
Maintenance Period
1.1.1 cc
365 Days
Electronic
Systems
The
Conditions
of Contract
Facsimile
or
a
written
document. Email will only be
used for Information only and
will carry no weight if not
followed with a facsimile
The Laws of the Great Socialist
Peoples
Libyan
Arab
Jamaheriya
The English Language
The English Language
Not exceeding 7 Days after
Commencement Date
4 weeks
10% of the Accepted Contract
Amount
Transmission
Governing Law
Ruling Language
Language for Communications
Time for access to site
5.1
5.1
35
Review Period
Amount
of
Security
1.1.1 y
6.2
Performance
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Item
Period
for
notifying
unforeseeable errors, faults and
defects
in
the
Owners
Requirements
Normal Working Hours
Sub-Clause
6.8
Data
14 days
7.11
14
14
21.9
21.6
-
21.4
6.21 6.23
6.21 6.23
6.22
Number
and
timing
instalments
Currencies and proportions
Exchange Rate
of
21.9
21.4
21.4
21.4
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WHEREAS:
the Owner desires to have performed Design, Engineering,
Procurement, Construction, Pre-Commissioning, Commissioning, Startup and Test-run of Azzawiya Refinery Oil Harbour, hereinafter referred
to as the Works in accordance with the Scope of Works, more
particularly described under Volume 2 of the Contract, and
the Contractor is willing to perform such Works and has the capability,
qualifications and experience to perform the Works and submitted its
final offer, which has been discussed and accepted by the Owner as set
forth under this Contract.
SCOPE OF WORKS
The Contractors obligations and responsibilities under this Contract
shall be the turn-key delivery to the Owner of the Works fit for purpose
all as specified in the Contract, including all Design, Engineering,
EPC BD Azzawiya Vol I
Final Report
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CONTRACT DOCUMENTS
2.1
2.1.1
2.1.2
2.1.3
2.1.4
2.1.5
2.1.6
2.1.7
2.2
The Contract sets forth the entire agreement between the Parties
pertaining to the Works and supersedes all inquiries, proposals, minutes
of meetings, negotiations and commitments, whether written or oral,
prior to the date of execution of this Contract except for those
documents and references which have been expressly mentioned
therein.
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2.3
Order of Precedence.
In case of conflict between any of the Documents forming part of this
Contract, the order of precedence shall be as follows:
2.3.1
2.3.2
2.3.3
2.3.4
2.4
Definition of terms
The terms written in capital letters and the terms beginning with a
capital letter shall have the meaning thereto assigned under Part 6 the
General Conditions of Contract, Clause 1 Definitions and
Interpretation, unless otherwise specified.
CONTRACT PRICE
3.1
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Such exchange rate of conversion shall remain firm and fixed for the
entire duration of the Contract in order to calculate the foreign portion of
each invoice payable to the Contractor under the Contract, as specified
in article 4.3.1 below.
The Lump Sum Contract Price as per article 3.1 above shall include all
expenses related to the turnkey delivery of the Works, (including supply
of spare parts), required for Pre-commissioning and Commissioning,
and all costs and expenses such as profit, overheads, all insurance
costs, other direct or indirect costs, custom clearance and transportation
etc, personnel taxes, duties (except only Corporate and Jihad taxes
Contract Registration Fee payable in the Great Jamaheriya under this
Contract and customs duties levied on materials and equipment
imported into Jamaheriya for permanent installation), fees, permits and
the like.
Contract Prices are firm, fixed and not subject to any escalation except
for those as per clause 32 of General Conditions of Contract (Volume I,
Part 6).
3.2
3.2.1
TERMS OF PAYMENT
4.1
4.1.1
Advance Payment
10% (ten percent) of the Contract Price as an Advance Payment against
the of an irrevocable and unconditional bank guarantee, (in the form of
an Irrevocable Stand by Letter of Credit issued from a corresponding
first class European Bank accepted and confirmed by the Libyan Arab
Foreign Bank LAFB for the same amount) submitted by the
Contractor as per sub-clause 21.9 of the General Conditions of
Contract (Volume I, Part 6) and in accordance with Form 2 (provided in
Volume I, Part 7) of the Contract. Advance payment shall be recovered
by deduction from all subsequent invoices due for payment at the same
percentage of the Advance Payment of (10%).
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4.1.2
Payment under articles 4.1. [to be Inserted] to 4.1 [to be Inserted] here
above shall be subject to deduction for 5% (five percent) Retention and
10% (ten percent) deduction for 10% (ten percent) Advance Payment.
4.2
Retention Money
Retention will be made pursuant to Clause 21.6 of the General
Conditions of Contract (Volume I, Part 6) as referred here above and
shall be 5% (five percent) of the Contract Price.
4.3
Method of Payment
4.3.1
4.3.2
4.3.3
5.1
The Effective Date of the Contract shall be the signature date of this
Contract by both the parties.
5.2
6.1
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SUB-CONTRACTING
The Contractor shall not subcontract any Design, Engineering and
Procurement activities. Contractor shall carry out all erection and
construction works by its management and shall mobilise its staff for
management, control, field supervision and administration as required.
Contractor shall make available the necessary qualified manpower
having experience in similar projects required for erection and
construction of the Plant. In case there being any requirement for
assigning any qualified subcontractors, Contractor shall utilize such
subcontractors subject to Owners approval. Contractor to provide
Owner with necessary documentation of the subcontractors before the
signing the Contract.
8.1
8.2
VENDOR LIST
The Vendor List applicable to the Works shall be the Vendor List
provided in Volume I Part 2 Section 4.5.8 of the Bid Documents.
10
INSURANCE
Without prejudice to its responsibilities and liabilities under the Contract,
the Contractor shall provide the insurance policies as specified under
Clause 6.0 of General Conditions of Contract (Volume I, Part 6).
11
OFFICE FACILITIES
The Contractor shall provide at Contractors premises to Owner and
Consultant staff such facilities as per Owners Requirements Volume II
Exhibits A to G. In addition, the Contractor shall provide transportation
from/to office as required.
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12
12.1
12.2
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13
FORM OF AGREEMENT
13.1
13.2
OIL
REFINING
[Name to be Inserted]
CO.INC.,
________________________
____________________________
[Name to be Inserted]
Chairman
[Title to be Inserted]
Management Committee
Were hereto affixed in the presence of
WITNESS:
WITNESS:
Signature:
Signature:
________________________
____________________________
Name:
Name :
________________________
____________________________
Title:
Title:
________________________
____________________________
/ 20XX and
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Final Report
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CONTENTS
Page
1
66
66
69
69
ENGINEERS REPRESENTATIVE
2.1
Duties and Powers of Engineers Representative
70
70
71
71
72
EXTENT OF CONTRACT
4.1
Extent of Contract
4.2
Provision of Documents required
Procurement and Construction
for
72
72
Engineering,
72
CONTRACT DOCUMENTS
5.1
Language & Law
5.2
Documents Mutually Explanatory
5.3
Owners Requirements
5.4
Contractors Documents
5.5
Contractors Undertaking
5.6
Technical Standards and Regulations
5.7
Training
5.8
As-Built Documents
5.9
Operation and Maintenance Manuals
5.10
Design Errors
5.11
Confidentiality
5.12
Custody of Contract Documents
5.13
Ownership of the Contract Documents
5.14
Contractors Documents for Review
5.15
Handling of Contractors Documents
5.16
Documents to be kept on Site
5.17
Further Drawings and Instructions by the Engineer
5.18
Duration for all Documents to be kept by Contractor
72
72
73
73
74
75
76
76
76
77
77
77
77
78
78
79
79
79
79
80
80
80
81
81
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6.5
6.6
6.7
6.8
6.9
6.10
6.11
6.12
6.13
6.14
6.15
6.16
6.17
6.18
6.19
6.20
6.21
6.22
6.23
6.24
6.25
6.26
6.27
6.28
6.29
6.30
6.31
6.32
6.33
6.34
6.35
6.36
7
LABOUR
7.1
7.2
7.3
7.4
7.5
7.6
7.7
7.8
7.9
7.10
7.11
Engagement of Labour
Alcoholic Liquor or Drugs
Arms and Ammunition
Festivals and Religious Customs
Epidemics
Disorderly Conduct etc
Passports, Permits etc.
Labour Law
Training
Working Hours
Observance by Subcontractors
83
83
84
85
86
86
87
87
87
88
89
90
91
91
91
92
93
93
94
94
94
94
95
95
95
95
96
96
97
98
98
on
98
99
99
99
99
99
99
99
100
100
100
100
101
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7.12
101
SUSPENSION OF WORKS
9.1
Suspension of the Works
9.2
Suspension Lasting more than 90 days
110
110
111
10
111
111
112
11
113
113
113
113
114
12
114
114
114
13
RATE OF PROGRESS
115
14
116
15
116
16
117
117
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16.2
16.3
16.4
16.5
16.6
16.7
16.8
17
MEASUREMENT
17.1
Lump Sum Prices
120
120
18
120
120
120
121
121
122
19
CLAIMS
19.1
19.2
123
123
124
Submission of Claims
Notice of Claim
20
21
126
126
126
126
127
128
128
128
129
129
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22
130
23
130
24
MAINTENANCE CERTIFICATE
130
25
131
26
UNFULFILLED OBLIGATIONS
131
27
131
131
133
133
28
URGENT REPAIRS
133
29
FORCE MAJEURE
134
29.1
Force Majeure
134
29.2
Outbreak of War
135
29.3
Removal of Construction Plant on Termination
135
29.4
Payment in Event of Termination caused by Force Majeure
135
30
SETTLEMENT OF DISPUTES
30.1
Settlement of Disputes Arbitration
30.2
Arbitration Procedure
135
135
136
31
NOTICES
31.1
Service of Notices on Contractor
31.2
Service of Notices on Owner
137
137
137
32
INCREASED COSTS
137
33
TAXES
33.1
33.2
33.3
33.4
33.5
138
138
138
138
139
139
34
Taxation
Registration Fee and Stamp Duties
Taxes and Social Insurance Deductions
Profit Tax
Filing of Tax Returns
GOVERNING LAW
34.1
Law Governing Contract
34.2
Compliance with Laws
34.3
Bribery
139
139
139
139
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35
ACCESS TO SITE
35.1
Access to the Site
35.2
Construction Roads
35.3
Authorised Vehicles
35.4
Parking
140
140
141
141
141
36
141
141
141
142
37
38
144
39
ENTIRETY OF CONTRACT
144
40
ISRAELI BOYCOTT
144
41
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1.1
Definitions
1.1.1
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1.2
1.3
Interpretation
Words importing persons or parties shall include firms and corporations
and any organisation having legal capacity. Words importing one
gender also include other genders.
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ENGINEERS REPRESENTATIVE
2.1
2.1.1
b)
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3.1
3.1.1
The Contractor shall not assign nor Sub-contract the Contract or any
part thereof or any benefit or interest therein or thereunder without the
prior written approval of the Owner which shall not be withdrawn or
withheld without valid reasons provided that the Owner may reject any
natural or legal Person, Associate, Firm, Company or Subcontractor to
participate in the Works.
3.1.2
3.1.3
3.1.4
3.1.5
3.1.6
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3.2
EXTENT OF CONTRACT
4.1
Extent of Contract
The Contract comprises detailed design, engineering, procurement,
supply of materials, construction, erection, repairs, completion, testing,
commissioning and maintenance during the Maintenance Period as
particularly described in the Owners Requirements and other
documents forming part of the Contract and except in so far as the
Contract otherwise provides the provision of all labours, materials,
construction plant, temporary works and everything whether of a
temporary or permanent nature required for the supply, construction,
execution, completion and maintenance of the Works so far as the
necessity for providing the same is specified in or reasonably to be
inferred from the Contract.
4.2
CONTRACT DOCUMENTS
5.1
Final Report
5.3
Owners Requirements
The Owner shall provide reference, indicative or preliminary drawings
and technical Specifications for the Works included in this Contract
except for such drawings and specifications which are specifically
mentioned in the Scope to be provided by the Contractor. The
Contractor shall maintain on site two sets of such Drawings and
Specifications, both marked up in red pencil to reflect approved
changes.
The Owner shall not be responsible for any error, inaccuracy or
omission of any kind in the Owner's Requirements as originally included
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Contractors Documents
The Contractor's Documents shall comprise the technical documents
specified in the Owner's Requirements, documents required to satisfy all
regulatory approvals, and the documents described in Sub-Clause 5.8
As-Built Documents and Sub-Clause 5.9 Operation and Maintenance
Manuals.
Unless otherwise stated in the Owner's Requirements, the Contractor's
Documents shall be written in the language for communications defined
in Sub-Clause 5.1 - Language & Law.
The Contractor shall prepare all Contractor's Documents, and shall also
prepare any other documents necessary to instruct the Contractor's
Personnel.
If the Owner's Requirements describe the Contractor's Documents
which are to be submitted to the Owner for review, they shall be
submitted accordingly, together with a notice as described below. In the
following provisions of this Sub-Clause
(i) "review period" means the period required by the Owner for review,
and
(ii) "Contractor's Documents" exclude any documents which are not
specified as being required to be submitted for review.
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Contractors Undertaking
The Contractor undertakes that the design, the Contractor's Documents,
the execution and the completed Works will be in accordance with:
(a) the Laws in the Great Socialist Peoples Libyan Arab Jamaheriya,
and
(b) the documents forming the Contract, as altered or modified by
Variations.
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5.6
then the Owner shall initiate a Variation in accordance with Clause 18 Alterations, Additions and ommisions.
5.7
Training
The Contractor shall carry out the training of Owner's Personnel in the
operation and maintenance of the Works to the extent specified in the
Owner's Requirements. If the Contract specifies training which is to be
carried out before taking-over, the Works shall not be considered to be
completed for the purposes of issuing the Completion Certficate under
Clause 15 - Completion Certificate of the Works until this training has
been completed.
5.8
As-Built Documents
The Contractor shall prepare, and keep up-to-date, a complete set of
"as-built" records of the execution of the Works, showing the exact asbuilt locations, sizes and details of the work as executed. These records
shall be kept on the Site and shall be used exclusively for the purposes
of this Sub-Clause. Two copies shall be supplied to the Owner prior to
the commencement of the Tests on Completion.
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5.10
Design Errors
If errors, omissions, ambiguities, inconsistencies, inadequacies or other
defects are found in the Contractor's Documents, they and the Works
shall be corrected at the Contractor's cost, notwithstanding any consent
or approval under this Clause.
5.11
Confidentiality
All information derived from the Project Documents or otherwise
communicated to the Contractor in connection with this Contract shall
be regarded by the Contractor as strictly confidential and shall not,
without the prior written consent of the Owner, be published or disclosed
to any third party.
5.12
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the same to the Owner at the Owners request but not later than
issuance of the Completion Certificate of the Works.
All Contractors Documents produced by the Contractor or coming under
his possession shall remain in custody of the Contractor unless it is
otherwise provided for in the Contract. It is however understood that the
said Documents or any part or copy thereof shall be under the custody
of the Owner or the Engineer or Engineers Representative whenever
the same is required to be supplied and/or delivered in accordance with
the provisions of the Contract.
5.13
5.14
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5.16
5.17
5.18
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at there offices for a period of 10 years from the date of the Completion
Certificate.
6.1
Contract Agreement
The Contractor shall upon and subject to the provisions of the Contract
carryout and complete the Works shown upon the Contract Documents
in compliance therewith employing qualified and competent engineers,
technicians, and skilled workforce etc. and using materials,
workmanship of the quality and standards therein specified.
The Contractor shall design, execute and complete the Works in
accordance with the Contract, and shall remedy any defects in the
Works. When completed, the Works shall be fit for the purposes for
which the Works are intended as defined in the Contract.
The Contractor shall provide the plant and Contractor's Documents
specified in the Contract, and all Contractor's personnel, goods,
consumables and other things and services, whether of a temporary or
permanent nature, required in and for this design, execution, completion
and remedying of defects.
The Works shall include any work which is necessary to satisfy the
Owner's Requirements, or is implied by the Contract, and all works
which (although not mentioned in the Contract) are necessary for
stability or for the completion, or safe and proper operation, of the
Works.
The Contractor shall be responsible for the adequacy, stability and
safety of all Site operations, of all methods of construction and of all the
Works.
The Contractor shall, whenever required by the Owner, submit details of
the arrangements and methods which the Contractor proposes to adopt
for the execution of the Works. No significant alteration to these
arrangements and methods shall be made without this having
previously been notified to the Owner.
6.2
Performance Bond
Within fifteen (15) calendar days of the Effective Date, the Contractor
shall provide a Bond in the form of a Stand-by Letter of Credit (L/C)
from/or through a recognised Commercial Bank operating in the Great
Jamaheriya, for an amount equal to ten percent (10%) of the Contract
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Inspection of Site
The Contractor shall before submission of the Offer inspect the Site and
declares himself satisfied as to the form and nature of the Site, ground
and the quantities and nature of the Works and materials necessary for
the completion of the Works, the means of access to the Site and
accommodation he may require, the sources and means of obtaining
adequate supplies of skilled and unskilled labour and all materials for
the Works and in general declares to have himself obtained all
necessary information as to risks, contingencies and other
circumstances which may influence or affect the execution of the Works.
Any neglect or failure on the part of the Contractor in obtaining
necessary information on the foregoing or any matter affecting the
execution of his duties shall not relieve him from the entire responsibility
of the completion of the Works to the entire satisfaction of the Owner
and in strict accordance with the Contract.
6.4
Quality Assurance
The Contractor acknowledges that the Owner intends to work in
accordance with the Model ISO 9001. Accordingly the Contractor
commits itself to working within the framework of ISO 9001, and Owner
shall be entitled to audit and verify Contractors Compliance.
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adopt the procedures and comply with the requirements for the
registration of all the required tests;
b)
c)
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6.5
6.5.1
The Contractor shall, and shall require and ensure that its
Subcontractors, establish maintain and preserve, in accordance with
good and generally accepted accounting practice, the books, vouchers
and accounts relating to the Works, including reports made by its
personnel, correspondence, instructions, plans, drawings, receipts,
orders, memorandums, processed data and the like, together with
related systems, procedures and controls, that may be necessary for a
detailed auditing and verification of costs of Works. The Contractor
shall, and shall require and ensure that its Subcontractors, maintain and
preserve such aforementioned documents throughout the duration of
the Works and for a further period of three (3) years after the
termination or Acceptance of the Works.
6.5.2
In order to allow the auditing of the costs of the Works and the
verification of the aforementioned documentation, the Contractor shall
consent, and shall require and ensure that its Sub-contractors consent,
to grant the Owner and its authorised representatives access during
reasonable working hours throughout the execution of the Works and
for a period of three (3) years after the termination or the acceptance of
the Works, to interview Contractor and its Sub-contractors, to check the
accounting and control system of the Contractor and its Subcontractors, and to inspect and documentation required and if the
Owner deems necessary, to have copies made of the said
documentation in order to inspect and verify the completeness and
accuracy of the items listed in the invoices issued by the Contractor.
6.5.3
6.6
Sufficiency of Bid
The Contractor shall be deemed to have examined all Bid Documents
and to have satisfied himself as to all the conditions and circumstances
affecting the Bid price and to have fixed his prices according to his own
judgement for the same. The Contractor shall also be deemed to have
satisfied himself before Bidding as to the correctness and sufficiency of
his Bid for the Works and of the rates and prices stated in the Bid shall
cover all his obligations under the Contract and all matters and things
necessary for the proper design, Engineering, procurement, execution,
commissioning, completion and maintenance of the Works.
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6.7
6.7.1
6.7.2
6.7.3
All items of equipment shall be of sufficient size and capacity and proper
materials to fulfil in all respects the operating conditions specified.
6.7.4
6.7.5
The Contractor shall preserve and have custody and control of (i) all
equipment, tools and materials necessary to execute the Works,
whether these be furnished by the Contractor or the Owner, and (ii) all
parts of the Works, whether in progress or completed, with the
exception of the Works or part thereof over which the Owner has taken
Ownership and assumed custody and control following the issuance of
the Completion Certificate as per Clause 15 hereof.
6.7.6
6.7.7
6.7.8
In the event the Contractor executes the Works or any part thereof
without having the Contractors Documents Reviewed, as is required by
the Contract, then any additional costs incurred in or arising from the
execution of such Works shall be borne by Contractor and shall not be
refunded by the Owner for any reason whatsoever.
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6.7.9
The Contractor shall, at its own cost, organise and establish itself at the
Site and ensure that sufficient and adequate tools, equipment and
material required for the proper execution of the Works, shall be
delivered to the Site in accordance with agreed delivery terms, and are
available for use in the Works at the Site. The Contractor shall ensure
that he is able to provide the Owner with documentary evidence of
ownership of all the aforementioned tools, equipment and material.
6.7.10
6.7.11
6.7.12
6.7.13
If the Contractor fails to comply with the requirements under this Clause
6.7 the Owner may undertake all actions required of the Contractor
under this Clause 6.7 and all costs incurred by the Owner in taking such
action shall be back charged to the Contractor and may be deducted
from such amounts that may be or become due from the Owner to the
Contractor.
6.8
6.8.1
The Contractor shall have full responsibility for the adequacy of, and
shall comply with, any and all safety requirements, rules and/or
instructions in conjunction with his performance of the Works under this
Contract.
6.8.2
The Contractor shall be responsible for the provision of safe design and
specifications as well as for compliance, adequacy and reliability of any
safety programme issued to the Contractor.
6.8.3
The contractor shall have full and sole responsibility for the utilisation of
any tools, materials, machines or construction equipment by the
Contractor or its Subcontractors. In any case, the Contractor will always
check and ensure, before and throughout such utilisation, that the said
tools, materials, machines or construction equipment meet all the laws
and regulations in force.
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6.9
6.10
6.10.1
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Within one (1) month of the Effective Date of the Contract, the
Contractor shall submit to the Engineer for approval a Procedure
Manual /Method Statement featuring the detailed organisation of the
Contractor and which co-ordinates the activities of the Parties hereto in
respect of the overall performance and administration of the Contractor.
Such Procedure Manual shall specify in detail the co-ordination between
and the interaction of the Parties in all phases and shall address, but not
be limited to Project Management, Engineering, Procurement, Training,
Documentation etc.
6.11
6.12
6.13
Reports
The Contractor shall prepare and submit to the Owner by the 6th
working day of each month during the term of the Contract, a report in
English containing at least the following:
a.
b.
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6.14
c.
d.
e.
f.
Contractors Superintendence
The Contractor shall give or provide all necessary superintendence
during the execution of the Works and as long thereafter as the
Engineer may consider necessary for the proper fulfillment of the
Contractors obligations under the Contract.
Throughout the design and execution of the Works, and as long
thereafter as is necessary to fulfil the Contractor's obligations, the
Contractor shall provide all necessary superintendence to plan, arrange,
direct, manage, inspect and test the work. Superintendence shall be
given by a sufficient number of persons having adequate knowledge of
the language for communications (defined in Sub-Clause 5.1 - Law and
Language) and of the operations to be carried out (including the
methods and techniques required, the hazards likely to be encountered
and methods of preventing accidents), for the satisfactory and safe
execution of the Work
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6.15
Contractors Employees
The Contractor shall provide and employ at the Contractors or his
Subcontractors place or on the Site in connection with the Engineering,
Design, Procurement, Construction, execution, completion and
maintenance of the Works :
a)
b)
c)
d)
e)
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f)
6.16
Setting-Out
The Contractor shall be responsible for the true and proper setting-out
of the Works in relation to original points, lines and levels of reference
as per the Owners Requirements and for the correctness (of the setting
out) of the position levels, dimensions and alignment of all parts of the
Works and for the provision of all necessary instruments, appliances
and labour in connection therewith. If at any time during the progress of
the Works any error shall appear or arise in the positions, levels,
dimensions or alignment of any part of the Works, the Contractor shall
at his own expense rectify such error. The Contractor shall carefully
protect and preserve all bench marks, sight rails, pegs and other things
used in setting out the Works.
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6.17
6.17.1
In case cables, water pipes, etc. are uncovered and/or damaged during
performance of excavation works, the Contractor shall immediately
cease the said work and inform the Engineer and the competent
authorities thereof and shall, then, carry out all instructions and
directions in respect thereto and repair and make good the same, at his
own cost.
6.18
6.18.1
The Contractor shall have full responsibility for the adequacy of, and
shall comply with, any and all safety requirements, rules and/or
instructions in conjunction with his performance of the Works under the
Contract.
6.18.2
The Contractor shall, throughout the progress of the Works, have full
regard for the safety of all persons on the Site and shall keep the Site
(so far as the same is under his control) and the Works (so far as the
same are not completed or occupied by the Owner) in an orderly state
appropriate to the avoidance of danger to such persons and shall inter
alia in connection with the Works provide and maintain at his own cost
all lights, guards, fencing, warning signs and watching when and where
necessary or required by the Engineer or by any competent statutory or
other authority for the protection of the Works or for the safety and
convenience of the public or others.
6.18.3
The Contractor shall at his own cost make provision for lighting the
Works, Temporary Works, materials and Construction Plant and shall
provide all such marks and lights as may be required by the Engineer.
He shall also provide at his own cost every description of watching and
maintenance required in connection with the foregoing and all other
services and for protecting and securing all places dangerous whether
to the Contractors Workmen or to other persons until the Works shall
have been handed over to the Owner unless the Engineer shall decide
that such services are no longer required.
6.18.4
The Contractor shall comply with Owners Safety Rules, security and
traffic regulations currently enforced at the Site.
6.19
Care of Works
6.19.1
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6.21.1
6.21.2
6.22
6.22.1
6.22.2
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6.23
6.24
6.25
Workmen Compensation
The Contractor and his Subcontractors shall insure against such liability
with an Insurer approved by the Owner (which approval shall not be
unreasonable withheld) and shall continue such Insurance during the
whole of the time that any persons are employed by him or his
Subcontractors on the Works and shall, when required, produce to the
Engineer or Engineers Representative such Policy of Insurance and the
receipt for payment of the current premium. Provided always that, in
respect of any persons employed by any sub-Contractor, the
Contractors obligation to insure as aforesaid under this sub-clause shall
be satisfied if the subcontractor shall have insured against the liability in
respect of such persons in such manner that the Owner is indemnified
under the policy, but the Contractor shall require such Subcontractor to
produce to the Engineer or the Engineers Representative when
required such Policy of Insurance and the receipt for payment of the
current premium.
6.26
Cross Liabilities
The insurance policy shall include a cross liability clause such that the
Insurance shall apply to the Contractor and to the Owner as separate
insurances.
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6.27
6.28
6.29
6.30
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6.32
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6.33
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Engineer, afford all reasonable opportunities for carrying out their Works
to any other Contractor employed by the Owner and their Workmen and
to the Workmen of the Owner and of any other duly constituted
authorities who may be employed in the execution on or near the Site of
any Works not included in the Contract or of any contract which the
Owner may enter into in connection with or ancillary to the Works. If
however the Contractor, on the written request of the Engineer or the
Engineers Representative, make available to any such other Contractor
or to the Owner or any such authority, any roads or ways for the
maintenance of which the Contractor is responsible or permit the use by
any such of the Contractors scaffolding or other plant on the Site or
provide any other service of whatsoever nature for any such, the Owner
shall pay to the Contractor in respect of such use or service such sum
or sums as shall in the opinion of the Engineer be reasonable.
6.34
Site Co-ordination
The Contractor shall participate in joint meetings with the Engineer
and/or Engineers Representative and other Contractors employed on
the Site to ensure co-operation and efficiency of the Site Works and
operations.
6.35
6.36
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LABOUR
7.1
Engagement of Labour
The Contractor shall make his own arrangements for the engagement of
all labour, local or otherwise, and save in so far as the Contract
otherwise provides for the transport, housing, meals and payment
thereof.
7.2
7.3
7.4
7.5
Epidemics
In the event of any outbreak of illness of an epidemic nature, the
Contractor shall comply with and carry out such regulations, orders and
requirements as may be made by the Government or the local medical
or sanitary authorities for the purpose of dealing with and overcoming
the same.
7.6
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7.7
7.8
Labour Law
The Contractor shall, in his dealings with contract labour, comply with
the Libyan Labour Law including the provisions relating to minimum
wages, safety and sanitary conditions and hours of Work.
The Contractor shall be responsible for his personnel costs in Great
Jamaheriya, such as: salaries, INAS contributions, etc.
7.9
Training
At the request of the Owner, the Contractor shall provide personnel and
facilities for training of Owners personnel in accordance with any Terms
of the Contract for this purpose.
7.10
Working Hours
Without prejudice to the provision of sub-clause 7.88 herein, the
Contractor shall conform to the Engineers instructions with respect to
the working hours. The normal working week is six (6) days of ten (10)
working hours each day, Friday being a rest day.
Subject to any provision to the contrary contained in the Contract, none
of the permanent Works shall be carried out during the night or on
Friday without the permission in writing of the Engineers
Representative except when the work is unavoidable or absolutely
necessary for the saving of life or property or for the safety of the
Works, in which case the Contractor shall immediately advise the
Engineer'sRepresentative, provided always that the provisions of this
Clause are not applicable in the case of any Works which it is
customary to carry out by rotation or double shifts.
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7.11
Observance by Subcontractors
The Contractor shall be responsible
Subcontractors of the foregoing provisions.
7.12
for
observance
by
his
8.1
8.2
Tests on Completion
The Contractor shall carry out the Tests on Completion in accordance
with this Clause and Sub-Clause 8.7 Inspection and Testing after
providing the documents in accordance with Sub-Clause 5.8 As-Built
Documents and Sub-Clause 5.9 Operation and Maintenance Manuals.
The Contractor shall give to the Owner not less than 21 days' notice of
the date after which the Contractor will be ready to carry out each of the
Tests on Completion. Unless otherwise agreed, Tests on Completion
shall be carried out within 14 days after this date, on such day or days
as the Owner shall instruct.
Unless otherwise stated in the Owners Requirements, the Tests on
Completion shall be carried out in the following sequence:
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The Owner shall give to the Contractor 21 days' notice of the date after
which the Tests after Completion will be carried out. Unless otherwise
agreed, these Tests shall be carried out within 14 days after this date,
on the day or days determined by the Owner.
The results of the Tests after Completion shall be compiled and
evaluated by the Contractor, who shall prepare a detailed report.
Appropriate account shall be taken of the effect of the Owner's prior use
of the Works
If, for reasons not attributable to the Contractor, a Test after Completion
on the Works or any Section cannot be completed during the
Maintenance Period (or any other period agreed upon by both Parties),
then the Works or Section shall be deemed to have passed this Test
after Completion.
If the Works, or a Section, fail to pass the Tests after Completion:
(a) Clause 16.6 shall apply, and
(b) either Party may then require the failed Tests, and the Tests after
Completion on any related work, to be repeated under the same terms
and conditions.
If the following conditions apply, namely:
(a) the Works, or a Section, fail to pass any or all of the Tests after
Completion,
(b) the relevant sum payable as non performance damages for this
failure is stated (or its method of calculation is defined) in the Contract,
and
(c) the Contractor pays this relevant sum to the Owner during the
Defects
then the Works or Section shall be deemed to have passed these Tests
after Completion.
If the Works, or a Section, fail to pass a Test after Completion and the
Contractor proposes to make adjustments or modifications to the Works
or such Section, the Contractor may be instructed by (or on behalf of)
the Owner that right of access to the Works or Section cannot be given
until a time that is convenient to the Owner. The Contractor shall then
remain liable to carry out the adjustments or modifications and to satisfy
this Test, within a reasonable period of receiving notice by (or on behalf
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of) the Owner of the time that is convenient to the Owner. However, if
the Contractor does not receive this notice during the relevant
Maintenance Period, the Contractor shall be relieved of this obligation
and the Works or Section (as the case may be) shall be deemed to
have passed this Test after Completion.
If the Contractor incurs additional Cost as a result of any unreasonable
delay by the Owner in permitting access to the Works or Plant by the
Contractor, either to investigate the causes of a failure to pass a Test
after Completion or to carry out any adjustments or modifications, the
Contractor shall (i) give notice to the Owner and (ii) be entitled subject
to Sub-Clause 19 Claims to payment of any such Cost plus reasonable
profit, which shall be added to the Contract Price.
8.4
Cost of Sample
All samples shall be supplied by the Contractor at his own cost in
accordance with the technical Specifications.
8.5
Cost of Tests
The cost of making any test shall be borne by the Contractor if such test
is:
8.5.1
8.5.2
8.6
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8.6.1
8.6.2
8.6.3
8.7
8.7.1
8.7.2
That the Plant and all performances, materials and equipment furnished
by the manufacturers shall be subject to full inspection by the Contractor
at all times and places in or around or during the process of
manufacture, delivery, installation and erection.
8.7.3
8.7.4
The Engineer and/or the Engineers Representative shall have the right
at all times to inspect, or witness, the test along with the Contractor of,
any part of the Works at any place where equipment or materials are
located or in preparation, or at Site. Inspection or non inspection or
witnessing or non-witnessing by the Engineer and/or the Engineers
Representative shall not be construed as acceptance of any of the
Works nor as relieving Contractor of its responsibilities for said items
complying with Specifications and being free from defects and capable
of performing their respective functions.
8.7.5
Final Report
advance, of its readiness for said inspection or test, and the Engineer
and/or the Engineers Representative will then promptly perform said
inspection or witness said tests.
8.7.6
The Contractor shall ensure the quantity, quality, dimensions, fit up,
workmanship and proper finishing of all materials and equipment. All
purchased materials and equipment must be of first class quality.
8.7.7
The Contractor shall witness and approve final testing of all materials.
8.7.8
8.7.9
8.7.10
In the event damage is caused by the Contractor to any item which has
been inspected or tested, then all costs incurred in any repeat
inspection or test of the repaired or replaced item following such
damage, shall be to the Contractors account and responsibility.
8.8
Substitution
No substitution of specified materials or equipment will be permitted
under this Contract except on specific written authority of the Engineer,
pursuant to a formal Variation Order.
8.9
8.10
Access to Site
The Engineer and any person authorised by him shall at all times have
access to the Works and to the Site and to all Workshops and places
where the Works are being prepared or from where materials,
manufactured articles or machinery are being obtained for the Works
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and the Contractor shall afford every facility for and every assistance in
or in obtaining the right to such access.
The Contractor shall use every reasonable means to prevent any of the
highways, roads or bridges communicating with or on the routes to the
Site from being damaged by the traffic of the Contractor or any of his
Sub-contractors and in particular shall select routes, choose and use
vehicles and restrict and distribute loads so that the movement of
materials, Plant, Contractor's equipment etc., to and from the Site shall
not damage such highways, roads and bridges.
Should any highway, road or bridge be damaged or injured by such
traffic as aforesaid then:(a) If the highway, road or bridge is vested in or maintainable by the
Owner, the Contractor shall at his own cost make good all such
damage or injury to the entire satisfaction of the Owner or if the
Owner shall prefer to do the making good, the Contractor shall pay
to the Owner or the Owner may deduct from any monies due to the
Contractor or otherwise recover from the Contractor so much of the
cost incurred by the Owner in so making good the highway, road or
bridge as shall be attributable to the damage or injury caused by or
due to such traffic as aforesaid.
(b) In any other case, the Contractor shall indemnify and keep
indemnified the Owner from and against and shall himself be
responsible for and shall meet and discharge all claims, demands,
proceedings, damages, and expenses in respect of any such
damage or injury to highway, road or bridge(s). In case of failure of
the Contractor in settling the claim and in case the Owner is held
responsible for payment to the authorities, then the Owner shall
settle the claim and the Owner's expenses in this regard, as certified
by the Engineer shall be deducted from the Contractor's dues.
Where the nature of the Works is such as to require the use by the
Contractor of water-borne transport, the foregoing provisions of this
clause shall be construed as though 'highway' included a lock, dock,
sea wall or other structure related to a waterway and 'vehicle' included
water-craft, and shall have effect accordingly.
8.11
Final Report
8.13
8.13.1
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8.13.2
8.14
8.15
SUSPENSION OF WORKS
9.1
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9.1.1
9.1.2
9.1.3
9.1.4
Necessary for the safety of the Works or any part thereof. Provided that
the Contractor shall not be entitled to recover any such extra cost
unless he gives notice in writing of his intention to claim to the Owner
within thirty (30) days of the order, the Owner shall settle and determine
such extra payment to be made to the Contractor in respect of such
claim as shall in the opinion of the Owner be fair and reasonable.
9.2
9.2.1
If, on the written order of the Owner (in this sub-clause referred to as a
Suspension Order), the progress of the Works or any part thereof
should be suspended for a period or consecutive periods amounting in
all to ninety (90) days or if the Owner, having previously issued a
Suspension Order for a period which has lasted less than 90 days,
should issue, with in less than 90 days from the expiration of that period
of suspension, a further Suspension Order either in respect of the
Whole of the Work or (where the previous Suspension Order has
affected only a part) affecting or including that part, then and in any
such case the Contractor may serve a written Notice on the Owner
requiring permission, within thirty (30) days from the receipt, thereof to
proceed with the Works or that part thereof in regard to which progress
is suspended and, if such permission is not granted within that time, the
Contractor, by a further written Notice so served, may (but is not bound
to) elect to treat the suspension where it affects part only of the Works
as an omission of such part under Clause 18 hereof of where it affects
the whole Works as an abandonment of the Contract by the Owner,
Clause 10 will apply.
10
10.1
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b.
c.
d.
e.
Provided always that against any payments due from the Owner under
this sub-clause the Owner shall be entitled to be credited with any
outstanding balances due from the Contractor for advances in respect
of Plant, equipment and materials and any claims, taxes and other
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liabilities in the Great Jamaheriya and any sum previously paid by the
Owner to the Contractor in respect of the execution of the Works.
11
11.1
Commencement of Works
The Contractor shall commence the Works within the period named in
the Contract after the Effective Date as the case may be and shall
proceed with the same with due expedition and without delay except as
may be expressly sanctioned or ordered by the Engineer or be wholly
beyond the Contractors control.
11.2
11.3
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11.4
Expediting
The Contractor shall expedite delivery of the materials or equipment
subject of this Contract and shall expedite all purchase orders, revisions
and amendments including manufacturers quotations, design
calculations, drawings, spare parts data, installation, operating and
maintenance instructions, welding procedures, inspection, invoices,
shipping documents, etc., manufacturers sub-contracted orders and
any other work related to the Project.
The Contractor shall maintain up-to-date expediting reports and this
information is to be condensed in a monthly material status report. This
report shall be forwarded to the Engineer without interruption.
If the Contractor encounters delays in obtaining equipment and
materials from his manufacturers, the Contractor shall immediately
advise the Engineer. The Contractor shall supply the Engineer with
unpriced copies of his purchase orders and any requested shipping
information including that of his manufacturers orders as and when
requested.
12
12.1
12.2
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13
RATE OF PROGRESS
The whole of the materials, plant and labour to be provided by the
Contractor under the Contract hereof and the mode, manner and speed
of execution and maintenance of the Works are to be of a kind and
conducted in a manner to the satisfaction of the Engineer. Should the
rate of progress of the Works or any part thereof be at any time in the
opinion of the Engineer too slow to ensure the completion of the Works
by the prescribed time or extended time for completion, the Engineer
and/or Engineers Representative shall so notify the Contractor in
writing and the Contractor shall thereupon take such steps as the
Contractor may think necessary and the Engineer and/or Engineers
Representative may approve to expedite progress so as to complete the
Works by the prescribed time for completion. The Contractor shall not
be entitled to any additional payment for taking such steps.
The Contractor may request permission to work overtime or by night as
well as by day. If the Engineer shall grant such permission, the
Contractor shall not be entitled to any additional payment for doing so.
If such permission shall be refused and there is no equivalent
practicable method of expediting the progress of the Works the time for
completion shall be extended by such period as is solely attributable to
such refusal.
All night work shall be carried out without unreasonable noise and
disturbance.
The Contractor shall indemnify the Owner from and against any liability
for damages on account of noise or other disturbance created while or
in carrying out the Works and from and against any liability for damages
on account of noise or other disturbances created while or in carrying
out the Works and from and against all demands, proceedings, costs,
charges and expenses whatsoever in regard or in relation to such
liability.
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14
15
Final Report
16
16.1
Contractor Guarantee
The Contractor guarantees that the Works shall be performed by the
Contractor or any of his Subcontractors or Suppliers in accordance with
sound and currently accepted International Standards in Engineering
and Construction Companies and in accordance with the Specifications
and further that the Works shall be free from any defects, failures or
imperfections for the Maintenance Period Guarantee as specified in
sub-clause 16.2 hereof.
16.2
16.3
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16.5
16.6
16.7
16.8
Contractor to Search
The Contractor shall, if required by the Engineer in writing, search for
the cause of any defect, imperfection or fault under the directions of the
Engineer.
Unless such defect, imperfection or fault shall be one for which the
Contractor is liable under the Contract, the cost of the Works carried out
by the Contractor in searching shall be borne by the Owner. But if such
defect, imperfection or fault should be one for which the Contractor is
liable as aforesaid, the cost of the Works carried out in searching as
aforesaid shall be borne by the Contractor and he shall in such case
repair, rectify and make good such defect, imperfection or fault at his
own expenses in accordance with the provisions of Clause 16 hereof.
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17
MEASUREMENT
17.1
18
18.1
Variations
The Engineer shall make any variation to the form, quality or quantity of
the Works or any part thereof that may in his opinion be necessary and
for that purpose or if for any other reason it shall in his opinion be
desirable shall have power to order the Contractor to do and the
Contractor shall do any of the following:
a)
b)
c)
d)
e)
and no such variation shall in any way vitiate or invalidate the Contract
but the value (if any) of all such variations shall be taken into account in
ascertaining the amount of the Contract Price.
However, any work required to correctly accomplishing the scope of
Works of the Contract or any information that the Engineer may require
in relating to the Works shall not be considered as a variation.
18.2
Unauthorised Changes
No Contract variation shall be issued for the following:
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18.3
a)
b)
c)
d)
18.4
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Value of variations
a) Following a request for a variation, the Contractor must prepare,
within seven (7) days, a detailed lump sum price of the variation and
an estimate of the possible effect of the variation on the Scheduled
Completion Date. The lump sum price for the variation shall be in
accordance with the Contract and based upon the breakdown of
Lump Sum amount or schedules of rates. If no rates are available
then the Engineer shall fix a level of compensation as is reasonable
in the opinion of the Engineer without prejudice to the rights of either
party. When the agreement on price and schedule of the variation is
reached, the Contractor must immediately start the execution of the
variation and the Engineer shall issue a written order in respect of the
change, which shall be used for the relevant contract revision.
b) Variations to the Contract Price and the Scheduled Completion Date
shall only be valid if a Contract Revision is issued in respect thereof.
c) Where additional time is negotiated and granted in respect of a
request for variation, such additional time includes the cumulative
effects of all the variations previously authorized by the Engineer,
and there can be no further negotiations for further additional time in
respect of that variation.
d) In the event the Contractor believes that any instruction,
interpretation or decision received from the Engineer and any other
act of Engineer affects the Works and should be considered as a
variation, and the Engineer does not issue the relevant written order
of Contract Revision, the Contractor is entitled to make a formal
written request for a Contract Revision by fax a registered letter
within seven (7) days starting from the date of the event on which the
request is based. The Contractor shall furnish a relevant detailed
estimate for the effect on the Contract Price and the Scheduled
Completion Date as soon as possible.
e) If the Contractor fails to make the aforementioned formal written
request in respect of a variation or other circumstances, the
Contractor shall not be entitled to a Contract Revision and loses the
right to apply for variation to the Contract Price or Scheduled
Completion Date on the basis of such variation or other
circumstances even if such variation or other circumstances are
known or ought to be known.
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19
CLAIMS
19.1
Submission of Claims
The Contractor shall send to the Engineers Representative once in
every month an account giving particulars (as full and detailed as
possible) of all claims for any additional expense to which the
Contractor may consider himself entitled and of all additional works
ordered by the Engineer which he has executed during the preceding
month. No claim for any such works will be considered which has not
been included in such particulars and which had not been submitted
within thirty (30) calendar days after completion of the relevant works.
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19.2
Notice of Claim
19.2.1
19.2.2
19.2.3
After the giving of a notice to the Engineer under this sub-clause, the
Contractor shall as soon as is reasonable in all circumstances send to
the Engineer a first interim account giving full and detailed particulars of
the account claimed to that date and of the grounds upon which the
claim is based. Thereafter at such intervals as the Engineer may
reasonably require, the Contractor shall send to the Engineer further upto-date accounts giving the accumulated totals of the claim and any
further grounds upon which it is based.
19.2.4
If the Contractor fails to comply with any of the provisions of this subclause in respect of any claim which he shall seek to make, then the
Contractor shall be entitled to payment in respect thereof only to the
extent that the Engineer has not been prevented from and substantially
prejudiced by such failure in investigating the said claim.
19.2.5
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20
CONSTRUCTION
MATERIALS
PLANT
TEMPORARY
WORKS
20.1
AND
20.3
20.4
20.5
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Surplus Materials
Only those surplus materials which are necessary under the Owners
Requirements shall remain on-site, including spare parts, upon
completion of the Works. These shall become the Owners property and
the same shall be handed over to the Owner in a manner as required by
the Engineer and/or Engineers Representative. All other materials are
to be disposed of to an agreed location. These locations are to be
agreed with the Owner and Engineer.
21
21.1
Contract Price
The Owner shall pay the Contractor for all materials and services
supplied by the Contractor in performing his obligations under the
Contract and the total of the sums payable shall constitute the Contract
Price
The Contract Price shall be payable as per agreed terms and conditions
set out in the Preamble & Form of Contract and shall be deemed to
constitute the full and complete compensation to the Contractor for
performing the Works in accordance with the Contract, and shall be
deemed to include everything required to perform the Works to the
satisfaction of the Owner.
21.2
Cost Elements
The sums payable shall be calculated in accordance with the provisions
of Clauses 17 and 18, or as otherwise provided in the Contract
Documents. A breakdown of costs shall be provided by the Contractor
as and when requested by the Engineer.
21.3
Final Report
21.4
a)
b)
Monthly Payments
a)
b)
c)
The Owner shall pay to the Contractor the amount which in the
opinion of the Engineer on the basis of the monthly Progress
Payment Certificate, is due to the Contractor on account of SubClause 21.3 less a retention as provided in sub-clause 21.6
hereafter and less advance payment as per sub-clause 21.9
hereafter less any agreed amounts due to the Owner.
d)
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Final Account
Not later than three months after the date of the Completion Certificate,
the Contractor shall submit to the Engineer a Statement of Final
Account and supporting documentation showing in detail the value in
accordance with the Contract, together with all further sums, which the
Contractor considers to be due to him under the Contract. Within three
(3) months after receipt of this final account and of all information
reasonably required for its verification, the Engineer shall issue a Final
Certificate stating the amount which in his opinion is finally due under
the Contract and after giving credit to the Owner for all amounts
previously paid by the Owner and for all sums to which the Owner is
entitled other than under Clause 14, the balance if any due from the
Owner to the Contractor or from the Contractor to the Owner as the
case may be. Such balance shall, subject to the Clause 15 here-before
be paid to or by the Contractor as the case may require within thirty (30)
days of the date of the Final Maintenance Certificate issued by the
Engineer.
21.6
Retention
The retention to be made pursuant to sub-clause 21.4(c) shall be a sum
equal to five percent (5%) of the gross amount due to the Contractor in
respect of the Contract Works.
21.7
50% (fifty percent) of the retention money within thirty days after
the issue of the Completion Certificate for the Whole of the Works;
and
b)
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c)
21.8
21.9
Advance Payment
On the written request of the Contractor the Owner will, after the signing
of the Contract, make an Advance Payment of 10% (ten per cent) of the
Contract Price as an interest free amount, provided that the Contractor
furnishes at his own expense a bank guarantee in the form of Stand-by
Letter of Credit (L/C) equivalent to the value of the advance payment
valid up to the date of issue of Completion Certificate of the Works and
acceptable to the Owner from/or through a recognised Commercial
Bank operating in the Great Socialist Peoples Libyan Arab Jamaheriya
for the repayment on demand of the whole or any outstanding balance
of the said advance.
The Advance Payment shall be paid without retention and shall be
recoverable from subsequent monthly invoice for payment. The
repayment of the Advance Payment is to be 10% of the monthly
payment statement, deducted upto the cumulative amount of the
Advance Payment, provided always that, in the event of the Contract
being determined under the provision of the Contract, the Owner may
deduct the balance of the Advance outstanding from any money due or
that may become due to the Contractor, or the Contractor shall on
demand pay to the Owner the amount of such balance and it shall be
deemed a debt due by the Contractor to the Owner and shall be
recoverable accordingly. When the advance payment has been
recovered by 50% (fifty percent) by the Owner, the value of Stand-by
L/C shall be reduced by 50% (fifty percent) but with the same validity,
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and upon 100% recovery of Advance Payment, the Stand-by L/C shall
be returned to the Contractor by the Owner.
22
23
24
MAINTENANCE CERTIFICATE
The Contract shall not be considered as completed until a Maintenance
Certificate shall have been signed by the Engineer and delivered to the
Owner stating that the Works and Services have been completed and
maintained to his satisfaction. The maintenance Certificate shall be
given by the Engineer thirty (30) days after the expiration of the
Maintenance Period (or if different Maintenance Period shall become
applicable to different parts of the Works, the expiration of the latest
such period) or as soon thereafter as any Works ordered during such
period pursuant to Clause 16 hereof shall have been completed to the
satisfaction of the Engineer and full effect shall be given to this Clause
notwithstanding any previous entry on the Works on the taking,
possession, Working or using thereof or any part thereof by the Owner.
The issue of the Maintenance Certificate shall be a Condition Precedent
to payment to the Contractor of the Retention Money in accordance with
the conditions set out in the sub-clause 21.7 herein.
The Maintenance Certificate shall not be issued to the Contractor until
he has submitted a release note (Form of Release) in the form and
substance as provided in the Contract.
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25
26
UNFULFILLED OBLIGATIONS
Notwithstanding the issue of the Maintenance Certificate, the Contractor
and the Owner shall remain liable for the fulfilment of any obligation
incurred under the provisions of the Contract prior to the issue of the
Maintenance Certificate which remains unperformed at the time such
certificate is issued and for the determining the nature and extent of any
such obligation the Contract shall be deemed to remain in force
between the parties thereto.
27
27.1
b)
c)
has failed to remove materials from the Site or to pull down and
replace work for thirty (30) days after receiving from the Engineers
written notice that the said materials or work has been condemned
and rejected by the Engineer under these Conditions of Contract;
or
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d)
e)
f)
g)
h)
i)
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27.3
28
URGENT REPAIRS
If by reasons of any accident of failure or other event occurring to or in
connection with the Works or any part thereof, either during the
execution of the Works or during the Maintenance Period, any remedial
or other Works or repair should in the opinion of the Engineer or the
Engineers Representative be urgently necessary for security and the
Contractor is unable or unwilling at once to do such Works or repair, the
Owner may by his own or other Workmen do such Works or repair as
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29
FORCE MAJEURE
29.1
Force Majeure
No party to this Contract shall be liable to the other party for any
failure of or delay in performance of its obligations hereof or be deemed
to be in Breach of this Contract, if such failure or delay have arisen from
Force Majeure.
Force Majeure is defined as circumstances and conditions beyond the
control of either party, which would render it impossible for either the
Owner or the Contractor to fulfil their obligations under the Contract or
delay such fulfilment. Any of the following matters are considered Force
Majeure only if strictly in accordance with the definition given above,
such as WAR, HOSTILITIES, ACTS OF GOD.
If either party to the Contract is prevented or delayed from or in
performing any of his obligations under the Contract by Force Majeure,
he may notify the other part of the circumstances constituting the Force
Majeure and of the obligation, performance of which is thereby delayed
or prevented, and the party giving notice shall thereupon be excused
the performance or punctual performance, as the case may be, of such
obligation for so long as the circumstances of prevention or delay may
continue.
If circumstances and conditions of Force Majeure persist for more than
six (6) months, either the Owner or the Contractor shall have the right to
terminate the Contract or to negotiate any further extension of the
above-mentioned by issuing written notice within thirty (30) days after
the period aforesaid.
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29.2
Outbreak of War
If during the currency of the Contract there shall be an outbreak of War
(whether war is declared or not), in any part of the World which
materially affects the execution of the Works, the Contractor shall,
unless and until the Contract is terminated under the provisions in the
Clause contained, use his best endeavors to complete the execution of
the Works provided always that the Owner is entitled at any time after
such outbreak of War to terminate his Contract by giving Notice in
writing to the Contractor and upon such Notice being given the Contract
shall (save as to the rights of the parties under this Clause) terminate
but without prejudice to the rights of either party in respect of any
antecedent breach thereof.
29.3
29.4
30
SETTLEMENT OF DISPUTES
30.1
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Contractor until the completion of the Works and shall forthwith be given
effect to by the Contractor who shall proceed with the Works with all due
diligence whether he or the Owner requires Arbitration as hereinafter
provided or not. If the Engineer has given written Notice of his decision
to the Owner and the Contract and no claim to arbitration has been
communicated to him by either the Owner or the Contractor within a
period of 90 days from receipt of such Notice, the said decision shall
remain final and binding upon the Owner and the Contractor. If the
Engineer should fail to give Notice of his decision as aforesaid within a
period of 90 days after being requested as aforesaid or if either the
Owner or the Contractor be dissatisfied with any such decision, then
and in any case either the Owner or the Contractor may, within 90 days
after receiving Notice of such decision or within 90 days after the
expiration of the first named period of 90 days (as the case may be),
require that the matter or matters in dispute be referred to Arbitration as
hereinafter provided.
30.2
Arbitration Procedure
All disputes or differences in respect of which the decision, if any, of the
Engineer has not become final and binding as aforesaid shall be finally
settled under the Rules of Arbitration of the Great Socialist Peoples
Libyan Arab Jamaheriya by three (3) arbitrators appointed in
accordance with the said rules. The party wishing arbitration shall notify
the other party of the matters to be referred to arbitration together with
the nomination of his arbitrators. If the other party fails to appoint its own
arbitrator within thirty (30) days of being notified, the other partys
arbitrator shall be appointed by the President of the International
Chamber of Commerce in Paris.
The two arbitrators acting as Chairman of the Board of Arbitration and if
they, within 30 days of being appointed, cannot agree on this choice,
the party requesting arbitration or both parties shall report to the
President of the International Chamber of Commerce in Paris to
designate the third arbitrator.
The said third arbitrator should have no relation or connections
whatsoever with any of the Contracting Parties or their affiliates or any
interests in petro, dredging and Major Project Civil Engineering
industries.
He should also be a subject of a State which has diplomatic relations
with the countries of the contracting parties.
The Board of Arbitration so formed shall lay down Rules and
Procedures governing its actions and shall decide according to the
Arbitration and other Laws of the Great Socialist Peoples Libyan Arab
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31
NOTICES
31.1
31.2
32
INCREASED COSTS
The Unit of Rates and Prices included in the Contract are fixed and firm
and are not subject to any change for any reason for the period
specified in the Contract and any extension thereof as agreed by the
Owner. In the event that there are in the future, after the signing of the
Contract, any new changes in Libyan Corporate Tax Laws effecting the
price of the Contract, then the Contractor will be duly compensated by
the Owner subject to a negotiated settlement in the Contract Rates and
Prices based on actual proved cost variations resulting from such new
and unanticipated legislation.
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33
TAXES
33.1
Taxation
The Contractor shall be responsible to pay to the appropriate Authorities
for all taxes, duties and levies due from the Contractor in connection
with the Works or with his business wherever these arise and will
produce evidence of due payments with each certificate.
33.2
33.3
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Profit Tax
The Contract Price must include for the payment by the Contractor and
its Subcontractors and Suppliers of all taxes, duties and levies including
Corporate and Jehad Tax payable in Great Jamaheriya in connection
with the Works, wherever these occur.
33.5
34
GOVERNING LAW
34.1
34.2
34.3
Bribery
Any commission, advantage, gift, gratuity reward or bribe given,
promised or offered by or on behalf of the Contractor or his agent or
servant or any other person on his or their behalf to any officer, servant,
representative or agent of the Owner or of the Engineer or of the
Engineers Representative or to any person on their behalf or on behalf
of any of them in relation to the obtaining or to the execution of this or
any other contract with the Owner shall in addition to any criminal
liability which may be thereby incurred subject the Contractor to the
cancellation of this and of all other contracts which he may have entered
into with the Owner and also to the payment of any loss or damage
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35
ACCESS TO SITE
35.1
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Where the nature of the Works is such as to require the use by the
Contractor of water-borne transport, the foregoing provisions of this
clause shall be construed as though 'highway' included a lock, dock,
sea wall or other structure related to a waterway and 'vehicle' included
water-craft, and shall have effect accordingly.
35.2
Construction Roads
No traffic is permitted across the Site other than by specially
constructed or designated working roads. The Contractor shall be
responsible for the proper use of roads and hard-standing, etc. used by
his vehicles.
35.3
Authorised Vehicles
Only vehicles duly authorised by the Engineer may enter the Site.
35.4
Parking
Parking of vehicles and equipment shall be in such places and in such
manner as laid down by the Engineer. Any breach of this condition by
private vehicles will automatically involve cancellation of the
authorisation of entry for the vehicle concerned.
36
36.1
36.2
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37
37.1
Housing
The Contractor shall provide housing, food and transportation etc at his
own cost for all their staff, personnel or labour engaged on Works.
37.2
General
All facilities and utilities required for the execution of the Contract not
specifically listed as being supplied by the Owner shall be supplied by
the Contractor. This shall include, but not be limited to, all means of
transportation for men and materials, together with fuelling and
maintenance/repairs thereof. All communications facilities shall be
provided by the Contractor. Facilities erected by the Contractor must be
of a type approved by the Engineer. All fencing and service connections
must be approved by the Engineer in all particulars.
37.3
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37.4
37.5
Fire Protection
The Contractor shall himself be responsible for fire protection of his
buildings, plants and stores.
37.6
Handling of Stores
The Contractor shall provide open and covered storage suitable for the
bought-in items all as defined in the Specification. The complete
handling and care of materials supplied by the Contractor at the
Contractors place of storage for incorporation in the Permanent Works
shall be the responsibility of the Contractor and/or his Sub-Contractors.
This shall include but not be limited to up-lifting from the Contractors
store, transporting, handling, re-handling, protecting, storing and
accounting for such materials. In addition the Contractor shall have
similar responsibilities in respect of any permanent plant and materials
supplied by the Contractor under the Contract.
37.7
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37.8
Notice of Accidents
In the case of any casualty or accident occurring on the Site during the
carrying out of the Works or any Temporary Works, the Contractor shall
comply with any subsisting legal obligation requiring him to give notice
of such casualty or accident to any person or persons and supply the
Engineer with three copies of any notice so given. In any event written
notification of all accidents shall be submitted to the Engineer within 24
hours.
37.9
38
39
ENTIRETY OF CONTRACT
This Contract, together with the documents listed in the Preamble &
Form of Agreement including all Owners Requirements, Contractors
Documents, Drawings, Specifications, Standards, codes and other data
referred to therein constitute the entire Documentation for the Contract
between the Owner and the Contractor and supersedes all prior
negotiations, representations or agreements related to the Works, either
written or oral, including Owners Invitation for Proposals and
Contractors Proposal except to the extent they are expressly
incorporated herein.
40
ISRAELI BOYCOTT
The Contractor, his affiliates and Subcontractors acknowledge and
undertake that they do not have any dealings, of whatsoever nature,
with Israel.
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They also undertake to abide by all the laws and regulations in respect
of Israeli Boycott.
41
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_______________________________ (Bank)
To
Under our full responsibility and indemnity, you are kindly requested to
advise the following text of stand-by letter of Credit adding you
confirmation:
Quote:
By order and for the account of ______________________(Contractor),
who have entered into a Contract with Azzawiya Oil Refining Company
Inc., Great Jamaheriya, for ____________________________(Project).
And whereas, Azzawiya Oil Refining Company Inc. Shall effect
payments, against presentation from __________________(Contractor)
of a Letter of Guarantee of ____________________________(Amount)
issued by a Bank in favour of Azzawiya Oil Refining Company Inc. as
guarantee of the fulfilment of thee obligations undertaken by
__________________________________(Contractor) in respect of the
above-mentioned contract.
We, _________________________ (Bank) having our registered office
at this irrevocable Stand-By Letter of Credit No. ___________________
for the amount of _________________________________________ to
guarantee Azzawiya Oil Refining Company Inc., for the punctual and
good performance by ______________________________(Contractor)
of the Works in compliance with the obligations stated in the
aforementioned Contract.
This Stand-By Letter of Credit is payable at Libyan Arab Foreign Bank ,
Tripolis counter against Azzawiya Oil Refining Company Inc.,s first
simple demand in writing notwithstanding any objection of whatever
nature by ________________________ (Contractor) or other authority
and without recourse to any legal of judicial proceeding.
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________________________________ (Bank)
To :
Under our full responsibility and indemnity, you are kindly requested to
advise the following text of stand-by Letter of Credit adding your
confirmation
Quote
By order and for the account of _________________________
(Contractor), who have entered into a Contract with Azzawiya Oil
Refining
Company
Inc.,
Great
Jamaheriya,
for
___________________________________ (Project).
And whereas, Azzawiya Oil Refining company Inc. shall effect payments
against presentation from ____________________ (Contractor) of a
Letter of Guarantee of ______________________________ (Amount)
issued by a Bank in favour of Azzawiya Oil Refining Company Inc. as
guarantee of the fulfillment of the obligations undertaken by
___________________________ (Contractor) in respect of the abovementioned Contract, Article 21.9 of the General Conditions of the
Contract.
We, _________________________________ (Bank) having our
registered office at ________________________ and our head office at
___________________, issue this irrevocable Stand-By Letter of Credit
No. _______ for the amount of _______________________________
to guarantee Azzawiya Oil Refining Company Inc. of the fulfillment of
the obligations undertaken by _______________________(Contractor)
in compliance with the above mentioned Contract.
This Stand-By Letter of credit is payable at Libyan Arab Foreign Bank,
Tripolis counter against Azzawiya Oil Refining Company Inc.s first
simple demand in writing notwithstanding any objection of whatever
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COMPLETION CERTIFICATE(SPECIMEN)
(Issued subject to clause 15 of the General Conditions of Contract)
Certificate No. __________
To:
_____________________
_____________________
Description
of
Works
_________________________________________________________
In accordance with the provisions of the General Conditions, Clauses 15
which forms part of the Contract, it is certified that, subject to the
Contractors agreement to finish any outstanding works listed below
during the Maintenance Period and to execute all work of repair,
amendment, reconstruction, rectification and making good and defects,
imperfections, shrinkage and the faults in accordance with the
provisions of the Contract, such outstanding work being therefore
excluded form this Completion Certificate, the Works were completed to
our satisfaction on the _______________ from which date the
Maintenance Period shall commence.
Signature:
Date:
Signature:
Date:
For:
__________________
Signature:
__________________
Title:
__________________
Date:
__________________
(Corporate of Company Seal)
*Delete as appropriate
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____________________________Name of Contractor
_________________________ by _____________________________
Secretary
Title______________________________
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To :
_________________________
_________________________
Contract No.
_________
Description of Works: ________________________________
________________________________
It is certified that the Works have been completed and maintained to our
satisfaction and that we have received a Form of Release in respect of
all claims arising from such Works, dated ______________
Signature:
Date:
Signature:
Date:
________________________
Signature:
Title:
Date:
________________________
________________________
________________________
Note:
The issue of the Maintenance Certificate in respect of the
Whole of the Works discharges the Sureties/Surety from their/his
liabilities contained in the Performance Bond for this Contract.
Tc/foocbgs
Sam/mma/July-03
241005
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