Romcab - Acatari - P2 - Appendix To Tender - Nr2 - Employer's Requirements

Romcab Acatari
Jud. Mures, Romania
Phase Two - For the extension and diversification of the production of

cables for low, medium and high voltage in the Romcab SA, including
related buildings
Conditions of Contract for Plant and Design-Build for Electrical and

Mechanical Plant, and for Building and Engineering Works, designed
by the Contractor
APPENDIX TO TENDER
Nr 2
EMPLOYERS REQUIREMENTS
August 2012
A.1
THE SITE / EXISTING BUILDINGS

Site Particulars
0.1
The Contractor is deemed to have visited and inspected the site before tendering
which is situated at Acatari Jud. Mures, Republic of Romania.
The Site is identified on the Scheme Design Drawings included in this tender package.
Arrangements to visit and inspect the site and buildings shall be made with the Engineer
during normal office hours.
The Contractor shall be deemed to have made due allowance here or in his prices for
local conditions, the nature and accessibility of the site, the nature and extent of the
operations and storage space for materials and waste handling, including all additional
handling and transporting, due to site conditions and the nature of the ground.
Site Investigation Report etc.
0.2
The Contractor is advised that Site Investigation Reports, Surveys etc, are available of
this documentation is on the basis of "INFORMATION ONLY and their content does not
impose or imply any contractual or legal imposition or obligation on the Employer in his
relationship with the Contractor.
Boundaries, Access, Hoardings and Screens etc
0.3
The Contractor must restrict his activities to the work areas, laydown areas, and access
areas defined on the Employers Representative/Engineer's general arrangements and
shall maintain access through any of those areas of the site described as being for
shared access.
0.4
At no time shall the Contractor obstruct the access to adjacent buildings unless in such
cases where prior written arrangements have agreed with the respective owners and
with the knowledge of the Employers Representative/Engineer.
0.5
The Contractor shall erect, adjust and maintain during the Contract Period and remove
upon completion :(i)
(ii)
(iii)
(iv)
temporary hoarding and screens to separate areas within the contract site
and the site boundary,
signs giving suitable danger warnings as arising throughout the execution
of the works,
signs of instruction and routes for the deliveries of materials,
and,
signs directing visitors to the site on where they should report before
entering the site proper.
Working Area
0.6
The site delineated on the Site Plan will be made available to the Contractor at the
commencement of the Works.
0.7
Should a situation arise where the Contractor finds that he requires access to any area
outside the Working Area or Site boundary of the Works, he shall make the
necessary arrangements with the adjacent occupiers/owners and seek the written
permission of the Employers Representative/Engineer to allow sufficient time so as not
to impact on the programme/ progress of the Works.
0.8
Once area/sections are handed back to the Employer, the Contractor will be
required to obtain a permit to re-enter such areas/sections to complete any outstanding
works and/or rectify snagging items. Such permits will be arranged through the
Employers Representative/Engineer. The Contractor will be expected to operate with
the Employer and/or his direct contractors, with a "permit to work system" for
Contractor's work in Employer's areas. Such system procedure is to be agreed at the
commencement of the Project with the Employers Representative/Engineer.
Existing Mains/Services
0.9
Should a situation arise where the Contractor requires access to any area outside the
site boundary to complete any part of the works, he will make the request and
arrangement with the appropriate authority and advise the Employers
Representative/Engineer accordingly.
1.0
The following utility services are known to exist near the site
(a)
(b)
(c)
(d)
1.1
Electrical Power cables: according to the scheme design attached to the tender
documents
Drainage and Sewerage Pipelines and manholes: according to the scheme
design attached to the tender documents
Telecommunication cables etc.: according to the scheme design attached to the
tender documents
Gas pipe supply: according to the scheme design attached to the tender
documents
The Contractor is to allow for all temporary works to ensure that all utility services are
maintained during the Contract Period.
A.2
EMPLOYER'S REQUIREMENTS : TENDERING/SUB-LETTING/SUPPLY

Tender requirements Health & Safety Regulations
0.1
In accordance with any provision under Romania Regulations, the Tenderer shall submit
with his tender the following:(a)
all necessary information to demonstrate that he has sufficient
experience, knowledge and other skills to be competent to undertake the
duties of contractor and to demonstrate that he will employ sufficient
appropriate resources to carry out the Works safely.
(b)
all necessary information to demonstrate that he has allocated or will

allocate adequate resources to enable him to comply with the legal
requirement for the provision of welfare facilities and that he has
allowed for such resources in his tender sum.
(c)
all necessary information to demonstrate his competence to complete any

design for the Works (including Detail Design for Execution - DDE) (so far
as he has prepared or will prepare such design) in accordance with the
relevant statutory provisions.
Labour
0.2
The Tenderer shall allow in his prices for the following items :a- Importation of labour including higher rates of wages, transport, travelling time, fares,
subsistence, and lodging allowances.
b- Operation of incentive schemes, Bonus payments and costs of non-productive and
other expenses in connection with overtime working.
c- Guaranteed time
d- Grant and Pensions
e- Annual and Public Holidays
f- Sick Pay
g- Any other disbursements arising from the employment of labour.
Clarifications
0.3
Words importing the singular only also include the plural and vice versa where the
context so requires.
0.4
Words importing MALE gender also include all other genders
0.5
The Headings in this Preliminaries Specification shall not be deemed as part thereof or
be taken into consideration in the interpretation or construction thereof of the Contract.
0.6
Words importing persons or parties shall include firms and corporations and any
organisations having a legal capacity and entity.
A.3
EMPLOYERS REQUIREMENTS: PRELIMINARIES PROVISION, CONTENT AND

USE OF DOCUMENTS
Contractor's Drawings and Production Information Procedure
0.1
The Contractor shall complete the detailing of the Works as required and provide
complete production information (including as appropriate, drawings including any
specifications and notes etc., fabrication/installation drawings, all calculations,
specifications, approvals where required etc.) identifying where possible based on the
drawings, this specification, and other information provided, liasing with the Employers
Representative/Engineer and others as necessary to help ensure the co-ordination of
the work with related building elements and services.
Information Required during Contract Period
0.2
The Contractor shall request additional information from the Employers

Representative/Engineer Team as necessary and in sufficient time to meet the
requirements of the Works Programme.
Contractor's Drawings and Approval Procedure
0.3
The Contractor shall prepare and submit to the Employers Representative/Engineer any
drawings/production drawings in accordance with the approval procedure outlined as
follows :The Employers Representative/Engineer will inspect and issue approval through the
issue of a covering letter on all drawings and other Contractor's Documents, record his
comments and return them to the Contractor.
The Employers Representative/Engineer Team will require fifteen (15) days for such
inspection of the drawings/production information.
0.4
The Contractor shall submit four (4) copies of drawings/production information to the
Employers Representative/Engineer for the approval procedure.
The Approval Procedure shall entail the Employers Representative/Engineer applying a
status to each of the Contractor's drawings viz.,
Status A
There are NO comments and the drawing(s) are approved by the Employer's
Representative..
Status B
There are comments on the drawing(s) but subject to full incorporation of those
comments, the drawing(s) may be used for fabrication and off site construction purposes
at the Contractor's risk. The drawing(s) shall be revised to incorporate all comments and
be resubmitted to the Employers Representative/Engineer until Status A is achieved.
Status C The drawings(s) are NOT acceptable and will have to be amended/modified
and resubmitted for further comment. The drawings(s) shall NOT be used for fabrication
and/or construction purposes.
0.5
The intention of this Approval Procedure is that all drawings shall obtain Status A prior to
installation and at least Status B prior to Fabrication.
0.6
It shall be the Contractor's responsibility to ensure that the drawings are submitted for
approval in sufficient time to avoid any delay in the Works.
0.7
If the submitted drawings/production information differs from the requirements of the

Tender/Sub-Contract drawings/documents, each difference must be subject to a request
for substitution or variation and supported by all the relevant information to the
Employers Representative/Engineer.
0.8
In the event any amendments are required to the drawings/production information by the
Employers Representative/Engineer, such amendments will be considered to involve a
variation if not already been acknowledged as a variation by the Employers
Representative/Engineer, subject to the Contractor notifying the Employers
Representative/Engineer in writing within seven (7) days of such amendment being
required. The Contractor will not proceed with the order, fabrication or installation of any
such amendment until properly instructed by the Employers Representative/Engineer.
Claims for additional cost of such amended work, carried out wholly or partly prior to the
issue of the Employers Representative/Engineer's Instruction will not be permitted.
0.9
The Contractor shall submit sufficient copies of the final version of the
drawings/production
information
including
copies
for
the
Employers
Representative/Engineer, and to all concerned and affected parties.
1.0
The Contractor is to ensure that all Drawings/Production Information submissions

including those of Domestic Sub-Contractors and Suppliers include the preparation,
amendment, etc of the following information as required:1.
2.
3.
4.
5.
6.
7.
Drawings fully co-ordinated with the Contract Drawings

Builder's Work drawings
Installation drawings and schedules
Manufacture drawings
Record drawings and schedules
Operation and Maintenance Manuals
Such other data and information as required by the Contract documents.
Product Samples and Mock-Ups

1.1
As and when requested by the Employers Representative/Engineer, the Contractor shall

co-ordinate and provide samples of ALL materials he proposes to use for the Works.
Samples shall then be subject to the Employer's and Employers

Representative/Engineer's inspection and permission to proceed prior to any delivery of
such materials to the site.
1.2
The Contractor must obtain the Employers Representative/Engineer's written

permission to proceed based on the appearance of all samples before proceeding with
his ordering procedures.
1.3
The Contractor shall provide mock-up as required by the Employers

Representative/Engineer and shall be subject to similar inspection and permission to
allow procedures for materials as stated above.
1.4
The operation of "inspection and permission to proceed for materials and mock-up as
described above shall not be deemed to imply approval of same or any matters related
therein nor shall it prevent the rejection of such materials and workmanship at any time
by the Employers Representative/Engineer.
1.5
The Contractor shall provide a Sample and mock-up Room on site approximately 20
square metres and dedicated for this purpose. This room will remain complete with all
approved samples until written instruction is given by the Employers
Representative/Engineer to remove same from the Site.
1.6
The following mock-ups will be provided by the Contractor:List to be confirmed on contract signing/
1.7
The Contractor shall provide all material samples with stick on labels which identify the
material and has provision for the Contractor signature with date, the Employers
Representatives signature and the Employers signature.
A.4
EMPLOYER'S
DOCUMENTS
REQUIREMENTS:
PROVISION,
CONTENT
AND
USE
OF
Work to be Performed
0.1
The Contractor shall furnish all labour, materials and equipment, tools, construction plant
and supervision to perform the Works in accordance with and as described in the
Specifications and Drawings referred to herein and as subsequently amended,
augmented, revised and modified.
0.2
The Contractor is deemed to have included in his Contract Price for all consumable
construction materials.
Works to be Carried Out
0.3
The Contractor shall be held to have satisfied himself by careful examination of the
drawings and specifications and of the site as the content and amount of the Works to
be carried out to enable the Works to function properly and satisfactorily all in
accordance with the Contract Documents. This shall be deemed to include all items
reasonably required and obviously referred to as necessary though not specifically
implied in the Drawings and Specifications and no adjustment of the Contract Sum will
be allowed in consequence of the Contractor having failed to acquaint himself with the
site, Drawings and Specifications.
0.4
The Contractor shall be responsible for setting out all the Works shown on the drawings
and referred to in the Contract Documents.
0.5
The decisions of the Employers Representative/Engineer shall be final and binding as to

when the Contractor shall consult the Employers Representative/Engineer for the
appropriate instructions and interpretation whenever the Contractor shall be in doubt as
to the intent, meaning and/or scope of the Drawings and/or Specifications or any part
thereof.
0.6
Prior to the commencement of the Works, the Contractor shall be deemed to have
carefully examined the Drawings, Specifications and all other Contract Documents and
shall have the responsibility of notifying the Employers Representative/Engineer of any
inconsistency appearing therein.
The Contractor shall satisfy himself on the accuracy of all of the existing surveys as NO
claim will be entertained as a result of any inaccuracy being identified thereafter.
Inadequacy of Description
0.7
The Contract Price shall be deemed to be fully inclusive of the cost of completing the
Works in accordance with the Drawings, Specifications and all other Contract
documents. The Contractor shall state with his tender any additional items for which he
requires payment as NO claim on the ground of inadequacy in the Contract Documents
will be admissible thereafter.
Provide Everything Necessary
0.8
The Contractor shall provide for everything necessary for the proper and complete
execution of the Contract according to the true intent and meaning of the Contract
Documents, whether the same may or not be particularly described, provided the same
is reasonably inferred therein and therefrom.
Facsimile and E-mail Communications
0.9
The use facsimile transmission and e-mail for notices and matters of import within this
contract is permissible but will only be effective and admissible provided that the
recipient will acknowledge the receipt of same thereof in writing or email response
thereto.
A.5
EMPLOYER'S REQUIREMENTS: MANAGEMENT OF THE WORKS

Safety, Health and Welfare (Construction Regulations)
0.1
The Contractor shall be deemed to have made due allowance in his prices and
programme for complying with the requirements for Safety Health and Welfare
(Construction Regulations) as required under Romanian Law and Regulations.
0.2
The Contractor shall appoint a competent person as the Health and Safety Co-ordinator
for the Construction Phase who will be independent of the Contractor's Site
Management Administration. The Contractor shall comply with the co-ordination duties
set out or implied from the Contract Documents in respect of the management of
Domestic Sub-Contractors.
Site Administration
0.3
The Contractor shall not change the person who is in charge as the site manager, or
Contractor's Representative referred to in the Conditions of Contract without first
obtaining the written consent of he Employers Representative/Engineer.
0.4
The Contractor shall provide adequate (English speaking) replacement supervisory

personnel in the event that any of the Contractor's senior staff or personnel is on
vacation, sick or absent for a period beyond ten (10) working days, etc. In the case of
any permanent or long term replacement for the Contractor's Site Representative, such
person will be subject to the written approval of the Employers Representative/Engineer.
Supervision and Co-ordination
0.5
The Contractor shall responsible for the supervision and administration of all SubContractors, Suppliers and Local and Statutory undertakers, including the progression of
any information or design work that may be necessary to enable them to comply with the
Works and Project Master Programme. The Contractor will be responsible for arranging
and monitoring a programme with each Sub-Contractor, Supplier, Local Authority and
Statutory undertaker, and obtain and supply information as necessary for the coordination and planning of the Works.
0.6
The Contractor shall be responsible for supervising, co-ordinating the sequencing and
setting out the work of the Sub-Contractors on site, having particular regard to any
conflicts, which may arise as a consequence of the detailed interpretation of drawings by
site operatives.
0.7
The Contractor shall make regular visits to the premises, factories etc., of all his SubContractors to inspect the quality of the work being manufactured therein, to check on
progress and delivery in relation to the programme and he shall be deemed to have
allowed for all costs in connection therewith within the Contract Price.
0.8
The Contractor shall provide Sub-Contractors will all necessary drawings, dimensions
and other information to enable their work to be correctly and expeditiously executed.
0.9
The Contractor shall be responsible for notifying and co-ordinating all Statutory
Undertakings as when he requires their services on the site. Such co-ordination shall be
deemed to include for the provision to Statutory Undertakings with sufficient information
regarding line, level etc., to enable them to provide and lay mains cables etc., to suit the
progress of the Works, irrespective of whether payments are made direct to such
Statutory Undertakings by the Employer or otherwise.
Employment of Labour
1.0
The Contractor shall employ fully qualified and competent tradesmen with their
necessary labourers and helpers on the Works and the whole of the same shall be
carried out and completed in the best and most substantial manner.
Sub-Letting
1.1
The Contractor must not assign or sub-let any part of the Works to others without the
written consent of the Employers Representative/Engineer. This rule will be strictly
observed within this Contract.
1.2
The Contractor will note that consent must be applied for in writing, with full particulars,
to allow adequate time for enquiries to be made and to complete preparations depending
on the Employers Representative/Engineer's decision, before construction works related
thereto commence.
1.3
All fees and charges in connection with temporary buildings will be the responsibility of
the Contractor
Notices and Fees to Statutory Authorities
1.4
The Contractor shall allow in his costs or here for the payment of any fees or charges
(including any rates or taxes) to Statutory Authorities insofar as such payment related to
the temporary works.
1.5
Traffic Restrictions
The Contractor is deemed to have included in the Contract Price, for any traffic
restrictions imposed by the Authorities with especial reference to trucks deliveries during
the summer months.
The Contractor will ensure that continuity of material and equipment deliveries is
maintained during those periods that traffic restrictions are in force including out of
hours deliveries and the necessary site staff to be in attendance to receive such
deliveries.
Quality Procedures
1.6
If the Contractor is registered with a recognised QAA company and is operating an

approved Quality Assurance System with reference to this Project, the quality plan for
the project is to be submitted with the tender as stated in Part II Particular Conditions.
1.7
The proposed Quality Plan shall have the following minimum requirements:(a) identify the personnel responsible for the project management, site management,
safety, for inspection and testing of the Works and the verification of such tests.
(b) ensure that an adequate document control details all the drawings received related
to the project including revision status and circulation record including:(i) Drawing register is to be maintained to record details of all drawings received
relating to the project including revision status and circulation record
(ii) All documents are date stamped and identified with the project
(iii) Superseded drawings are marked "SUPERSEDED" and removed from use.
(iv) All documentation is safely filed and easily retrievable.
(c) have clear purchasing procedures, which will document individual orders for all
materials and goods to be incorporated in the project. Such documentation or
purchase orders should incorporate the project reference number, the date order, the
suppliers name address and telephone/fax number, description of the materials or
goods ordered including requirements to conform to international standards and/or
references to drawings and/or specifications. The date for delivery must be clearly
stated on the purchase order documentation.
(d) All site deliveries must be checked by a designated and responsible person and any
materials or goods not in accordance with the specifications and Contract documents
to be identified immediately, segregated where practical with the details of the nonconformance(s) and the remedial action to be take duly recorded in writing.
(e) Provide evidence to the Employers Representative/Engineer as requested of
specialised QA training of the Contractor's site personnel.
(f) Provide
schedule
of
inspections
and
tests
to
the
Employers
Representative/Engineer, which will itemise the relevant tests, the person
responsible for executing such tests and the persons responsible for verifying that
those tests have been carried out.
(g) Ensure that all variations to the Contract are recorded and authorised by the
Employers Representative/Engineer including any financial approval of the
(h) State the procedures for testing, commissioning and snagging of the completed
works.
Project Meeting Types and schedules
1.8
It is anticipated that the following meeting types and schedules will be implemented
during the Contract Period :-
Project Executive/Client Meeting

This meeting type will be attended by senior representatives of the Employer,
Employer's
Representative/Engineer, Quality Controller(s) and the Contractor. The meetings to be
held at least fortnightly and discuss programme and progress,
projected project
costs and any matters of import raised by any of the parties. All meetings will be chaired
by the Employer and the minutes will be taken and issued by the Employer's
Representative/Engineer.
The invitation of other parties and specialists will be made through the Employer's
Representative/Engineer in advance of the meeting, giving at least three (3) working
days notice to the invited parties.
Project Site Progress Meetings
This meeting type will be attended by the representatives of the Employers
Representative/Engineer, Quality Controller(s), Diriginte De Santier, the Contractor and
any specialist or invitee if the aforesaid parties provided the
Employers
Representative/Engineer has been informed of such specialist's/invitee's attendance
prior to the meeting at least three(3) working days beforehand.
The Site Progress meetings will be held at least weekly and discuss progress and
programme, material and equipment procurement, technical matters, variations orders
and instructions, works packages status, safety matters and any other business of the
parties in attendance. All meetings will be chaired by the Employers
Representative/Engineer nominee who will also take and issue the minutes within three
(3) working days.
Project Cost Review Meetings
This meeting type will be attended by the Employers Representative/Engineer and the
Contractor including any required or requested participation of the others as agreed and
required.
Although these meetings will be primarily on an "ad hoc" basis it must be convened at
least once monthly and will discuss costs, variations, dayworks, instructions,
remeasurement, etc. All meetings will be chaired by the Employers
Representative/Engineer who will also take issue the minutes within three (3) working
days.
Project Site Safety Meeting
This meeting type will be attended by all parties and to be convened in accordance with
legal and site requirements by the Contractor, who will chair the meeting and take and
issue the minutes within three (3) working days. This meeting will meet monthly as a
minimum.
Project Mediation Committee
This Committee shall be formed at the commencement of the Contract and comprise of
on one senior director/partners from the Employer, Employers Representative/Engineer
and the Contractor. This Committee will be convened by the Employers
Representative/Engineer on the request of any party listed above to discuss any matter
of serious dispute between two or more of the parties that is experiencing difficulty in
resolution and is considered harmful and/or compromising to the Works. The convention
of such a meeting of this Committee would be extremely rare and is intended to diffuse
such events and propose a resolution at such dispute without being binding on any of
the parties. It is further noted that no party is obligated to attend any meetings of this
Committee.
Insurance against injury to person or property
1.9
A copy of the Contractor's Insurance Policies and premium receipt are to be submitted
for inspection by the Employers Representative/Engineer at the Commencement date.
2.0
The Contractor will be required to maintain Employer's Liability Insurance under the
relevant clause of the Conditions of Contract.
Programme
2.1
The Contractor shall within four one week of the Contract Commencement date provide
a detailed Project Works programme in bar chart from the Employer's Representative's
satisfaction with copies of any supporting network analysis and programme
statement/notes that he may require and using "MS Project" compatible software.
2.2
The Project Works programme shall be based on, but considerably amplify the
information contained in, the programme submitted with the Tender. Such Project Works
Programme shall establish the sequence of all activities for the whole of the construction
works and incorporate the requirements of all the Domestic Sub-Contractors, Local and
Statutory Authorities and others engaged direct by the Employer whose work is
dependent upon or has a bearing on the progress of the Works. The activities will
identify the duration for drawing preparation, ordering manufacture and delivery of major
construction materials or goods, including Domestic Subcontractors, Local and Statutory
Authorities. No programme activity duration shall exceed three weeks.
2.3
The Contract shall include sufficient time within the Project Works programme for SubContractors, Local and Statutory Authorities to test and commission their works. The
programme will also identify activities for cold testing and pre-snagging by the
Contractor, Subcontractors, Local and Statutory Authorities prior to direct involvement of
the Employers Representative/Engineer and the Quality Controllers.
2.4
The Contractor must also indicate, in consultation with the Employers

Representative/Engineer, by way of Schedules of Outstanding Information Required, the
latest dates by which he , the Contractor, requires final outstanding information on the
various parts of the building.
The Contractor will further advise on the dates he requires the Employers
Representative/Engineer's approval to material/goods samples and mock ups in
connection with both his own works and those of the Sub-Contractors and Suppliers.
2.5
The Project Works programme and Schedules of Outstanding Information Required shall
be submitted to the Employers Representative/Engineer for his comments and after
these have been agreed and incorporated, one copy of the final and agreed Project
Works programme shall be kept on the site and all necessary copies shall be supplied
by the Contractor for his own use, and that of the Employer, Employers
Representative/Engineer, Quality Controller(s) and Diriginte De Santier.
2.6
The Contractor shall monitor the progress of the Works by "Marking Up" at least weekly
intervals, a copy of the current agreed Project Works programme to indicate the actual
progress of activities shown thereon for all activities that are programmed to have been
completed
or
commenced
and
submit
a
copy
to
the
Employers
The "Marked Up" Project Works programmes shall also be kept on the site as a full and
continuous record during the Works and be available for the Employers Representative/
Engineer inspection.
2.7
The Contractor shall advise the Employers Representative/Engineer of any actual or

potential "critical" slippage on the Project Works Programme within two (2) working days
of the actual event or he is aware of the potential slippage.
2.8
The Contractor shall on being instructed by the Employers Representative/Engineer,

submit his proposals to recover any delays to the Project Works Programme which do
not entitle the Contractor to an extension of time under the Contract and/or are due the
default or otherwise of the contractor. The Employers Representative/Engineer after
reviewing the Contractor's proposals will advise the Contractor on any amendments or
modifications to the Project Works Programme to be executed and issued. The
Contractor is made aware that no such amendments or modifications will alter the
Contract Completion date.
2.9
In the event the Contract Completion date is extended under the Contract, the
Employers Representative/Engineer can instruct the Contractor to submit a revised
Project Works programme in alignment with the revised Contract Completion date. On
being so instructed the Contractor shall submit a revised Project Works Programme
based on the revised Contract Completion date which when agreed will be issued as
stated above to all parties by the Contractor.
3.0
The Contract Programme shall include activities for cold testing of all Mechanical and
Electrical equipment, the full system testing on each Mechanical. Electrical and
Plumbing Installations, Disaster and Functional Testing of ALL Mechanical and Electrical
Installations and a period of twenty one (21) days for the Employers Handover
Procedures after the Contractor notifies the Employer that he considers that the Works
are
complete.
The Contractor will note that this period of twenty one (21) days is to be included within
the stated Contract Period of fifteen (15) months.
3.1
The Contract Programme shall include activities for snagging by the Contractor and a
period of at least two weeks for the Contractor to carry out snagging works as notified by
the Employers Representative/Engineer. The Contractor will note that this period of
fourteen (14) days will be subject to adjustment in agreement or direction by the
Employers Representative/Engineer dependent on the content of the Employers
Representative/Engineers Snagging/Punch Lists.
Notwithstanding the above the Contractor shall provide an activity of fourteen (14) days
within the Contract Period for the execution of remedial works related the
Snagging/Punch
lists
prepared
and
submitted
by
the
Employers
Reports, Schedules, etc.
3.2
The Contractor shall prepare and submit the following information :

(a) Health and Safety Plan for the Construction stage before the commencement of
Construction work and adjust as required during the Contract Period
(b) Site Progress Reports to be prepared and submitted weekly, which will report on
Programme and actual Progress for all relevant activities, a record of the number
and description of tradesmen, labourers and supervisors etc., including Domestic
Sub-contractors. The report will include the number, type and capacity of all major
items Contractors construction equipment and plant employed on the works.
(c) Any proposed reprogramming where and when the Contractor elects to vary the
work sequence, which will be subject to Employers Representative/Engineers
written approval.
(d) Information Release Schedules for comparison with Information Outstanding
Required Schedules updated and submitted weekly
(e) Monthly Project Cashflow statements
(f) Weekly reports on Snagging and Commissioning activities area by area when these
activities commence.
3.3
The Contract shall prepare and submit monthly within the first three (3) working days a
detailed report current up to the last day of the previous month in which the respective
report submission is made and make especial reference to :(a)
(b)
(c)
(d)
(e)
(f)
Programme and Actual Progress to date with comments

Look Ahead Programme for the next month
Detailed Cost Statement including Final Account Projections
Material Delivery Schedule Status
Outstanding Information Required Status
Other matters of concern and import to the Project
3.4
The Contractor shall keep one copy of all reports submitted to the Employers
Representative/Engineer, all programmes and schedules, he has prepared and provide
the Employers Representative/Engineer with three (3) copies of same as and when they
are issued.
3.5
All reports, programmes and schedules etc., shall be prepared and maintained by a
competent person, who is to retain close contact with the site and the project until the
Contract is completed.
3.6
The submission of Progress Reports and Schedules etc shall not relieve the Contractor
of his obligations under the Contract, or constitute agreement to their content or delays
etc shown therein, it will not affect the Contract Completion date or Sectional Completion
dates stated or revised thereto by the Employers Representative/Engineer, and will not
relieve the Contractor of executing the Works in accordance with the Contract
Documents.
3.7
All project related correspondence is to be conducted in the Romanian and

English languages.
Cash Flow Forecast
3.8
The Contractor shall prepare and submit to the Employers Representative/Engineer no

later that the date for commencement of the Works on site and thereafter at monthly
intervals, a Cost Report and a cumulative monthly cash flow forecast statement for the
duration of the contract period under the following headings :(a)
(b)
(c)
(d)
Preliminaries
Work executed by labour directly employed by him
Work executed by his Sub-Contractors
Work executed by Named Sub-Contractors and Suppliers for which Provisional
Sums have been included in this specification. The Contractor shall agree with the
Named Sub-Contractors and Suppliers the values included in the abovementioned
forecasts in respect of their works.
Progress Photographs
3.9
The Contractor shall arrange and process all progress photographs on a monthly basis
and these are to be submitted to the Employers Representative/Engineer by e-mail and
comprise of 10 to 12 photographs each time as a minimum.
Certificates and Payments
4.0
To assist in the preparation of interim valuation under Clause 14 of the Conditions of

Contract, the Contractor shall send to the Employers Representative/Engineer a
detailed statement of the approximate value of the work executed and of unfixed
materials or goods one week before the issue of each Interim Certificate by the
4.1
The Contractor shall disclose with such detailed statement whether any materials or
goods, fixed or unfixed, are subject to any reservation of title inconsistent with the
unconditional passing of property to the Contractor under Romanian Law and he may be
required to satisfy the Employers Representative/Engineer that the Contractor has
ownership or he has made full payment thereto to the actual supplier or provider.
Measurement/Inspection
4.2
The Contractor shall give reasonable notice to the Employers Representative/Engineer

and/or the Inspector of Works before covering up any work which the Employers
Representative/Engineer and/or the Inspector of Works may require to be measured or
inspected.
Employers Representative/Engineer's Variations and Instructions
4.3
All instructions and variation orders shall be issued by the Employers

Representative/Engineer ONLY. No payment will be made to the Contractor and/or SubContractor and/or Supplier in respect of work for which an instruction is issued by any
other person than the Employers Representative/Engineer.
4.4
An order/instruction of additional cost and/or programme implication of any variation

must be agreed with or fixed by the Employers Representative/Engineer prior to issue of
an Employers Representative/Engineer's Instructions/Variation Order.
It will remain the Contractor's responsibility to organise, resource in a timely manner, the
relevant information on cost and programme necessary for the Employers
Representative/Engineer to make an informed decision.
Tax Clearance Certificate (Foreign Contractors, Subcontractors etc.)

4.5
Prior to the award of any Contract or Sub-Contract, the Contractor or Sub-Contractor

under consideration will be required to produce a Tax Clearance Certificate.
4.6
State Inspections
The Contractor shall give three (3) working days notice of any State Inspections of the
Works and shall provide a list of such inspections with probable dates for the whole of
the Works as and when requested to do so by the Employers Representative/Engineer.
Meaning of Partial Possession
4.7
"Partial Possession" means those sections of the Works as are designated in the
Contract Documents for Sectional Completion or become so "designated" by Employers
Representative/Engineer's Instruction that have been carried to such a stage that they
can be taken over by the Employer for their designed and intended purpose within the
context of the Contract and that any items of work or supply outstanding or any defects
then patent are of a minor nature and are such that their completion and/or rectification
will not interfere with, or impede the Employer's use of that designated section of the
works.
4.8
The Employers Representative/Engineer shall not issue a Certificate of Partial

Possession without having the Contractor's written assurance that all the patent and
stated defective works and or excepted works will be completed satisfactorily within two
(2) weeks following the issue of the Certificate of Partial Possession. The issue of the
Certificate of Partial Possession is subject to the approval of the Employer.
4.9
The Contractor shall take due cognisance of the sensitive nature of the Project within
which the works will be executed after the issue of Partial Possession Certificate or the
Practical Completion Certificate itself. Access to such areas after issue of any Partial
Possession Certificate shall only be with the prior approval of the Employer and/or the
5.0
The Works shall be deemed to have been finally completed only when all outstanding
items of work as above described and all work postponed on the written instruction of
the Employers Representative/Engineer have been satisfactorily and properly
completed including all defects, shrinkages, and other faults for which the Contractor is
liable, have been made good and the final Certificate is issued to the Contractor.
Sequence of the Works
5.1
The Contractor shall programme the Work in order to comply with the milestone and
completion dates listed herein. This may involve the execution of work by individual
trades and subcontractor in various different stages in the programme. It may be
necessary for some trades and/or subcontractors to execute their respective works over
a number of site visits. The Contractor shall include here for all costs arising from such
occurrences.
5.2
The Contractor shall include with his submission a schedule of all labour and plant
hourly rates. This schedule shall form the basis of agreeing any allowable standing time
charges that may occur during the contract.
Contractor's Services
5.3
The following services are to be supplied by the Contractor during the first four (4) weeks
of the construction period and thereafter as necessary :a- In consultation with, and the approval of the Employers Representative/Engineer
and the Employer, he shall liaise with the Employers Representative/Engineer, and
others as required.
b- Preparation and issue of a Project Procedures and Organisation Manual
incorporating procedure to cover the following and their implementation thereto :(a) Co-ordination of the Design activities (Shop Drawings etc), including design by
the Subcontractors and Suppliers and ensure the implementation of the agreed
design procedures.
(b) Expedition of the flow information between the Employer, Employers
Representative/Engineer, and other parties as required
(c) Construction of a schedule of meetings to exchange information, resolve design
issues and review and record design progress
(d) Management of the project to ensure that the Works are designed in accordance
with the agreed Employer's brief, the agreed Drawing Programme and the Health
& Welfare at Work Regulations.
(e) Preparation of material and component flows and identify advance ordering and
design programme requirements.
(f) Attendance at regular meetings with the Employer, Employers
Representative/Engineer, Sub-contractors and Suppliers as may be convened
and required to review progress and status on matters relating to brief, design,
construction and other matters concerning the Project.
(g) Attendance on the Employers Representative/Engineer in the preparation of the
Project Strategy, Project Master Programme, and Design Development
Programmes.
(h) Preparation of Method Statements and detailed Design and Construction
Programmes, co-ordinate and programme the works of Domestic SubContractors and Suppliers engaged in design and/or other pre-construction
activities with the works of the Employers Representative/Engineer.
(i) The review, updating and re-issuing of Project Documentation in consultation
with the Employers Representative/Engineer during the Contract Period.
(j) Preparation of Project Status Reports at regular intervals to advise on actual an
planned progress during the Contract Period
(k) Presentations to the Employer on matters relating to the Project in consultation
with the Employers Representative/Engineer.
(l) Monitoring and reporting status of material deliveries.
(m) Preparation of pre-snagging/punch lists and the related remedial work execution.
(n) Preparation of handover of areas to tenants including drawings with areas
defined.
The Contractor is to note that the above list is not intended to be exhaustive.
Cost Management
5.4
The Contractor will agree with the Employers Representative/Engineer on the

procedures for cost monitoring and reporting to allow feedback to the Employer on
budget status, final cost projections, and Cash Flow.
5.5
The Contractor will attend regular cost meetings convened and chaired by the
Employers Representative/Engineer in connection with all financial and associated
matters related to the Project
5.6
The Contractor will develop, implement and maintain agreed cost management
procedures throughout the design phase of the Project to assist in ensuring the
estimated cost of the Works is maintained within the limits of the approved Contract
Price and Cost Plan Budget of the Employer.
5.7
The Contractor will provide cost information to the Employers Representative/Engineer

including invoices etc., as required and requested.
5.8
The Contractor shall report to the Employers Representative/Engineer as stated and

assist the Employers Representative/Engineer in the preparation of any financial reports
to the Employer.
5.9
The Contractor will as required evaluate feasible alternatives as the Design proceeds in
order to allow the selection of the most economical materials, goods and construction
methods that comply with the design brief and the Project Master Programme.
6.0
The Contractor will submit any recommendations to the Employers

Representative/Engineer for economies in the design and/or construction costs, which
the Contractor believes is achievable within the design brief, and Project Master
Programme as approved.
Planning and Programming Activities
6.1
The Contractor shall review the Project Master Programme and any sub-programmes
prepared by the Employers Representative/Engineer and incorporate these into the
Project Works Programme as required. The Project Works Programmes to be prepared
by the Contractor shall include any activity and times for drawings approval processes,
tender documentation preparation, tender enquiry periods, tender evaluation, Domestic
Sub-Contractor and Supplier awards and all on-site construction activities.
6.2
The Contractor will develop and submit a separate "critical path" from the Project Works
Programme and prepare a list of those activities that are critical to that programme
including the stated last acceptable date for each such activity and the party(s)
responsible for is execution and completion.
6.3
The Contractor shall recommend any equipment or materials, which must be preordered to meet the Project Works Programme.
6.4
The Contractor shall prepare a separate detailed design programme for each stage of
the design to identify those activities and interfaces necessary to accomplish the list of
critical dates.
6.5
The Contractor will monitor the progress of the design work against the Design
Programme and advise the Employers Representative/Engineer as and when potential
or actual constrains develop and thereafter promptly make recommendation for
corrective action. The Contractor will also ensure by his best endeavours that the
Contract Works are compatible with any works to be carried out by others directly
employed by the Employer.
6.6
The Contractor shall develop a detailed Construction Programme for the Works in
accordance with the Project Master Programme including any construction phased
possessions, milestone dates and handovers to the Employer.
Detail Design - Review
6.7
The Contractor shall advise on the selection, availability and cost of materials, goods,
methods of working, building systems and equipment etc. as requested by the
6.8
The Contractor in co-ordination with the Employers Representative/Engineer shall

contribute to detailed design proposals from the approved Scheme Design to satisfy and
comply with, in all respects, the requirement of the Design Brief.
6.9
The Contractor is deemed to have included for the cost of all verificators required for the
design within his responsibility and including any such verification service related to the
As Built Drawings, Fire Department Approvals and the Occupation Permit.
Co-ordination of Design
7.0
The need to provide co-ordinated site information and fully co-ordinated Mechanical,
Electrical and Plumbing Installations drawings, is an integral part of The Contractor's
responsibility and obligation under this contract.
Liaison with Statutory Authorities
7.1
The Contractor will establish communication and consult with :(a)

(b)
(c)
(d)
Planning Authorities
Fire Authorities
Environmental Authorities
Any other bodies or persons as required
7.2
The Contractor shall in conjunction with the Employers Representative/Engineer

prepare such information as may be required for consultation and formal submissions to
Statutory and Local Authorities etc.
7.3
The Contractor shall conduct negotiations with the various Statutory Authorities,
incorporate revisions as necessary, and expedite the approval of these agencies.
A.
CONTRACTOR'S GENERAL START : MANAGEMENT ON SITE

Operations on Site and Completion of the Works
0.1
Where the Contractor is, and whilst he remains the Contractor of the Works, shall
comply with all the duties set out in the Health & Welfare at Work Regulations
notwithstanding anything to the contrary stated within these documents.
0.2
The Contractor shall develop for consultation with, and the approval of, the Employers
Representative/Engineer and the Employer, a Construction Method Statement and
Resource Plan for the Construction Phase of the Project, which shall include :
(a) Proposals for the provision and layout of site facilities to be provided or secured by
the Contractor during construction/contract period
(b) Management Team Structure and Site Operatives Histogram
(c) A Quality Plan to include quality control procedures and resources
(d) Proposals for the method by which surplus material, refuse and rubbish are to be
removed from the site.
(e) Proposals for the method and frequency of deliveries to the site
(f) A Site Safety Policy, including the Traffic Management Plan
(g) A Construction Works Protocol including security of the site.
0.3
The Contract shall prepare and submit a detailed Construction Programme for the
Project and this will identity as a minimum :
(a)
(b)
(c)
(d)
(e)
(f)
(g)
Critical Activities
Contracts and Materials where advance ordering is required
Information Requirements
Shop and Working Drawing production periods
Checking and Approvals activities
Prefabrication/Manufacture Periods
Delivery Periods (when transit includes importation from outside the Republic of
Romania)
(h) Installation Periods
A.7
CONTRACTOR'S GENERAL POST - START : MANAGEMENT ON SITE

Operations on Site and Completion of the Works
0.1
The Contractor shall co-operate with and provide promptly all appropriate information, as
required by the Health & Welfare at Work Regulations, to enable the Project Supervisor
to comply with all the relevant statutory provisions.
0.2
The Contractor shall allow in the Construction/Project Works Programme for the
execution of works not forming part of this Contract by person(s) employed or otherwise
engaged by the Employer as advised by the Employers Representative/Engineer and by
these Contract Documents.
0.3
The Contractor shall maintain and regularly update the detailed Construction/Project
Works Programme for the Project and for all Works Packages as required by the
Contract.
0.4
The Contractor shall prepare and regularly update the Materials and Components Flows
and advise on the priorities for ordering and processing.
0.5
The Contractor shall prepare and regularly update Schedules for the release of
Information Outstanding from the Employers Representative/Engineer consistent with
the Works Package Contracts, the detailed Construction/Project Works Programme and
the Materials and/or Components Flows.
0.6
The Contractor shall undertake to carry out strategic planning studies and develop
construction-phasing proposals to meet the stated operational requirements of the
Employer.
0.7
The Contractor shall adhere strictly to the terms of the Contract in relation to his
applications for Interim Payments and the Submission of the Final Account
0.8
The Contractor shall assist the Employers Representative/Engineer in the preparation of

Valuations, checking applications for Interim Payments and in the submission,
negotiation, vetting and settlement of the final accounts for the all Sub Contractors and
Suppliers
Site Management and Quality Control
0.9
The Contractor shall establish on site all necessary management personnel with full
responsibility to manage the Project Works.
1.0
The Contractor's site personnel must include English speaking supervisory staff with
knowledge, competence, experience etc. to allow the proper monitoring of the quality of
workmanship and materials and to ensure full compliance with the Contract documents.
1.1
The Contractor shall arrange for his proper representation at all meetings convened by
the Employer, and/or the Employers Representative/Engineer.
1.2
The Contractor shall make regular reports on the actual progress of the on site
construction and off site works in the agreed format and with the frequency required and
acceptable to the Employers Representative/Engineer.
1.3
The Contractor shall follow the agreed Contract Quality Management Procedures and
ensure that all Sub-contractors and Suppliers comply with such procedures.
1.4
The Contractor shall maintain all records of quality tests and/or opening up for inspection
required by the Employers Representative/Engineer and the Laws and Regulations in
force in Romania.
1.5
The Contractor shall maintain daily records of the weather and site conditions necessary
for the Project Administration and submit this information to the Employers
Representative/Engineer the following working day.
1.6
The Contractor shall establish the required procedures in connection with site/building
access, safety and security.
1.7
The Contractor shall ensure that the site is run in a proper and efficient manner and that
working areas are kept clean during the progress of the works and that all rubbish,
debris etc., is removed from the site as it arises and at the completion of the Project to
the satisfaction of the Employers Representative/Engineer.
1.8
The Contractor shall liase with Public Authorities, Police and Fire Brigades Officers etc.
as required for the Contract.
1.9
The Contractor shall establish proper and good labour relations procedures and ensure
that Works Package Sub Contractors' and Suppliers' labour relations policies and
procedures are compatible with his own and conform to the established and best
practice.
2.0
The Contractor shall co-ordinate with all the Sub-contractors and Suppliers so that any
labour relations matters on the Project can be fully monitored and acted upon as
required.
2.1
The Contractor shall set out the Works and check and co-ordinate the settings out of the
works for all Sub-contractors.
Site Management and Quality Control
2.2
The Contractor shall co-ordinate and expedite the works to be carried out by the SubContractors and Suppliers.
2.3
The Contractor shall ensure that all Sub-contractors and Suppliers are issued with and
made fully aware at all times of the requirements of the detailed Construction/Project
Works Programme.
2.4
The Contractor shall monitor the performance of the Sub-contractors, and Suppliers with
the detailed Construction/Project Works Programme to enable any corrective action to
be taken timeously to alleviate or prevent stoppages and/or delays and recover and time
lost.
2.5
The Contractor shall take any corrective action that may be required by the Contract.
2.6
The Contractor shall supervise the Works as required by the Contract.
2.7
The Contractor shall ensure that the quality of all materials and workmanship are as
specified in the Contract Documents.
2.8
The Contractor shall ensure the prompt replacement of defective work and materials.
2.9
The Contractor shall ensure that all the Subcontractors and Suppliers will make good
any damage caused by them to the Works including any works executed by other
Subcontractors and/or Suppliers or to the site facilities, existing structures etc.
3.0
The Contractor will secure the prompt remedying of defects listed by the Employers
Representative/Engineer at the Practical Completion of the Project including any areas
of Phased/Sectional Completion and thereafter at the end of the Defects Liability Period.
3.1
The Contractor shall provide proposals for the overall testing, commissioning and
validation of the Engineering Services Installations.
3.2
The Contractor shall undertake to carry out regular checks on the production status of
record information and reportage to the Employers Representative/Engineer.
3.3
The Contractor shall secure the provision of record drawings, testing and commissioning
data, and the operation and maintenance manuals from the Subcontractors and
Suppliers as required by the terms of their respective contracts.
3.4
The Contractors shall review and check, and thereafter collate the Operation and
Maintenance Manuals submitted by the Sub-contractors and Suppliers prior to their
inclusion in the consolidated Project Operation and Maintenance Manual (Building
Manual).
The Contractor shall also ensure such manuals contain information related to the
sourcing of all materials and products that are permanently incorporated into the works,
details of the finishes throughout the building including their maintenance and cleaning,
method statement on the replacement of glazing to faade, maintenance of all doors and
opening grilles etc., maintenance of all ironmongery/hardware, and cleaning of all paint
finishes.
3.5
The Contractor shall provide the Project Operation and Maintenance Manuals as
required under the Contract in Romanian and English. The Project Operation and
Maintenance Manuals is to consist of three parts with sub-sectioning as required and
appropriate :
THE BUILDING MANUAL PART 1 - GENERAL

must include as a minimum :(a)
(b)
(c)
(d)
full description of the building

details of all the Consultants and Designers
copies of all Consents and Approvals obtained
drawings showing emergency escape routes, location of emergency and fire fighting
systems, services shut-off valves, switches etc.
(e) copy of the Ground Decontamination Certificate
THE BUILDING MANUAL PART 2 - BUILDING FABRIC
must provide and include such information as is reasonably required by the Employers
Representative/Engineer viz.:(a) As-built drawings, recording full details of the construction for all Contractor designed
works and performance specified work
(b) copies of Manufacturer's printed and current literature in Romanian (if available) and
English for all products from which the particular proprietary brand was selected by
the Contractor, and the manufacturer's recommendations for cleaning and
maintenance.
(c) names, addresses, telephone and fax numbers, e-mail address of all Works Package
Contractors, Suppliers and Manufacturers including where applicable their respective
agent(s) in the Republic of Romania.
(d) copies of all guarantees, warranties and maintenance agreements required of and
submitted by the Sub-contractors, Suppliers and Manufacturers.
(e) copies of all Test Certificates and Reports required by the Contract Documents with
especial reference to the Specification.
(f) Operation and maintenance including cleaning and repair/replacement of any fabric
product including all doors, windows, ironmongery etc.
(g) Maintenance and cleaning procedures for any finishes incorporated in the building.
(h) Procedures for repairing/replacing glazing to the faade/windows.
THE BUILD MANUAL PART 3 - BUILDING SERVICES
must include as a minimum :(a) a full description of each of the system installed in the Works and written to ensure
that the Employer's Staff can fully understand the scope and facilities so provided
under the Contract.
(b) a detailed description of the operation modes for all systems.
(c) Diagrammatic drawings of each system indication the principal items of plant,
equipment, valves etc.
(d) A photo reduction of all record drawings with an index
(e) Schedules of Plant. Equipment, Valves etc. stating their locations, functions, duties
and performance figures. Each item so listed must be given a unique number, which
will be cross referenced to the record and diagrammatic drawings and schedules.
(f) The names, addresses, telephone and fax numbers, e-mail addresses of
manufacturer of every item of plant and equipment together with catalogue list
numbers.
THE BUILDING MANUAL PART 3 - BUILDING SERVICES (continued)
(g) all Manufacturer's technical literature in Romania (if available) and English for all
items of plant and equipment as assembled and fabricated for the Contract,
excluding irrelevant matter but including detailed drawings, electrical circuit details
and operation and maintenance instructions.
(h) copies of all Test Certificates, including but not limited to electrical circuit tests, works
tests, and start and commissioning tests, for all the installations and the plant and
equipment, valves etc., used in the installations.
(i) copies of all manufacturers' guarantees, warranties and maintenance agreements
required of Works Package Contractors, Suppliers and Manufacturers.
(j) Starting up, operating, and shutting down instructions for all equipment and system
installed
(k) Control sequences for all system installed
(l) Schedules of all fixed and variable equipment settings established during
commissioning
(m) Procedures for seasonable changeovers
(n) Recommendations as to the preventative maintenance frequency and procedures to
be adopted to ensure the most efficient operation of the systems.
(o) Lubrication schedules for all lubricated items
(p) Lists of normal consumable items
(q) List of recommended spares to be kept in stock by the Employer, being those items
subject to wear and/or deterioration and which may involve the Employer in extended
deliveries when replacements are required at some future date.
(r) Fault finding procedures
(s) Emergency procedures including telephone numbers for emergency services
PRESENTATION OF BUILDING MANUAL :
The Building Manual is to be contained in a series of A4 size plastic covered, loose leaf,
four ring binders with hard covers, each indexed, divided and appropriately cover titled.
Selected drawings needed to illustrate or locate items mentioned in the Manual where
larger than A4 are to be folded and accommodated in the binders so that they can be
unfolded without having to be detached from the rings. The main set(s) of As Built
drawings will form annex(s) to the Building Manual.
Workpeople confined to the Site
3.6
The Contractor shall confine all workpeople including those of his Sub Contractors,
Suppliers, and Statutory undertakings, to the site of the Works.
Defects Agreement
3.7
The Contractor shall, upon Practical Completion of the Works, furnish to the Employer
(and to such third party funding institution as the Employer may nominate) a Defects
Agreement in a form to be agreed.
A.8
EMPLOYER'S REQUIREMENTS: QUALITY STANDARDS/CONTROL

Standards of Materials and Workmanship
0.1
Where approval of materials or goods is specified, the Contractor shall submit samples
or other acceptable evidence of suitability and shall not confirm orders or use of
materials or goods until such written approval has been obtained. Approved samples
shall be retained on site as directed by the Employers Representative/Engineer for
comparison with the materials and/or goods used in the Works and the Contractor shall
remove such samples when no longer required by the Employers
0.2
Where samples of finished works are specified, the Contractor shall obtain "approval" of
the state characteristics before proceeding with the appropriate work and remove such
samples which are not part of the finished works and when no longer required by the
0.3
Where and to the extent that materials and/or goods and workmanship specified are to
be approved or the Employers Representative/Engineer instructs or requires that they
are to be approved, the same must be supplied and executed to comply with all other
requirements and, irrespective of the stated or implied characteristics, either to the
approval of the Employers Representative/Engineer or to match the sample approved
by the Employers Representative/Engineer as a standard for the purpose.
0.4
Where and to the extent that materials, goods and workmanship are not fully specified,
they shall be suitable for the purpose of the Works, stated in or reasonably to be inferred
from the Contract Documents and in accordance with good building practice, including
the relevant provisions of the current Contract Documents.
0.5
Materials and/or goods where described to be obtained from a particular manufacturer,

shall be used or fixed strictly in accordance with that manufacturers printed instructions.
0.6
The Contractor shall supply written evidence of the source of supply of any materials
and/or goods to be used in the Works when so requested by the Employers
0.7
Materials, goods and workmanship shall comply with the regulations of Statutory
Authorities.
0.8
The operation of the above shall not be deemed to imply any overall approval of the
materials, goods or workmanship or other matters related therein nor shall it prevent the
rejection of such materials, goods or workmanship at any time by the Employers
Building Regulations, Permits etc.
0.9
The Contractor shall be responsible for he serving of and compliance with all notices and
the like required under the Romanian Law and the current Building Regulations and ByLaws in connection with the execution of the works.
1.0
The Contractor shall comply with the Building Regulations over which he has control and
are applicable to his operations. The Contractor shall at Taking Over Completion,
provide written confirmation, signed by a director of his company that he has so
complied with such Regulations.
Control of Noise, Pollution and all other Statutory Obligations
1.1
The Contractor shall comply with all other Statutory Regulations governing the control of
noise and pollution. The Contractor is obliged to comply with Romanian Standard for
Noise Control on Construction and Open Sites.
1.2
The Contractor is to take proper and adequate precautions on noise emissions taking
into account the proximity of the adjacent Buildings.
Control of Insects and Pests
1.3
The Contractor shall comply with the laws, rules, regulations etc., with reference to the
infestation of the Works with insects and verminous pests. The Contractor shall take
adequate precautions and measures to prevent the establishment of insect and vermin
infestations including the prohibition of eating within the construction works and the
provision of suitable canteen facilities for his workpeople.
Airspace/Oversail Permits etc.
1.4
The Contractor shall obtain all airspace/oversail permits and/or permissions as required
and include for all costs in complying with this Clause.
A.9
EMPLOYER'S REQUIREMENTS: SECURITY/SAFETY/PROTECTION

Safety, Health and Welfare
0.1
The Contractor shall comply all the current Safety, Health and Welfare legislation, and all
current approved Codes of Practice issued by the Health Authority.
0.2
The Contractor shall ensure that assessments are made such that all significant risks
likely to arise throughout the construction phase are anticipated and that appropriate
steps are taken to eliminate, reduce or control such risk(s).
0.3
The Contractor shall make and issue specific Site Rules dealing with the wearing of
head protection, the prohibition of drinking alcoholic beverages and smoking, general
housekeeping and discipline on site.
0.4
The Contractor will ensure the total prohibition of the importation, sale, donation, or
transaction concerning alcoholic liquids for drinking purposes and drugs or illegal
substances on the site.
0.5
The Contractor will provide for the safety training of all staff and personnel including
updates on Health and Safety matters during the complete Contract Period.
0.6
The Contractor shall prepare an overall emergency plan for the site which shall include
details as to how outbreaks of fire or similar incidents will be dealt with throughout the
construction phase and shall include evacuation procedures for workpeople, signage,
fire fighting equipment etc.
0.7
The Contractor shall also prepare the required procedures for accidents etc involving
workpeople on site to ensure that proper medical attention is the FIRST priority and the
reporting and corrective procedures thereafter.
0.8
The Contractor is to liase with the Employers Representative/Engineer and the

Romanian Governments Health and Safety Advisors and comply with the safety
strategy for the building during construction as applicable and maintain all access and
exit routes once area(s) is/are occupied by the Employer.
0.9
The Contractor shall comply with the relevant Code of Practice for Fire Safety and
Prevention on Construction Sites, and, if necessary the Contractor must establish
alternative exit/escape routes and liase with the relevant Fire Authority on establishing
these and provision of fire fighting equipment.
1.0
The Contractor will provide a detailed Fire Plan including exit/escape routes, location of
fire fighting equipment etc. at the commencement of the construction works and amend
as required during the Contract Period.
Record Drawings
1.1
The Contract Price will include for the provision of record drawings and manuals as
specified to the approval of the Employers Representative/Engineer. In the event the
Contractor refuses or neglects to provide the record drawings and/or manuals, the
Employer may employ and pay other persons to provide such drawings and manuals
with the costs incurred in connection therewith shall be recoverable from the Contractor
or may be deducted from any monies due or become due to him, irrespective of the
Contractor's price included in his tender for same.
Provision of First Aid Equipment

1.2
The Contractor shall provide first aid kit equipment and eye washing stations on site for
the duration of the Contract Period as required and shall ensure that all such equipment
is in full working order and kept fully stocked at all times.
The Contractor shall also ensure that at least two of his site staff has training in First Aid
with a certificate for same, from a recognised body in Romania or elsewhere.
Prevention of Nuisance
1.3
The Contractor shall take all proper measures to the satisfaction of the Employers
Representative/Engineer to minimize the spread and emission of dust, noise, pollution
etc., and prevent any nuisance arising during the execution of the Works.
1.4
The Contractor shall be deemed to have allowed in his tender for complying with the
requirements of Local Authorities, Statutory Authorities, and Health and Safety
Regulations with regard to the control of noise, dust, pollution and all other such
obligations.
1.5
The Contractor shall not be entitled to any reimbursement by the Employer for any costs,
damages, loss and expense which the Contractor has incurred or may incur, which have
been occasioned or caused by compliance with any notice, consent, limit, condition or
instruction relating to the compliance with any Statutory requirement. The Contractor
shall not be entitled to any extension of time for any delays so caused by such
compliance.
1.6
The use of explosives will NOT be permitted unless expressly agreed with the
Employers Representative/Engineer in writing.
1.7
All plant, tools and vehicles shall be fitted with effective silencers and noise suppressors
of a type recommended by the manufacturers of the plant, tools and vehicles.
Adjoining and Adjacent Property
1.8
The Contractor's attention is drawn to the fact that the adjoining and adjacent properties
are in constant use by the owners and occupiers.
1.9
The Contractor is to arrange and carry out the Works and take adequate and proper
precautions so as to cause no interference or interruption to the use of the adjoining and
adjacent properties, including roads, footpaths and other access and egress thereto by
the adjoining and adjacent owners and occupiers and the public and he shall conform to
all instructions or direction given by the Employers Representative/Engineer in this
regard.
2.0
In the event any works are required on any adjoining or adjacent property, the
Contractor shall first obtain the necessary permission from the adjoining owners and
occupiers in writing and forward to the Employers Representative/Engineer for his

approval.
2.1
In the event that it is necessary for any item of plant, machinery, or equipment to be
sited and/or operate on any adjoining or adjacent property, or involve rights of way, the
Contractor shall first obtain the necessary permission from such adjoining or adjacent
owners and occupiers and any legal licence required thereto in writing and forward to the
Employers Representative/Engineer for his approval.
2.2
The Contractor shall indemnify the Employer against any claim, action for damages
arising from works executed and/or plant, machinery, or equipment on adjoining or
adjacent properties. The Contractor shall ensure that the security of the adjoining and
adjacent properties will not in any way be compromised, or impaired due to works
carried out therein or the siteing of plant, machinery or equipment on such adjoining or
adjacent properties during the Contract Period.
2.3
The Employer will NOT be responsible for car parking requirements of the Contractor's
staff, workpeople, subcontractors etc. The Contractor will NOT be responsible or
required to provide car parking facilities for the Employer, Employers
Representative/Engineer, Quality Controller(s) and Inspector of Works/Diriginte De
Santier.
Maintenance of Existing buildings etc.
2.4
Before starting the works, the Contractor has to produce an inventory of fixtures of all
the existing adjoining buildings and landscaping. This inventory of fixtures has to be
approved by the owners of the existing adjoining buildings / landscaping and the
Contractor.
2.5
The Contractor shall protect and uphold the existing adjoining and/or adjacent structures
etc. during the Contract Period as required.
2.6
The Contractor shall make good at his own expense any damage to the existing
adjoining or adjacent structures to the site caused in the execution of the Works.
Permitted Loading on the Structure
2.7
The Contractor's attention is drawn to the maximum permissible live loads on the
structure stated in the Architectural and Structural Engineer's Specification. At no time
during the Contract Period shall the Contractor allow the superimposed load of any
materials, goods, rubbish, debris etc. on floor or roof slabs/areas to exceed the
loading(s) stated.
Maintenance of Roads, Footpaths, etc.
2.8
The Contractor shall uphold and maintain public and private roads, bridges footpaths
etc., and keep the approaches to the site and roads adjoining the site clear of mud and
other debris.
2.9
The Contractor shall make good at his own expense and to the satisfaction of the
Employers Representative/Engineer and the relevant Statutory and/or Local Authority
any damage to roads, bridges, footpaths, rights or way etc., including services, drains
and sewers in the execution of the Works by him.
Maintenance of Services
3.0
The Contractor shall protect, uphold and maintain all public water, gas and other mains
or power services, communication cables, drains, sewers etc., and give all necessary
notice etc., to the Statutory Authorities. The Contractor should be aware that as part of
the scope of the Works, all services to the adjoining and adjacent buildings must be
maintained at all times.
3.1
The Contractor shall make good at his own expense and to the satisfaction of the
Employers Representative/Engineer, any damage to public water, gas main and other
mains or power services, communication cables, drains, sewers etc., caused in the
execution of the Works provided such damage is due to the omission, default or
negligence of the Contractor or his subcontractors.
Security
3.2
The Contractor shall safeguard the Works. Materials, goods, plant and equipment,
against damage, theft etc., and include for all necessary watching and lighting for the
security of the Works and the protection of the public and the Employer.
Disposal of Waste/Rubbish from Site
3.3
The contractor shall remove waste, rubbish, debris etc., from the site daily and as
necessary and keep the Works clean and tidy throughout the Contract Period to the
satisfaction of the Employers Representative/Engineer.
Protection of Work
3.4
The Contractor shall provide protective casings and coverings as required. Works, which
are liable to damage, shall be properly protected and cased up as necessary. The
Contractor shall accept responsibility for any damage to the Works including the works
of his Subcontractors, Suppliers and Statutory Authorities and to the works of others
directly engaged by the Employer however caused and pay all costs and expenses in
taking down such damaged works and re-executing or otherwise making good or
replacing to the satisfaction of the Employers Representative/Engineer.
3.5
The Contractor shall anticipate the arrival of and protect all materials, goods, and work
from being damaged by any weather condition. The Contractor shall accept
responsibility for all materials, goods and/or work damaged or soiled by weather
including the materials, goods and/or work of his subcontractors and suppliers and the
work of others directly engaged by the Employer and pay all costs and expenses in
taking down and re-executing or otherwise making good or replacing to the satisfaction
of the Employers Representative/Engineer.
3.6
The Contractor shall maintain, whenever practicable, continuity of the works and
productivity thereto, during all types of weather condition.
Special Safety and Security Measures
3.7
The Contractor should note that special safety and security measures will be required in
the site with regard to the prevention of unauthorised entry to any areas with especial
reference to those areas handed back to the Employer in the Phased/Sectional
Completion. The Contractor is to ensure that special measures are operable at all times
and that the use of warning notices and non-physical barriers will not be sufficient or
acceptable.
3.8
The Contractor is to allow for any additional lighting required to ensure that adequate
safety to all persons within the confines of the site area during normal working hours and
any other periods whilst works are in progress.
Disposal of Waste/Rubbish etc. from the Site
3.9
The Contractor is advised that no water is to be discharged in to any of the building's

disposal systems, drains, water courses whether existing or constructed under this
contract on or adjacent to the site without full compliance with all Statutory and Local
Authority Regulations.
4.0
The Contractor requires the written approval of the Employers Representative/Engineer

before any such disposal discharge takes place.
4.1
The Contractor will note that the disposal of waste shall be agreed with the Employers
Representative/Engineer with regards to routing and timing with preference given to
those times outside the normal peak business/working hours.
Damage to the Works
4.2
The Contractor will be responsible in that any work carried out by any Subcontractor,
Local or Statutory Authority employed by him under the Contract that is damaged by
others or by himself, he will be required to make good such damage at his own expense
and to the satisfaction of the Employers Representative/Engineer.
4.3
It is the Contractor's responsibility to ensure that the work of any person employed direct
by the Employer, is not damaged by himself or by any of his Subcontractors, Local pr
Statutory Authorities employed by him under the Contract and if such damage occurs he
will be required to make good same at his own expense to the satisfaction of the
A.10
EMPLOYER'S
REQUIREMENTS:
METHOD/SEQUENCE/TIMING
SPECIFIC
LIMITATIONS
ON
Sequence of Construction
0.1
Except as otherwise described in the Contract Documents, the sequence of construction

will be at the Contractor's discretion subject to the agreed Project Works Programme.
The proposed sequencing is to be as agreed with the Employers
Access/Hoist Restrictions
0.2
Hoisting can be permitted on the site for the use of carrying and distributing materials or
goods and will be provided and maintained by the Contractor. The Contractor must
ensure that the hoist installation causes no disturbance or damage to the Building
structure and be to the approval of the Employers Representative/Engineer.
The Contractor will note that NONE of the permanent lifts can be used by him for the
transportation of workpeople, materials, goods etc. related to the construction of the
works and any such misuse by the Contractor will be subject to a fine of 5,000.00 (Five
Thousand Euro) per reported incident.
Access and Egress to and from the Site
0.3
Proposal for access to and egress from the site is to be submitted by the Contractor to
the Employers Representative/Engineer for approval and be so formatted to cause
minimal impact on the Works and adjoining or adjacent buildings and structures.
0.4
The Contractor's compliance with traffic and other regulations with regard to the access
to and egress from the site is deemed to be included in his tender price.
Restrictions on Site Usage
0.5
The Contractor will confine his operations to the site area as defined on the Contract
Drawings and other such areas as the Employers Representative/Engineer may
approve or specifically so direct in writing.
0.6
The Contractor shall not use the site for any purpose other than that of carrying out the
Works.
0.7
The Contractor shall be deemed to have made due allowance in his tender price for local
conditions, the nature and accessibility of the site, the nature and extent of the
operations. Storage areas for materials and goods etc., for himself, his subcontractors,
and the Client's directly ordered items and be inclusive or all additional handling and
transportation.
Rights to Refuse Admission by Employer, or Employers Representative/Engineer
0.8
The Employer, and Employers Representative/Engineer reserve the right to refuse

admittance to the site or evict from the site any person suspected or found to be under
the influence of intoxicating liquor and/or drugs.
0.9
The Employer, and Employers Representative/Engineer reserve the right to request the
removal of any of the Contractor's staff or workpeople should they prove to be disruptive
to the Works taking into account the legal obligations of the Contractor as their
employer.
Limitation of Working Hours
1.0
The Contractor shall be deemed to have allowed for the strict observance of any
restrictions on working hours, including material delivery times, imposed by any statutory
or other authority.
1.1
Where the working of overtime is made a condition of employment in any particular

trade, no claim to the Employer for extra reimbursement will be allowed under this
heading. The Contractor is deemed to have included for any necessary overtime working
to meet the agreed Completion date(s).
1.2
The Contractor will be responsible and include within his tender for the cost of all
necessary supervision during overtime working.
Restricted Deliveries
1.3
The Contractor shall allow for the compliance with any restrictions imposed by the Police
and any other relevant Authority with regard to plant deliveries and/or removals, and
materials and goods deliveries including provision for any consequential additional costs
and the obtaining of the necessary permits and permissions from the Local and Statutory
Authorities etc.
Publicity - Media Relations
1.4
NO information concerning this Contract will be released by the Contractor to any person
or organisation except to such persons and organisations and to such extent as may be
necessary for the performance of the Contract, without the prior written consent and
approval of the Employer. The Contractor is advised the above restriction is also
applicable to any advertising copy and promotional brochures for his company's own
purposes or trade publications.
1.5
In the event of any occurrence on site e.g. accident, structure collapse etc., which
attracts the attention of the media, the Contractor shall issue no statement to such third
parties and refer any such request or demand of the media to the Employers
Representative/Engineer for further action.
Security
1.6
The Contractor shall provide for safeguarding the works, materials, goods and plant
against damage, and theft etc. and include for the provision of all necessary watching
and lighting for the security of the Works and the protection of the public. The Contractor
shall provide any required shelter and heating for any watchman as necessary.
1.7
The Contractor shall ensure at all times that NO access to the site shall be possible to
trespassers and unauthorised persons.
1.8
The Contractor shall upon any partial/sectional possession of the Works by the
Employers, provide for and implement and thereafter maintain a 'permit to work' system
within any areas so occupied by the Employer.
A.11
EMPLOYER'S REQUIREMENTS : FACILITIES/TEMPORARY WORKS/SERVICES

Temporary Services
0.1
The Contractor shall provide, maintain, including taking down and re-erecting from time
to time as necessary) clear away and make good the following temporary buildings for
the duration of the Contract Period :(a) Accommodation for meetings and the use of the Employer etc. with furniture and
equipment suitable for 15 people.
(b) Office accommodation of FIFTEEN 20 square meters for the Employers
Representative /Engineer, complete with ALL furniture and equipment including 4
desks and chairs. 1 scanner A3 and 1 network b/w printer A3/A4.
(c) Office accommodation of FIFTEEN 20 square meters for the Quality Controller and
Diriginte De Santier complete with furniture including 3 desks and chairs. 1 scanner
A3 and 1 network b/w printer A3/A4.
all connected within a wireless local area network, with permanent broadband
connection to the internet.
(d) Toilet accommodation for the above.
(e) Telephone and Fax installations including the cost of calls rental, installation,
removal, and the provision of consumables etc.
(f) Cleaning and Servicing of the accommodation stated above including all
consumables necessary.
(g) All heating, cooling and lighting to accommodation listed above as required.
0.2
The Contractor shall provide access for the Employers Representative/Engineer to any
office equipment and/or services on site in the offices of the Contractor including fax and
photocopier machines if requested and the Contractor will allow in his Tender for any
costs to be so incurred.
0.3
The Contractor is to obtain the Employers Representative/Engineer's written approval to

his proposed location(s) for all temporary accommodation fabrication areas and material
storage areas.
Temporary Fencing, Screens and Hoardings
0.4
The Contractor shall erect and take down (including taking down and re-erecting from
time to time as necessary), clear away and make good to all temporary fencing, screens
and hoardings, planked footways, guard rails, gantries and the like, as may be
necessary for the protection of the public and the adjoining and adjacent properties to
the site and the owners and occupiers to the satisfaction of the Employers
Representative/Engineer and for meeting the requirements of any Local or other
authority and for the proper execution of the Works.
Scaffolding
0.5
The Contractor shall provide all necessary scaffolding for the proper execution and
completion of the Works. In the event the Contractor should strike any part of this
scaffold before ascertaining whether it is required by one of his subcontractors or Local
or Statutory Authority, he must re-erect it, if so required at his own expense.
0.6
The Contractor shall allow for the provision of "Monoflex" netting or similar and approved
to the scaffolding. The scaffolding shall be kept clean and clear of obstacles, debris etc.,
on a regular basis whilst ensuring compliance with statutory restrictions on dust control
etc.
0.7
All scaffolding must be subject of the detailed provisions of the Construction Safety Plan.
0.8
The Contractor's attention is drawn to the noise limitations in relation to the erection and
dismantling of scaffolding.
Name/Sign Board (Illuminated)
0.9
The Contractor shall provide within three (3) weeks of the Contract Commencement date
a name/sign board approximately 3.00 metres high x 4.5 metres long to display the title
of the project and the architectural perspective, the names of the Employer, Employers
Representative/Engineer, Quality Controllers, Employers Design Consultant Diriginte De
Santier, and the Contractor, with illumination using a minimum of two 500w lights and
thereafter maintain and subsequently remove when so instructed by the Employers
1.0
The Contractor shall obtain the Employers Representative/Engineer's approval to the

name/sign board prior to fabrication and installation and ensure that such sign is
properly and adequately lit during the hours of darkness.
1.1
The location of the name/sign board will be subject to the approval of the Employer.
1.2
The Contractor shall allow for the collection and return of standard Consultants name
board except in those circumstances where they are delivered to the Contractor and/or
are on flexible plastic sheet with an adhesive surface on the rear surface.
1.3
The Contractor is advised that no other advertisements or trade signs will be permitted
on the name/sign board.
Contractor's Plant and Equipment
1.4
The Contractors shall provide all the construction plant and equipment including hoists,
personnel lifts, skips, temporary works, transport of such plant and equipment to and
from site as required to complete the Works.
1.5
In the event of the determination of the Contractor under the Contract, the Employer will
be entitled to be assigned all or part of the Contractor's Plant and Equipment that has
been hired from others. The Contractor is therefore required to ensure that all such hire
agreements contain provision in that the plant and/or equipment owner thereof, on
request of the Employer within seven (7) days after the date of such determination has
become effective and on the Employer undertaking to pay all hire charges in respect
thereof from such date, shall hire such equipment to the Employer on the same terms
and conditions as the same was hired to the Contractor, save that the Employer shall be
entitled to permit use thereof by other Contractor (s) employed by him for the purpose of
executing and completing the Contract Works and remedying the defects therein.
1.6
If the Contractor fails to remove within twenty eight (28) days after the issue of the Take
Over/Completion Certificate, any remaining Contractor's Equipment, surplus material,
wreckage, rubbish and/or Temporary Works, the Employer may sell or otherwise
dispose of such item(s). The Employer shall be entitled to retain, from the proceeds of
any such sale, a sum sufficient to meet the cost incurred in connection with the sale or
disposal and in restoring the site. Any balance of the proceeds shall be paid or credited
to the Contractor.
In the event the proceeds of the sale are insufficient to meet the Employer's costs
thereof, the outstanding debt balance shall be paid to the Employer by the Contractor
upon receipt of an invoice therefore, accompanied by reasonable supporting
documentation.
Supervision and Inspection
1.7
The Contractor shall provide facilities and necessary equipment for the inspection of the
Works by the Employers Representative/Engineer, at all times and prior to the issue of
the "Certificate of Completion of Making Good Defects".
Safety, Health and Welfare
1.8
The Contractor shall provide all necessary protective clothing including safety helmets
and boots with steel sole and cap protection for the use of the Employers
Representative/Engineer, Quality Controller and Diriginte de Santier and any other
required item of safety equipment required by the aforesaid in the execution of their
duties on site.
1.9
The Contractor shall provide suitable safety, health, and welfare measures and
amenities to comply with the current Romanian Statutory Regulations and the Welfare
Conditions.
Temperature and Humidity Levels in Building during installation of Finishes etc.
2.0
The Contractor shall maintain an even temperature and humidity in the building during
the installation of finishes with especial reference to internal wallboard partition
wallboard partition, wallboard linings, suspended ceiling and doors and is to submit his
scheme for so doing for the approval of the Employers Representative/Engineer. All
drying, shrinkage, warping, splitting etc., of the materials and goods incorporated in the
permanent works shall be prevented by such a scheme and the Contractor will be
responsible for making good any damage by his failing to comply with this requirement.
2.1
The Contractor shall provide all temporary screenings to openings etc., required for
drying and controlling the humidity of the Works in an efficient manner.
2.2
The Contractor shall dry out the Works, maintain an adequate temperature and control
the humidity levels in all parts of the Works as necessary to facilitate the progress and
satisfactory completion of the Works including hat of the subcontractors and other
directly engaged by the Employer.
2.3
The drying out and humidity of the Works and the application of heat shall be so
controlled as to prevent an excessive movement, blistering, or failure of adhesion and
obviate any damage due to trapped moisture or other causes. The Contractor shall
provide a control system for whatever method of drying is adopted and approved to limit
the temperature and humidity range and the necessary monitoring equipment.
2.4
The Contractor shall allow for all costs in connection with drying and controlling the
humidity of the Works.
Temporary Telephones
2.5
The Contractor shall install his own telephone and facsimile facilities which shall be
made available to the Employers Representative/Engineer, Quality Controller and
Diriginte De Santier on request and will allow for the cost of all calls, rental etc., and
including installation, removals etc. for all such equipment.
Lighting and Power for the Works
2.6
The Contractor shall provide adequate lighting to hoardings etc.
2.7
The Contractor shall provide lighting to the internal surface during the application and
installation of finishing work and for inspection to an illumination level not less than that
provided by the permanent installation.
2.8
The Contractor will NOT be permitted to use the permanent lighting and power
installation for his own use other than for testing and commissioning of the Service
Installations.
Temporary Works Generally
2.9
The Contractor shall allow for all necessary temporary works, maintaining, adapting,
clearing away and making good.
2.10
The Contractor shall submit to the Employers Representative/Engineer all calculations

and details in connection with temporary works for comment and the Contractor shall
allow reasonable time from the date of receipt by the Employers
Representative/Engineer for his response.
Dayworks
2.11
Dayworks shall only be executed with the written permission/instruction of the

Employers Representative/Engineer. For variations that cannot be measured and
valued at rates stated in the Schedule of Works or where such rates cannot provide a
reasonable basis for so valuing variations, then and only then shall the Employers
Representative/Engineer issue written permission/instruction after consultation with the
Employers Representative/Engineer. Where such authority is given for dayworks, the
Contractor shall submit original vouchers giving the fullest particulars of hours worked,
names of tradesmen and labourers, rates of wages paid, description of work executed,
materials, goods, services and plant used. The daywork claim will be from Saturday to
Friday and submitted to the Employers Representative/Engineer on or before the Friday
of the following week in which the daywork was executed.
2.12 All daywork sheets are to be signed by the Contractor's Site Representative and the
Employers Representative/Engineer. Such signatures are only to be taken as certifying
that the content with regard to nomenclature, time and quality is correct and shall not be
held to justify a claim that such work will be so charged or that it cannot be measured
and priced in accordance with the terms of the Contract.
A.12
EMPLOYER'S REQUIREMENTS : OPERATION & MAINTENANCE OF THE FINISHED

BUILDING
Operation and Maintenance Manuals
0.1
In the event that the issue of the Operation and Maintenance Manuals are delayed
beyond the issue of the Practical Completion of the Works, such failure will be
considered as within the definition of substantial part of the works and shall result in the
application of damages for non-completion of the Works by the due contractual date.
A.13
EMPLOYER'S REQUIREMENTS: GENERAL

CONTRACTOR'S GENERAL COST ITEMS
Generally
0.1
The Employer's Preliminaries/General Conditions are set out in the preceding parts. The
Contractor is deemed to have allowed in such parts for all Management and Staff, Site
Accommodation, Services and Facilities, Mechanical Plant and Equipment, Temporary
Works for his general cost, which are not priced or included elsewhere.
0.2
The headings and lists of item given for the Contractor's convenience of costing and are
not intended to be exhaustive.
0.3
Any error by the Contractor shall be corrected at the Contractor's sole cost
0.4
In no event shall the Contract Price be adjusted as the result of fluctuations in any
currency exchange rates. Unless otherwise instructed the Contract Price shall be
expressed in Euros.
0.5
The Contractor may at any time submit to the Employers Representative/Engineer a

written proposal that in the Contractor's opinion will reduce the cost of constructing,
maintaining or operating the works, or improve the efficiency vale to the Employer. Any
such proposal shall be prepared at the cost of the Contractor and shall conform to the
Contract variation procedures if approved and instructed to be implemented by the
0.6
The fact that one or any part of the provision of this Contract is declared invalid or
unenforceable by any properly constituted Legal or Arbitration Court whatsoever, shall in
no way affect the validity or the enforceability of the remaining provisions of the Contract.
CONTRACTOR'S GENERAL COST ITEMS : MANAGEMENT AND STAFF
Management and Staff
0.7
The Contractor to include details of the Management and Staff hereunder including
management, supervision, engineering, planning and programming, production,
document control, safety, quality control, and other support staff.
WORKS/MATERIAL etc. BY THE EMPLOYER
0.8
The following Works are not included in the Scope of Works of this Contract and will be
executed by the Employer contemporaneously with this Contract : NOT APPLICABLE

Romcab - Acatari - P2 - Appendix To Tender - Nr2 - Employer's Requirements

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Romcab - Acatari - P2 - Appendix To Tender - Nr2 - Employer's Requirements

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Romcab Acatari

Jud. Mures, Romania

Phase Two - For the extension and diversification of the production of

Conditions of Contract for Plant and Design-Build for Electrical and

THE SITE / EXISTING BUILDINGS

EMPLOYER'S REQUIREMENTS : TENDERING/SUB-LETTING/SUPPLY

all necessary information to demonstrate that he has allocated or will

all necessary information to demonstrate his competence to complete any

Words importing MALE gender also include all other genders

EMPLOYERS REQUIREMENTS: PRELIMINARIES PROVISION, CONTENT AND

The Contractor shall request additional information from the Employers

If the submitted drawings/production information differs from the requirements of the

The Contractor is to ensure that all Drawings/Production Information submissions

Drawings fully co-ordinated with the Contract Drawings

Product Samples and Mock-Ups

As and when requested by the Employers Representative/Engineer, the Contractor shall

Samples shall then be subject to the Employer's and Employers

The Contractor must obtain the Employers Representative/Engineer's written

The Contractor shall provide mock-up as required by the Employers

The decisions of the Employers Representative/Engineer shall be final and binding as to

EMPLOYER'S REQUIREMENTS: MANAGEMENT OF THE WORKS

The Contractor shall provide adequate (English speaking) replacement supervisory

If the Contractor is registered with a recognised QAA company and is operating an

Project Executive/Client Meeting

The Contractor must also indicate, in consultation with the Employers

The Contractor shall advise the Employers Representative/Engineer of any actual or

The Contractor shall on being instructed by the Employers Representative/Engineer,

The Contractor shall prepare and submit the following information :

Programme and Actual Progress to date with comments

All project related correspondence is to be conducted in the Romanian and

The Contractor shall prepare and submit to the Employers Representative/Engineer no

To assist in the preparation of interim valuation under Clause 14 of the Conditions of

The Contractor shall give reasonable notice to the Employers Representative/Engineer

All instructions and variation orders shall be issued by the Employers

An order/instruction of additional cost and/or programme implication of any variation

Tax Clearance Certificate (Foreign Contractors, Subcontractors etc.)

Prior to the award of any Contract or Sub-Contract, the Contractor or Sub-Contractor

The Employers Representative/Engineer shall not issue a Certificate of Partial

The Contractor will agree with the Employers Representative/Engineer on the

The Contractor will provide cost information to the Employers Representative/Engineer

The Contractor shall report to the Employers Representative/Engineer as stated and

The Contractor will submit any recommendations to the Employers

The Contractor in co-ordination with the Employers Representative/Engineer shall

The Contractor will establish communication and consult with :(a)

The Contractor shall in conjunction with the Employers Representative/Engineer

CONTRACTOR'S GENERAL START : MANAGEMENT ON SITE

CONTRACTOR'S GENERAL POST - START : MANAGEMENT ON SITE

The Contractor shall assist the Employers Representative/Engineer in the preparation of

The Contractor shall supervise the Works as required by the Contract.

THE BUILDING MANUAL PART 1 - GENERAL

full description of the building

EMPLOYER'S REQUIREMENTS: QUALITY STANDARDS/CONTROL

Materials and/or goods where described to be obtained from a particular manufacturer,

EMPLOYER'S REQUIREMENTS: SECURITY/SAFETY/PROTECTION

The Contractor is to liase with the Employers Representative/Engineer and the

Provision of First Aid Equipment

occupiers in writing and forward to the Employers Representative/Engineer for his

The Contractor is advised that no water is to be discharged in to any of the building's

The Contractor requires the written approval of the Employers Representative/Engineer

Except as otherwise described in the Contract Documents, the sequence of construction

The Employer, and Employers Representative/Engineer reserve the right to refuse

Where the working of overtime is made a condition of employment in any particular