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) temporary hoarding and screens to separate areas within the contract site and the site boundary,

(ii) signs giving suitable danger warnings as arising throughout the execution of the works,

(iii) signs of instruction and routes for the deliveries of materials, and,

(iv) 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) Electrical Power cables: according to the scheme design attached to the tender documents (b) Drainage and Sewerage Pipelines and manholes: according to the scheme design attached to the tender documents (c) Telecommunication cables etc.: according to the scheme design attached to the tender documents (d) Gas pipe supply: according to the scheme design attached to the tender documents

1.1 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. Drawings fully co-ordinated with the Contract Drawings 2. Builder's Work drawings 3. Installation drawings and schedules 4. Manufacture drawings 5. Record drawings and schedules 6. Operation and Maintenance Manuals 7. 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 REQUIREMENTS: PROVISION, CONTENT AND USE OF

DOCUMENTS

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 Sub-

Contractors, 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 co-

ordination 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 Sub-

Contractors 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 non-conformance(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 Employers Representative/Engineer.

(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 Sub-

Contractors, 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

Representative/Engineer.

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

Representative/Engineer.

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) Programme and Actual Progress to date with comments (b) Look Ahead Programme for the next month (c) Detailed Cost Statement including Final Account Projections (d) Material Delivery Schedule Status (e) Outstanding Information Required Status (f) 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) Preliminaries (b) Work executed by labour directly employed by him (c) Work executed by his Sub-Contractors (d) 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

Employers Representative/Engineer.

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 Sub-

Contractor 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

Employers Representative/Engineer.

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 Sub-

Contractors 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 pre-

ordered 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

Employers Representative/Engineer.

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) Planning Authorities (b) Fire Authorities (c) Environmental Authorities (d) 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) Critical Activities (b) Contracts and Materials where advance ordering is required (c) Information Requirements (d) Shop and Working Drawing production periods (e) Checking and Approvals activities (f) Prefabrication/Manufacture Periods (g) 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 Sub-

Contractors 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) full description of the building (b) details of all the Consultants and Designers (c) copies of all Consents and Approvals obtained (d) 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

Representative/Engineer.

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

Employers Representative/Engineer.

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

Representative/Engineer.

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

Representative/Engineer.

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 By-

Laws 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

Employers Representative/Engineer.

A.10 EMPLOYER'S REQUIREMENTS: SPECIFIC LIMITATIONS ON

METHOD/SEQUENCE/TIMING

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

Representative/Engineer.

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 Re