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CONTRACT ADMINISTRATIONCONTRACT ADMINISTRATION
MINISTRY OF PUBLIC WORKSDirectorate General of Highways
EINRIP ‐What’s New EINRIP What s New
1. Emphasis is given to improved procedures for implementation
5. A Disputes Board should be established for every contract even procedures for implementation,
supervision, accountability and oversight
2. Designs have been completed using a new Design Specification and are
established for every contract, even if there are no disputes. It will be funded 50% by the Employer and 50% by the Contractor (see Section 8.3.10).a new Design Specification and are
not subject to design review (see Section 3.3).
3. Bidding Documents have been revised, based on FIDIC
3 )6. Independent auditorswill be
appointed for technical and financial audit (see Section 8.1.5)
7. The GOI contribution is set in the ,international General Conditions of Contract (see Section 5.1.1).
4. The Supervision Consultant will act as the Engineer for the civil works
( i 8 )
7Loan Agreement as a fixed amount, and the PMM establishes the initial percentage shares of various activities to achieve the GOI contribution (see Section 9 1 2)contract (see Section 8.1.4). contribution (see Section 9.1.2)
FIDICFIDICFIDICFIDICCONDITION OF CONTRACTCONDITION OF CONTRACTCONDITION OF CONTRACTCONDITION OF CONTRACT
FOR CONSTRUCTIONFOR CONSTRUCTIONGENERAL CONDITIONGENERAL CONDITIONGENERAL CONDITIONGENERAL CONDITION
MULTILATERAL DEVELOPMENT BANK HARMONISED EDITION MARCH 2006
1.4 Law and Language1.4 Law and Language
G i L Th l f h R bli f I d iGoverning Law 1.4 The law of the Republic of Indonesia.
Ruling language 1.4 English.
Language for 1.4 English.g gcommunications
4 g
cate
TYPICAL SEQUENCE OF PRINCIPAL EVENTS DURING CONTRACT FOR CONSTRUCTION
yy
t Dat
e
ccep
tanc
e
cum
ents
rman
ce C
ertif
i
ke O
ver
eten
tion
Mon
ey
eten
tion
Mon
ey
men
t
[1st
half]
[2nd
half]
t Agr
eem
ent
ence
thr w
orks
8.2 Time for omm
ence
men
8.7 Delay atributable of
Let
ter o
f Ac
Defects ubm
issi
on
date
of T
ende
r Do c
ssue
of P
erfo
r
Inte
nded
Tak
Out
Paym
ent o
f Re
Paym
ent o
f Re
ontr
act A
gree
m
d th
e C
ontr
act
ctio
n to
com
me
Completion8.
1 C
o
etio
n
to the Contractor
ficat
e
ity
Issu
e
e ectsNotification
Period
curit
y
Bid
Su
Bas
e
Issu
e
28d <28d <21d
11.9
Is
ontr
act C
lose
O
14.9
P
14.9
P
1.6
Co
ents
n men
t 365 d
Rec
orIn
stru
c
on
PCM
sts
on C
ompl
e
ng O
ver C
ertif
rman
ce S
ecur
rfor
man
ce S
ec Co
cial
Arr
ange
m
Site
pos
sesi
onA
dvan
ce P
aym
t at C
ompl
etio
84d
9.1
Tes
Issu
e of
Tak
in
ssue
of P
erfo
r
2 R
etur
n of
Per
Contract Period
ploy
er’s
Fin
ancS A
4.10
Sta
tem
en
10.1
4.2
Is
4.2
Emp
4.2 Validity Period of Performance Security 28d
14
4.2 Performance Security• a PS for proper performance:
– an Unconditional Bank Guaranteeten (10) percent of the Contract
• Form of PS:– Option 1: with following the
rules of ICC No.458O ti 2 ith li i hi g th – ten (10) percent of the Contract
Price– Shall be submitted within 28
days after receiving the Letter of Acceptance
– Option 2: with relinquishing the Clause 1832 of Indonesian Civil Law
• until the PS has been received:h l i hh ldof Acceptance,
– a copy to the Engineer. • Validity Period, until 28 days after
the issue of Performance Certificate• Shall be returned within 21 days
– the Employer may withhold Right of Access to the Site(Clause 2.1)
– No payment (Clause 14.2; 14.6 and 14 7)• Shall be returned within 21 days
after receiving a copy of the Performance Certificate.
• The amount changes as the contract amount change
and 14.7)• Termination by Employer
(Clause 15.2)– After termination, the Employer amount change may encash the full amount of
the Performance Security and complete the Works and/or arrange for any other entities to do sodo so
SPEC. DIVISION 1 ‐ GENERALPre Constr ction Meeting
• Contractor’s Work Plan, includes:
Pre‐Construction Meeting – Outline Construction Schedule indicating the timing and sequence of the principal activities comprising the Works
PCM harus dilaksanakan dalam waktu 14 hari setelah kontrak ditandatangani
Contents:• Introduction• Exchange Organization Charts
– Mobilization Plan– Public Utilities Relocation Plan– Health and Safety Plan– Quality Plan
g
Exchange Organization Charts– Employer’s Organization – Contractor’s Organization– Engineer’s Organization
Quality Plan– Traffic Management and Safety
Plan– Environmental and Social
Safeguards• Site Issues, for example:
– Right of Way– Sources of Materials– Location of Base Camp
Safeguards• Engineer’s Quality Assurance
Plan• Employer’s Audit Plan
– Location of Base Camp• Permits • Submittals • Final Construction Documents
• Communication and correspondence
• Coordination meetings, schedule and frequency
• Phasing and Milestonesschedule and frequency
• Reporting and monitoring
Ps 8.1 Tanggal Mulai Kerja (Commencement Date)gg j ( )• Tanggal Mulai Kerja , yaitu tanggal dimana kejadian‐
kejadian berikut telah dipenuhi dan perintah DireksiPekerjaan untuk membuat rekaman surat perjanjianen
t Dat
e
tanc
e
t gree
men
tce
thr w
orks
kedua belah Pihak dan untuk memulai Pekerjaanditerima oleh Kontraktor :– tanda tangan Perjanjian Kontrak oleh kedua
belah Pihakmm
ence
me
Lette
r of A
ccep
t
ract
Agr
eem
ent
the
Con
trac
t Ag
on to
com
men
c
belah Pihak– penyerahan Rencana Keuangan Pemilik– penyerahan Lapangan dan perijinan kepada
Kontraktor
8.1
Com
y
Issu
e of
L
<28d
1.6
Con
t
tson ntR
ecor
d t
Inst
ruct
i
PC
M
<14d Kontraktor– Telah diterimanya pembayaran Uang Muka oleh
Kontraktor• Jika perintah Direksi Pekerjaan tidak diterimam
ance
Sec
urity
al A
rran
gem
ent
Site
pos
sesi
odv
ance
Pay
men<14d
pe e e e j d d eKontraktor dalam 180 hari sejak tanggal SuratPenunjukan, Kontraktor mempunyai hak untukmemutus Kontrak menurut Ayat 16.2
ssue
of P
erfo
rm
loye
r’s F
inan
cia
Ad
4.2
I
Empl
Civil works shall not commence until the RSC is mobilised and a CSE has been appointed as the Engineer’s Assistant.
Employer’s Financial Arrangements
• The Employer shall ensure the gree
men
t
ce th
e w
orks
Contractor that a special budget for the works is allocated.
ent D
ate
gree
men
t
a C
ontr
act A
g
to c
omm
enc
omm
ence
me
Con
trac
t Ag
Rec
ord
tha
Inst
ruct
ion
Means of evidence:
8.1
Co
1.6
s Fi
nanc
ial
ange
men
ts
poss
essi
once
Pay
men
t •DIPA•Loan Agreement•NOL Disbursement•Special Account
Empl
oyer
’A
rra
Site
pA
dvan
c
8.2 Waktu Penyelesaian Pekerjaan(Ti f C l i )(Time for Completion)
• Sebelumnya dikenal dengan Construction Period
• Untuk setiap kontrak, Waktu Penyelesaian Pekerjaan ditetapkan pada Bagian 3, Data Kontrak sub clause 1 1 3 3
8.7 Delay t ib t bl t
Lihat Data Kontrak sub-clause 1.1.3.3
Kontrak sub‐clause 1.1.3.38.2 Time for Completion
atributable to the Contractor
1.1.3.3“Time for Completion” means the timefor completing the Works or a Section (asth b ) d S b Cl 8 [Ti
men
t Dat
e
ompl
etio
n
Take
Ove
r the case may be) under Sub‐Clause 8.2 [Timefor Completion], as stated in the ContractData (with any extension under Sub‐Clause8.4 [Extension of Time for Completion]),
Com
men
ce
1 Te
sts
on C
Inte
nded
T
Time for Completion 1.1.3.3 ______ days
4 [ p ]),calculated from the Commencement Date.
8.1 9.1
8.7 Delay Damages
• If the Contractor fails to comply with Sub‐Clause 8.2 [Time for Completion] D
ate
Completion]– One tent of one percent (0.10 %) of
the Contract Price per day– Elapse between the relevant Time en
cem
ent D
buta
ble
to
r er
tific
ate
Take
Ove
r
pfor Completion and the date stated in the Taking‐Over Certificate
– Maximum 10% of the final Contract Price
8.2 Time for Completion
8.1
Com
m
7 D
elay
atr
ibe
Con
trac
tor
ing
Ove
r Ce
Inte
nded
T
Price. • These delay damages shall be the
only damages due from the Contractor for such default, other
Completion 8.7
the
Issu
e of
Tak
than in the event of termination under Sub‐Clause 15.2 [Termination by Employer] prior to completion of the Works
10.1
I
the Works.
9. Tests on Completion• 1.1.3.4“Tests on Completion” means
the tests which are specified in the Contract or agreed by both Parties i t t d V i ti d or instructed as a Variation, and
which are carried out under Clause 9 [Tests on Completion] before the Works or a Section (as the case may
8.2 Time for Completion
8.7 Delay atributable to the Contractor
( ybe) are taken over by the Employer.
• 4.1 Contractor’s General Obligations
9.1 Tests on Completion
– prior to the commencement of the Tests on Completion, the Contractor shall submit to the Engineer the “as‐built” En
gine
er
dy to
car
ry o
ut
plet
ion
Engineer the as built documents
• 8.2 Time for Completion– The Contractor shall complete N
otic
e to
the
E
Con
tract
or re
aTe
sts
on C
omp
pthe whole of the Works…. Including achieving the passing of the Tests on Completion
SPEC DIVISION 1 ‐ GENERAL
Tests on Completion
• An evaluation of all as‐built documents and show that all completed works comply with Tests on Completioncompleted works comply with the work requirements and all Non‐Conformance Reports (NCRs) are resolved.
• Submission of written Th E gi ill l t th • Submission of written Engineer’s instructions and/or approval where the as‐built documents depart from the work requirements
• The Engineer will evaluate the Engineer’s QA documentations supplemented with Contractor’s Documents to ensure that all work requirements.
• Checking on the overall performance of the final works completed showing compliance ith th E l ’ ll
completed works comply with the work requirements and all Non‐Conformance Reports (NCRs) are resolvedwith the Employer’s overall
requirements or the intention of the design/drawings, e.g. dimensions, levels, functions
h t f
(NCRs) are resolved.• Tests on Completion shall assure
the readiness of the Works to be taken over by the Employer for
such as pavement surface roughness, water flows, etc.
• Minimum random sampling for testing if required.
y p ypublic use.
g q
10.1 Taking Over of the Works and Sections10.1 Taking Over of the Works and Sections
th W k h b l t d
The Works shall be taken over by the Employer when:
1. the Works have been completedin accordance with the Contract, including the matters described in Sub‐Clause 8.2 [Time for [Completion] and except as allowed in sub‐paragraph (a) below, and
ki O C ifi f h2. a Taking‐Over Certificate for the Works has been issued, or is deemed to have been issued in accordance with this Sub‐Clause
17.2 Contractor’s Care of the Works17.2 Contractor s Care of the Works• The Contractor shall take full
responsibility for the care of the Works from the Commencement Date until the Taking‐Over
• The Contractor shall be liable for any loss or damage caused by any actions performed by the Contractor after a Taking‐Over Date until the Taking‐Over
Certificate is issued for the Works, when responsibility for the care of the Works shall pass to the Employer.
Contractor after a Taking‐Over Certificate has been issued.
• The Contractor shall also be liablefor any loss or damage which occurs after a Taking‐Over Certificate has p y
• If a Taking‐Over Certificate is issued for any Section or part of the Works, responsibility for the care of the Section or part shall then pass to th E l
after a Taking Over Certificate has been issued and which arose from a previous event for which the Contractor was liable.
the Employer.• After responsibility has accordingly
passed to the Employer, the Contractor shall take responsibility for the care of any work which is for the care of any work which is outstanding on the date stated in a Taking‐Over Certificate, until this outstanding work has been completedp
CARE OF WORKS OR ROUTINE MAINTENANCE
yy
t Dat
e
cum
ents
ke O
ver
eten
tion
Mon
ey
eten
tion
Mon
ey
men
t
[1st
half]
[2nd
half]
8.2 Time for omm
ence
men
8.7 Delay atributable Defects ub
mis
sion
of T
ende
r Doc
Inte
nded
Tak
ent)
Paym
ent o
f Re
Paym
ent o
f Re
ontr
act A
gree
m
Completion8.
1 C
oto the Contractor
ficat
e
ity
e ectsNotification
Period
curit
y
Bid
Su
Issu
e
28d <28d <21d
ficat
e
ut (F
inal
Pay
me
14.9
P
14.9
P
1.6
Co
365 d
ng O
ver C
ertif
rman
ce S
ecur
rfor
man
ce S
ec
rman
ce C
ertif
ract
Clo
se O
uContractor’s responsibility
The Employer’s r responsibility The Employer’s r responsibility
Issu
e of
Tak
in
ssue
of P
erfo
r
2 R
etur
n of
Per
Issu
e of
Per
fo
Contract Period Con
t
10.1
4.2
Is
4.2
11.9
I
11. Defects Liability11. Defects Liability
l t k hi h i If d f t d g
During the Defect Notification Period the Contractor shall:
• complete any work which is outstanding on the date stated in a Taking‐Over Certificate, within such reasonable time as is
• If a defect appears or damage occurs, the Contractor shall be notified accordingly, by (or on behalf of) the Employer.
instructed by the Engineer, and• execute all work required to
remedy defects or damage, as b tifi d b ( b h lf
) p y
may be notified by (or on behalf of) the Employer on or before the expiry date of the Defects Notification Period for the Works or Section (as the case may be).
Performance CertificatePerformance Certificate• Performance of the Contractor’s
obligations shall not be considered to have been
• The Engineer shall issue the Performance Certificate
h d f h l fconsidered to have been completed until the Engineer has issued the Performance Certificate to
within 28 days after the latest of the expiry dates of the Defects Notification Periods, or as soon thereafter as the Contractor has Performance Certificate to
the Contractor, stating the date on which the Contractor completed his obligations under
thereafter as the Contractor has supplied all the Contractor’s Documents and completed and tested all the Works, including
d i g d f t the Contract. remedying any defects.
A copy of the Performance Certificate shall be issued to the Employer.
Only the Performance Certificate shall be deemed to constitute acceptance of the Works.
13.2 Value Engineering Change Proposal• The Contractor may, at
any time, submit to the Engineer a written
• Proposals must provide a lower cost or improved quality, or both without g
proposal which (in the Contractor’s opinion) shall, if adopted,
(i) l l i
q y,impairing essential functions and characteristics of the f ilit (i) accelerate completion,
(ii) reduce the cost to the Employer of executing, maintaining or operating the Works
facility. • A VECP includes the design
and construction of a structure including but not the Works,
(iii) improve the efficiency or value to the Employer of the completed Works, or
(i ) th i b f b fit
structure including but not limited to a bridge, retaining wall, concrete box culvert, earthworks (iv) otherwise be of benefit
to the Employer.box culvert, earthworks (slope or embankment), building
PAYMENTSAll payments are determined by measurement, and applying the rates and prices in a BoQ
men
t
<56dMonthly Interim Payments
Del
ayed
Pay
m
14.8 ……financing charges shall be the discount rate of the central bank
<28d
14.8
D
O)
Engineer verifies statement,
Contractorsubmits information
<28d <56d
Final Payment
<56derfo
rman
ce
viou
sly
FHO
<28d
14.11 Contractor submits draft final statement to
14.11 Contractorsubmits Final Statement and
<28d <56d
14.13 Engineer issues Final Payment
14.7 Employermakes the payment to the Contractor
<56d
9 Is
sue
of P
ert
ifica
te (p
rev <28d
final statement to the Engineer
Statement and the Discharge [14.12]
Payment Certificate
to the Contractor
11.9
Cer
The Statement shall include the following items, as applicable, which shall be expressed in the various currencies in which the Contract Price is payable, in the sequence listed:p y , q• the estimated contract value of
the Works executed and the Contractor’s Documents produced up to the end of the
• any amounts to be added for the advance payment and (if more than one instalment) and to be deducted for its repayments in accordance p p
month (including Variations but excluding items described in sub‐paragraphs (b) to (g) below);
• any amounts to be added and d d d f h i
p ywith Sub‐Clause 14.2 [Advance Payment];
• any amounts to be added and deducted for Plant and Materials in
d i h b ldeducted for changes in legislation and changes in cost, in accordance with Sub‐Clause 13.7 [Adjustments for Changes in Legislation] and Sub‐Clause 13 8
accordance with Sub‐Clause 14.5 [Plant and Materials intended for the Works];
• any other additions or deductions which may have become due under Legislation] and Sub Clause 13.8
[Adjustments for Changes in Cost];
• any amount to be deducted for retention, calculated by applying
which may have become due under the Contract or otherwise, including those under Clause 20 [Claims, Disputes and Arbitration]; and
• the deduction of amounts certified retention, calculated by applying the percentage of retention stated in the Contract Data to the total of the above amounts, until the amount so retained by the E l h th li it f
• the deduction of amounts certified in all previous Payment Certificates.
Employer reaches the limit of Retention Money (if any) stated in the Contract Data;
14.8 Late Payment
14.3 Contractor submit statement
14.6 Engineerissue Interim Payment
14.7 Employermakes the paymentsubmit statement
to the EngineerPayment Certificate
makes the payment to the Contractor
Paym
ent
14 8 financing charges shall be
<28d
<56dMonthly Interim Payments
4.8
Del
ayed
P 14.8 ……financing charges shall be the discount rate of the central bank
1
Contractor fails to comply with any obligation under
the contract
Engineer issue Notice to Correct (SC 15.1)
Contractor fails to comply with a Notice to Correct within a given time in the
notice
Contractor fails to comply with Performance Security (SC 4.2)
OR
the contract notice
Contractor abandons the works or showing no intention to continue performance of his obligations
E l i
OR
OR
Contractor fails to proceed the Works(Clause 8)
Contractor fails to comply with a Notice issued under SC 7.5 (Rejection) or SC 7 6 (R di l W k ) ithi 28 d
Employer issue a Notice
(14 days period)
Termination by Employer
OR
7.6 (Remedial Works) within 28 days
Contractor subcontracts the whole of the works or assigns the contract without the
required agreementTERMINATION BY EMPLOYER
OR
OR
Contractor becomes bankrupt
Corruption practice
immadiately
immadiately
OR
p p