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207 viewsOman Standard Conditions
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SULTANATE OF OMAN
STANDARD DOCUMENTS
for
BUILDING
and
CIVIL ENGINEERING
WORKS
THIRD EDITION
JULY 498) SHORT DESCRIPTION OF WORKS ...................,
FORM OF TENDER
(Notes: - The Appendix forms part of the Tender. Tenderers are required to fill up all the blank spaces
in this Form of Tender and Appendix).
To: Pe ee Ee Pitas
Gentlemen,
1. Having examined the Instructions to Tenderers, Drawings, Standard Conditions of Contract,
Specification and Bill of Quantities for the execution of the above-named Works, we, the undecsigned,
offer to execute, complete and maintain the whole of the said Works in conformity with the said Inseus’
ons, Drawings, Standard Conditions of Contract, Specification, and Bill of Quantities Schedules of
Rates for the sum of Rials Omani... .. 0... ee tee ete eee ee
(RO... os. 12... +. .)or such other sum as may be ascertained in accordance with the seid
Conditions,
2 not G tndertake if our Tender is aovepted to cammence the Works within... .days of receipt of the
Engineer's order to commence, and to complete and deliver the whole of the Works campised in the
Contract within. .......... . . . dayscalculated from the last day of the afaresaid period in whish
the Works are to be commenced.
3. If our Tender is accepted we will obtain the guarantee of a locally registered Insurance Com-
pany or Bank (as required in the Sultanate of Oman Standard Conditions of Contract for Building and
Givi Engineering Works, Srd Edition) to be jointly and severally bound with us in the sum of 10 pec cont
of the Contract Value for the due performance of the Contract under the terms of a Performance Bond to
be approved by you.
4... fe puree to abide by this Tender for a period of 90 days from the date fixed for receiving the same
and it shall remain binding upon us and may be accepted at any time before the expiration of that period,
S. In the event of our Tender being accepted and until a formal Agreement is Prepared and executed
this Tender, together with your written acceptance thereof, shall constitute a binding obligation upon us
We understand that you are not bound to accept the lowest or any Tender you may receive,
7. We acknowledge receipt of the following circular leters
Referencenumber of letter Date
7 end confirm we have taken account thereof in our Tender
* Deleie where not applicable. APPENDIX TO THE FORM OF TENDER
CLAUSE
1. Ruling Language : 5 (1) (a) The language in which the Contract
Documents have been drafted.
2, Amount of Performance Bond or Guarantee: 10 10% of the Contract Value
ws
Minimum Amount of Third Party Insurance : 23 (2) RO. .
Period for Commencement from Engineers 41
order to commence :
a
5. Tine for completion BS SE eect ) “Contractor” means the person or, persons, firm or campany whose
tender has been accepted by the Employer and includes the Contrac-
tor's representatives, successors and permitted assigns,
(i) Name and full-address in the Sultanate of Oman (including
Company Registration Particulars),
(ii) Registered address of Head Office (if different from above).
(c) “Engineer” means
‘or other person, persons or firm appointed from time to time by the
Employer and notified in writing to the Contractor to act as the
Engineer for the purposes of the Contract in place of the said Engineer.
(i) Full address in the Sultanate of Oman (including Registration
Particulars)
(ii) Registered Address of Head Office (if different from ebove} (d) “Engineer's Representative” means any assistant of the Engineer,
appointed from time to time by the Employer or the Engineer to
perform the duties set forth in Clause 2 hereof, whose authority
shall be notified in writing to the Contractor by the Engineer.
(e) “Works” shall include both Permanent Works and Temporary Works.
(f) “Contract” means the Instructions to Tenderers, Standard Conditions
of Contract, Specification, Drawings, priced Bill of Quantities, Schedule
of Rates and Prices, if any, Tender, Letter of Acceptance and the
Form of Agreement.
(9) “Contract Value" means the sum named in the Letter of Acceptance.
(h) “Contract Price” means the Contract Value, subject to such additions
thereto or deductions therefrom as may be made under the provisions
hereinafter contained. .
(i) “Constructional Plant’ means all appliances or things of whatsoever
nature required in or about the execution, completion or maintenance
of the Works but does not include materials or other things intended
to form or forming part of the Permanent Works.
G) “Temporary Works" means all temporary works of every kind requi-
red in or about the execution, completion or maintenance of the
Works,
(k) “Permanent Works’ means the permanent works to be executed
completed and maintained in accordance with the Contract.
(1) “Specification” means the specification referred to in the Tender and
any modification thereof or addition thereto as may from time to
time be furnished or approved in writing by the Engineer.
(m) "Drawings" means the drawings referred to in the Specification and
any modification of such drawings approved in writing by the Engi-
neer and such other drawings as may from time to time Se furnished
or approved in writing by the Engineer.
() “Site” means the land and other places on, under, in or through
which the Permanent Works or Temporary Works are to be executed
and any other lands and places provided by the Employer for working
space or any other purpose as may be specifically designated in the
Contract as forming part of the Site.
(0) "Approved" means approved in writing, including subsequent weitten
confirmation of previous verbal approval and “approval” means
approval in writing, including as aforesaid.
(p) “Latter. of Acceptance” means a letter from the Employer (Ministry
concemed), subject to Sultani Decree No. 48/76 as amended, accepting
the final offer of the Contractor,
id ‘Singular and (2) Words importing the singular only also include the plural and vice versa
Plural where the context requires,
Marginal Notes (3) The marginal notes in these Conditions of Contract shall not be deemed to
be part thereof or be taken into consideration in the interpretation or
construction of the Contract.
Cost (4) The word “cost” shall be deemed to include overhead costs whether on or
off the Site.
ENGINEER AND ENGINEER'S REPRESENTATIVE
Duties and 2, (1) The Engineer shall carry out such duties in issuing decisions, certificates
Powers of and orders as are specified in the Contract provided that before the issue of
Engineer orders which either increase the Contract Price to an amount greater than
the Contract Value or cause further ‘increase in the Contract Price the
Engineer shall have obtained the spacific approval of the Employer as
required by Sultani Decrees No. 48 of 1976 as amended unless such orders
are issued pursuant to Clause 64 hereafter.
Duties and Powers (2) The Engineer's Representative shall be responsible to the Engineer and his
of Engineer's duties are to watch and supervise the Works and to test and examine any
Representative materials to be used or workmanship employed in connection with the
Works, He shall have no authority to relieve the Contractor of any of his
duties or obligations under the Contract nor, except as expressly provided
in Clause 64 hereafter or elsewhere in the Contract, to order any work
involving delay or any extra payment by the Employer, nor to make any
variation of or in the Works.
The Engineer may from time to time in writing delegate to the Engi-
neer's Representative any of the powers and authorities vested in the
Engineer and shall furnish to the Contractor and to the Employer a copy
ofall such written delegations of powers and authorities,
Provided always as follows : -
(a) Failure of the Engineer's Representative to disapprove work or mate
rials shall not prejudice the power of the Engineer thereafter to disap-
prove such work or materials and to order the pulling down, removal
or breaking up thereof,
(b) If the Contractor shall be dissatisfied by reason of any decision of the
Engineer's Representative he shall be entitled to refer the matter to
the Engineer, who shell thereupon confirm, reverse or vary such
decision,
Any written instruction or approval given by’ the Engineer's Representative
to the Contractor within the terms of such delegation, but not otherwise,
shall bind the Contractor and the Employer as though it had been given by
the Engineer. Assignment
Sub-letting
Language and
Law
Documents
Mutually
Explanatory
Custody of
Drawings and
Specification
One copy of
the Drawings and
Specification to
be kept on Site
ASSIGNMENT AND SUB-LETTING
3. The Contractor shall not assign the Contract or any part thereof, or any benefit
or iiterest therein or thereunder, otherwise than by a charge in favour of the
Contractor's bankers of any monies due or to become due under this Contract,
without the prior written consent of the Employer.
4, The Contractor shall not sub-let the whole of the Works, Except where other
wise provided by the Contract, the Contractor shall not sub-let any part of the
Works without prior written consent of the Engineer, which shall not unraaso-
nably withheld, and such vonsent, if given, shall not relieve the Contractor from
any liability or obligation under the Contract and he shall be responsible for the
acts, defaults and neglects of any sub-contractor, his agents, servants or work-
men as fully as if they were the acts, defaults or neglects of the Contractor, his
agents, servants or workmen. Provided always that the provision of labour on a
piecework basis shall not be deemed to ‘be a subletting under this Clause.
CONTRACT DOCUMENTS
5. (1) (a) The Ruling Language unless stated otherwise shall be the language in
which the Contract Documents have been drafted.
(®) All correspondance between the Employer, Engineer and the Contrac-
tor shall be in both Arabic and English
(c) The Contract shall be governed by and construed in accordance with
the Laws of the Sultanate of Oman.
(2) Except if and to the extent otherwise provided by the Contract, the several
documents forming the Contract are to be taken as mutually explanatory
of one another, but in case of ambiguities or discrepancies the same shall
be explained and adjusted by the Engineer who shall thereupon issue to the
Contractor instructions thereon. Provided always that if, in the opinion of
the Engineer, compliance with any such instructions shall involve the Con-
tractor in any cost, which by reason of any such ambiguity or discrepancy
could not reasonably have been foreseen by the Contractor, the Engineer
shall, subject to the provisions of Clause 2(1), certify and the Employer
shall pay such additional sum as may be reasonable to cover such costs.
6. (1) The Drawings and Specification shall remain in the sole custody of the
Engineer, but two copies thereof shall be furnished to the Contractor free
of charge: The Contractor shall provide and make at his own expense any
farther copies required by him. At the completion of the Contract the
Contractor shall return to the Engineer all Drawings and Specification
provided under the Contract,
(2) One copy of the Drawings and Specification furnished to the Contractor as
aforesaid, shall be kept by the Contractor on the Site and the same shall at
all reasonable times be available for inspection and use by the Engineer and
the Engineer's Representative and by any other person authorised by the
Enginee in writing.
16
i
'
| Disruption of
Progress
Delays and
cost of delay
of Drawings
Further Drawings
and Instructions
Contractor's
General
Responsibilities
Form of
Agreement
Performance
Bond or
Guerentee
(3) The Contractor shall give written notice to the Engineer whenever ‘planning
oF progress of the Works is likely to be delayed or disrupted unless any fur-
ther drawing or order, including a direction, instruction or approval, is
issued by the Engineer within a reasonable time. The notice shall include
details of the drawing or order required and of why and by when it is
required and of any delay or disruption likely to be suffered if is it late.
(4) If, by reason of any failure or inability of the Engineer to issue within a
time reasonable in all the circumstances any drawing or order requested by.
the Contractor in accordance with sub-glause (3) of this Clause, the Can-
tractor suffers delay and/or incurs costs then the Contractor shall notify
the Employer of such events and the Engineer shel! talze such delay into
account in determining any extension of time to which the Contractor is
entitled under Clause 44 hereof and the Contractor shall be paid the
amount of such cost as shall be reasonable,
7. The Engineer shall have full power and authority to supply to the Contractor
from time to time, during the progress of the Works, such further drawings and
instructions as shall be necessary for the purpose of the proper and adequate
execution, completion and maintenance of the Works. The Contractor shall
carry out and be bound by the same,
GENERAL OBLIGATIONS
8. (1) The Contractor shall, subject to the provisions of the Contract, and with
due care and diligence, execute, complete and maintain the Works and
provide all Iabour, including the supervision thereof, materials, Construc-
tional Plant and all other things, whether of a temporary or permanent
nature, required in and for such execution, completion and maintenance,
50 far as the necessity for providing the same is specified in or is reasonably
to be inferred from the Contract, #acr3'.3) "
pion
© 5 Bad
(2) The Contractor shall take full responsibility for the adequacy, stability and.
safety of all site operations and methods of construction, provided that the
Contractor shall not be responsible, except as may be expressly provided fri
the Contract, for the design or specification of the Permanent Works, or
for the design or specification of any Temporary Worls prepared by the
Engineer.
9. The Contractor shall when called upon so to do enter into and execute a Form
of Agreement, to be prepared and completed at the cost of the Employer, in the
form annexed with such modification as may be necessary.
10. For the due performance of the Contract, the Tender shall contain an under-
taking by the Contractor to obtain within 28 days from the date of the Letter
of Acceptance, a bond or guarantee of an insurance company or bank registered
in the Sultanate of Oman to be jointly and severally bound with the Contractor
to the Employer in the sum of 10% of the Contract Value, the said insurance
company or bank and terms of the said bond or guarante2 shall be such as shall
be approved by the Employer. The obtaining of such bond or guarantee and the
17 Iispection 1.
of Site
Sufficiency 12,
of Tender
Exrors in
Computing
Tender
Adverse Physical
Conditions and
Artificial
Obstructions
~cost of the bond or guarantee to be so entered into shall be at the expense in
all respects of the Contractor. Such bond or guarantee should be valid until
the end of the Maintenance Period.
The Employer shall have made available to the Contractor with the Teader
Documents such data on hydrological, sub-surface and climatic conditions as
shall have been obtained by or on behalf of the Employer from investigations
undertaken relevant to the Works, The Contractor shall neverthless have inspec-
ted and examined the Site and its surroundings and information available in
connection therewith and to have satisfied himself, before submitting his
Tender, as to the form and nature thereof, including the subsurface conditions.
the hydrological and climatic conditions, the extent and nature of work and
materials necessary for the completion of the Works, the means of access to the
Site and the accommodation he may require and shall be deemed to have obtai-
ned all necessary information as to risks, contingencies and all other circum-
stances which may influence or affect his Tender.
(1) The Contractor shall be deemed to have satisfied himself before tendering
as to the correctness and sufficiency of his Tender for the Works and of the
rates and prices stated in the priced Bill of Quantities and the Schedule of
Rates and Prices, if any, which Tender rates and prices shall, except insofer
as it is otherwise provided in the Contract, cover all his obligations under
the Contract and all matters and things necessary for the proper execution,
completion and maintenance of the Works.
(2) The Contractor shall be responsible for any error which he may make in
computing any quantities of material and labour required or costs involved.
‘The Contract Price shall not be allowed to be corrected for any errors
imade by the Contractor in calculating the Contract Value.
(3) Without prejudicé to Clause 11 hereof if during the execution of the Works
the Contractor shall encounter physical conditions, other than climatic
conditions on the Site, or artificial obstructions which conditions or
obstructions could not, in his opinion, have been reasonably foreseen by an
experienced contractor, the Contractor shall forthwith give written notice
thereof to the Engineer's Representative,
If, in the opinion of the Engineer, such conditions or artificial obstructions
could not have bem reasonably foreseen by an experienced contractor,
then the Engineer, subject to the provisions of Clause 2 (1) shall certify
and the Employer shall pay the additional cost to which the Contractor
shall have been put by reason of such conditions, including the proper and
reasonable cost
(2) of complying with any instruction which the Engineer may issue to
the Contracor in connection therewith, and
(b) of any proper and reasonable mesures approved by the Engineer
which the Contractor may take in the absence of specific instructions
from the Engineer.
o> Works tobeto 15,
the Satisfaction
of Engineer
Detailed 14,
Programme to
be Furnished
Contractor's 15,
Superintendenco
The Contractor shall not take any measures to cover, bury or remove the
effects of such conditions or obstructions until so instructed by the Eng.
eer except in the event of there being an urgent need to undertake remo.
dial or other works or repairs to reduce risks of injuries or damages to
persons or property.
Save insofar as it is legally or physically impossible, the Contractor shall execute,
complete and maintain the Works in striet accordance with the Contract to the
satisfaction of the Engineer and shall comply with and adhere strictly to the En.
gineer's instructions and diréctions on any matter, whether mentioned in the
Contract or not, touching or concerning the Works, The Contractor shall take
instructions and direction only irom the Engineer or, subject to the limivetions
referred to in Clause 2 hereof, from the Engineer's Representative.
(2) The Contractor shall, within 14 days of the notification of the acceptance
of his Tender, submit to the Enginoer for his approval, a detailed pro-
gramme showing the order of procedure in which he proposes to carry out
the Works. The Contractor shall whenever required by the Engineer or
Engineer's Representative fumish in writing for his information particulars
of the Contractor's arrangements for the carrying out of the Works and of
the Construction Plant and Temporary Works which the Contractor
Intends to supply or construct as the case may be,
(2) If at any time it should appear to the Engineer that the actual progress of
the Works does not conform to the approved programme referred to in
sub-clause (1) of this Clause, the Contractor shall produce, at the request
of the Engineer, a revised programme showing the modifications to the
approved programme necessary to ensure completion of the Works within
the time for completion as defined in Clause 43 hereof.
(5) The submission to and approval by the Engineer or Engineer's Representa-
tive of such programmes or the furnishing of such particulars shall not
relieve the Contractor of any of his duties, responsibilities or liabilities
under the Contract.
The Contractor shall give or provide all necessary superintendence during the
execution of the Works and as long thereafter as the Engineer may consider
necessary for the proper fulfilling of the Contractor's obligations under the
Contract. The Contractor, or a competent and authorised agent or represen.
tative approved of in writing by the Engineer, which approval may at any time
be withdrawn, is to be constantly on the Works and shall give his whole time to
the superintendence of thé same. If such approval shall be withdrawn by the
Engineer, the Contractor shall, as soon as is practicable, having regard to the
requirement of replacing him as hereinafter mentioned, after receiving written
notice of such withdrawal, remove the agent from the Works and shall not
thereafter employ him again on the Works in any capacity and shall replace him
by another agent approved by the Engineer. Such authorised agent or represen.
‘ative shall receive, on behalf of the Contractor, directions and instructions from
19 the Engineer or, subject to the limitations of Clause 2 hereof the Engineer's
“Representative.
Contractor's - 16. (1) The Contractor shall provide and employ on the Site in connection with
Employees the execution, completion and maintenance of the Works.
(a) only such technical assistants as are skilled and experienced in their
respective callings and such sub-agents, foremen and leading hands as
are competent to give proper supervision to the work they are requi-
red to supervise, and
(b} such skilled, semi-skilled and unskilled labour es is necessary for the;
proper and timely execution, completion and maintenance of the
Works.
(2) The Engineer shall be at liberty to object to and require the Contractor to
remove forthwith from the Works any person employed by the Contractor
in or about the execution, completion or maintenance of the Works who,
in the opinion of the Engineer, misconducts himself, or is incompetent or
negligont in the proper performance of his duties, or whose employment is
otherwise considered by the Engineer to be undesirable and such person
shall not be again employed upon the Works without the written permis.
sion of the Engineer. Any person so removed from the Works shall be
replaced as soon as possible by a competent substitute approved by the
Engineer.
(3) The Contractor's agent and a reasonable proportion of his technical assist-
ants shall be capable of speaking, writing and understanding the language(s)
of the Contract Documents.
A sufficient number of the foremen shall have a working knowledge
of the language(s) spoken by the labour employed on the site,
Setting-out 17. (1) The Contractor shall be responsible for the true and proper setting-out of
the Works from the information given by the Eigineer in writing and for
the correctness of the position, levels, dimensions and alignment of all
parts of the Works and for the provision of all necessary instruments,
appliances and labour in connection therewith.
If, at any time during the progress of the Works, any error shall
appear or arise in the position, Jevels, dimensions or alignment of any part |,
of the Works, the Contractor, on being required so to do by the Engineer
or the Engineer's Representative, shall, at his own cost, rectify such error
to the satisfaction of the Engineer, or the Engineer's Representative, unless
such error is based on incorrect data supplied in writing by the Engineer, in
which case the expense of rectifying the same shall be bome by the Em-
ployer. The checking of any setting-out or of any line or level by the
Engineer or the Engineer's Representative shall not in any way relieve the
Contractor of his responsibility for the correctness thereof and the Con
tractor shall carefully protect and preserve all bench-marks, sight-rails, pegs
and other things used in setting-out the Works,
20 Notice (2) The Contractor shall give to the Engineer not less than 24 hours notice of
his intention to set out or give levels for any part of the Works so that
arrangements may be made for checking or issuing instructions,
Boreholes and 18, If, at any time during the execution of the Works, the Engineer shall require
Exploratory the Contractor to make boreholes or to carry out exploratory excavation, such
Excavation requirement shall be ordered in writing and shall be deemed to be on addition
ordered under the provisions of Clause 51 hereof, waless an item or a provi-
sional sum in respect of such anticipated work shall have been included in the
Bill of Quantities,
ws
The Contractor shall throughout thw progress of the Works have full regard for
the safety of all persons upon the Site and shall keep the Site (50 far as the same
4s under his control) and the Works (so far as the same are not completed or
cccupied by the Employer) in an orderly state appropriate to the avoidance of
danger to such persons and shall, inter alia, in connection with the Works
provide and maintain at his own cost all lights, guards, fencing, warming signs
and watching when and where necessary or required by the Engineer or the
Engineer's Representative, or by any competent authority, for the ‘protection of
the Works, or for the safety and convenience of the public or others
Gare of Works 20. (1) The Contractor shall take full responsibility forthe care of te Works from
the date of the commencement thereof until a date not exceeding 14 days
from that stated in the Certificate of Completion for the whole of the
Works pursuant to Clause 48 hereof. Provided thet if the Engineer shall
dsue 4 Certificate of Completion in respect of any part of the Permanent
Works before he shall issue a Certificate of Completion in respect of the
whole of the Works the Contractor shall cease to be responsible for the
care of that part of the Permanent Works from a date not later than 14 days
after the date stated in the Certificate of Completion in respect of that part
and the responsibility for the care of that part shall pass'to the Employer.
Provided further that the Contractor shall take full responsibility for the
care of any outstanding work which he shall have undertaken to finish
during the Period of Maintenance ‘until such outstanding work is com-
pleted.
Responsibility (2) In case any dainage, loss or injury from any cause whatsoever, save and
for except the excepted risks as defined in sub-clause (3) of this Clause, shall
Reinstatement happen to the Works, or to any part thereof, while the Contractor shall
be responsible for the care thereof, the Contractor shall, at his own cost,
repair and make good the same, so that within 14 days after completion
the Permanent Works shall be in good order and condition and in confor.
mity in every respect with the requirements of the Contract and the
Engineer's instructions. If in the opinion of the Engineer any such damage,
Joss or injury happens from any of the excepted risis, the Contractér
shall, if and to the extent required by the Engineer and subject always
{0 the provisions of Clause 65 hereof, repair and make good the same
2s aforesaid at the cost of the Employer. The Contractor shall also be liable
for any damage to the Works occasioned by him in the course of any
operations carried out by him for the purpose of completing any
21 dutstanding work or complying with his obligations under Clause 49 and SO
hereof,
Excepted (3) The “excepted risks" are war, hostilities (whether war be declared or not)
Risks invasion, act of foreign enemies, rebellion, revolution, insurrection or
military or usurped power, civil war, or unless solely restricted to emplo-
yees of the Contractor or of his sub-contractors and arising from the
conduct of the Works, riot, commotion or disorder, or use or occupation
by the Employer of any part of the Permanent Works, or jonising radia
tions or contamination by radio-activity from any nuclear fuel or from any
nuclear waste from the combustion of nuclear fuel, sadio-active to
explosive, or other hazardous properties of any explosive, nuclear assembly
or nuclear component thereof, pressure waves caused by aircraft or other
aerial devices travelling at sonic or supersonic speeds, or any such opera:
tion of the forces of nature as an experienced contractor could not foresee,
ot reasonably make provision for or insure ayainst all of which are herein
collectively referred to as “'the excepted risks."”
Reinstatement (4) Unless: stated otherwise, the Contractor shall reinstate all properties
Compensation whether oublic or private which are damaged in consequence of the
Damage to execution, completion and maintenance of the Works to a specified condi-
Persons or Property tion at Jeast equal to that obtaining before his first entry on them.
If in the opinion of the Engineer the Contractor shall have failed to take
reasonable and prompt action to discharge his obligations in the matter
of reinstatement the Engineor will inform the Contractor in writing of
his opinion, in which circumstances the Employer reserves the right to
employ others to do the necessary work of reinstatement and to deduct
the costs thereof from any money due or which shall become due from
the Employer to the Contractor.
The Contractor shall refer to the Employer without delay all claims which
may be considered to fall within the provisions of Clause 22.
Insurance of 21. Without limiting his obligations and responsibilities under Clause 20 hereof, the
Works, etc. Contractor shall insure in the joint names of the Employer and the Contractor
against all loss or damage from whatever cause arising, other than the excepted
risks, for which he is responsible under the terms of the Contract and in such
manner that the Employer and Contractor are covered for the period stipulated
in Clause 20(1) heceof and are also covered during the Period of Maintenance
for loss or damage arising from a cause, occuring prior to the commencement of
the Period of Maintenance, and for any loss or damage occasioned by the
Contractor in the course of any operations carried out by him for the purpose
of camplying with his obligation under Clause 49 and 50 hereof: «
(a) The Works for the time being executed ro the estimated Contract
ice thereoi, plus a further 15% to cover any additional expense
of a nature incidental to the demolition, removal, restoration or
repair of any such loss or damage, together with the materials for
incorporation in the Works at their replacement value.
22 ~ (b) The Constructional Plant and other things brought onto the Site by
the Contractor to the replacement value of such Constructional Plant
and other things,
(¢) The Equipment, materials and other things being provided under
Separate contract or by nominated Sub-Contractors to the replace.
‘ment value for incorporation in the Works from the time such equip.
iment, materials and other things are taken over by the Contractor
at the port, workshop or place of manufacture as the ease may be.
Such insurance shall be effected price to commencement of the Works with an
Rant registered in the Sultanate of Oman and in tecms to be approved by the
Employer which approval shall not be unreasonably withheld, such tems shall
exclude the exercise by the insurer of any right of indemnity against their or
either of their servants, agents or employees, and the Contractor shall, whenever
required, produce to the Engineer or the Engineer's Representative the policy or
policies of insurance and the receipts for payment of the current premium
Damage to 22. (1) The Contractor shall, except if and so far as the Contract provides other
Persons and tise, indemnify and keep indemnified the Employer end his servants ayents
Property or employees against all losses and claims in respect of injuries or damage
fo any persons or material or physical damage to any property whatsoever
which may arise out of or in consequence of the execution, completion
and maintenance of the Works and against all claims, proceedings damages,
costs, charges and expenses whatsoever in respect’of or in relation thereto
except any compensation or damages for or with respect to : «
(a) The permanent use or occupation of land by the Works or any part
thereof.
(b) The right of the Employer to execute the Works or any part thereof
on, over, under, in or through any land,
(€) Injuries or damage to persons or property which are the unavoidable
result of the execution, completion or maintenance of the Works in
accordance with the Contract.
(4) Injuries or damage to persons or property resulting from any act or
neglect of the Employer, his agents, servants or other contractors,
not being employed by the Contractor, or for or in respect of any
claims, proceedings, damages, costs, charges and expenses in respect
thereof or in relation thereto or where the injury or damage was
contributed to by the Contractor, his servants or agents such part of
the compensation as may be just and equitable having regard to the
extent of the responsibility of the Employer, his servants or agents or
er Contractor for the damage or injury.
Indemnity by (2) The Employer shall indemnify the Contractor against all claims, procee-
Employer dings, damages, costs, changes and expenses in respect of the matters
referred ton proviso to sub-clause (1) of this Clause.
23 Members of
Employer's Staff
etc, not Personally
liable
Third party 23.
Insurance
Minimum Amount
of Third Party
Insurance
Provision to
Indemnify
Employer
Accident or 24,
Injury to
Worlmen
(3) Neither any member of the Employer's staff nor the Engineer nor any
of his staff nor the Engineer's Representative shall be in any way perso-
nally liable to the Contractor for: their acts or obligations under the
Contract or answerable for any default or omission on the part of the
Employer in the observance or performance of any of the acts matters
or things which are contained in the Contract.
(1) Before commencing the execution of the Works the Contracjor, but
without limiting his obligations and responsibilities under Clause 22 hereof,
shall insure against his liability for any material or physical damage, Joss
or injury which may occur toany property, including that of the Employes,
or to any person, including any employee of the Employer, by or arising
out of the execution of the Works or in the carrying out of the Contract,
otherwise than due to the matters referred to in the proviso to Clause
22(1) hereof.
(2) Such insurance shall be effected with an insurer registered in the Sultanate
of Oman and in terms approved by the Employer; which approval shall
not be unreasonably withheld, and for at least the amount stated in the
Appendix to the Tender, per single accident with an unlimited number of
accidents, The terms shall exclude the exercise by the insurer of any right
of indemnity against their or either of their servants, agents or employees.
The Contractor shall prior to commencement of Works, produce to. the
Engineer or the Engineer's Representative the policy or policies of insurance
and the receipts for payment of current and subsequent premiums within
7 days of payment.
(3) The terms shall include a provision whereby, in the event of any claim in
respect of which the Contractor would be entitled to receive indemnity
under the policy being brought or made against the Employer, the insurer
will indemnify the Employer against such claims and any costs, charges,
and expenses in respect thereof.
If the Employer pays any monies in respect of any such claims or
demands as aforesaid the amount so paid and the costs incurred by the
Employer shall be charged to and paid by the Contractor provided always
that, the Employer shall if circumstances permit give to the Contractor
reasonable opportunity of examining such claim or demand before pay-
ment, In the event of the Contractor disputing the payment, except
payments made in accordance with a legal obligation or after approval of
the Contractor, then the Contractor shall have the right to refer the matter
in accordance with the provisions of Clause 67 hereof.
(1) The Employer shall not be liable for or in respect of eny damages or
compensation payable at Jaw in respect or in consequence of any accident
or injury to any workman ‘or other person in the employment of the
Contractor or any sub-Contractor, save and except an accident or injury
resulting from any act of default of the Employer, his agents or servants.
The Contractor shall indemnify and keep indemnified the Employer
ageinst all such damages and compensation, save end except as aforesaid,
24 Nou ication
by Contractor
Remedy on
Contractors
Failure to
Compliance with
Laws Rules and
Regulations
and against all claims, proceedings, costs, charges and expenses whatso-
ever in respect thereof or in relation thereto.
(2) The Contractor shall insure against such liability with an insurer regis-
tered in the Sultanate of Oman and approved by the Employer, which
approval shall not be unreasonably witheld, and shall continue such insu-
Fance during the whole of the time that any persons are employed by him
‘on the Works and shall, when required, produce to the Engineer or the
Engineer's Representative such policy of insurance and the receipt for
payment of the current premium. Provided always that, in respect of any
Persons employed by any sub-contractor, the Contractor's obligation
to insure az aforesaid under this sub-clause shall be satisfied if the sub-
contractor shal! have insured against the liability in respect of such persons
in such manner that the Employer is indemnified under the policy, but the
Contractor shall require such sub-contractor to produce to the Engineer or
the Engineer's Representative, prior to commencement of works, such
Policy of insurance and the receipt for the payment of the current and
‘subsequent nremiums within 7 days of payment.
25. (1) (a) The Contractor shali notify the insurers of any of the insurances
referred to in Clauses 21, 23 and 24 hereof of any matter or event
which by the terms of such insurances are required to be so notified
and the Contractor shall indemnify and keep indemnified the Em-
ployer against all losses, claims, demands, proceedings, costs, charges
and expenses whatsoever arising out of or resulting from any default
by the Contractor in compliance with the requirements of this Clause
whether as a result of the avoidance of such insurance or otherwise.
(®) The Contractor shall keep the Employer informed of all matters
‘regarding claims submitted by him to the insurers wherein any advan-
tage from insurance policies is claimed,
(2) If the Contractor shall fail to effect and keep in force the insurances
referred to in Clauses 21, 23 and 24 hereof, or any other insurance which
he may be required to effect under torms of the Contract, then and in
any such case the Employer may effect and keep in force any such insi-
tance and pay such premium or premiums as may be necessary for that
Purpose and from time to time deduct the amount so paid by the Employer
25 aforesaid from any monies due or which may become due to the Con-
tractor, or recover the same as a debt due from the Contractor.
26 The Contractor shall conform in all respects with the Laws of the Sultanate
of Oman and give all notices and pay all fees required therewith in relation
to the execution of the Works and by the Rules and Regulations of all public
bodies and companies whose property or rights are affected or may be affected
in any way by the Works and shall keep the Employer indemnified against all
penalties and liability of every kind for breach of any such Law, rules, or
regulations. Fossils, etc. 27. All. fossils, coins articles of value or antiquity, known structures and other
remains or things of geological or archaeological interest found on the site of
the Works shall as between the Employer and the Contractor be deemed to be
the absolute property of the Employer. The Contractor shall take reasonable
recausions to prevent his workmen or any other persons from removing or
damaging any such article or thing and shall immediately upon discovery
acquaint the Engineer's Representative and carry out, subject to the provisions
of Clause 2(1), the Engineer's Representative’s orders as to the disposal, or
otherwise, of the same at the expense of the Employer.
Patent Rights 28. The Contractor shall save harmless and indemnify the Employer fram and
and Royalties against all claims and proceedings for or on account of infringement of any
patent rights, design trademark or name or other protected rights in respect
of any Constructional Plant, machine work, or material used for or in con-
nection with the Works or any of them and from and against all claims, pro-
ceedings, damages, costs, charges and expenses whatsoever in respect thereof
or in relation thereto. Except where otherwise specified, the Contractor shall
pay all tonnage and other royalties, rent and other payments or compensation
if any, for getting stone, sand, gravel, clay or other materials required for the
Works or any of them.
Interference 29. All operations necessary for the execution of the Works, especially work at
with Traffic night, shall so far as compliance with the requirements of the Contract permit,
and Adjoining be carried on so as not to interfere unnecessarily or improperly with the
Properties convenience of the public, or the access to, use and occupation of public or
private roads and footpaths to or of properties whether in the possession of
the Employer or of any other person. The Contractor shall save harmless and
indemnify the Employer in respect of all claims, proceedings, damages, costs,
charges and expenses whatsoever arising out of, or in relation to, any such
‘matters in so far as the Contractor is responsible therefor.
Exuaordinary 30. (1) The Contractor shall use every reasonable means to prevent any of the
‘Traffic highways or bridges communicating with or on the routes to the Site
from being damaged or injured by any traffic of the Contractor or any
of his sub-contractors and, in particular, shall select routes, choose and use
vehicles and restrict and distribute loads so that any such extraordinary
traffic as will inevitably arise from the moving of plant and material from
and to the Site shall be limited, as far as reasonably possible, and so that no
unnecessary damage or injury may be occasioned to such highways and
bridges,
Special Loads (2) Should it be found necessary for the Contractor to move one or more
Joads of Constructional Plant, machinery or preconstructed units or
parts of units of work over part of a highway or bridge, the moving
whereof is likely to damage eny highwey or bridge unless special protec-
Won or strengthening is carried out, then the Contractor shall before
‘moving the load onto such highway or bridge give notice to the Engineer
or Engineer's Representative of the weight and other pacticulars of the
Joad to be moved and his proposals for protecting or strengthening the
sid highway or bridge. Within fourteen days of the receipt of such notice
26 Settlement of
Extraordinary
Traffic Claims
Waterbome
Traffic
Opportunities 31.
for Other
Contractors
Contractor to 32,
Keep Site
Clear
Clearance of 33.
Site on
Completion
the Engineer shall by counter-notice direct that such protection or streng-
thening is necessary or unnecessary, then the Contractor will carry out
such proposals or any modification thereof that the Engineer shall require
and, unless there is an item or are items in the Bill of Quantities for pricing
by the Contractor of the necessary worls for the protection or streng-
thening aforesaid, the costs thereof should be borne by the Contractor.
(3) If during the execution of the Works or at any time thereafter any damage
or loss shall occur due to any failure on the part of the Contractor to
observe and perform his obligations under sub-clause (1) and (2) of this
Clause, then the amount certified by the Engineer to be due to such
‘zilure shall be paid by the Contractor to the Employer.
(4) Where the nature of the Works is such as to require the use by the Contractor
of waterborne transport the foregoing provisions of this Clause shall be
construed as though “highway” included a lock dock sea wall or other
structure related to a waterway and “vehicle” included craft, and shall
have effect accordingly.
The Contractor shall, in accordance with the requirements of the Engineer,
efford all reasonable opportunities for carrying out their work to any other
contractors employed by the Employer and their workmen and to the work-
men of the Employer and of any other duly constituted authorities who may
be employed in the execution on or near the Site of any work not included
in the Contract or of any contract which the Employer may enter into in
connection with or ancillary to the Works. If, however, the Contractor shall,
on the written request of the Engineer or the Engineer's Representative, make
available to any such other contractor, or to the Employer or any such autho-
rity, any roads or ways for the maintenance of which the Contractor is respon-
sible, or permit the use by any such of the Contractor's scaffalding or other
plant on the Site, or provide any other service of whatsoever nature for any
such, the Employer shall pay to the Contractor in respect of such use or service
such sum or sums as shall, in the opinion of the Engineer, be reasonable;
During the progress of the Works the Contractor shall keep the Site reasonably
free from all unnecessary obstruction and shall store or dispose of any Cons-
tructional Plant and surplus materials and clear away and remove from the
Site any wreckage, rubbish or Temporary Works no longer required.
On the completion of the Works the Contractor shall clear away and remove
from the Site all Constructional Plant, surplus materials, rubbish and Tempo-
rary Works of every kind, and leave the whole of the Site and Works clean and
in a workmanlike condition to the satisfaction of the Engineer (moreover after
campletion of the works approval of the Municipal Authorities should be
obtained by the Contractor as to the hygiene and cleanliness of the Site and its
surround.) Nevertheless all buildings and equipment either provided or paid for
by the Employer which form part of the Temporary Works shall where directed
by the Engineer, be maintained in a reasonable condition and shall be handed
‘over to the Employer. LABOUR
Engagement $4, (1) The Contractor shall make his own arrangements for the engagement
of Labour of all labour, local or otherwise, and save insofar as the Contract other-
wise provides, for the transport, housing, feeding and payment thereof
in accordance with the Laws of the Sultanate of Oman.
Supply of (2) The Contractor shall provide on the Site, to the satisfaction of the
Water Engineer's Representative, an adequate supply of drinking and other
water for the use of the Contractor's staff and work people.
Alcoholic (3) The Contractor shall not, otherwise than in accordance with the Laws
Liquor or of the Sultanate of Oman for the time being in force, import, sell, give
Drugs barter or otherwise dispose of any alcoholic liquor, or drugs, or permit
or suffer any such importation, sale, gift, barter or disposal by his sub-
contractors, agents or employees. :
Anms and (4) The Contractor shall not give, barter or otherwise dispose of to any
Ammunition person or persons, any arms or ammunition of any kind or permit or
suffer the same as aforesaid,
Festivals and (5) The Contractor shall in all dealings with labour in his employment have
Religious Customs due regard to all nationally recognised festivals, days of rest and religious
or other customs,
Epidemics (6) In the event of any outbreak of illness of an epidemic nature, the Con-
tractor shall comply with and carry out such regulations, orders and
requirements as may be made by the Government, or the local medical
or sanitary authorities for the purpose of dealing with and overcoming
the same.
Disorderly (7) The Contractor shall at all times take all reasonable precautions to
Conduct, etc. prevent any unlawful riotous or disorderly conduct by or amongst his
employees and for the preservation of peace and protection of persons
and property in the neighbourhood of the Works against the same.
Observance by (8) The Contractor shall be responsible for the observance by his sub-contrac-
‘Sub-Contractors tors of the foregoing provisions.
Return of 35, The Contractor shall deliver to the Engineer's Representative, or to his office,
Labour, etc, at monthly intérvals, a return in detail in such form as the Engineer may pres-
cribe showing the supervisory staff and the numbers of the several classes of
Jabour employed and Constructional Plant used from time to time by the
Contractor on the Site and such other information as the Engineer's Repre-
sentative may require,
MATERIALS AND WORKMANSHIP
Quality of Materials 36, (1) All materials and workmanship shall be of the respective kinds described
and Workmanship in the Convact and in accordance with the Engineec's instructions.
and Tests Provided that
28 Conditions of
Purchase of
Machinery,
Materials and
Equipment
Test of
Quality
Cost of
Samples
Cost of Tests
Cost of Tests not
*rovided for, etc.
{@) the Contractor shall purchase within the Sultanate of Oman during
© the currency of the Contract, either directly or through sub contra
ins_@ minimum of 20% of his total requirement of materials of
the required specification unless it is contractually not possible to
do 80, As proof thereof all invoices shall be submitted to the Engineet's
Representative with those invoices for materials purchased in the
Sultanate of Oman listed separately,
(0) all machinery and equipment which is installed and incarperated
35 a part of the Permanent Works, shall be manufactured by those
companies who have agents in the Sultanate of Oman, for the sub.
sequent regular maintenance and repsir of the mackinety and oquip-
ment,
(2) AU materials and workmanship shall be subjected from time to time to
such tests as the Engineer may direct at the place of manufacture or
fabrication, or on the Site or at such other place or places as may be
specified in the Contract, or at all or any of such places. The Contrac.
for shall provide such assistance, instruments, machines, labour and
materials as are normally required for examining, measuring and testing
any work and the quality, weight or quantity of any material used
and shal! supply samples of materials before incorporation in the Works
for testing es may be selected and required by the Engineer.
(5) All samples shall be supplied by the Contractor at his own cost if the
supply thereof is clearly intended by or provided for in the Contract,
but if not, then at the cost of the Employer,
(4) The cost of making any test shall be borne by the Contractor if such
test is clearly intended by or provided for in the Contract and, ia the
cases only of a test under load or of a test to ascertain whether the
design of any finished or partially finished work is appropriate for the
Purposes which it was intended to fulfil, is particularised in the Contract
in sufficient detail to enable the Contractor to price or allow for the same
in his Tender. :
(5) If any test is ordered by the Engineer which is either
(2) not so intended by or provided for, or :
(0) (in the cases above mentioned) is not so particularised, or
(¢) though so intended or provided for is ordered by the Engineer to
be carried out by an independent person at any place other than
the Site, the Laboratories of the Ministry of Commerce and Industry,
or the place of manufacture or fabrication of the materials tested,
then the cast of such test shall be borne by the Contractor, if the test
shows the workmanship or materials not to be in accordance with the
29
I _ provisions of the Contract or the Engineer's instructions, but otherwise
by the Employer.
Inspection of 37, The Engineer and any person authorised by him shall at all times have access
Operations to the Works and to all workshops and places where work is being prepared
or from where materials, manufactured articles or machinery are being obtained
for the Works and the Contractor shall afford every facility for and every
assistance in or in obtaining the right to such access.
Examination of 38, (1) No work shall be covered up or put out of view without the approval
Work before of the Enginoer or the Engineer's Representative and the Contractor
Covering up shall afford full opportunity for the Engineer or the Engineer's Repre-
sentative to examine and measure any work which is about to be covered
up or ‘put out of view and to examine foundations before permanent
work is placed thereon, The Contractor shall give due notice to the Eng-
ineer's Representative whenever any such work or foundations is or are
ready or about to be ready for examination and the Engineer's Represen-
tative shall, without unreasonable delay attend for the purpose of exami-
ning and measuring such work or of examining such foundations.
Uncovering (2) The Contractor shall uncover any part or parts of the Works or make
and Making openings in or through the same as the Engineer may from time to
Openings time direct and shall reinstate and make good such part or parts to
the satisfaction of the Engineer. If any such part or parts have been
covered up or put out of view after compliance with the requirement of
sub-clause (1) of this Clause and are found to be executed in accor
dance with the Contract, the expenses of uncovering, making openings
in or through, reinstating and making good the same shall be borne
by the Employer, but in any other case all costs shall be bome by the
Contractor.
Removal of 39. (1) The Engineer shall during the progress of the Works have power to
Improper Work order in writing from time to time
and Materials
(2) the removal from the Site, within such time or times as may be
specified in the order, of any materials which, in the opinion of the
Engineer, are not in accordance with the Contract
(b) the substitution of proper and suitable materials-and
(c) the removal and proper re-execution, notwithstanding any previous
test thereof or interim payment therefor, of any work which in
respect of materials or workmanship is not, in the opinion of the
Engineer, in accordance with the Contract.
Default of (2) In case of default on the part of the Contractor in carrying out such
Contractor in order, the Employer shall be entitled to employ and pay other persons
Compliance to carry out the same and alll expenses consequent thereon or incidental
thereto shall be recoverable from the Contractor by the Employer, or
may be deducted by the Employer from any monies due or which may
become due to the Contractor.
50 | Suspension of 40. (1) The Contractor shall, on the wiitten order of the Engineer, suspend the
} Work Progress of the Works or any part thereof for such time or times and
! in Such manner ax the Engineer may consider necessary and shall during
such suspension properly protect and secure the work, so far is necessary
in the opinion of the Engineer. The extra cost incurred by the Contraetor
in giving effect to the Engineer's instructions under this Clause shall bo
bome and paid by the Employer unless such suspension is
(2) otherwise provided for in the Contract, or
(b) necessary by reason of some default on the part of the Contractor, or
(€) necessary by reason of climatic conditions on the Site, or
(4) necessary for the proper execution of the Works or for the safety
of the Works or any part thereof insofar as such necessity doos
not arise from any act or default by the Engineer or the Employer
or from any of the excepted risks defined in Clause 20 hereof.
Provided that the Contractor shall not be entitled to recover any
such extra cost unless he gives written notice of his intention to claim
to the Engineer within twenty-eight days of the Engineer's order. The
Engineer shall settle and determine such extra payment and/or exten-
sion of time under Clause 44 hereof to be made to the Contractor in
respect of such claim as shall, in the opinion -of the Engineer, be fair
and reasonable and the Engineer's decision shall be final and binding,
Suspension Lasting (2) It the progress of the Works or any part thereof is suspended on the
more than 90 days written order of the Employer and if permission to resume work iz not
given by the Employer within a period of ninety days from the dato of
suspension then, unless such suspension is within paragraph (a), (b),
(¢) or (d) of sub-clause (1) of this Clause, the Contractor may serve a
written notice on the Employer requiring permission within twenty-
eight days from the receipt thereof to proceed with the Works, or that
art thereof in regard to which progress is suspended and, if such
permission is not granted within that time, the Contractor by a further
written notice so served may, but is not bound to, elect or treat the
suspension where it affects part only of the Works as an omission of such
Part under Clause 51 hereof, or, where it affects the whole Works, as an
abandonment of the Contract by the Employer,
COMMENCEMENT TIME, PROCEDURES AND DELAYS
Commencement 41, The Contractor shall commence the Work on Site within the period named in
of Works the Appendix to the Tender after the receipt by him of a written order to this
effect from ihe Engineer and shall proceed with the same with due expedition
and without delay, except as may be expressly sanctioned or ardered by the
Engineer, or be wholly beyond the Contractor's contral,
Possession of Site 42. (1) Save insofar as the Contract may prescribe, the extent of portions of the
Site of which the Contractor is to be given possession from time to time
3 and the order in which such portions shall be made available to him and,
subject to any requirement in the Contract’ as to the order in which the
: Works shall be executed, the Employer will, with the Engineer's written
‘order to commence the Works, give to the Contractor possession of so
much of the Site as may be required toenable the Contractor to commence
‘and proceed with the execution of the Works in accordance with the
programme referred to in Clause 14 hereof, and otherwise in accordance
with such reasonable proposals of the Contractor as he shall, by written
notice to the Engineer, make and will, from time to time as the Works
proceed, give to the Contractor possession of such further portions of the
Site as may be required to enable the Contractor to proceed with the
execution of the Works with due despatch in accordance with the said
programme or proposals, as the case may be. If the Contractor suffers
delay or incurs cost from failure on the part of the Employer to give
possession in accordance with the terms of this Clause, the Engineer shall
grant an extension of time for the completion of the Works and certify
such sum as, in his opinion, shall be fair to cover the cost incurred, which
sum shall be paid by the Employer.
Wayleaves, etc. (2) The Contractor shall bear all costs and charges for special or temporary
wayleaves required by him in connection with access to the Site. The
Contractor shall also provide at his own cost any additional accomodation
outside the Site required by him for the purpose of the Works.
Use of Site (3) In particular but without in any way limiting or detracting from the
foregoing the following provisions shall be deemed toapply to the possession
and use of the Site:
(a) The Contractor shall maintain access for the inspection, operation
and maintenance of any installations belonging to the Employer and
not being part of the Contract which lie within the Site or elsewhere.
(b) The Contractor shall not use any portion of the Site for any purpose
not connected with the Works unless the prior written permission of
the Employer shall have been obtained.
(c) The lands and other places outside the Site which are the property of
or under the control of the Employer shall be used strictly in accor-
dance with the instructions of the Employer.
Time for 43, Subject to any requirement in the Contract as to completion of any section
Completion of the Works before completion of the whole, the whole of the Works shall be
completed, in accordance with the provisions of Clause 48 hereof, within the
time stated in the Contract calculated from the last day of the period named in
the Appendix to the Tender as that within which the Works are to be com-
menced, or such extended time as may be allowed under Clause 44 hereof.
Extensign of 44, Should the amount of extra or additional work of any kind or any cause of
Time for delay referred to in these Conditions, or exceptional adverse climatic condi-
‘Completion tons, or other special circumstances of any kind whatsoever which may occur,
other than through a defé y to entitle the
1 of the Contractor; be such as
32 No Night or
Friday Work
Rate of
Penalties for
Delay
‘eduction of
enalties
45,
46,
47,
Gonttctor to an extension of time for the completion of the Works, the Engineer
Shall determine the amount of such extension and the Engineor shall consult
with and provide to the Employer a detailed written report giving the reasons
for his decision to extend the completion date prior to notifying the Contractor,
Provided that the Engineer is not bound to take into account any extra or addi.
tonal work or other special circumstances unless the Contractor has within
twenty-eight days after such work has been commenced, or such circumstances
have arisen, or as soon thereafter as is practicable, submitted to the Engineer's
Representative full and detailed particulars of any extension of time to which
he may consider himself entitled in order that such submission may be inves.
tigated at the time. Provided that the decision of the Enginesr regasdling exten-
sion of time shail be fina) and binding.
Subject to any provision to the contrary contained in the Contract, none of
the Permanent Works shall, save as hereinafter provided, be carried on during
the night or on Friday without the permission in writing of the Engineer's
Representative, except when the work is unavoidable or absolutely necessary
for the saving of life or property or for the safety of the Works, in which case
the Contractor shall immediately advise the Engineer's Representative, Provided
always that the provisions of this Clause shall not be applicable in the case of
any work which it is customary to be carried out by rotary or double shifrs.
If for any reason, which does not entitle the Contractor to an extension of
ume the rate of progress of the Works or any section is at any time, in the
opinion of the Engineer, too slow to ensure completion by the prescribed time
or extended time for completion, the Engineer shall so notify the Contractor in
writing and the Contractor shall thereupon take such steps as are necessary and
the Engineer may approve to expedite progress so as to complete the Works or
such section by the prescribed time or extended time, The Contractor shall not
be entitled to any additional payment for taking such steps. If, as a result of any
notice .piven hy the -Enginaer under this Clause, the Contactar shall xenk the
Engineer's permission to do any work at night or on Fridays such permission
shall not be unreasonably refused.
(2) If the Contractor shall fil to achieve completion of the Works within the
time prescribed by Clause 43 hereof, or such extended time as may be
allowed under Clause 44 hereof, then the Contractor shall pay to the
Employer the sum stated in the Appendix to the Tender as @ penalty for
such default for every day or part of a day which shall elapse between the
time prescribed by Clause 43 hereof or the extended time as the case may
be and the date of certified completion of the Works. The Employer may,
without prejudice to any other method of recovery, deduct the amount oF
such penalties from any monies in his hands, due or which may become
due to the Contractor. The payment or deduction of such penalties shall
not relieve the Contractor from his obligation to complete the Works, or
from any other of his obligations and liabilities under the Contract,
(2) If, before the completion of the whole of the Works any part or section of
the Works has been certified by the Engineer as completed, pursuant to
Clause 48 hereof, and occupied or used by the Employer, the penalties for
delay shall, for any period of deley after such certificate and in the absence
33 of altemative provisions in the Contract be reduced in the proportion
which the value of the part or section so certified bears to the value of the
whole works.
Certification of 48. (1) When the whole of the Works have been substantially completed and have
Completion of
Works
satisfactorily passed any final test that may be prescribed by the Contract,
the Contractor may give a notice to that effect to the Engineer or to the
Engineer's Representative accompanied by an undertaking to finish any
outstanding work during the Period of Maintenance. Such notice and
undertaking shall he in writing and shal) be deemed to bea request by the
Contractor for the Engineer to issue a Certificate of Compietion in respevt
of the Works. The Engineer shall, within twenty-one days of the date of
delivery of such notice either issue to the Contractor, with a copy to the
Employer, a Certificate of Completion stating the date on which, in his
opinion, the Works were substantially completed in accordance with the
Contract or give instructions in writing to the Contractor specifying all
the work which, in the Engineer's opinion requires to be done by the
Contractor before the issue of such Certificate. The Engineer shall also
notify ihe Contractor of any defects in the Works affecting substantial
completion that may appear after such instructions and before completion
of the works specified therein, The Contractor shall be entitled to receive
such Certificate of Completion within twenty-one days of completion to
the satisfaction of the Engineer to the works so specified subject to his
undertaking to make good any defect so notified.
Certification of (2) Similarly, in accordance with the procedure set out in sub-clause (1) of this
Campletion by
Stages
3)
@
Clause, the Contractor may request and the Engineer shall at his sole
discretion issue a Certificate of Completion in respect of : -
(a) any section of the Permanent Works in respect of which a separate
time for completion is provided in the Contract and
(b) any substantial part of the Permanent Works which has boon both i
completed to the satisfaction of the Engineer and occupied or used |
by the Employer.
Jf any part of the Permanent Works shall have been substantially com,
pleted and shall have satisfactorily passed any final test that may be pres-
cribed by the Contract, the Engineer may issue a Certificate of Completion
in respect of that part of the Permanent Works before completion of the +
whole of the Works and, upon the issue of such Certificate, the Contractor
shall be deemed to have undertaken to complete any outstanding work in
that part of the Works during the Period of Maintenance.
Provided always that a Certificate of Completion given in respect of any
section or part of the Permanent Works before completion of the whole
shall not be deemed to certify completion of any ground or surfaces
requiring reinstatement, unless such Certificate -shall expressly so state, Definition of
Period of
Maintenance
Execution of
Work of Repair, ete.
Cost of Execution
of Work of Repair
etc,
Remedy on
Contractor's
Failure to carry
out Work required
Contractor to
Search
MAINTENANCE AND DEFECTS
49. (1) In these Conditions the expression “Period of Maintenance" shall mean
2 Period of 365 days calculated from the date of completion of the Works,
certified by the Engineer in accordance with Clause 48 hereof, or, in the
event of more than one certificate having been issued by the Engineer
under the saiei Clause, from the respective dates so certified and in relation
to the Period of Maintenance the expression “the Works" shall be construed
accordingly. Provided that, if any outstanding work is to be finished during
the Period of Maintenance, in accordance with Clause 48() ), the Period of
Maintenance for this work shall commence from the date of thet,
Pletion as certified in writing by the Engineer to the Employer.
(2) To the extent that the Works shall at or as soon as practicable after the
expiration of the Period of Maintenance be delivered to the Employer in
the condition required by the Contract, fair wear and tear excepted, to the
satisfaction of the Engineer, the Contractor shall finish the work, if any,
outstanding at the date of completion, as certified under Clause 48 hereof,
2s soon as practicable after such date and shall execute all such work of
repair, amendment, reconstruction, rectification and making good de ects,
imperfections, shrinkages or other faults as may be required of the Con.
actor in writing by the Engineer during the Period of Maintenance, or
within fourteen days after its expiration, as aresult of an inspection made
by or on behalf of the Engineer prior to its expiration,
(S) All such work shall be carried out by the Contractor at his own expense
unless he can prove to the satisfaction of the Enginoor that such work was
not due to the use of materials or workmanship not in accordance with
the Contract, or to neglect ot failure on the part of the Contractor to com.
ply with any obligation, expressed or implied, on the Contractor's part
under the Contract, If, in the opinion of the Engineer, such necessity shall
be due to any other cause, the value of such work shall be ascertained and
aid for asif it were additional work.
(4) IF the Contractor shall fail to do any such work as aforesaid required by
the Engineer, the Employer shall be entitled to employ and pay other
Persons to carry out the same and if such work is work which, in the
opinion of the Engineer, the Contractor was liable to do at his own expense
under the contract, then all expenses consequent thereon or incidental
thereto shall be recoverable from the Contractor by the Employer, or may
be deducted by the Employer from any monies due or which mey become
due to the Contractor,
$0. The Contractor shall, if required by the Engineer in writing, camry out such
Searches, tests or trials as may be necessary to determine the cause of any
defect, imperfection or fault under the direction of the Engineer. Unless such
defect, imperfection or fault shall be one for which the Contractor i liable
under the Contract, the cost of the work carried out by the Contractor as
aforesaid shall be bome by the Employer, If such defect, imperfection or fault
shall be one for which the Contractor is lizble 2s aforesaid, the cost of the work »Sarted out as aforesaid, shall.bp borne by, the Contractor and he shall in such
4i6), aid make good such defect, imperfection or fault at his own
‘accordance with the provisions of Clause 49 hereof.
DORE -
ALTERA’ TIONS, ADDITIONS AND OMISSIONS
Variations 51. (1) The Engineer shall make any variation of the form, quality or quantity of
the Works or any part thereof that may have been approved by the Em-
ployer and he shall have power to order the Contractor to do and the Con-
tractor shall do any of the following : -
(a) increase or decrease the quantity of any work included in the Contract,
(b) omit any such work,
(c) change the character or quality or kind of any such work,
(d) change the levels, lines position and dimensions of any part of the
Works, and
(e) execute additional-work of any kind necessary for the completion of
the Works
and no such variation shall in any way vitiate or invalidate the Contract,
but the value, if any, of all such variations shall be taken into account in
ascertaining the amount of the Contract Price.
Orders for (2) No such variations shall be made by the Contractor without an order in
Variations to be writing of the Engineer, However, as provided for under Clause 55 no order
in Writing in writing shall be, required for an increase or decrease not exceeding five
per cent in the total quantity of the works where such increase or decrease
is not the result of an order given under this Clause, but is the result of the
quantities exceeding or being less than those stated in the Bill of Quantities.
Provided also that if for any reason the Engineer shall consider it desirable
to give any such order verbally, the Contractor shall comply with such
order and any confirmation in writing of such verbal order given by the
Engineer, whether before or after the carrying out of the order, shall be
deemed to be an order in writing within the meaning of this Clause. Pro-
vided further that if the Contractor shall within seven days confirm in
writing to the Engineer and such confirmation shall not be contradicted in
writing within fourteen days by the Engineer, it shall be deemed to be an
order in writing by the Engineer,
Valuation of 52. (1) All extraor additional work done or work omitted by order of the Engineer
Variations shall be valued at the rates and prices set out in the Contract if, in the
: opinion of the Engineer, she same shall be applicable. If the Contract does
not contain any rates or prices applicable to the extra or additional work
then suitable rates or prices shall be agreed upon between the Engineer and
the Contractor. In the event of disagreement the Engineer shall fix such
rates or prices as shall, in his opinion, be reasonable and proper.
36 Power of
Engineer to
Fix Rates
Variations
Exceeding
10 per cent
Dayworks
(2) Provided that if the nature or amount of any omission or addition relative
to the nature or amount of the whole of the Works or to any part thereof
shall be such that, in the opinion of the Engineer, the rate or price con-
tained in the Contract for any item of the Works is, by reason of such omi-
ssion or addition, rendered unreasonable or inapplicable, then a suitable
rate or price shall be agreed upon between the Engineer and the Contractor.
In the event of disagreement the Engineer shall fix such other rate or price
as shall, in his opinion, be reasonable and proper having regard to the
circumstances,
Provided also that no increase or decrease under sub-clause (1) of this
Clause oF variation raie ov price under sub-clause (2) of this Clause shall
be made unless, as soon after the date of the order as is practicable but not
later than seven days and in the case of extra or additional work, before
the commencement of the work or as soon thereafter as is practicable but
not later than seven days notice shall have been given in writing : — :
(a) by the Contractor to the Engineer. of his intention to claim extra
payment or a varied rate or price,
(b) by the Engineer to the Contractor of his intention to vary a rate or
Price.
(3) If, on certified completion of the whole of the Works it shall be found that
a reduction or increase greater than ten per cent of the Contract Value
excluding all provisional sums and allowance for dayworks, and adjust-
‘ments of price made under Clause 70 (1) hereof if any, results from
(a) the aggregate effect of all Variation Orders, and/or
(6) all adjustments upon measurement of the estimated quantities set out
in the Bill of Quantities,
but not from any other cause, the amount, beyond ten per cent of the
said adjusted Contract Value shall be subject to amendment by such sum as
may be agreed between Contractor and the Engineer or, failing agreement,
fixed by the Engineer having regard to all material and relevant facwrs,
including the Contractor's Site and general overhead costs of the Contract.
(4) The Engineer may, if, in his opinion it is necessary or desirable, order in
writing that any additional or substituted work shall be executed on a
daywork basis. The Contractor shall then be paid for such work under the
conditions set out ia the Daywork Schedule, if any, included in the Con-
trast and at the rates and prices affixed thereto by him in his Tender,
The Contractor shall furnish to the Engineer such receipts or other
vouchers es may be necessary to prove the amount paid and, before ordo-
ring materials, shal’ submit to the Engineer quotations for the same for his
approval. . Claims
Plant, etc.,
Definitions
In respect of all work executed on a daywork basis, the Contractor
“shall, during the continuance of such work, deliver each day to the Engineer's
Representative an exact list in duplicate of the names, occupation and time
of all workmen employed on such work and a statement, also in duplicate,
showing the description and quantity of all materials and plant used there.
on or therefor (other than plant which is included in the percentage
addition in accordance with the Schedule hereinbefore referred to). One
copy of each list and statement. will, if correct, or when agreed, be signed
by the Engineer's Representative and retumed to the Contractor.
At the end of each month the Contractor shall deliver to the Engineer's
Representative a priced statement of the labour, material and plant, except
as aforesaid, used and the Contractor shall not be entitled to any payment
unless such lists and statements have been fully and punctually rendered.
Provided always that if the Enginoer shall consider that for any reason the
sending of such lists or statements by the Contractor, in accordance with
the foregoing provision, was impracticable he shall nevertheless be entitled
to authorise provisional payment for such work, either as daywork, on being
satisfied as to the time employed and plant and materials used on such work,
or at such value therefor as shall, in his opinion, be fair and reasonable.
(5) The Contractor shall send to the Engineer's Representative once in every
month an account giving particulars, as full and detailed as possible, of all
claims for any additional payment to which the Contractor may consider
himself entitled and of all extra or additional work ordered by the Engineer
which he has executed during the preceding month,
No final or interim claim for payment for any such work or expense
will be considered which has not been included in such particulars. Provided
always that the Engineer shall be entitled to authorise payment to be made
for any such work or expense, notwithstanding the Contractor's failure to
comply with this condition, if the Contractor has, at the earliest practicable
opportunity, notified the Engineer in writing that he intends to make a
claim for such work and has, as soon as is practicable thereafter sent
detailed particulars of the claim.
Provided that no claim of the Contractor shall -be admissible on
account of escalation of prices of materials, labour, fuel, machinery and
any other items of costs except those provided for explicitly in Clause 70
hereof, due to variation by legislation of the Sultanate of Oman after the
date of the Letter of Acceptance.
PLANT, TEMPORARY WORKS AND MATERIALS
53.
(1) For the purpose of this Clause : —
(2) the expression “Plant” shall mean any Construction Plant, Temporary
Works and materials for Temporary Works but shell exclude any
vehicles engaged in transporting any labour, plant or materials to or
from the Site; Vesting of Plant
Conditions and
Hire of Plant
Costs for
Purposes of
Clause 63,
Notification of
lant Ownership
Hire and Hire
Purchase
Payments by
Employer
fb) the expression “Hired Plant” shall mean any Plant held by the Con-
wactor under any agreement for hire thereof;
(c) the expression “Agreement for Hire” shall be deemed not to include
an agreement for hire purchase;
(d) the expression “Hire Purchase Plant” shall mean any Plant held by
the Contractor under an agreement for the hire purchase thereof,
(2) All plant, goods and materials owned by the Contractor or by any com:
any in which the Contractor has a controlling interest shall, when on the
of Hire Purchase Plant on the Sive on its becoming
the property of the Contractor) be deemed to be exclusively intended
for the execution of the Works and to be the property of the Employer.
Sie (or in the
(5) With a view to securing in the event of a forfeiture under Clause 63 hereof
the continued availability for the purpose of executing the Works of any
of Hired Plant the Contractor shall not bring on the Site any Hired Plant
unless there is an Agreement for the hire thereof which contains a pro-
vision that the owner thereof will on request in writing made by the Em.
ployer within seven days after the date on which any such forfeiture has
become effective and on the Employer undertaking to pay all hire charges
in respect thereof from such date hire such Hired Plant to the Employer
on the same terms in all respects as the same was hired to the Contractor
save that the Employer shall be entitled to permit the use thereof by any
other contractor employed by him for the purpose of completing the
Works under the terms of the said Clause 63.
(A) In the event of the Employer entering into any agreement for the hire of
Hired Plant pursuant to sub-clause (5) of this Clause all sums properly paid
by the Employer under the provisions of any such agreement and all
expenses incurred by him in entering into such agreement shall be deernued
for the purpose of Clause 63 to be part of the cost of completing the
Works.
(5) The Contractor shall upon request madé by the Engineer at any time in
relation to any Plant forthwith notify to the Engineer in writing the name
and address of the owner thereof and shall in the case of Hired Plant
certify that the agreement for the hire thereof contains a provision in
accordance with the requirements of sub-clause (3) of this Clause. The
Contractor shall also upon request as aforesaid give a like notification (but
without certification) in regard to any Hire Purchase Plant. The Contractor
shall upon request made by the Engineer provide the Engineer with a true
copy of such agreements,
(6) The Employer shall in order to avoid seizure by the owner of any Hired or
Hire Purchase Plant be entitled to pay to such owner the amount of any
overdue instalment or other sum payable under any agreement relating
to such Plant and in the event of his so doing any amount paid by him
shall be a debt due from the Contractor to the Employer and shall be
39
= nee
Inremovibility of
Plant, etc.
Revesting and
Removalof
Plants, etc.
Disposal of
Liability or Loss
or Injury to Plant
Incorporation of
Clause in Sub-
Contracts
Port Dues
deductable or recoverable by the Employer from any monies due or that may
Become due to the Contractor under the Contract or may be recovered by the
Employer from the Contractor at law.
(7) No Plant goods or materials or any part thereof shall be removed from the
Site without the written consent of the Engineer, which consent shall not
be unreasonably withold where the same are no longer immediately required
for the purposes of the completion of the Works, but the Employer will
permit the Contractor the exclusive use of all such Plant goods and mate
tials in and for the completion of the Works until the occurence of any
event which gives the Employer the right to exclude the Contractor from
the Site and proceed with the completion of the Works
(8) Upon the removal of any such Plant, goods or materials as have been
deemed to have become the property of the Employer under sub-clause (2)
of this Clause with the consent as aforesaid the property therein shall be
deemed to revest in the Contractor and upon completion of the Works the
property in the remainder of such Plant, goods and materials as aforesaid
shall, subject to Clause 63, be deemed to revest in the Contractor who shall
remove tt? same,
(9) If the Contractor shall fail to remove any such Plant, goods or materials as
required pursuant to Clause 33 within such reasonable time after completion
of the Works as may be allowed by the Engineer then the Employer may : ~
(a) sell any which are the property of the Contractor and
(b) return any not the property of the Contractor to the owner thereof at
the Contractor's expense;
and after deducting from any proceeds of sale the costs charges and expen-
ses of and in connection with such sale and of and in connection with the
return as aforesaid shall pay the balance (if any) to the Contractor but to
the extent that the proceeds of the sale are insufficient to meet all such
costs the excess shall be a debt due from the Contractor to the Employer
and shall be deductible or recoverable by the Employer accordingly as
aforesaid.
(10) The Employer shall not at any time be liable for the loss or damage to any
of the Plant, goods or materials which have been deemed to become the
property of the Employer under sub-clause (2) of this Clause save as
mentioned in Clauses 20 and 65.
(11) The Contractor shall where entering into any sub-contract for the execu-
tion of any part of the Works incorporate in such sub-contract (by refer-
ence or otherwise) the provisions of this Clause in relation to Plant, goods
or materials brought on to the Site by the sub-contractor.
(12) The Contractor shall pay all Port Dues, Customs Duties, import Duties,
Landing Charges and other expenses in connection with the shipment and
49
torent osr at rican endnote ant neat 3 w eveessmmearaucensintnninlitiemseincemea 3 : Janding of Plant, goods and inaterials for use in connection with the Works
brought into and despatched from the Sultanate of Oman.
Reexport of (13)In respect of any Constructional Plant which the Contractor shall have
Flant imported for the purpose of the Works, the Employer will assist the Con-
tractor, where required, in procuring any necessary Government consent
for the re-export of such Constructional Plant by the Contractor upon
the removal thereof as aforesaid.
Customs (14) The Employer will assist the Contractor, where required, in obtaining clear-
Clearance ance through the Customs of Constructional Plant, materials and other
things required for the Works,
pproval of 54. The operation of Clause 53 hereof shall not be deemed to imply any approval
terials, eto, by the Engineer of the materials or other matters referred to therein nor shall it
not implied prevent the rejection of any such materials at any time by the Engineer,
QUANTITIES
Estimated * $5. (1) The quantities set out in the Bill of Quantities are the estimated quantities
Quantities of the work, but they are not to be taken as the actual and correct quan-
tities of the Works to be executed by the Contractor in fulfilment of his
obligations under the Contract. The quantities may vary conforming to the
actual site conditions, due to errors or omissions in the original Bill of
Quantities, and on account of variations. Such errors in, omissions from, or
variation to the Bill of Quantities shall not in any way vitiate or invalidate
the Contract, nor shall the Contractor be entitled to any claim whatsoever
except as provided in Clauses 51 and 52 hereof,
Works to be (2) The Engineer shall, except as otherwise stated, ascertain and determine by
easured measurement the value in terms of the Contract of work done in accordance
with the Contract, He shall, when he requires any part or parts of the
Works to be measured, give notice to the Contractor's authorised agent or
representative, who shall forthwith attend or send a qualified agent to
assist the Engineer or the Engineer's Representative in making such measur-
ment, and shall furnish all particulars required by either of them. Should
the Contractor not attend, or neglect or omit to send such agent, then the
measurement made by the Engineer ot approved by him shall be taken to
be the correct measurement of the work. For the purpose of measuring
such permanent work as is to be measured by records and drawings, the
Engineer's Representative shall prepare records and drawings month by
month of such work and the Contractor, as and when called upon to do so
in waiting, shall, within fourteen days, attend to examine and agree such
records and drawings with the Engineer's Representative and shall sign the
same when so agreed. If the Contractor does not so attend to examine and
egree such records and drawings, they shall be taken to be correct. If, after
examination of such records and drawings, the Contractor does not agree
the same or does not sign the same as agreed, they shall nevertheless be
taken to be correct, unless the Contractor shall, within fourteen days of
such examination, lodge with the Engineer's Representative, for decision
*(Delete where not eppliceble)
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