Special Conditions

Part II
Table of contents
ARTICLE

PAGE

1.

GENERAL

2.

CONTRACT DRAWINGS

3.

DESIGN BY THE CONTRACTOR

4.

FINAL DRAWINGS

5.

SAMPLES

6.

TESTING OF MATERIALS AND EQUIPMENT

7.

QUALITY SYSTEM

8.

EXAMINATION OF WORK

9.

LEVEL DATUM

10.

CONTRACTOR`S ENGINEER / REPRESENTATIVE

11.

INTERFERENCE WITH ROADS AND BRIDGES

12.

INTERFERENCE WITH THE PUBLIC

13.

SECURITY OF THE WORKS

14.

CONTRACTOR TO KEEP SITE CLEAR

15.

SAFETY

16.

URGENT REPAIRS FOR SAFETY OF THE WORKS

17.

BASE CAMP FACILITIES

18.

OPERATION AND MAINTENANCE MANUALS

19.

SPARES

20.

ADDITIONAL WORKS

21.

CLEANING THE SITE

22.

NOTICES

Article 1: GENERAL
In addition to the General Conditions of Contract Part I the following Part II Conditions are
considered to be of special concern to the Contract.

Article 2: CONTRACT DRAWINGS

All drawings included in the tender shall be regarded or complete for tender purposes and Bidders
shall submit their prices on the basis of these Contract drawings, and revisions, etc. Any revisions
issued by the Administration Engineer to the Contractor during the progress of the works or
submitted by the Contractor and approved by the Administration Engineer shall be considered as
Contract drawings.
A complete set of all Codes and Standards used for the works shall be kept at Site and shall at all
reasonable times be available for inspection and use by the Administration Engineer and his
representatives.
Drawings, designs, specifications technical information and other documents of like nature supplied
to the Contractor by the Administration shall remain the property of the Administration and are to
be used by the Contractor solely for the purpose of the Contract. Upon final acceptance of the works
the Contractor shall, if so required by the Administration, return all such drawings, designs,
specifications, technical information and other documents.

Article 3: DESIGN BY THE CONTRACTOR

To the extent that the Contractor is responsible for the detailed and final design for part of the
Works it is understood that any specification, drawing or procedure provided to the Contractor by
the Administration is preliminary and as instructed by the Engineer.
Contractors detailed and final design and engineering services shall comply with the manifest
intent and general purpose performed by others, the Contractor shall notify the Administration at
once and the Administration will issue written instructions to be followed by the Contractor. If the
Contractor proceeds with any aspect of the Works in question, prior to receiving such written
instructions, all necessary corrections shall be made at the Contractors expense.

Notwithstanding any information supplied by the Contractor in his tender submission, or at any
time prior to award of Contract, the Contractors detailed final design, engineering and other
submissions including but not necessarily limited to, drawings, specifications, design calculations,
schedules, equipment lists and operation and maintenance manuals, will be reviewed and approved
by the Administration Engineer. The Administration Engineer shall approve submissions by the
Contractor or shall give any objections to unacceptable submissions, within 30 days from receipt of
the submission. The Administration Engineers review and approval of the Contractors final
design shall in no way relieve the Contractor from liability or responsibility for acceptable
performance. The Contractor shall be liable for errors or omissions, of any sort, occurring in the
Contractors final design, specifications, drawings, vendor drawings, manufacture, fabrication and
field installation. The Contractors submissions are to be in one reproducible and five copies of
approved drawings and six copies of all other documents. Preliminary submissions are to be copied
as instructed by the Administration Engineer.

Article 4: FINAL DRAWINGS

The Contractor as each section of the work is finished shall made accurate as built drawings of the
works. These drawings are to include any revisions to Contract Drawings and any amendments
made at the time of installation. The drawings are required in sufficient detail to present an accurate
record for the Administrations operation and maintenance personnel.
One preliminary copy of each drawing shall be submitted to the Administration Engineer for his
comment. After making any revisions required by the Administration Engineer, the final drawings
are to be submitted in one reproducible and five copies, the Administration Engineer will stamp and
sign the drawings and return one copy to the Contractor.

Article 5: SAMPLES
when required by the Administration Engineer the Contractor shall submit samples of the materials
and equipment he is proposing to use in the works. once samples are approved by the
Administration Engineer, or his representative, the samples shall be marked as approved by both the
Engineer and the Contractor and shall be kept on Site for comparison with the goods actually
supplied.

Article 6: TESTING OF MATERIALS AND EQUIPMENT

All materials, equipment and workmanship shall in accordance with the Administration Engineers
instructions be subjected from time to time to such tests as the Administration Engineer may direct
at the place of manufacture or fabrication or on the Site or at such other place as may be specified in
the Contract. The Contractor shall provide such assistance, instruments, machines, labour and
materials as are normally required for examining, measuring, testing and establishing the quality,
weight or quantity of any materials to be used.
The Contractor shall submit test certificates issued by an approved inspection office and they shall
be authenticated by the Chamber of Commerce and Libyan Consulate in the country of
manufacture. He shall include costs of sampling and tests in tender rates.
All travel, accommodation and subsistence costs of the Administration representatives involved in
inspection and testing at the Marks of the Contractor or his subcontractor or sub-suppliers shall be
borne by the Contractor.
The Administration Engineer and any person authorised by him shall at all times have access to the
Works and to all workshops and places where work is being prepared or from where materials,
manufactured articles or equipment are being obtained for the Marks and the Contractor shall afford
every facility for and every assistance in or in obtaining the right to such access.

Article 7: QUALITY SYSTEM

The Contractor shall establish a Quality System for the duration of the Contract which complies
with the requirement of:
ISO 9001 2000 Quality Management Systems

Article 8: EXAMINATION OF WORK

The Contractor shall afford full opportunity for the Administration Engineer to examine and check
dimensions of 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
Administration Engineer whenever any such work or foundations are ready or about to be ready for
examination and the Administration Engineer shall, without unreasonable delay, unless he considers

it unnecessary and advises the Contractor accordingly, attend for the purpose notified.

Article 9: LEVEL DATUM

The Contractor shall be responsible, before commencement of the Works, to obtain in writing from
the Administration Engineer the locations and value of all permanent bench marks to be used. The
Contractor shall construct temporary bench marks for each part of the Works duly referenced to the
permanent bench marks.
The Contractor shall provide the Administration Engineer with the necessary survey instruments
and accessories to check the setting out of the Works.
These instruments and accessories shall be maintained by and will remain the property of the
Contractor.

Article 10: CONTRACTORS ENGINEER/REPRESENTATIVE

The name and qualifications of the Contractors Engineer/Representative shall be subject to
approval by the Administration prior to his appointment. The Engineer/Representative shall not be
employed by the Contractor until approved of in writing by the Administration, such approval may
be withdrawn at anytime. If approval is withdrawn by the Administration, the Contractor shall, as
soon as practicable after receiving written notice, remove the Engineer/Representative from the
Works and replace him by another person approved by the Administration. The Contractor shall be
solely responsible for all actions of his Engineer/Representative.
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Article 11: INTERFERENCE WITH ROADS AND BRIDGES

The Contractor shall use every reasonable means to prevent any bf the highways, roads 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 subcontractors and in particular he shall select routes, choose and use
vehicles and restrict and distribute loads, so that any such traffic as will inevitably arise from the
moving of Equipment and Materials to and from Site shall be limited so far as reasonably possible
and so that no unnecessary damage or injury may be occasioned to such highway, roads and
bridges. The route and axial loads shall be approved by the relevant authorities.

Article 12: INTERFERENCE WITH THE PUBLIC

All operations necessary for the performance of the work shall, so far as compliance with the

requirements of the Contract permit, be carried on so as not to interfere unnecessarily or improperly

with the convenience of the public or access to or use of public or private roads or footpaths or
properties whether in the possession of the Administration or any other person and the Contractor
shall indemnify the Administration in respect of all claims, damages, cost and expenses whatsoever
arising out of or in relation to any such matters.

Article 13: SECURITY OF THE WORKS

The Contractor shall in connection with the works provide and maintain at his own cost all lights,
guards, fencing and watching when and where necessary or required by the Administration
Engineer, or by any duly constituted authority, for the protection of the works, or for the safety and
convenience of the public or others.

Article 14: CONTRACTOR TO KEEP SITE CLEAR

During the progress of the works the Contractor shall at all times keep the Site clear and orderly and
free from unnecessary obstruction and shall remove from the Site any trash or debris. Surplus
materials, equipment and spoil are to be stored or removed from site as instructed by the
Administration Engineer.

Article 15: SAFETY

The Contractor shall take full responsibility for the adequacy, stability and safety of all site
operations and methods of construction he shall at all times perform the work in a safe and secure
manner and actively practice safety throughout the term of the Contract and shall comply with the
applicable fire, safety and security regulations of Libya.

Article 16: URGENT REPAIRS FOR SAFETY OF THE WORKS

If, by reason of any accident, or failure, or other event occurring to in or in connection with the
works, or any part thereof, either during the execution of the works, or during the maintenance
period any remedial or other work or repair shall, in the opinion of the Administration Engineer, be
urgently necessary for the safety of the works and the Contractor is unable or unwilling at once to
do such work or repair, the Administration may employ and pay other persons to carry out such
work or repair as the Administration Engineer may consider necessary. If the work or repair so done
by the Administration is work which, in the opinion of the Administration, the Contractor was liable

to do at his own expense under the Contract, all expenses properly incurred by the Administration in
so doing shall be recoverable from the Contractor by the Administration or may be deducted by the
Administration from any monies due or which may become due to the Contractor. Provided always
that the Administration Engineer shall, as soon after the occurrence of any such emergency as may
be reasonably practicable, notify the Contractor thereof in writing.

Article 17: BASE CAMP FACILITIES

An area will be designated by the Administration for the Contractors base camp, workshops and
storage areas, within the total area, but set aside from the Contractors facilities, will be the
Administration Engineers office and residential accommodation. The whole area shall be enclosed
by a 2 meter high chain link boundary fence, which shall be adequately lit for the whole perimeter.
A gate and gatehouse shall be provided and is to be manned 24 hours per day. Prior to construction
the Contractor shall submit a comprehensive layout of the facilities for approval by the
Administration Engineer. This shall include details of services, electricity supply, water supply,
sewage disposal, camp roads, lighting, communications and security. Potable water shall be to the
local standard. The Contractor is to provide full janitorial services at the office and residence of the
Administration Engineer.
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Article 18: OPERATION AND MAINTENANCE MANUALS

Manuals are to be submitted not less than 90 days prior to the milestones set for commissioning of
the relevant section of the works. They are to contain brief logical and effective instructions and any
special conditions required for the day to day operation and maintenance of the equipment on site.

Article 19: SPARES

On completion of construction and prior to provisional acceptance of the works the Contractor shall
ensure that there are sufficient spare parts and consumable materials for the one year operation and
maintenance period.

Article 20: ADDITIONAL WORKS

The Administration shall have the right, during the Contract Period to order the Contractor to
execute additional work to a maximum of 15% of the total Contract Price. Provided the work
ordered is within the boundaries of the Site, payment for the work will be made in accordance with

the sums or prices stated in the Contract or as subsequently agreed by the Administration Engineer
and the Contractor, giving due regard to prevailing local and international prices.
If the work ordered is outside the boundaries of the Site then rates will be agreed by the
Administration Engineer and the Contractor giving due regard to prevailing local and international
prices.

Article 21: CLEANING THE SITE

The Contractor shall, after completion of the works and prior to provisional acceptance restore the
Site to its original condition and remove all wastes and debris prior to provisional acceptance of the
Project.

Article 22: NOTICES

Any notices to be given to the Contractor under the terms of the Contract shall be served in writing
by hand, to the Contractors authorized representative in Libya and by Fax to the Contractors
registered office.
Any notice to be given to the Administration under the terms of the Contract shall be served in
writing by hand, to the Administration Engineer and by Fax to the Administrations office.