Silver 2017-11-15 PDF

L A R E N E G all necessary precautions to keep Contractor’s Equipment and Contractor’s Personnel within the Site and these additional areas, and to keep them off adjacent land. S N O I T I D N O C At all times, the Contractor shall keep the Site free from all unnecessary obstruction, and shall properly store or remove from the Site any Contractor’s Equipment (subject to 4.17 [Contractor’s Equipment]) and/or surplus materials. The Contractor shall promptly clear away and remove from the Site any wreckage, rubbish, hazardous waste and Temporary Works which are no longer required. E C N A D I U G Promptly after the issue of a Taking-Over Certiﬁcate, the Contractor shall clear away and remove, from that part of the Site and Works to which the Taking-Over Certiﬁcate refers, all Contractor’s Equipment, surplus material, wreckage, rubbish, hazardous waste and Temporary Works. The Contractor shall leave that part of the Site and the Works in a clean and safe condition. However, the Contractor may retain at locations on the Site agreed with the Employer, during the DNP, such Goods as are required for the Contractor to fulﬁl obligations under the Contract. S M R O F 4.23 rg .o ic d fi. w w w T A E L A S R O F L A N I G IR O E L B A T IN R P T O N D N A E S U T C A R T N O C R O F T O N m r fo t la p is x e N is x e L e th in h it w n o ti u b rit s i d r o f d e t c rit s e r s i t n e m u c o d Archaeological and Geological Findings All fossils, coins, articles of value or antiquity, and structures and other remains or items of geological or archaeological interest found on the Site shall be placed under the care and authority of the Employer. The Contractor shall take all reasonable precautions to prevent Contractor’s Personnel or other persons from removing or damaging any of these ﬁndings. The Contractor shall, as soon as practicable after discovery of any such ﬁnding, give a Notice to the Employer in good time to give the Employer opportunity to promptly inspect and/or investigate the ﬁnding before it is disturbed. This Notice shall describe the ﬁnding and the Employer shall issue instructions for dealing with it. If the Contractor suffers delay and/or incurs Cost from complying with the Employer’s instructions, the Contractor shall be entitled subject to Sub-Clause 20.2 [Claims For Payment and/or EOT ] to EOT and/or payment of such Cost. 5 Design 5.1 General Design The Contractor shall be deemed to have scrutinised, prior to the Base Date, the Employer’s Requirements (including design criteria and calculations, if Obligations any). The Contractor shall carry out, and be responsible for, the design of the Works and for the accuracy of such Employer’s Requirements (including design criteria and calculations), except as stated in this Sub-Clause below. Design shall be prepared by designers who: (a) is h T 32 © FIDIC 2017 are engineers or other professionals, qualiﬁed, experienced and competent in the disciplines of the design for which they are responsible; Conditions of Contract for EPC/Turnkey Projects (b) comply with the criteria (if any) stated in the Employer’s Requirements; and (c) are qualiﬁed and entitled under applicable Laws to design the Works. The Employer shall not be responsible for any error, inaccuracy or omission of any kind in the Employer’s Requirements as srcinally included in the Contract and shall not be deemed to have given any representation of accuracy or completeness of any data or information, except as stated in this Sub-Clause below. Any data or information received by the Contractor, from the Employer or otherwise, shall not relieve the Contractor from the Contractor’s responsibility for the execution of the Works. However, the Employer shall be responsible for the correctness of the following portions of the Employer’s Requirements and of the following data and information provided by (or on behalf of) the Employer: (a) portions, data and information which are stated in the Contract as being immutable or the responsibility of the Employer, (b) deﬁnitions of intended purposes of the Works or any parts thereof, (c) criteria for the testing and performance of the completed Works, and (d) rg .o ic d fi. w w w T A E L A S R O F L A N I G IR O E L B A T IN R P T O N D N A E S U T C A R T N O C R O F T O N m r fo t la p is x e N is x e L e th in h it w n o ti u b rit s i d r o f d e t c rit s e r s i t n e m u c o d portions, data and information which cannot be veriﬁed by the Contractor, except as otherwise stated in the Contract. 5.2 Contractor’s Documents The Contractor’s Documents shall comprise the documents: (a) speciﬁed in the Employer’s Requirements (if any); (b) required to satisfy all permits, permissions, licences and otherunder regulatory approvals which are the Contractor’s responsibility Sub-Clause 1.12 [Compliance with Laws]; and (c) 5.2.1 described in Sub-Clause 5.6 [As-Built Records] and/or Sub-Clause 5.7 [Operation and Maintenance Manuals], where applicable. Preparation by Contractor Unless otherwise stated in the Employer’s Requirements, the Contractor’s Documents shall be written in the language for communications deﬁned in Sub-Clause 1.4 [Law and Language]. The Contractor shall prepare all Contractor’s Documents, and any other documents necessary to complete and implement the design during execution of the Works and to instruct the Contractor’s Personnel. 5.2.2 Review by Employer In this Sub-Clause 5.2.2: - “Review Period” means the period not exceeding 21 days, or as otherwise stated in the Employer’s Requirements, calculated from the date on which the Employer receives a Contractor’s Document and a Contractor’s Notice; - is h T General Conditions © FIDIC 2017 “Contractor’s Document” excludes any of the Contractor’s Documents which is not speciﬁed in the Employer’s Requirements or these Conditions as being required to be submitted for Review, but includes all documents on which a speciﬁed Contractor’s Document relies for completeness; and 33 L A R E N E G E C N A D I U G S M R O F S N IO T I D N O C L A R E N E G - S N O I T I D N O C “Contractor’s Notice” means the Notice which shall state that the relevant Contractor’s Document is considered by the Contractor to be ready for Review under this Sub-Clause 5.2.2 and for use, and that it complies with the Employer’s Requirements and these Conditions, or the extent to which it does not do so. If the Employer’s Requirements or these Conditions specify that a Contractor’s Document is to be submitted to the Employer for Review, it shall be submitted accordingly, together with a Contractor’s Notice. E C N A D I U G The Employer shall, within the Review Period, give a Notice to the Contractor: (a) of No-objection (which may include comments concerning minor matters which will not substantially affect the Works ); or (b) S M R O F that the Contractor’s Document fails (to the extent stated) to comply with the Employer’s Requirements and/or the Contract, with reasons. If the Employer gives no Notice within the Review Period, the Employer shall be deemed to have given a Notice of No-objection to the Contractor’s Document (provided that all other Contractor’s Documents on which that Contractor’s Document relies (if any) have been given, or are deemed to have been given, a Notice of No-objection). rg .o ic d fi. w w w T A E L A S R O F L A N I G IR O E L B A T IN R P T O N D N A E S U T C A R T N O C R O F T O N m r fo t la p is x e N is x e L e th in h it w n o ti u b rit s i d r o f d e t c rit s e r s i t n e m u c o d If the Employer instructs that further Contractor’s Documents are reasonably required to demonstrate that the Contractor’s design complies with the Contract, the Contractor shall prepare and submit them promptly to the Employer at the Contractor’s cost. If the Employer gives a Notice under sub-paragraph (b) above, the Contractor shall: (i) revise the Contractor’s Document; (ii) (iii) resubmit it to the Employer for Review in accordance with this Sub-Clause 5.2.2, and the Review Period shall be calculated from the date that the Employer receives it; and not be entitled to EOT for any delay caused by any such revision and resubmission and/or by subsequent Review by the Employer. If the Employer incurs additional costs as a result of such resubmission and subsequent Review, the Employer shall be entitled subject to Sub-Clause 20.2 [Claims For Payment and/or EOT] to payment by the Contractor of the costs reasonably incurred. 5.2.3 Construction Except for Contractor’s Documents under Sub-Clause 5.6 [ As-Built Records] and Sub-Clause 5.7 [Operation and Maintenance Manuals], for each part of the Works requiring Contractor’s Documents to be submitted for Review: is h T 34 © FIDIC 2017 (a) construction of such part shall not commence until a Notice of No-objection is given (or is deemed to have been given) by the Employer for all the Contractor’s Documents which are relevant to its design and execution; (b) construction of such part shall be in accordance with these Contractor’s Documents; and (c) the Contractor may modify any design or Contractor’s Documents which have previously been submitted for Review, by giving a Notice to the Employer with reasons. If the Contractor has commenced Conditions of Contract for EPC/Turnkey Projects construction of the part of the Works to which such design or Contractor’s Documents are relevant: (i) (ii) work on this part shall be suspended; the provisions of Sub-Clause 5.2.2 [ Review by Employer] shall apply as if the Employer had given a Notice in respect of the Contractor’s Documents under sub-paragraph (b) of Sub-Clause 5.2.2; and (iii) work on this part shall not resume until a Notice of No-objection is given (or is deemed to have been given) by the Employer for the revised documents. 5.3 Contractor’s Undertaking The Contractor undertakes that the design, the Contractor’s Documents, the execution of the Works and the completed Works will be in accordance with: (a) the Laws of the Country; and (b) the documents forming the Contract, as altered or modiﬁed by Variations. 5.4 rg .o ic d fi. w w w T A E L A S R O F L A N I G IR O E L B A T IN R P T O N D N A E S U T C A R T N O C R O F T O N m r fo t la p is x e N is x e L e th in h it w n o ti u b rit s i d r o f d e t c rit s e r s i t n e m u c o d Technical Standards The Contractor’s Documents, the execution of the Works and the completed Works (including defects remedied by the Contractor) shall comply with the Country’s technical standards, building, construction and environmental Laws, Laws applicable to the product being produced from the Works, and other standards speciﬁed in the Employer’s Requirements, applicable to the Works, or deﬁned by applicable Laws. and Regulations All these technical or other standards and Laws shall, in respect of the Works, and each Section, be those in force when the Works or Section are taken over under Clause 10 [Employer’s Taking Over]. References in the Contract to published standards shall be understood to be references to the edition applicable on the Base Date, unless stated otherwise. If changed or new applicable standards come into force in the Country after the Base Date, the Contractor shall promptly give a Notice to the Employer and (if appropriate or requested by the Employer) submit proposals for compliance. To the extent that: (a) the Employer considers that compliance is required and such compliance requires change(s) to the execution of the Works; and (b) the Contractor’s proposals for compliance constitute a Variation; then the Employer shall initiate a Variation in accordance with Clause 13 [Variations and Adjustments]. 5.5 If no training of employees of the Employer (and/or other identiﬁed personnel) by the Contractor is speciﬁed in the Employer’s Requirements, this Sub-Clause shall not apply. Training The Contractor shall carry out training of employees of the Employer (and/or other personnel identiﬁed in the Employer’s Requirements) in the operation and maintenance of the Works, and any other aspect of the Works, to the extent speciﬁed in the Employer’s Requirements. is h T General Conditions © FIDIC 2017 35 L A R E N E G E C N A D I U G S M R O F S N IO T I D N O C L A R E N E G If the Employer’s Requirements specify training which is to be carried out before taking-over, the Works shall not be considered to be completed for the purposes of taking-over under Sub-Clause 10.1 [ Taking Over the Works and Sections] until this training has been completed in accordance with the Employer’s Requirements. S N O I T I D N O C The timing of the training shall be as stated in the Employer’s Requirements (if not stated, as acceptable to the Employer). The Contractor shall provide qualiﬁed and experienced training staff, training facilities and all training materials as necessary and/or as stated in the Employer’s Requirements. E C N A D I U G 5.6 If no as-built records to be prepared by the Contractor are speciﬁed in the Employer’s Requirements, this Sub-Clause shall not apply. As-Built Records S M R O F rg .o ic d fi. w w w T A E L A S R O F L A N I G IR O E L B A T IN R P T O N D N A E S U T C A R T N O C R O F T O N m r fo t la p is x e N is x e L e th in h it w n o ti u b rit s i d r o f d e t c rit s e r s i t n e m u c o d The Contractor shall prepare, and keep up-to-date, a complete set of “as-built” records of the execution of the Works, showing the exact as-built locations, sizes and details of the work as executed by the Contractor. The format, referencing system, system of electronic storage and other relevant details of the as-built records shall be as stated in the Employer’s Requirements (if not stated, as acceptable to the Employer). These records shall be kept on the Site and shall be used exclusively for the purposes of this Sub-Clause. The Contractor shall submit to the Employer under Sub-Clause 5.2.2 [Review by Employer]: (a) the as-built records for the Works or Section (as the case may be) before the commencement of the Tests on Completion; and (b) updated as-built records to the extent that any work is executed by the Contractor: (i) (ii) during and/or after the Tests on Completion, before the issue of any Taking-Over Certiﬁcate under Sub-Clause 10.1 [ Taking Over the Works and Sections ]; and after taking over under Sub-Clause 10.1 [ Taking Over the Works and Sections], before the issue of the Performance Certiﬁcate. The number of copies of as-built records to be submitted by the Contractor under this Sub-Clause shall be as required under Sub-Clause 1.8 [Care and Supply of Documents]. 5.7 Operation and If no operation and maintenance manuals to be prepared by the Contractor are speciﬁed in the Employer’s Requirements, this Sub-Clause shall not apply. Maintenance Manuals The Contractor shall prepare, and keep up-to-date, a complete set of operation and maintenance manuals for the Works (the “O&M Manuals” in these Conditions). The format and other relevant details of the O&M Manuals shall be as stated in the Employer’s Requirements and, in any case, these manuals shall: (a) be in sufﬁcient detail for the Employer to: (i) operate, maintain and adjust the Works to ensure that the performance of the Works, Section and/or Plant (as the case may be) continues to comply with the performance criteria speciﬁed in is h T 36 © FIDIC 2017 Conditions of Contract for EPC/Turnkey Projects

Silver 2017-11-15 PDF

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