CP 1b vol 2 EN

Sub-Clause 1.1.7.2 “Works Programme” means the programme showing the sequence, method and timing of investigations, design, issue of No Objection Notices, execution, manufacture, deliver

Tender Documents

for

Ho Chi Minh City Urban Railway Construction Project

Ben Thanh - Suoi Tien Section (Line 1)

Management Authority for Urban Railways

Ho Chi Minh City People’s Committee

Tender Documents

for

Ho Chi Minh City Urban Railway Construction Project

Ben Thanh - Suoi Tien Section (Line 1)

Volume 2

General Conditions of Contract

Particular Conditions of Contract and Schedules

Volume 3

Employer's Requirements - General

Employer's Requirements - Functional

Employer's Requirements - Design

Employer's Requirements - Construction

Employer’s Requirements - Manufacture, Installation and Testing

Employer’s Requirements - Particular Requirements

Employer's Requirements - Appendices

Tender Documents

for

Ho Chi Minh City Urban Railway Construction Project

Ben Thanh - Suoi Tien Section (Line 1)

GENERAL CONDITIONS OF CONTRACT

The General Conditions governing this Contract shall be the Conditions of Contract for EPC/Turnkey Projects, First Edition 1999 prepared by the Federation Internationale des Ingenieurs-Conseils (FIDIC)

The General Conditions of Contract (GCC) are linked with the Particular Conditions of Contract (PCC)

by the corresponding numbering of the Clauses, so that the GCC and the PCC together comprise the rights and obligations of the parties In the case of any discrepancy between the conditions contained

in the GCC and the PCC, the conditions contained in the PCC shall prevail over the GCC

A copy of the General Conditions will be attached prior to sale of the Tender Documents

Tender Documents

for

Ho Chi Minh City Urban Railway Construction Project

Ben Thanh - Suoi Tien Section (Line 1)

Ho Chi Minh City Urban Railway Construction Project Particular Conditions of Contract Ben Thanh - Suoi Tien Section (Line 1) Contract Package-1b: Civil (Underground Section from KM 0+615 to KM 2+360)

4.20 Employer’s Equipment and Free-issue Material 8

Particular Conditions of Contract

These Particular Conditions of Contract add, amend, modify or delete Clauses contained in the General Conditions of Contract, and shall take precedence over those contained in the General Conditions of Contract

GCC

Sub-Clause No.1.1

Definitions

Additional Sub- Clauses:

Sub-Clause 1.1.1.6 “Schedules”, “Annexures” and “Annexes” means the documents entitled Schedules, Annexures and Annexes completed by the Contractor and submitted with the Tender and as included in the Contract

Sub-Clause 1.1.1.7 “Design Data” means all specifications, plans, drawings, details, graphs, sketches, models, levels, setting-out dimensions, calculations duly checked by the Contractor and other documents relating to the design of the Works prepared or to be prepared by or on behalf of the Contractor

Sub-Clause 1.1.1.8 “Drawings” means the Employer’s Drawings and the Drawings submitted by the Contractor and any modification of such drawings as may be required

by the Design Review process

Sub-Clause 1.1.1.9 “Interim Payment Schedule” means the schedule included for each Cost Centre in the Pricing Document and accepted by the Employer to be used for interim payments in relation to achievement of milestones under that Cost Centre, as the same may be revised from time to time in accordance with Clause 13 of the General Conditions

Delete existing Sub-Clauses and replace with the following:

Sub-Clause 1.1.2.2 “Employer” means the Management Authority for Urban Railways and the legal successors in title

Sub-Clause 1.1.2.4 “Employer’s Representative” means the NJPT Association or as

appointed from time to time by the Employer under Sub-Clause 3.1 [Employer’s Representative] who acts on behalf of the Employer

Sub-Clause 1.1.2.11 Insert new Sub-Clause “Author Supervision” means the supervision

by the Designer, during the process of execution of building works aimed at ensuring that execution is correct in terms of the design

Sub-Clause 1.1.3.1 “Base Date” means the day 28 days prior to the submittal of Tenders

Sub-Clause 1.1.3.2 “Commencement Date” shall be the date given in the Employer’s

“Notice to Proceed” which means the notice issued by the Employer to the Contractor communicating the date on which the Works are to be commenced

Sub-Clause 1.1.3.3 “Time for Completion shall be 54 months (equivalent to 235 weeks)

after the Commencement Date, (with any extension under Sub-Clause 8.4 [Extension of Time for Completion]),

Sub-Clause 1.1.3.7 Defects Notification Period means the period of 104 weeks for notifying defects in the Works or a Section (as the case may be) under Sub-Clause 11.1 [Completion of Outstanding Work and Remedying Defects], with any extension under Sub-Clause 11.3 [Extension of Defects Notification Period]), calculated from the date on which the Works or Section is completed as certified under Sub-Clause 10.1 [Taking

Over of the Works and Sections]

Sub-Clause 1.1.4.1 “Contract Price” shall mean as follows;

i) “Base Contract Price” consists of Total of Cost Centre Amount plus Provisional Sums, and its amount shall be applied for

- Advance Payment, Advance Payment Bond,

- Performance Security,

- Delay Damage, Limit of Delay Damage, and Limit of Retention ii) “Total Contract Price” consists of Base Contract Price, VAT and Physical & Price Contingencies

Sub-Clause 1.1.4.4 “Foreign Currency” shall mean Japanese Yen

Sub-Clause 1.1 4 5 “Local currency” shall mean Vietnamese Dong

Sub-Clause 1.1.6.9 “Unforeseeable” means not reasonably foreseeable by an experienced contractor by the date of submission of the Tender

Sub-Clause 1.1.7.1 “Schedule of Milestones” means the schedule included in each Cost Centre in the Pricing Document, describing the Milestones and stipulating dates by which the Milestones are to be achieved under that Cost Centre in order to maintain interim payments by the Employer to the Contractor in accordance with the Interim Payment Schedule for that Cost Centre, as the same may be revised from time to time in accordance with the Contract

Sub-Clause 1.1.7.2 “Works Programme” means the programme showing the sequence, method and timing of investigations, design, issue of No Objection Notices, execution, manufacture, delivery to site, erection, installation, testing, commissioning of the Works (including Integrated Testing and Commissioning), and related activities in the form and content prescribed by the Employer’s Requirements, or any amended or varied version thereof, as submitted by the Contractor and for which the Employer’s Representative has issued a Notice of

No Objection

Sub-Clause 1.1.7.3 “Outline Environmental Plan” means the environmental plan

forming part of the Tender, setting out in summary form, the Contractor’s proposed means of complying with his obligations in relation to environmental management as prescribed in the Employer’s Requirements

Sub-Clause 1.1.7.4 “Outline Quality Plan" means the quality plan forming part of the

Tender, setting out in summary form, the Contractor’s proposed means of complying with his obligations in relation to quality assurance as prescribed in the Employer’s Requirements

Sub-Clause 1.1.7.5 “Outline Safety Plan” means the safety plan forming part of the Tender, setting out in summary form, the Contractor’s proposed means of complying with his obligations in relation to construction safety as prescribed in the Employer’s Requirements

1.4

Law and

Languages

Modify the Sub-Clause:

The Law shall be that of Vietnam In addition, all the relevant regulations and decisions issued by the Ho Chi Minh City People’s Committee shall be applicable

The Language of the Contract shall be English The Language for Communications shall be English and Vietnamese

Major Submissions including Progress Reports shall be in English and Vietnamese, but with regard to Drawings, Vietnamese translation will be required only for some drawings which need consent/approval of relevant authorities of Viet Nam

If there is discrepancy between English and Vietnamese or any other languages for communication and submission, English shall prevail

1.5

Priority of

Documents

Insert a final paragraph to this Sub-Clause:

The Form of Contract Agreement shall be in the format given in Schedule 1 to these Particular Conditions of Contract

1.8

Care and

Supply of

Documents

Delete the first line of the first paragraph and replace with:

Each of the Contractor’s Documents shall be in the custody and care of the Contractor until the Employer has issued the Performance Guarantee

1.13

Compliance with

Laws

Delete the first two lines and replace with:

The Contractor shall, in performing the Contract, comply with applicable Laws The Contractor is to note application of Decree 131/2006/ND-CP dated 09 November 2006 and in particular Article 2 – Basic principles of ODA Management and Utilisation – paragraph 5 Unless otherwise stated in the Particular Conditions:

The following sub-paragraph is added under sub-paragraph (b):

For obtaining the Construction Permit required by the Law on Construction in Vietnam, the application documents shall be prepared by the Contractor but the application to the competent authority shall be made through the Employer with his covering letter In the case where delay caused by the Authority in obtaining the Construction Permit for initial construction work, results in delay or disruption to the Project, the matter shall be referred to Sub-Clause 8.5 “Delay Caused by Authority”, thus shall be subject to Sub-Clause 8.4 “Extension of Time for Completion”

(d) by organizing official meetings with the relevant authorities

(e) by assigning specific personnel of the Employer to support the Contractor’s works which require approval/concurrence by the relevant authorities The Contractor is responsible for preparation of necessary documents and, if required, explanations to the relevant authorities to get Permits, Licenses or Approvals from the relevant authorities in the approval process

3.1

The Employer’s

Representative

Delete the first paragraph and replace with:

The Employer has appointed the the following Association as the Employer’s Representative to ack on his behalf under the Contract:

Name: NJPT Association, General Consultants Address: 35/11 D5 Street, Ward 25, Binh Thanh District, Ho Chi Minh City Telephone: (84.8) 3510 6428; Fax: (84.8) 3510 6726;

E-mail: njpt-p1@hcmc-mrt.com The Employer’s Representative will be authorized to deal with issues relevant to all technical matters, and all technical documents shall be submitted to the Employer’s Representative wih copy to the Employer

Other details will be notified after the Commencement Date

4.2

Performance

Security

Substitute the first sentence of the 2nd paragraph with the following:

The Contractor shall deliver the Performance Security to the Employer within 28 days of receipt of the Notification of Contract Award and before the Contract Agreement becomes effective

Insert the following Paragraph as a new third paragraph:

The Performance Security shall be for the sum of ten percent (10%) of ”Base Contract Price” stated in the Contract Agreement, and shall be expressed in the currencies and proportions in which the Contract Price is payable The Performance Security shall be forfeited if the Contractor refuses to execute the Contract after it becomes effective

Insert further three paragraphs at the end of the Sub-Clause:

The Contractor accepts entire responsibility for the Contractor's Technical Proposals, the Design Data, and for any mistake, inaccuracy, discrepancy or omission contained therein Nothing contained in the Contractor's Technical Proposals and the Design Data shall relieve the Contractor in any way from his obligations

The Contractor warrants to the Employer that:

(a) he has exercised and will continue to exercise in the design of the Works all the skill and care to be expected of a professionally qualified and competent designer experienced in work of similar nature and scope as the Works;

(b) the Works will, when completed, comply in all respects with the Employer's Requirements, the Contractor’s Technical Proposals, the Design Data and

the intended use of the Works;

(c) the Works have been or will be designed, manufactured, installed and otherwise constructed and to the highest standards available using proven up-to-date good practice;

(d) the Works will, when completed, comply with enactments and regulations relevant to the Works;

(e) no Materials generally known to be deleterious or not in accordance with good engineering practice have been or will be specified or selected or incorporated in the Works, by the Contractor

(f) the design of the Works and the manufacture of Plant have taken or will take full account of the effects of the intended manufacturing and installation methods, Temporary Works and Contractor's Equipment The Contractor shall not, under any circumstance, have or make any claim for additional payment or an extension of time or be relieved from any liability or obligation under the Contract, where the cause of delay, suspension, impediment to or adverse effect upon the progress of the Works is due to any mistake, inaccuracy, discrepancy or omission in or between the Contractor's Technical Proposals, the Technical Design, and the Construction Design, or any failure by the Contractor to prepare any Design Data or submit the same to the Employer's Representative in due time

(a) Subcontractors which the Contractor listed in their tender proposal are considered to be already approved by the Employer Therefore, it is not necessary to obtain further approval from the Employer for those subcontractors

(b) The Employer’s approval is needed only when the Contractor intends to add a first-tier subcontractor with whom the Contractor directly makes a subcontract

(c) In case the Contractor requests the Employer to approve such subcontractor, the Contractor shall submit necessary information such as the name of subcontractor and its scope of works, estimated subcontract value, together with the company’s profile/brochure which contains financial statement, technical capability and track records

(d) In addition, the Contractor shall also provide the updated similar information specified in the above © on the subcontractors referred in the above (a)

The Contractor shall not subcontract the whole of the Works and shall bear full responsibility for the acts or defaults of the Subcontractors, their agents or employees, as if they were the acts or defaults of the Contractor

Any payments to be made to Subcontractors will be deemed to have been included in the Contract Price

The Subcontractor shall not subcontract the whole of his work share to a third party

All of the above-mentioned conditions shall be included in the Contract between the Contractor and the Subcontractor, a copy of which shall be submitted to the Employer after its signing

4.6

Co-operation The following paragraph is added before the last paragraph

Upon written request by the Contractor and/or other interfacing contractor(s), the Employer’s Representative will, according to the actual requirements, organize interfacing meeting(s) for settlement of the outstanding interfacing issues, which have not been settled between the interfacing contractors by themselves

4.8

Safety Measures

Insert the following paragraph at the end of the Sub-Clause:

Within 45 days after the Commencement Date, the Contractor shall submit a detailed and comprehensive contract-specific Site Safety Plan The Site Safety Plan shall include detailed policies, procedures and Regulations which, when

implemented will ensure compliance with Sub-Clause 6.7 [Health and Safety] of

the General Conditions of Contract and compliance with the requirements of the Employer’s Requirements (Volume 3)

4.9

Quality

Assurance

Insert the following paragraphs at the end of the Sub-Clause:

Within 45 days after the Commencement Day, the Contractor shall submit to the Employer's Representative, for his consent, his proposed Quality Management System based on the Outline Quality Plan and the Employer's Requirements Any supplement to the Site Quality Plan shall be submitted at least 28 days before commencement of the relevant work

to all relevant matters, including (without limitation):

(a) the form and nature of the Site, including sub-surface conditions,

(b) the hydrological and climatic conditions, (c) the extent and nature of the work and Goods necessary for the execution and completion of the Works and the remedying of any defects, (d) the Laws, procedures and labour practices of the Country, and (e) the Contractor’s requirements for access accommodation, facilities, personnel, power, transport, water, and other services

4.11

Sufficiency of

the Contract

Price

Insert a new paragraph between the existing first and second paragraph:

The Contractor shall be deemed to have based the Contract Price on the data, interpretations, necessary information, inspections, examinations and satisfaction as to all relevant matters referred to in Sub-Clause 4.10 [Site Data] and any further data relevant to the Contractor’s design

4.12

Unforeseeable

Difficulties

Delete the whole Clause and replace with:

If during the execution of the Works the Contractor encounters physical obstructions or physical conditions, other than climatic conditions on the site, which obstructions or physical conditions were, in his opinion unforeseeable, the Contractor shall forthwith give notice thereof to the Employer’s Representative, with a copy to the Employer On receipt of such notice, the Employer’s Representative shall, if in his opinion the incident was unforeseeable then after due consultation with the Employer and the Contractor, determine:

(a) any extension of time to which the Contractor is entitled under Clause 8.4 [Extension of Time for Completion], and

(b) the amount of any costs which may have been incurred by the Contractor

by reason of such obstructions or conditions having been encountered, which shall be added to the Contract Price, and shall notify the Contractor accordingly, with a copy to the Employer Such determination shall take account of any instruction which the Employer’s Representative may issue

to the Contractor in connection therewith, and any proper and reasonable measures acceptable to the Employer’s Representative which the Contractor may take in the absence of specific instructions from the Employer’s Representative

4.13

Rights of Way

and Facilities

Insert the following at the end of the Sub-Clause:

Any work sites required by the Contractor outside the Right-of-Way (ROW) shall

be arranged by the Contractor after obtaining approvals of relevant authorities, and the relevant costs shall be borne by the Contractor

The Employer shall support the Contractor to obtain such approvals

4.14

Avoidance of

To the second paragraph add a third sub-paragraph (c):

(c) water borne traffic on inland waterways and rivers

Interference

4.15

Access Route

Insert the following paragraph at the end of the Sub-Clause:

If during the execution of the Works the Contractor shall receive any claim arising out of the execution of the Works in respect of damage to highways or bridges, he shall immediately report the facts to the Employer’s Representative The Contractor shall negotiate a settlement in respect of such claims and indemnify the Employer in respect of all claims, proceedings, damages, costs, charges and expenses in relation thereto, in accordance with GCC 17.1

4.18

Protection of the

Environment

Insert the following paragraph at the beginning of the Sub-Clause:

Outline Environmental Plan means the environmental plan forming part of the Tender, setting out, in summary form, the Contractor's proposed means of complying with his obligations in relation to environmental quality Site Environmental Plan means the site environmental plan including all supplements thereto, or any amended or varied version thereof, as submitted

by the Contractor in accordance with this Clause and which has received the Employer’s Representative’s consent The Site Environmental Plan shall include detailed policies, procedures and regulations which, when implemented, will ensure compliance with this Clause

At the end of the original Sub-Clause insert the following paragraphs:

Within 112 days after the Commencement Day, the Contractor shall submit a detailed and comprehensive Site Environmental Plan based on the Outline Environmental Plan

The form and content of the Site Environmental Plan shall be in accordance with the Employer’s Requirements and shall include such further material which the Contractor considers necessary and relevant

Upon the Employer's Representative notifying his consent to the Site Environmental Plan, or any supplemental part thereof, the Contractor shall adhere to the principles and procedures contained in such document save to the extent that the Employer's Representative may give his consent to any amended or varied version thereof

The Contractor shall provide all necessary access, assistance and facilities to enable the Employer's Representative and the Employer to monitor and conduct tests to verify that the Site Environmental Plan is being properly and fully implemented

4.19

Electricity,

Water and Gas

Delete the existing Sub-Clause and insert the following paragraphs:

The Employer will not provide any supplies of Electricity, Water or Gas The Contractor shall be responsible for the provision of all power, water and other services he may require

The Contractor shall provide reasonable opportunities for the use of the Contractor’s own temporary power and water supplies by the Interfacing Contractors, his own sub-contractors and other duly constituted authorities in response to requests for temporary power and water supplies in the

performance of their duties

Delete this Sub-Clause and insert the following paragraph:

The Employer shall not provide any equipment, machinery or materials under the Contract

The Contractor shall arrange the issue of passes for the admission of all persons and vehicles to the Site or to any part thereof and may refuse admission to or remove from the Site any person or vehicle failing to show an appropriate pass on demand to any duly authorised person

If required by the Employer's Representative, the Contractor shall submit a list identifying all persons to whom passes have been issued together with two photographs of each person and all entities to which a pass has been issued in respect of any vehicle and shall satisfy the Employer's Representative of the sincerity of any such person or entity

The Contractor shall not, without the written permission of the Employer's Representative or otherwise in accordance with the Contract, allow access to the Site to any person unless the presence on Site of such person is necessary

in connection with the execution of the Works or with the discharge of the duties

of any relevant authority

4.23

Contractor’s

Operations on

Site

Insert the following paragraph at the beginning of the sub-clause:

For the purposes of this Sub-Clause only, "Site" shall include off-Site places of manufacture or storage and the Contractor's Work Areas and shall include, areas provided to the Contractor by others

Insert the following two paragraphs between the second and third paragraphs of the original Sub-Clause:

The Contractor, after obtaining any necessary consent from any relevant authority, shall submit to the Employer's Representative proposals showing the layout of pedestrian routes, lighting, signs, and guarding any road opening or traffic diversion which may be required in connection with the execution of the Works and which the Contractor intends to construct Any consent given by the Employer's Representative to such proposals shall not relieve the Contractor of any obligation under the Contract or absolve the Contractor from any liability for

or arising from such proposals or the implementation thereof

The Contractor shall also consult with any relevant authority and shall take all reasonable and proper steps for protecting, securing, lighting and watching all places on or about the Works and the Site which may be dangerous to workers

or any other person whomsoever All lights provided by the Contractor shall be

so placed or screened as not to interfere with signs, signals or lights The Contractor shall not in any way obscure or affect signs, signals or lights, in use

by any relevant authority In the event that the Contractor does so, the Contractor shall pay all costs associated with the re-siting, re-instating or provision of alternatives for any sign, signal or light, obscured or affected

5.1

General Design

Obligations

Insert the following three paragraphs at the end of the Sub-Clause:

The horizontal alignment of the system as shown in the Employer’s Requirements shall be fixed

The Contractor shall employ the Designer who shall undertake and prepare the design of the Permanent Works and Temporary Works Design Data shall be prepared by or under the supervision of the Designer The Designer shall satisfy himself that the Design Data, in the case of submissions up to and including the proposed Design, comply with the Employer's Requirements and is in accordance with, and incorporates the Contractor's Technical Proposals Each Design Submittal shall be accompanied by a Design Certificate signed by the Designer and counter-signed by the Contractor

The Contractor shall note that he shall introduce at his own cost an enhanced design quality assurance programme “Third Party Verification System” for the major civil structures and system designs required for this complex urban railway project as specified in the Employer’s Requirements (Volume 3)

The following sub-paragraph (e) is added under Sub-Paragraph (d) in GCC 5.1: (e) The survey measurement and testing results (but not the interpretation of the same) obtained through geological surveys and investigations such

as core drillings and laboratory tests carried out by the General Consultant in year 2008

5.3

Contractor’s

Undertaking

Replace the whole of the Sub-Clause with the following:

In preparing the design and the Contractor’s Documents the Contractor is deemed to have understood the process, procedures and requirements of all

Laws, [as defined in Sub-Clause 1.1.6.5], consulted with affected statutory

authorities and that the execution and the completed Works will be in accordance with:

(a) the Laws of Vietnam, and (b) the documents forming the Contract, as altered or modified by Variations The Contractor undertakes that he has studied the Vietnamese Design Approval procedure The Contractor is aware that the submission of each Design Submittal may include submissions to the relevant authorities which shall be in addition to those submitted to the Employer’s Representative

5.5

Training

Add new paragraph at the end of the Sub-Clause Training and Maintenance requirements shall be carried out as described in the Employer’s Requirements-General and also Appendices 19 and 20 to the Employer’s Requirements

5.6

As-Built

Documents

Add new fourth paragraph to the Sub-Clause:

The Contractor undertakes that he has studied the Vietnamese regulations relevant to the preparation of As-Built Documents The Contractor is aware that the submission will include submissions to relevant authorities which shall be in addition to those submitted to the Employer’s Representative

6.5

Working hours

Supplement Sub-Clause with the following:

For the purpose of this Contract, multiple shifts involving work at night and locally recognized days of rest, or outside normal working hours will be permitted for all operations, provided ample lighting and other facilities are provided so that the work can be carried out safety and properly

In the event of the Employer’s Personnel consenting to work being carried out outside normal working hours, the Contractor shall be responsible for payment

of any additional cost incurred by the supervision of the Employer’s Personnel The normal working hour is forty eight (48) hours spread over six days of the week in accordance with Article 68 of Law on Labor (working hour is not exceed

8 hours per day or 48 hours per week)

6.12

HIV Prevention

Programme

Additional Sub-Clause:

1 For the purpose of this Sub-Clause:

“The Contractor’s Employees” means, without prejudice to any other definition contained in the Contract, any workers who are under the Contractor’s control and on the site in connection with the Contract, including any workers who are under the control of any person or entity to whom the Contractor has sub-contracted any obligations under the Contract other than those responsibilities set out in this Sub-Clause

“The HIV Prevention Programme” means an HIV prevention programme as attached in the Employer’s Requirements

The Employer’s Representative will undertake the major roles of the implementation including formulation of the HIV/AIDS Prevention Program, co-working with other stakeholders, supervision and management of the Program implementation progress, undertaking of regular monitoring, evaluating & reporting and supervision of the Contractor’s obligations

“Service Provider” means a person or entity approved by the Implementing agency and National HIV/AIDS authority (i.e Ministry of Health, or relevant national government to have responsibility for HIV/AIDS prevention) to provide the HIV Awareness and Prevention Programme

2 The Contractor is responsible for co-operating with the Service Provider in implementing the HIV Prevention Programme among the Contractor’s Employees for the duration of the Contractor’s contract and commencing

as soon as practicable after the Contractor’s Employees arrive at the site/s

in conjunction with occupational health staff of the Contractor and the local health authorities involved in HIV/AIDS prevention

7.1

Manner of

Execution

Insert new paragraph as the first paragraph to the Sub-Clause:

Special Terms for Economic Partnership (STEP) Loan provisions apply to this Contract and it is required that no less than twenty one percent (21%) of the total goods and services shall be procured from the following manufacturers: (1) Japanese manufacturers located in Japan

(2) A manufacturer invested in by one or more Japanese firms in Vietnam which satisfy the following conditions;

(a) Not less than ten percent (10%) of the shares of the manufacturer are held by a Japanese firm

(b) The proportion of the shares held by the Japanese firm mentioned in (a) above (or the firm having the largest share among Japanese firms

if more than one Japanese firm meets the condition stated in (a) above) is same as or greater than that of the shares held by any firm

of a third country or region

(3) A manufacturer invested in by one or more Japanese firms and located in one of the developing countries and territories listed in the List of Recipients of Official Development Assistance approved by the Development Assistance Committee of the OECD which satisfy the following conditions;

(a) Not less than one-third of the shares of the manufacturer are held by

a Japanese firm

(b) The proportion of the shares held by the Japanese firm mentioned in (a) above is the same as or greater than that of the shares held by any firm of a country or region other than Japan and the country or the territory where the manufacturer is located

Insert the following paragraphs at the end of the Sub-Clause:

The Contractor shall submit complete documents and information pertaining to the methods of manufacture, installation and construction which the Contractor proposes to adopt or use, (and if applicable such calculations of stresses, strains and deflections and the like that will or may arise in the Works or to the other works comprising the Project or any parts thereof during installation from the use of such methods) The Employer's Representative will then check to see whether, if such methods are adhered to, the Works can be executed in accordance with the Contract and without detriment to the Works (when completed) and to other works comprising the Project and in a manner which minimises disruption to road and pedestrian traffic

The Employer’s Representative shall inform the Contractor in writing within 21 days after receipt of the above information

(a) that the Contractor's proposed methods of manufacture, installation and construction have the consent of the Employer's Representative; or (b) in what respects, in the opinion of the Employer's Representative the Contractor's proposed methods of manufacture, installation and construction:

(i) fail to comply with the Employer's Requirements;

(ii) would be detrimental to the Works and/or to the other works comprising the Project;

(iii) do not comply with the other requirements of the Contract; or (c) as to the further documents or information which are required to enable the Employer's Representative to properly assess the proposed methods of manufacture, installation and construction

In the event that the Employer's Representative does not give his consent, the Contractor shall take such steps or make such changes in the said methods or supply such further documents or information as may be necessary to meet the Employer's Representative's requirements and to obtain his consent The Contractor shall not change the methods of manufacture, installation and construction which have received the Employer's Representative's consent without further review and consent in writing of the Employer's Representative Notwithstanding the foregoing provisions of this Clause, or that certain of the Contractor's proposed methods of manufacture, installation and construction may be the subject of the consent of the Employer's Representative, the Contractor shall not be relieved of any liability or obligation under the Contract

his consent, an expanded and more detailed version of the Initial Works Programme, in the form and content prescribed by the Employer's Requirements as the Works Programme

The Employer's Representative shall, within 21 days of receipt of any programme notify the Contractor in writing:

(a) that the programme has received his consent; or (b) that the programme is rejected, in which case reasons for such rejection shall be given; or

(c) that further information is required to clarify or substantiate the programme or to satisfy the Employer's Representative as to its reasonableness, or

(d) that the programme has received his consent subject to incorporation of comments attached to the Notice of No Objection

Provided that if none of the above actions is taken within the 21 days period, the Employer's Representative shall be deemed to have given consent to the programme submitted

The Contractor shall, within 21 days of receiving notification under paragraphs (c) or (d) above, provide further information requested or the programme shall be deemed to have been rejected The Employer's Representative shall, within 21 days of receipt of such further information, either reject the programme or give his consent

sub-In the event of a programme being rejected, or deemed to have been rejected, the Contractor shall, within 21 days thereafter, submit a revised programme taking account of the reasons given for the rejection or incorporating further information requested by the Employer's Representative, as the case may be The Contractor, following receipt of consent to the Works Programme, may at any time, submit to the Employer's Representative an amended or varied version thereof In the event that the Employer's Representative grants an extension of time, instructs an Employer's Variation, or on the occurrence of any event or happening or situation which could materially affect the progress of the Works, the Contractor shall submit a revised programme to the Employer’s Representative for his consent

Should it appear to the Employer's Representative that there is, or will be, a significant deviation between the actual or anticipated progress of the Works and the Works Programme, the Employer's Representative shall be entitled, by written instruction, to require the Contractor to produce a revised version showing such modifications to the Works Programme as may be necessary to ensure or to be consistent with the completion of the whole of the Works and the achievement of all Stages by the Key Dates The Contractor shall submit such revised programme within 14 days of the Employer's Representative's instruction or within such other time as the Employer's Representative will allow

in writing

Unless and until an amended version has the consent of the Employer's Representative, the existing programme shall remain as the Works Programme for all purposes of the Contract

Consent by the Employer's Representative to a Works Programme shall not relieve the Contractor of any of his duties or responsibilities under the Contract, nor in the event that a Works Programme indicates that a Key Date has not or will not be met, constitute any form of acknowledgement that the Contractor is

or may be entitled to an extension of time in relation to such Key Date

In the second and subsequent submissions of the Design Submission Programme, the Contractor shall not, without the prior written consent of the Employer's Representative:

(a) revise the description or content of any design package (as referred to in the Employer’s Requirements - Design) identified in the initial version of Design Submission Programme;

(b) reduce the periods provided for review by the Employer's Representative

of any submission of Design Data as set out in the initial version of the Design Submission Programme;

(c) revise the sequence of submissions of Design Data shown in the initial version of the Design Submission Programme

Any amendment of the Design Submission Programme in breach of the above requirements shall have no effect whatsoever under the Contract

8.4

Extension of

Time for

Completion

Add new sub-paragraph (d):

(d) exceptionally adverse climatic conditions