SECTION III A - Specifications Of General Items

contents

SECTION 3 A - Specifications Of General Items

GENERAL

( i ) GENERAL PROVISIONS

This Project is the construction execution of piling works for the construction a diaphragm wall, dewatering, bracings, excavation and the execution of the levelling concrete.

The whole of the Works are to be executed in strict accordance with these Specifications, read in conjunction with the documents listed at Conditions of Contract (CoC) Sub-Clause 1.5 (Priority of Documents), taking due account of the priority of documents that is established by the sub-clause and of any superseding variations that may be instructed in accordance with the provisions of CoC Clause 13 (Variations and Adjustments).

The Scope of the Works is defined by these Specifications and the Tender Drawings. Any other requirements, obligations, activities and/or operations which may be reasonably inferred from these, or any of the other of the Contract Documents, to form any part of the true intent and meaning of the Contract, although not specifically stated as such, will be deemed to have been included in the Works, and due allowance must be made for their execution.

In case of some unclearness or contradictions in the description of the works, the following order is valid:

(a)               Text of the project and the previsions of the project provided by the Designer

(b)               Text of the respective item

The contracted Works shall include for the provision of all Contractors establishments, goods, transport, management, supervision, labour and all other things, whether temporary or permanent, which may be necessary to execute and complete the Works, within the Time for Completion and rectify any defects in the Works, as directed by the Engineer, within the Defects Notification Period, such that they will be, and so remain, fit for their intended purpose, all in accordance with the mutual understanding by the Parties of the provisions and requirements of the Contract.

Wherever reference is made in the Contract to specific standards and codes to be met by the materials, plant, and other supplies to be furnished, and work performed or tested, the provisions of the latest current edition or revision of the relevant standards and codes in effect shall apply, unless otherwise expressly stated in the Contract. Where such standards and codes are national, or relate to a particular country or region, other authoritative standards that ensure substantial equivalence to the standards and codes specified will be accepted subject to the Engineers prior review and written approval.

Differences between the standards specified and the proposed alternative standards must be fully described in writing by the Contractor and submitted to the Engineer at least 28 days prior to the date when the Contractor desires the Engineers approval. In the event the Engineer determines that such proposed deviations do not ensure substantially equal performance, the Contractor shall comply with the standards specified in the documents.

( ii ) DEFINITIONS

Refer to Clause 1 of the Conditions of Contract (General Provisions).

iii ) Legal provisions

These Specifications have been written to comply with both the specific legislation in force in Romania that is applicable to each stage of the Works.

References to Romanian Standards and Normatives for Building and Construction Works, Inspections, Investigations and Laboratory Tests Specific for various Types of Works appear throughout the specifications. These references are indicative only, and should not be considered either complete or exhaustive and the Contractor shall verify the standards and normatives applicable to his works and activities, at his own responsibility.

The Contractor shall keep copies of the applicable standards and normatives at the site and shall provide the Engineer with copies. As may be required by the Engineer the Contractor shall provide the Engineer with authorised translations, into English, of any, or all, of the applicable standards and norms.

( iv ) STATE INSPECTION OF CONSTRUCTION WORKS

The duties of the State Inspectorate responsible for the quality of Works are clearly defined in accordance with the law in force and principally in compliance with Law 10/1995.

The State Quality Inspections also cover the application of quality systems and quality requirements during the activities developed during the design, for the construction and maintenance stages.

The State Quality Inspections for construction works are carried by the 'State Inspectorate for Constructions' who is responsible, on behalf of the State, for ensuring the correct application of legal procedures in order that the required quality of construction works is achieved.

The State Quality Inspections of construction works will be carried out under the Romanian 'Regulations for the State Control of Quality in the field of Construction Works' (GD 272/1994) which stipulates the general standard requirements, their tasks, contents, organisational framework and methods to be applied in ensuring the State quality control of construction works.

It is a legal requirement that all parties involved in issuing the territory planning certificates, building permits, site location, and those responsible for the design, construction, and maintenance of civil engineering works shall comply with the instructions included in these regulations.

Compliance with the provisions of these regulations is mandatory for all Romanian and Foreign companies, public units, central and local administrations, which under the law, contribute to the construction activities or represent the Employer, or the Users of these construction works, regardless of the financial sources used for the works or the type of the ownership right.

( v ) Possession And Use Of The Site

In accordance with Sub-Clause 8.1 of the Conditions of Contract (Commencement of the Works), the Engineer shall give the Contractor not less than 7 days notice of the Commencement Date.

The Contractor shall then request Right of Access to the Site from the Engineer when he requires it in order to commence the execution of the Works. The Contractor is required to commence execution as soon as practicable after the Commencement Date in order to proceed, with due expedition and without delay, with his CoC Sub-Clause 8.3 (Programme), Programme of Works.

The Employer shall grant Right of Access in accordance with CoC Sub-Clause 2.1 (Right of Access to the Site). Right of Access to the Site shall not, however, be given if the provisions of the CoC, Sub-Clauses 4.2 (Performance Security), 8.3 (Programme), and 18 (Insurance), had not been previously met by the Contractor.

Any default of the Contractor in fulfilling the above conditions precedent shall be treated as an error or delay of the Contractor, causing the Employer to delay giving right of access to the Site, in accordance with the provisions of CoC Sub-Clause 2.1 (Right of Access to the Site).

The Contractor shall, to the satisfaction of the Engineer, so organise his schedule of works, deliveries to the site and the relocation of major items of plant and equipment from one part of the site to another, so as to cause the minimum of disruption to the Works. The Engineer shall be entitled to reasonably instruct the Contractor to re-schedule any activities which are, in his opinion, unnecessarily disruptive to the Works. The Contractor shall not be entitled to receive any additional payment on account of such re-scheduling.

The contractor shall be responsible for the proper tidiness of the Site and Works and promptly remove rubbish and waste from the Site to approved waste disposal locations. The Contractor shall obtain all necessary permits for the legal disposal of waste prior to the start of Works. All materials, plant and equipment shall also be stored or positioned in a tidy manner.

The Contractor shall take all necessary precautions against causing damage to property, and the environment, both within and outside of the sites. Where the Contractors execution of the Works will necessitate the removal of existing walls, fences, gates, sheds, buildings etc. that are not a part of the Works, he is required to notify the Engineer through the submission of his Method Statements and include detailed proposals for reinstatement, which shall all be at the Contractors expense and subject to the approval of the Engineer.

The Contractor shall ensure that all accesses and rights of way which are being used by Site traffic shall at all times be kept clean of all dirt, mud, gravel and other foreign materials that may drop from vehicles or from tyres or be deposited due to any other construction activity.

The Contractor shall take measures, carry out any operation and provide and use all necessary plant, appliances, pumps, and the like for dealing with flowing or standing water within the Site. The Contractor shall be responsible for pumping water from all excavations. In discharging pumped or diverted water he shall avoid flooding other works, causing erosion and polluting watercourses.

The Contractor shall confine his operations to within the Site, or such other areas of land as may be negotiated, and shall instruct his personnel/employees, and those of his sub-contractors, not to trespass or disturb the owners / occupiers / users of other properties in the area.

( vi ) Complaints and Claims of Damage

The Contractor shall promptly notify the Engineer in writing if he causes: (a) any damage to property, whether a part of the Works or the property of others, or (b) injury to persons, whether his own personnel / employees or third parties.

Details of all claims or notifications of intended claims which the Contractor may receive from third parties shall be transmitted without delay to the Engineer, who shall likewise pass to the Contractor any such claims or notifications which may be submitted directly to the Engineer or Employer.

The Contractor shall propose, for the consent of the Engineer, the measures he intends to take, including the initiation of insurance claims, in order to deal promptly with, and remedy, any complaints and claims made by owners or occupiers and any damage or injury caused to owners or occupiers.

(vii ) Other Contractors

The Contractor is advised that other Contractors employed by the Employer and employees of the Employer may be working on and around the Site. The Contractor shall grant access to the Site to any such persons. The Contractor shall liaise with the Employer and shall plan and execute the Works for mutual convenience and ensure satisfactory progress of the Works.

The Contractor shall not interfere in any way with any works, whether the property of the Employer or of a third party and whether the position of such works is indicated to the Contractor, by the Engineer or not, except where such interference is specifically described as part of the Works either by the Contract or by the Engineer's instruction.

The Contractor shall respect and shall ensure that his employees and his subcontractors respect the construction and finish of works and articles supplied or installed by others and will be held responsible for any loss or damage that may be caused by him.

With reference to Clause 4 of the Conditions of Contract (The Contractor), and other relevant provisions, the Contractors duties, responsibilities and obligations include, as follows:

A.1.0.0 THE FULFILMENT OF CONTRACTUAL REQUIREMENTS

A.1.1.0 Performance Security

The Contractor shall fulfil the requirements of Sub-Clause 4.2 of the Conditions of Contract, with respect to delivering the Performance Security to the Employer, and sending a copy to the Engineer, within 14 days after receiving the Contract Agreement.

The Contractor shall ensure that the Performance Security remains valid and enforceable until the Contractor has executed and completed the Works and remedied any defects.

A.1.2.0 Insurance for the Works and Contractors Equipment

The Contractor shall act in accordance with the requirements of CoC Sub-Clause 18.1 (General Requirements for Insurances), the Works, Plant, Materials and Contractors Documents in accordance with the requirements of CoC Sub-Clause 18.2.

The Contractor shall be maintained in this insurance to provide cover until the date of issue of the Performance Certificate:

o        For loss or damage for which the Contractor is liable arising from a cause occurring prior to the issue of the Taking Over Certificate, and

o        For loss or damage caused by the Contractor in the course of any other operations (including those under Clause 11 (Defects Liability)).

Copies of the relevant policies and confirmation of the premium renewal shall be provided to the Contractor by the Employer or the Engineer.

A.1.3.0  Insurance against Injury to Persons and Damage to Property

The Contractor shall be mentioned in the insurance, in accordance with the requirements of CoC Sub-Clause 18.1 (General Requirements for Insurances), against each Partys liability for any loss, damage, death or bodily injury which may occur to any physical property (except for things insured under CoC Sub-Clause 18.2 (Insurance for the Works and Contractors Equipment)), or to any person (except persons insured under CoC Sub-Clause 18.4 (Insurance for Contractors Personnel)), which may arise out of the Contractors performance of the Contract and occurring before the issue of the Performance Certificate.

Copies of the relevant policies and premium renewals shall be provided to the Contractor.

A.1.4.0 Insurance for Contractors Personnel

The Contractor shall effect and maintain insurance, and indemnify the Employer and Engineer, in accordance with Sub-Clause 18.4 of the Conditions of Contract, against liability for claims, damages, losses and expenses (including legal fees and expenses), arising from injury, sickness, disease or death of any person employed by the Contractor or any other of the Contractors Personnel.

A.2.0.0 SPECIFIED REQUIREMENTS

A.2.1.0 Facilities for the Supervision of the Contract

A.2.1.1 Main Offices, Fitting Out and Equipment, Car: The Contractor shall provide on-site a Main Offices for the use of the Employer and Engineer, at a location acceptable to the Engineer and in a condition acceptable to the Engineer, together with facilities and three assigned parking spaces. If not incorporated in the proposed offices, and as may be required by the Engineer, the Contractor shall provide a lock-up of secure storage space.

The minimum floor and room areas shall be of at least 60m2. The offices shall be completed and ready for occupation and use by the Engineer within 2 weeks of the Commencement Date. Pending the provision of the Main Offices for the Engineer, the Contractor shall, at his own cost, provide the Engineer with such temporary offices, furnishings, equipment, communication facilities, attendance, supplies and maintenance, as the Engineer shall direct.

Throughout the Time for Completion and for as long thereafter during the Defects Notification Period, as the Engineer may require, the offices shall be supplied, cleaned, repaired and serviced by the Contractor such that the standards at which they were originally provided and accepted by the Engineer are continually maintained and/or restored as necessary.

The contractor shall provide for the use of the Engineer one 5 seats new car according to the following specifications:

- 4 doors;

- 5 seats;

- Diesel / petrol engine, min 120 Hp;

- Accepted brands: Skoda, Ford, Renault, Volkswagen, Toyota or similar

Throughout the Time for Completion and Extension of Time for Completion as the case may be, as the Engineer may require, the car shall be maintained, cleaned, repaired and serviced by the Contractor such that the standards at which it was originally provided and accepted by the Engineer are continually maintained and/or restored as necessary.

The car shall be returned to the Contractor at the end of the works.

A.2.1.2 Maintenance of the facilities for the Supervision of the Contract: The Contractor shall arrange for offices to be properly cleaned on a daily basis as long as the Engineer requires use. The daily cleaning shall be by vacuum cleaner, mopping, brushing, sweeping, dusting, polishing, etc. The Contractor shall carry out all redecoration / repairs to the buildings, their contents and services, and to the equipment as soon as the need arises, not only when the Engineer reports it to him.

The Contractor shall make all arrangements, and pay all necessary charges, for the continuous provision and maintenance, until the buildings are no longer required by the Engineer, of the following services to the satisfaction of the Engineer:

o       Assigned parking spaces, availability, access and snow clearance

o       Building security

o       Electricity for power and lighting;

o       Air conditioning and heating;

o       Fresh potable water;

o       Hot water;

o       Disposal of sewage and waste water;

o       Disposal of solid waste;

o       Telephone and fax lines and internet connections.

The Contractor shall be responsible for all permissions, licences, charges and taxes, insurances arising out of the use offices and car.

The Contractors maintenance responsibilities shall include:

o        The maintenance of the building, installations, fixtures, fittings, supplies, services and utilities,

o        The maintenance of furniture and equipment, instruments, appliances, protective and safety equipment,

o        The provision of any regular publications reasonable requested by the Engineer,

o        Maintaining the continuity of supplies of all necessary stationary and consumables, utilities and provisions, and

o        Cleaning, as above, and all required repairs, renovations and/or replacements.

o        Maintenance and periodic servicing of the car as may be necessary;

o        Full CASCO insurance for the car;

o        Fuel supplying for the car in a reasonable amount (to cover 1,500 km per month).

A.3.0.0  MOBILISATION AND RESPONSIBILITIES OF THE CONTRACTOR

A.3.1.0  Site Provisions and Organisation

A.3.1.1 Mobilisation and Demobilisation of the Contractors Establishment, Resources, Facilities and Goods : The Contractor shall commence the execution of the Works as soon as is reasonably practicable after the Commencement Date, and shall then proceed with the Works with due expedition and without delay.

The Contractor shall provide the Plant necessary for the Contract, and all Contractors Personnel, goods, consumables and other things and services, whether of a temporary or permanent nature, required in the final execution designs, execution of the Works, completion and remedying of defects.

As soon as is reasonably practicable, and within 15 days after receipt of the Notice to Commence, the Contractor shall submit a mobilisation plan and programme for the acceptance of the Engineer. Dependent upon the circumstances and restraints of the Site, the Contractors methodology may include for any combination of :

o        Basing his establishment at the Site,

o        Working from his own permanent facilities in the area of the Site, or

o        Finding his own site or sites for setting up, and providing access to, one or more compounds as temporary works, at which his offices, workshops, stores, equipment, materials stockpiles etc. are to be placed.

The Contractor is responsible for ensuring that all facilities provided under the classification of the site organisation are connected to, or supplied with, all service or utility needs including but not restricted to access ways, water supply, electrical and thermal energy, lighting, sanitation, etc., as required by the provisions of the Conditions of Contract.

The entire design or project for the establishment, arrangement and final reinstatement of the land(s) for setting-up the site organisation shall be included in the Method Statement submissions required of the Contractor in accordance with Sub-Clause 8.3 of the Conditions of Contract (Programme), and shall be subject to the approval of the Engineer.

On completion of the relevant section of the Works for which specific temporary works have been provided, the Contractor shall remove and / or relocate, as instructed by the Engineer,   all his offices, workshops, stores, plant, fencing, hard-standing etc., and clean up the site and carry out other works to return the site to the condition in which it was originally taken over.

The Contractors Method Statements shall also identify, and the Contractor shall obtain the Engineers approval of, any areas in which he intends to stockpile unsuitable and/or waste materials prior to onward transportation to a suitable tip. The Contractor shall ensure such areas are adequately fenced to prevent access by the public.

The Contractor shall not be permitted to mix rubbish, noxious or hazardous materials with the waste material but shall provide suitable skips / containers set on a concrete or asphalt hard-standing in a fenced area with a water supply and environmentally acceptable provision for drainage, such as a septic tank or separator.

The Contractor shall ensure that the bins / containers are regularly emptied and that the contents are transported to a suitable tip site for the disposal of rubbish, noxious or hazardous materials, as the case may be. The Contractor shall further ensure that the collection point, its access and surroundings are kept washed down and clean such that they will not be a source of any complaint, nuisance, risk to health or potential danger.

The Contractors Method Statements shall define the local regulations and procedures in force for the transportation and disposal of waste materials, rubbish, noxious and/or hazardous materials. He shall demonstrate, to the satisfaction of the Engineer, that his disposal operations respect the environmental provisions of the Contract as well as being in full compliance with the relevant regulations and procedures.

The Contractor is fully responsible for the identification, arrangement and eventual reinstatement to the initial grade and condition of all land(s) necessary for borrow pits, deposition of excavated material and any other kind or type of temporary work required to ensure the site organisation can operate at the optimum required capacity to support both the site organisation and the development of the project itself.

When the applicable Romanian law expressly requires that a construction authorisation be obtained for the establishment of the site organisation or for the performance of any Temporary Works necessary for carrying-out the Permanent Works, the Contractor shall adhere to the law and follow the whole procedure to obtain it and shall pay any taxes or fees required.

The Contractor shall design, arrange, provide and remove at his own cost all Temporary Works needed in order to carry out the Permanent Works. All temporary works shall be approved by the Engineer, but this shall not relieve the Contractor of his responsibility for their design and adequacy. All temporary works shall be adequately fenced or protected to avoid un-permitted access.

The Contractor shall obtain all necessary approvals of local authorities and those required from any other sources in order to establish the site compound entirely at his own cost.

A.3.1.2 Laboratory Test of materials: The Contractor shall enter into an agreement with a licensed laboratory for fulfilling the sampling and testing requirements of the Technical Specifications and Standards, according to their Quality Control System. The laboratory shall satisfy all the requirements of the GD 766/1997. The Contractor shall provide for carrying out the Quality Control System sampling, testing and recording programme as well as any additional tests that may be instructed, or carried out by, the Engineer.

The laboratory shall be open to the supervision and inspection of the testing by the Engineer and the Contractors staff shall attend upon, assist and work under the direction of the Engineer in carrying out any tests for the Contract, using equipment, consumables etc.,that he may reasonably request.

A.3.1.3 Project Identification Signs: In accordance with the provisions of Ministry of Public Works Order no. 63/N/1998, the Contractor shall, within 15 days of commencement of Works, erect Project Identification Signs subject to the Engineers approval. The Project Identification Signs shall be:

o        installed at the precise locations instructed by the Engineer. Each location shall be provided with one single faced signs,

o        manufactured to details provided by the Engineer,

o        made from aluminium and have overall dimensions of height 3 m, and width 2 m;

o        mounted on steel posts installed in concrete foundations in accordance with the relevant provisions of STAS 1848 for signs of the required dimensions.

These signs shall be maintained until the completion of the works.

A.3.1.4 Security of the Site : The Contractor shall propose for the acceptance of the Engineer, and be responsible for, the installation, maintenance, watching and lighting of a site fencing and security system designed to fulfil the following functions :

o        The separation and protection of the public from the site activities, works in progress and areas which might put entrants at risk of harm,

o        Similarly, and particularly, the separation and protection of the students/school children from the site activities, works in progress and areas which might put them at risk of harm,

o        The safe-guarding of the works, materials and equipment from theft, loss or damage,

o        The prevention of nuisance and/or danger that might be caused by any flying or falling debris, dust, fumes, liquids and/or excessive noise from the site, and

o        Where works are being undertaken at night or at weekend provide adequate security of the school premises as may be necessary to prevent unapproved or illegal entry.

The Contractor shall install appropriate external lighting, post notices warning unauthorised persons / students / children against entering the site, shall ensure that all access gates are kept locked and that any barriers are continuously manned by security guards.

A.3.2.0 Organisation and Planning

A.3.2.1 Quality Assurance Plan and Quality Control System: In accordance with Sub-Clause 4.9 of the Conditions of Contract (Quality Assurance), The Contractor shall institute a Quality Assurance Plan to demonstrate compliance with the requirements of the Contract.

In accordance with CoC Sub-Clause 7.4 (Testing), the Contractor shall institute a Quality Control System, having the consent of the Engineer that is:

(a)     Designed to demonstrate that the materials used and his adopted methods, procedures and controls combine to produce works and workmanship with less than statistically significant risk that the works will fail to be in accordance with the Contract

(b)     Verified by a programme of confirmatory tests carried out in an independent laboratory.

The Contractor shall prepare and submit to the Engineer within 30 days of receipt of the Employers letter of award to enter into the Contract, a written Quality Assurance Plan in accordance to the requirements of ISO 9001.2000 series. The Contractor's Quality Assurance System shall comply with the provisions of Law No.10/1995.

The quality system to be applied for Construction Works is a set of organisational procedures, responsibilities, regulations and methodologies for achieving the required quality of works during the, Construction and Defects Notification Period stages.

The quality system applied to civil works shall address at least the following:

a)       civil engineering technical regulations, norms and standards

b)       quality of materials applied for civil engineering works

c)       technical agreements or licences required for applying new procedures and using new products

d)       verification of design and workmanship as well as specialist examinations of design and construction works

e)       quality assurance and control management

f)         authorisation and certification of laboratories where analyses and tests are carried out for on-going construction works

g)       metrological activity related to the construction works

h)       acceptance of construction works (provisional and final taking-over)

i)         behaviour of construction works during the Defects Notification period

j)         maintenance of the construction works

k)       State quality inspections of construction works.

The Quality Assurance Plan shall show the Contractor's Site organisation and provide the names, CVs, duties and QA / QC responsibilities of all key members of the Contractor's organisation.

The Quality Assurance Plan shall incorporate and operate in conjunction with the Contractors Quality Control Systems for the approval of materials submissions, checking and verification of samples of materials and mixes, test-work and reporting on the quality of materials and workmanship. It shall also show the procedures for communication with the Engineer.

The Contractor shall be wholly responsible for ensuring that the quality of all materials and workmanship shall be fully in accordance with the Specifications and to the complete satisfaction of the Engineer.

All products and materials delivered to the Site shall be accompanied by a Quality Certificate, issued by the manufacturer or supplier, clearly identifying the particular item or material delivered and confirming that the product or material fully complies with the contract Specification requirements. If any products or materials are delivered to site without an accompanying Quality Certificate they shall not be used in the Permanent Works until such time as it can be shown that the quality of the product or material fully complies with the Specification requirements.

Technical quality certificates issued for new materials, procedures and equipment to be used for construction works shall also specify, under the current law, their application range, as well as their manufacturing, transport, storage, placement and maintenance requirements, in compliance with the provisions of the HG. n. 766/97 and HG 675/2002.

The Contractor shall carry out his own inspection of materials (which shall be materials certified as approved for inclusion in construction works), and workmanship and satisfy himself that they meet the Specification before offering them up to the Engineer for acceptance or payment. A copy of all test records shall be made available to the Engineer for verification and checking.

For each construction activity there shall be a quality check list designed to ensure that that the activity is carried out in accordance with approved methodology. The Quality Assurance Plan shall include lists of quality checks for each operative, ganger, supervisor, foreman and inspector.

The supervision of the application of the Quality Assurance Plan and of the Quality Control System of testing shall be carried out by the Contractor, who will appoint a suitably experienced Engineer for this purpose. The engineer shall audit this process, in accordance with the provisions of Sub-Clause 3.1 of the Conditions of Contract (Engineers Duties and Authority).

The Engineer may, in accordance with Sub-Clause 3.2 of the Conditions of Contract (Delegation by the Engineer), assign certain of his supervisory duties to assistants. Such delegations shall only be made to technical experts, engineers and inspectors who are licensed to carry out the supervision of construction works.

The Engineer, or any of his assistants on the Site, shall issue non-conformity notices if any work materials, workmanship of any other thing is not in conformity with the requirements of the Contract. Until such a non-conformity is rescinded, the Engineer will not certify any payment for the work or thing affected. This provision for withholding payment also applies to any works carried out with materials that may be included, by the Contractor, in the permanent works without the prior consent of the Engineer.

When any activity is not in conformity with the requirements of the Contract, the Contractors supervisor should, at his own responsibility under the Quality Assurance Plan, directly suspend the activity and correct the non-conformity. If a non-conformity notice is issued, by the Engineer, or one of his assistants on the Site, the activity shall remain suspended until the Contractors request to re-commence (which shall provide details of the non-conformity and the person held responsible), is approved by the Engineer.

All laboratories that will be engaged in carrying out the testing or other trial activities required by the technical specifications shall be authorised in accordance with Romanian Law. All survey / measurement / testing equipment works shall be maintained in compliance with the legal provisions regarding calibration, checking and operational reliability required for the measuring and control devices used in this field

The Quality Assurance Plan shall be operated and maintained by the Contractors Quality Controller and it shall incorporate formal procedures for communication with the Engineer. Through the application of the Quality Assurance Plan, which shall operate in conjunction with the Contractors Quality Control System of testing, the Contractor shall ensure compliance with the requirements of the Romanian Law No. 10/1995.

Any and all contracts, subcontracts, instructions, variations, submissions, consents and approvals which are concluded or issued whilst the Works are under construction and/or during the Defects Notification Period, shall be similarly subject to the application of the Quality Assurance Plan and the Quality Control System of testing in order to ensure compliance with the Law No. 10/1995.

All sampling and testing shall be in accordance with the relevant Standards or as described in this Specification as appropriate. In addition, the sampling and testing shall be in accordance with the applicable law. The costs of all sampling and testing shall be to the Contractors account.

The Contractor shall, before placing orders for materials for incorporation in the Works, submit complete information to the Engineer. This information should include the names of the supplier, the origin of the material, manufacturer's specification, quality, weight strength, description, together with details of materials that he proposes that each firm should supply. The Contractor shall deposit with the Engineer samples of such materials when requested, and where appropriate, manufacturers' certificates of recent tests carried out on similar materials.

The Contractor shall provide at his own expense a full size functioning mock up containing all the approved fittings and finishing materials for walls, floors and ceilings for each room, corridor, lobby or any other new or renovated enclosure covered in this contract.

The Contractors Quality Control System shall provide for the Contractors laboratory test-work to be confirmed by a programme of independent test-work carried out at a laboratory approved by the Engineer. The frequency of sampling, testing and independent verification of the quality of the works shall be in accordance with the relevant codes and standards.

If no such frequency is stipulated, the Engineer shall determine reasonable levels of testing frequency such that, if the tests are passed, there would be a less than statistically significant probability of any part of the works failing to meet the specified standards.

In any circumstances where the tests indicate that the quality of the Contractors materials and/or works is variable, the Engineer shall be entitled to instruct an increase in the frequency of testing. No additional payment shall be made to the Contractor.

The Contractor shall give to the Engineer written notice of the workshops and places where work is being, or is about to be, carried out or from which materials of manufactured articles are about to be or are being supplied. He shall also give such notice and keep the Engineer advised of the times when such materials will be ready to be inspected, so that such inspection may take place without delaying the delivery of the materials to the site. Such notices shall be given at such times to permit the inspection of the whole of the work at all stages of the processes of manufacture, and not simply when the goods are completed ready for delivery.

At least four weeks prior to the placing of any orders for major components of the Works the Contractor shall forward to the Engineer for approval full and detailed particulars and samples when requested of the materials / components that he intends to procure for the Works. All these items shall comply with the Specification and shall bear necessary approvals for use in Romania.

A.3.2.2 Safety Plan : The Contractor shall, in accordance with CoC Sub-Clause 6.7, appoint an Accident Prevention Officer responsible for maintaining safety and protection against accidents and submit a comprehensive safety plan for the acceptance of the Engineer, 7 days prior to the commencement of works on Site.

The Contractors Safety Plan shall, without limitation, include for the following follows:

o        Access By Officials And Visitors : The Contractor shall ensure that authorised government and municipal officials as well as authorised archaeologists, environmental and/or conservation officials shall at all times have access to the works in preparation or progress and the Site. The Contractor shall provide proper facilities for such access and for inspection, including ensuring that all visitors are aware of the specific site safety procedures and adhering to them. This shall extend to the Contractor providing any necessary personal protection or safety equipment to those visitors who are otherwise improperly provisioned or inappropriately dressed for carrying out any type of work on the Site.

Where visitor access is required to the site offices, particular care shall be taken to ensure that this access is safe and adequately signposted.

The Contractor shall advise the Engineer, in advance, of any official visits that are arranged and of their purpose. With reference to Sub-Clause 8.3 of the Conditions of Contract (Programme), the Contractor shall promptly give notice to the Engineer if he considers that, in consequence of any such official visit, there may be an adverse effect upon the works, an increase in the Contract Price or a delay to the execution of the Works. The Contractor shall maintain a record of all such official visits in the Construction Record Book and in his monthly reports to the Engineer.

Public Safety And Convenience: The Contractor shall mark all open trenches and other obstructions by approved signs, fences, barricades, and lights for the safety of the public and maintain a continual watch to ensure that his provisions are kept operative and effective.

o       Hazardous Substances: No hazardous substances shall be brought on to the Site or used for any purpose unless the Contractor has previously obtained the written approval of the Engineer and has obtained the necessary permits.

The Contractor shall obtain the Engineer's approval in writing prior to storing and locations of any hazardous substance on the Site.

The Contractor shall comply with the relevant standards and local or National codes and laws, for example, those concerning storage of fuel and flammable substances and explosives.

Generally all liquid/fuel storage tanks shall be located in a sealed protective retaining bund capable of holding at least 110% of the tank volume with a freeboard of 200mm. Filling/discharge pipe work shall be positioned to contain spillage in the bund and all valves shall be lockable.

o       Fire Prevention and Protection: The Contractor shall perform all work in a fire-safe manner. He shall supply and maintain on the site adequate fire-fighting equipment. The Contractor shall comply with all current applicable fire regulations.

o       Emergency Arrangements: The Contractor shall maintain arrangements whereby he can quickly call out labour outside normal working hours to carry out any work needed for an emergency associated with the Works. The Engineer shall be provided at all times with a list of addresses and telephone numbers of the Contractor's staff who are currently responsible for organising emergency work.

The Contractor shall acquaint himself and his employees with any relevant local arrangements that are in existence for dealing with emergencies.

Access For Emergency Services: The Contractor shall notify the Fire and Police Services before closing any access or side-road or portion thereof and no closing shall be made without the Engineer's approval. The Fire and Police Services shall be notified when such restriction or closure is lifted and the access or side-road is again passable for emergency vehicles. The method adopted for construction of the Works shall minimise interference with Fire and Police Service access and at no time prevent such access.

The Contractor shall include his daytime and night contact telephone numbers in the information on the Project Identification Sign and shall leave his night contact telephone number with the local Police office whenever construction operations are in progress.

o      Hygiene: Where permanent facilities are not available to the Contractors work-force, the Contractor shall provide sufficient chemical-type toilets on site and maintain the facilities in a sanitary condition at all times. Chemical-type toilets shall be of adequate construction so that no unsanitary contamination of the area can result from their use. Upon completion of that part of the Works, sanitary facilities shall be removed and the areas restored to their original condition.

o        Welfare And Medical Facilities : The Contractor shall provide all welfare and medical facilities necessary for all personnel authorised to be on the Site, in accordance with Clause 6.7 of the Conditions of Contract, to the standards prescribed by Romanian legislation and as approved by the Engineer. These facilities shall be available throughout the entire construction period and the Defects Notification Period.

o        Special Needs: The Contractor shall take particular account of the access and service requirements of those with special needs. Special needs are defined as those needs related to health and mobility of individuals affected and individuals concerned with the health of others.

A.3.3.0  Programming and Reporting

A.3.3.1 Programming and Methodology

Within 15 days of receipt of the Engineers Notice to Commence, and prior to commencement of the Works the Contractor shall supply a detailed Programme, together with listed supporting documentation, to the Engineer in accordance with Sub-Clause 8.3 of the Conditions of Contract (Programme) and, in accordance with the sub-clause, the Contractor shall also submit a revised programme whenever the previous programme is inconsistent with actual progress or with the Contractors obligations.

The Contractors programme is required to be consistent with all of the other submissions required of the Contractor under the provisions of the Conditions of Contract, including, but not limited to, his Management Plan, Quality Assurance Plan and Quality Control Systems, Contract Resources, Method Statements, Health and Safety Plan, Materials Procurement Plan and Cash Flow Schedules.

The Contractors Programme shall be in a format acceptable to the Engineer such that key and critical activities, conditionalities / pre-requisites to activity commencement and any restraints upon the progress of activities are readily identified.   The Programme shall clearly indicating the phasing of all work and activities towards the achievement of the progress milestones which shall be agreed with the Engineer as providing the basis for certifying interim payments.

The Contractor shall use profession project management software, of a type approved by the engineer, to compile his Programme. Each submission to the Engineer shall be accompanied by electronic versions in a editable format approved by the engineer.

Plant, equipment and labour resource teams shall be listed for all operations and the Contractor shall schedule the achievable productive output of the resource teams in demonstration of the feasibility of executing the works in accordance with his programmed activity durations.

Also, within 15 days of receipt of the Engineers Notice to Commence, and prior to commencement of the Works the Contractor shall submit to the Employer, in accordance with Sub-Clause 4.28 of the Conditions of Contract (Site Organisation Permits), a list of all permits the Contractor must obtain in order to carry out and complete the Works in accordance with his programme.

Further to his programming submissions, the Contractor is required to submit to the Engineer, in accordance with Sub-Clause 6.10 of the Conditions of Contract (Records of Contractors personnel and Equipment), before 1200 hrs each Monday , a two weekly programme of work.

The Contractor shall submit Method Statements, for the acceptance of the Engineer, detailing the methodology he intends to adopt in order to ensure that the works are executed and completed in accordance with the requirements of the Contract. The Method Statements, which are required to be included in the Contractors Programme submission, shall be submitted to the Engineer for review at least 7 days prior to the programmed activity commencement. The Contractors Method Statement submissions shall include, as follows:

o         A description of the works to be carried with and details of the organisation for carrying them out, including reference to approved, separate method statements covering sources of supply / manufacture / testing / storage / handling and transportation arrangements for materials such that they are provided, at site, in a condition consistent with the specified requirements,

o         Definition of all particular safety arrangements, with reference to approved, separate method statements covering traffic management including the transportation of equipment and materials from storage areas to the work site and maintaining the separation from, and safety of, traffic flows adjacent to the work site,

o         Definition of all particular arrangements for the protection of the environment, with reference to approved separate method statements which will comprise a general environmental action plan,

o         Identification of the individual(s) who are responsible for ensuring compliance with the method statement, including deputising arrangements,

o         The qualifications / training / experience of those permitted to carry out the type of work and any specific training for the specific job,

o         Equipment required to carry out the work, how it will be provided and reference to separate approved method statements covering the programme of (daily, weekly etc.) equipment inspections and checks (of which a record is to be maintained) to be carried out on the equipment, before it is put into operation at the work site,

o         Definition of the materials that will be used in the production of the works, with reference to their compliance with specified criteria / standards and approvals issued in respect of those materials,

o         Definition of the methods by which the various types of works will be carried out in accordance with the requirements of the relevant Standards and Specifications,

o         Definition of contingency arrangements that will be put in place to avoid any risks, including risks associated with adverse changes in the weather and stating the course of action that will be taken when limiting criteria are reached.

o         Definition of the documentary procedures in accordance with which the works will be approved to proceed and carried out, and, if a Notice of Non-Conformity of materials, works or any aspect of workmanship is issued, that the works will be stopped and brought into compliance, directly.

The Method Statements and any required mix formulas must be accepted by the Engineer prior the starting of the relevant works. As and when required by the Engineer, the Contractor shall carry out trial sections of construction to demonstrate that his proposed working methodology is capable of providing completed work that complies with all specified requirements of the Contract.

The trial sections shall be carried out under the same working conditions as will be encountered on site and using only the materials and equipment that the Contractor has proposed, and the Engineer approved for use in the Permanent Works. The trial section that gives the best results, within the confines of the specified requirements shall be used as a reference section against which all other work of a similar nature shall be compared.

Any work in which materials are used without testing and acceptance or in which methodologies are employed without the written approval of the Engineer, shall be considered unacceptable and rejected by the Engineer.

The Contractor may apply to use alternative materials to those specified in the Design. In such cases, the Contractor shall inform the Engineer about his technical proposal at least 28 days before any such alternative material is to be used, or longer if such period is required for testing of the material by the Engineer. The use of alternative materials is allowed only with the Engineer's approval and in compliance with the Romanian law.

The Contractor shall submit to the Engineer details of all equipment, including cumulative operating hours and maintenance records, he proposes to use in the process of constructing the Works prior to using it on site.

If, in the Engineers opinion, circumstances arise where it is reasonable that the use of the Contractors equipment should be suspended either temporarily or permanently, the Contractor shall change the method of performing the work affected by such suspension. In particular, this will apply where it is impossible or unsafe to excavate except by hand methods, due to the proximity of, and danger to, existing roads, structures, buildings or services.

The Contractor shall be deemed to have no cause for claims against the Employer on account of having to carry out the work by another method, nor shall he be deemed to have cause for claim if any order issued by the Engineer results in the Contractors equipment having to stand idle for a period of any duration whatsoever or having to be removed from the Site.

A.3.3.2 Reporting and Record Photographs of the Works

The Contractor shall also submit to the Engineer at the end of each calendar month, or at such other times as may be agreed, detailed reports on progress of work in the previous month.

The Contractors Reports shall provide, as follows:

o        An Executive Summary account of the Contract details, Accepted Contract Amount, Current Estimate of the outcome Contract Price,

o        Time Allowed for Completion, actual (in weeks) and percentage time elapsed to date in relation to the Time Allowed for Completion,

o        Programmed, in value and percentage, financial progress of the Contract to date,

o        Actual, in value and percentage, financial progress of the Contract to date,

o        The Contractors organisation chart,

o        A schedule of the total resources of Plant, Equipment and Labour assigned by the Contractor to the Contract,

o        A summary record of the prevailing weather conditions during the Report month,

o        The Contractors account of relevant events / achievements to date and in the course of the Report month, together with his assessment of the requirements for executing and completing the Works within the Time Allowed for Completion,

o        A schedule of the activities programmed to commence, be in progress and/or be completed during the Report month

o        With respect to each activity, the programmed value of work to be achieved at the start and end of the Report month and the percentages those programmed values represent of the total estimated activity valuation.

o        With respect to each activity, the actual values of work achieved at the start and end of the Report month and the percentages those actual values represent of the total estimated activity valuation.

o        With respect to each activity, a tabulation of the plant, equipment and labour resources employed on the activity cross related to the recorded, daily record of hours of employment of each resource upon the activity.

o        With respect to each activity, a tabulation of the plant, equipment and labour resources the Contractor intends to allocate to the activity in the next month, with reasons for any change of resource allocations and an estimate of the daily productive output of the activity resources.

o        A schedule of the plant, equipment and materials proposed for incorporation in the Permanent Works, the proposed source/supplier, the proposal date and approval date/status,

o        A record of the tests carried out in the Report month with details of passes / failures and a commentary upon measures taken to rectify failures and any consequently defective works.

o        A schedule listing the problems encountered or delays occurred during the month and the planned solutions.

o        A schedule outlining the works to be undertaken in the following month, clearly identifying any requirements for information from the Engineer or the Employer.

o        A list of correspondence exchanged between the Employer / Engineer and Contractor during the Report month.

o        Two sets of 20 (minimum) x A5 progress photographs mounted in a suitable file / album, together with a commentary upon each photograph. The Contractor shall keep safe the negatives / digital files so that further copies may be made if required. The copyrights of all photographs shall be vested with the Employer. The photographs shall not be used for any purpose whatsoever without the Employer's approval.

The Contractor shall present this report at the monthly meeting immediately following the reporting period.

A.3.4.0 Designs and Drawings by the Contractor

A.3.4.1  As Built Drawings : The As Built Drawings shall be prepared by the Contractor and submitted in accordance with sub-paragraph (d) of Sub-Clause 4.1 of the Conditions of Contract, (Contractors General Obligations) prior to the commencement of the Tests on Completion and in accordance with the Law 10/1995. The Contractor shall provide the Engineer with 1 (one) electronic copy and 2 (two) hardcopies of the As Built Drawings.

Where required the as-built drawings shall be accompanied by operating and maintenance manual for any new equipment provided under the contract.

These documents will be reviewed for completeness by the Engineer prior to their submission to the Beneficiary.

Hereafter the tests on completion, and operative training may be progressed.

A.3.5.0  Utilities

A.3.5.1  Relocation / Protection of Utilities : Where, in the course of construction of the Works, any existing foundations, walls, sewers, drains, pipes, wires, cables, and other structures, places and things are exposed, or are otherwise affected by the execution of the Works, they shall be properly maintained and adequately supported and protected and appropriate measures taken to prevent any inconvenience and interruption and to ensure the safety and continuity in use of the aforesaid services, all to the approval of the Engineer.

If there is no requirement for utilities to be diverted, it shall be the Contractor's responsibility to maintain and protect them while working around them, all with the approval of the utilities owners and the Engineer.

The Contractor shall provide attendance as necessary and will have to be responsible for undertaking all measures to provide the protection of such utility and for the consequences of damages that could appear.

In the event that damage is caused to pipelines, telegraph lines or poles, telephone lines or any other public utilities existing on the Site the Contractor shall immediately inform the relevant authorities and the Engineer.

APPENDIX A TO SECTION III A

APPENDIX A.1: ROMANIAN STANDARDS

A list of Romanian Standards and Norms is provided in the Technical Specifications, but it is not warranted to be complete and is not intended to be exclusive of any other Standards and Norms that may be referred to elsewhere in the Contract Documents or that may be otherwise applicable. The Contractor is responsible for ensuring the current standards are adopted and shall identify any such changes to the Engineer at the earliest possible moment.

APPENDIX A.2: LEGAL PROVISIONS

Law no. 10 regarding the quality in the field of construction works published in Official Gazette of Romania no. 12, dated 24 January 1995;

Law no. 587 of 29 October 2002, for the modification of Art. 40 from Law 10/1995, published in Official Gazette of Romania no. 817 dated 12 November 2002.

Law no. 137 regarding the environment protection republished in Official Gazette of Romania no. 70, dated 17 February 2000;

Romanian Government Decision no. 766/21.11.1997 for approval of some regulations regarding the quality in the field of construction works, published in Official Gazette of Romania no. 352, dated 10 December 1997:

approval of: regulations regarding the metrology activity in the field of construction works;

approval of: regulations regarding the quality assurance and management in the field of construction works;

approval of: regulations regarding the determination of importance categories in the field of construction works;

approval of: regulations regarding the supervision of behaviour during operation, of interventions and constructions post-operation;

approval of: regulations regarding the technical agreement for new products, methods and equipments in the field of construction works;

approval of regulations for authorization and agreement of testing laboratories

approval of: regulations regarding the conformity certification of the quality of products used in the construction field.

Romanian Government Decision no. 675/03.07.2002 regarding modification and completion of GD 766/1997 for approval of some regulations regarding the quality in the field of construction works, published in Official Gazette of Romania no. 501, dated 11 July 2002.

Romanian Government Decision no. 877 regarding the performance of laboratory tests and analyses by the suppliers of materials, construction elements and products only in authorized laboratories, published in Official Gazette of Romania part I no. 538, dated 4 November 1999.

Romanian Government Decision no. 622/21.04.2004 regarding the determination of the conditions for launching on the market of construction products, published in Official Gazette of Romania part I no. 421, dated 11 May 2004.

Romanian Government Decision no. 925 regarding the regulations for verification and quality technical examination of designs, works performance and constructions, published in Official Gazette of Romania no. 286, dated 11 December 1995;

Romanian Government Decision no. 272/14.07.1994 for the approval of 'Regulations for the State Control of Quality in the field of Construction Works', published in Official Gazette of Romania no. 193, dated 28 July 1994;

Romanian Order no. 1 for the approval of regulations for the prosecution of quality control for materials, construction elements and products to be used for construction, , published in Official Gazette of Romania no. 120, dated 20 March 2000;

Regulation for State Inspectorate in Construction organizing and functioning, approved through Ministry of Public Works, transport and Dwellings Order no. 1398/2001, published in the Official Gazette of Romania part I no. 681 dated 29 October 2001;

Romanian Government Ordinance no. 63/2001 regarding the establishment of State Inspectorate in Construction, published in the Official Gazette of Romania, part I, no. 536 dated 1 September 2001;

Romanian Government Decision no. 273/14.06.1994 regarding the approval of taking-over regulations for construction works and related installations, published in Official Gazette of Romania no. 193, dated 28 July 1994:

Romanian Order no. 488/03.04.2002 regarding approval of licensing procedure for site inspectors, published in Official Gazette of Romania no. 264 dated 19 April 2002;

Law no. 212/2002 for the approval of Governmental emergency Ordinance no. 60/ 2001, published in the Official Gazette of Romania, Part I, no. 331 of 17 May 2002

Ministry of Public Works Order no. 63/N/1998 regarding the obligation of visible display of the Investment Identification Signs, published in the Official Gazette of Romania, Part I, no. 345 of 11 September 1998.

Law 50/29 July 1991 republished, regarding the authorization of the construction works, published in the Official Gazette of Romania, Part I, no. 933 of 13 October 2004.

Order 1430/26 August 2005, for the approval of the Methodological Norms for the application of Law 50/1991 regarding the authorization of the construction works, published in the Official Gazette of Romania, Part I, no. 825 bis of 13 September 2005

SECTION III B - General SPECIFICATIONS

contents

SECTION III B - General SPECIFICATIONS

B.1 General

B.1.1.  General information regarding the work executions observance of the design

The complete specifications drawn up by the designer and attached hereto will be submitted together with the offer, signed for taking cognizance and they shall be strictly met. These general specifications are meant to emphasize the technical memoire and the specification drawn up by the designer and attached to this Tender Documents.

The pilings and the waiting rebar for the walls of the basements will be pegged out and fixed according to the pegging out plan.

For the taking-over of the marking and location of the pilings there will be issue a document sign by de designer of the pilings, structure designer, chief architect, constructor and site inspector.

The deviations of the locations in plan of the pilings from the specifications of the project shall not exceed 4 cm, and the admissible deviation of the angle of slope of the pilings shall not exceed 1.50% from the design specification. The number of the pilings with deviations from the locations specified in the design shall not exceed 5% from the total of the respective location of the pilings.

The braking of the section with concrete from the end of the pilings will be performed with adequate equipment such as not to produce vibrations to affect the near cases. During the execution of the bracing beam of the pilings the provisions of NE 012-99 regarding the execution of the works of concrete and reinforced concrete will be strictly met.

For the support, water drainage and excavation works the technology described in the design will be met, observing the previsions of the technical specifications. The earth will be excavated only after the confirmation of the designer of the resistance level of the concrete within the pilings and the bracing beam.

The resulted material will be manually removed in order to prevent the damage of the pilings. The mechanical excavations will be performed down to 30 cm from the alignment of the pilings.

Before to start the works, with contract, a specialized company will mount on the adjacent buildings markers to follow the fissures and subsidence, according to the design.

The markers will be followed according to the previsions of the design.

DURING WORK EXECUTIONS, THE FOLLOWINGS ARE RESCTRICTED:

Usage of some inadequate equipment producing repeated vibrations and shocks to the near buildings;

Supporting materials, objects and equipment on the near buildings;

Handling of some materials and objects above the near buildings;

Excessive phonic pollution;

Dirt of the street with concrete, mud, earth or any other objects. For this the constructor will arranges in the area of the exist of the site a concrete platform, provided with drainage ditch, in order to wash the wheels of the devices and cars;

Handling some materials and objects above the near buildings.

B.2 General Provisions

B.2.1.0  Abbreviations

In the text of the specifications there may appear the following abbreviations:

E  Employer

C   Contractor

PU  Unit price

B  Basement

F  Floor (Storey)

GF  Ground floor

En  Enumeration

GPf  Gap in the ceiling

GPe  Gap in the wall

DN  Diameter

B.2.2.0  Details concerning the construction

The current design refers to a group of four buildings with a common two levels basement occupying all the land as follow:

Building A: GF + 12E

Building B: GF + 9E

Building C: GF + 9 E

Office building: GF + 5E

the buildings shall   be used as technical areas and parking spaces on the basement and GF of building A, apartments (buildings A, B, C) and offices (office building).

The digging for the construction will be an open wall, made of secant pilings that will close the building on all sides. The object of the current specifications is:

Leveling/earth removal/backfilling in order to provide the working platform.

Execution of the secant pilling screen, with diameter of 62 cm.

Execution of the top beam on the end of the piles, including breaking of the the end of the piles to remove altered concrete.

Execution of the drainage holes and drainage.

Execution of the excavations, including removal of the resulted earth and supporting elements with metallic joints.

Finishing of the excavations and casting of a leveling concrete layer.

Execution of the reinforced concrete foundation slab.

Execution of the Xypex hydro insulation for the foundation slab.

Demounting of the metallic joints during different stages of execution of the reinforced concrete, as described in the design.

Closing of the drainage holes.

The structure of the building will be made of reinforced concrete.

Surfaces

Total built area:

Basements  almost 11,500 m

Floors  almost 21,000 m

B.3 Conditions for offer

B.3.1.0  Basic conditions for offer submission

All the data included concerning the surfaces and/or quantity information are informative, in order to assess the works and they will not be considered as completed data; if quantities are specified, they shall be verified by the tenderer as per design.

The total price resulted from the prices introduced in calculation must cover all the costs necessary for the work execution, even if this is not explicitly mentioned.

The tenderer will personally verify if the documentation is complete, based on the drawings, quantities and requested conditions. The relevant prices introduced, presumed by the tenderer that are not exactly determined in the moment of the offer submission, must be detailed in the offer.

B.3.2.0  Knowledge of the local conditions

Before the submission of the offer, each tenderer will reconnoiter the land in order to have a picture of the nature of the requested services and works.

Any other additional expenses, ulterior requested, based on missing information, will not be taken into consideration.

B.3.3.0  Obligations of the Tenderer/Contractor

The tenderer will personally verify if the offer documentation is complete, based on drawings, quantities and requested conditions. The introduced relevant prices, presumed by the tenderer, that can not be exactly determined in the moment of the offer submission, must be detailed in the offer.

Tenderer/contractor has the obligation to notice in writing to the Beneficiary as soon as possible all the occurred difficulties as well as all the technical, constructive or juridical restraints, until the date of the contract award, and if theses are not evident until that moment, until the begin of the works.

B.3.4.0 Technical surveys, regulations, documents

The following included documents are decisive for the work execution:

a) working drawings

b) technical specifications

b) report for technical survey

c) specific technical specifications

B.3.5.0 Phonic and thermal protection

The local requirements for phonic and thermal protection (Romanian norms and constructive norms) will be met, if not otherwise specified.

B.3.6.0  Choosing of materials

The materials included in the offer must qualitatively and esthetically comply with the requests within the specifications and especially to the scope of their usage.

They will be mounted and processed according to the instructions of the manufacturer. The usage of the accessories with the respective system is mandatory.

In case the beneficiary reserves his right to choose the materials included in the offer. In case of the rejection, the tenderer will use the materials indicated as example at the respective items. For all the offered prefab and material, their prospects and sheets will be enclosed to the offer.

In case of delivery of some equivalent or similar parts from different sub-contractors, the tenderer will assure a homogenous selection of the products.

B.3.7.0  Usage of the forms is mandatory

The offer will be issued based on the forms provided by the issuer of the specification.

The offer forms issued by him must be submitted legally filled in. If tenderer or the tenderer considers that the specifications should be modified, he must notice the Beneficiary within at least 5 days before the purge period for offer submission.

B.3.8.0  Additional works and services, directives, standards

For the execution of the necessary works, there will be met the technical regulations as well as the relevant standards and the regulations in force in Romania.

In case in the individual articles is not otherwise specified, previsions of this document, enumerated bellow, the work site will be taken-over by the owner of the building.

All the difficult works and all the additional works specified in the above mentioned general instructions and the preliminary comments that follow will be included in the unit price and they will not be separately paid.

The price is calculated after the working drawings and the reinforcement details, reinforcement extracts and the metallic structure drawings, without additional money for cuttings, re-usage, losses, because of the execution, design or the climate conditions (for example wrong cutting of the steel reinforcement/columns, transport damages, normal re-usage or losses, for ex. of entire connection or supply unit).

The additional money for difficult works concerning the weight according to the different execution norms shall not be considered and must be included in the respective items.

B.3.9.0  Works to be included in the calculation of the price

All the special works, determined by the construction conditions, will be included in the unit price.

The following issues will be taken in considerations:

site organization: the available surface is restricted to the construction landfill; accurate information will be given by the Beneficiary or by the elaborator of the Technical Specifications

problems raised by the existing adjacent buildings

coordination of the personnel and goods transport

ensuring the proper conditions for the execution work personnel (mobile toilets)

supplying cranes and other equipments if necessary

idle time caused by the traffic and by using roundabout roads when supplying the materials

current site cleaning, including the evacuation and the deposition of the rubbish and waste materials (to the waste hole)

evacuation of the rain water during work execution of the building in order to protect all the installations

supplying the construction materials, construction parts, concrete forms and emergency materials in case of storms

provisional protection and refuge structures

permanent maintenance of all discharging channels during work execution

evacuation of the rubbish for the site including the correspondent taxes; sewerage and cleaning due taxes

site supervision performed by staff hired for fire protection; specific installations and equipment for fire protection according to the heat capacity or to the existing regulations

all the subsequent operations and protection system of the building until delivering deadline

permanently site supervision from the begging of the works until the delivering of the building

deduction of the executed works will be according to the dimensions mentioned in the plans, surfaces, curvatures of the plans and executions documents, with no additional deduction for high degree of difficulty or additional deduction to the contractual norms, according to the corresponding norms. All these payments should be introduced in the unit prices

security systems, site evaluation, work protection and sanitary regulations for personal staff protection according to the local regulations

The following issues will be included in the offers price if they are not mentioned separately in the Technical Specifications: all the measures stipulated in the preliminary comments, prescriptions and conditions; all the difficult operations, works and services; all the operations of execution, delivery, relocation and mounting performed in the workshop or on the site, including all the required materials and the necessary additional services in order to deliver to the Beneficiary an adequate performing object.

All the operation of site cleaning and maintenance during work execution, protection against dirty and deterioration of the finalized structures, evacuation of resulting waste, remainders, packages and similar and the final site cleaning before the delivering will be also included in the offers price.

Cost of waste evacuation works

All the resulted remainders, packages, drilling waste, demolition other similar waste will be evacuated from the site according to the local regulations. The total cost of these operations will be included in the price.

B.3.10.0  Responsibilities

The works will be performed under the full responsibility of the tenderer who will be responsible for any kind of damage. The proof of the existence of an available professional insurance policy is a condition for assigning the contract.

B.3.11.0  The obligation of maintaining the site clean

The Contractor has to provide the permanent site cleaning.

If the public or private access roads will be soiled during the works, they have to be cleaned not later than at the end of each working day. Especially during the winter time, the snow must be permanently removed from the roads and measures of slide prevention must be taken.

B.3.12.0  Measures for the protection of the construction during the winter period and also protection against bad weather

All the protection measures which must be taken by the Contractor and the sub-contractors (hired by the Beneficiary) during the work in winter period will be included in the price and will not be paid separately.

B.3.13.0  The connection to the utilities

The connections to electricity, water and sewerage system will be provided by the Contractor. In the case some of them are provided by the Beneficiary, the value of the invoices for utilities consumption shall be invoiced from the Beneficiary to the Contractor (including VAT if applicable) and deducted accordingly from the intermediate payments and from the final payment as the case may be.

B.3.14.0  Damages

Any damage produced to the ducts, cables, underground and above- ground pipes and other similar objects, to the access and public roads will be professionally repaired.

B.3.15.0  Cooperation with other Contractors

The Contractor has the responsibility to set in due time the agreements with all the involved specialists.

B.3.16.0  Pegging out works

The annexes of the buildings to be built are going to be pegged out by an authorized land surveyor, including the details concerning the coordinations and altitudes. The existing pegging out landmark as well as the newly executed landmarks for the pegging out must be permanently protected.

The eventual approvals necessary from the authorizes will be asked in time, this being the Contractors responsibilities.

B.3.17.0  Size tolerances are according to the norms in force in Romania

B.3.18.0  Working, mounting and assembling drawings

For the execution of the building, the Contractor will receive the final dispositions, architecture details, the static calculation of the bearing structure, the framework and reinforcement drawings.

All the additional details necessary on site (workshop drawing), the assembling or additional static calculation drawings will be carried out by the Contractor on his own expenses and in right time, such as to be verified by the Beneficiary before the execution of the respective works. The approval of the drawings by the Beneficiary or Designer does not exonerate the Contractor of responsibility.

B.3.19.0  Additional costs for the purchase of the materials

There should not be excluded the situations that some materials are not available in time, their purchase being necessary form the neighbor countries. The additional costs resulted under these circumstances must be assessed by the Contractor and included in the unit prices or lump sum prices provided in the Bill of Quantities. No additional shall be paid apart for the cost provided in the Tender.

B.3.20.0 Tender price

If not other wise specified, the following works will also be included in the tender price: all the measurements requested in the preliminary comments, specifications and conditions; all the difficult works, normal works and indicated services; all the execution works, supplying, moving, mounting works in shop and on site, including all the materials and additional services necessary for the execution of the entire building and its handling over to the Beneficiary.

All the cleaning and maintenance works during work execution, the protection of the finished structures against dust and damage, evacuation of the garbage, rests of the packages and the final cleaning before taking-over will be included in the offer price.

B.4  Common expenses of the site

B.4.1.0  Site arrangement and land cleaning

Arrangement of the site in order to be ready for work.

If the following works are not specified, they will be included in the calculation:

Arrangement and maintenance of the site during work executions. The transportation on site of the necessary devices, of the equipment, tools, markers and lifting devices, in the necessary quantity and of the office container for own usage, including its securization measures (closing system, fire prevention measures for the construction works) and estimation of the all costs and expenses. Mounting and maintenance of the identification panel of the site, of the container with the sanitary blocks, storage surfaces, connections to the utilities of the city for electricity and water and their distribution networks, site lighting (lighting of the building under construction and its equipment) and the office for projects monitoring (work supervision) by the Beneficiary, mounting of the alarm lighting system during night. Measures and previsions concerning the final cleaning of the all surfaces used during construction and bringing them to the initial conditions in case of soil and sub-soil of pollution. Protection measures of the own devices against bad climate conditions (cold, rainfall, wind, heat) will also be included in the costs calculations (framework removal, water drainage). Also, there will be included the costs necessary for the water, electric power supply, devices usage, maintenance and cleaning operations, safety measures for the protection of the building, medical insurances, site and site arrangement insurances, eventual costs for transformer station necessary for the supply of the cranes or mixing installations, expenses with staff (Chief site, technicians, all the administrative staff etc.).

B.4.2.0  Site security

The Contractor is to ensure that a Guard(s) are used after the working hours permanently.

The site guard after the normal working hours will be assured by the permanent presence of the guard personnel and to be paid by the Contractor during the execution period of the Works.

B.4.3.0  Technical survey, pegging out as per Romanian legislation

The Contractor is responsible for the technical survey and pegging out of the Site as per Romanian legislation.

The building is going to be pegged out by a specialized engineer in topography.

All the acts and notices will be submitted to the Beneficiary in minimum 3 copies.

B.4.4.0  Surroundings, height of the fence 1.5 -2.0 m above the earth level

For the entire perimeter of the Site, the tenderer is responsible for installing a non-transparent fence, his choice (including the entrance and exit gates) according to the authorities requests, and it will be kept during the entire work executions, until the final arrangement of the precinct.

This item, the tenderer must include within the overall tender price.