EFECTOS SOBRE LA SUPERFICIE METÁLICA

1.2.1 Metric Components

All components for incorporation into the Works shall be in metric units. However, when metric components are not available, their equivalent in imperial units may, subject to the approval of the SO Rep, be used and such substitution shall not constitute a variation to the Contract.

1.2.2 Materials And Workmanship

When directed, furnish the SO Rep with approved documents to prove that materials are as specified. The documents shall include but not limited to any or all of the following, such that the authenticity of the materials can be easily ascertained :

(a) shipping documents (b) serial numbers (c) warranty certificates

In the event that any documents submitted are not original copies, they shall be duly certified by the originating parties. No information within the documents shall be tampered with, unless it is clearly discernible that the items are not related to the materials specified in the Contract.

Where specific brand and model number are specified, or where alternative brands and model numbers are offered by the Contractor and accepted by the SO Rep, it shall be deemed that the finished products are entirely of original make by the registered Manufacturer and are fully supported by the Manufacturer's warranty. In the event that any alteration is made to the goods by a local agent or any other intermediary, the approval of the SO Rep shall be sought and the result of the alteration shall be fully supported by the Manufacturer such that the Manufacturer's warranty is maintained.

All references to local or foreign standards and/or Codes of Practice shall be deemed to be inclusive of the prevailing amendments to these standards and/or Codes of Practice.

Samples of materials shall be submitted to the SO Rep for approval before order is placed with the supplier.

Such approval by the SO Rep shall not relieve the Contractor of its obligations under the Contract. The Contractor shall ensure that the materials are free from any defects, damages or any other flaws.

1.2.3 Approval Of Samples And Trade Names

Where trade names or catalogue numbers are specified in the Specifications and/or shown in the Drawings, they are intended only to serve as a guide to the respective type and quality of material required. Other material proposed by the Contractor may be used subject to the prior approval of the SO Rep. In this respect, the Contractor shall submit samples of the proposed material to the SO Rep for approval.

1.2.3 Approval Of Samples And Trade Names (Cont'd)

When a sample is approved by the SO Rep and subsequently work is carried out in accordance with this approved sample, any cost difference resulting from the higher price of the approved sample as compared with the price of the material as required and/or as shown shall not be payable to the Contractor, unless the change of material is ordered by the SO Rep. With the exception of lighting luminares, where the requirements for cost recovery are provided for differently, in the event that the price of the approved sample is lower than that of the material as required and/or as shown, the cost difference shall be recovered by the Employer by way of contract variation in accordance with the following table :

Recovery (or Non-Recovery) by the Employer from the Contractor in the event that the price of the approved material is lower than that of the material as required and/or as shown

S/N Material as required

On the HDB Materials List Not On the HDB Materials List

Not On the HDB Materials List

Not On the HDB Materials List On the HDB Materials List

Not On the HDB Materials List )

For lighting luminaires, in the event that the price of the approved sample is lower than that of the material as required and/or as shown, the cost difference shall be recovered by the Employer by way of contract variation regardless of whether or not the approved sample and/or the material as required and/or as shown are shown in the HDB Materials List

For the purposes of this subclause only, the applicable HDB Materials List shall be the prevailing HDB Materials List applicable at the time the Contractor submit the material for approval by the SO Rep.

Where cost recovery is required, the basis for such adjustment shall be the difference between the price of the proposed material and that of the material as required and/or as shown (where one type of material is specified) or that of the cheapest of the materials as required and/or as shown (where more than one type of material is specified).

The Contractor shall point out to the SO Rep all items in the approved sample which do not comply with the Specifications and/or Drawings.

Notwithstanding approval of the sample by the SO Rep, the Contractor shall be liable for any items in the sample which do not comply with the Specifications and/or Drawings and which the Contractor has failed to point out to the SO Rep.

Where the Contract requires the Contractor to obtain materials from the HDB Materials List or where it is specified that materials provided are subject to the approval of the SO Rep, such requirements shall not in any way affect, vary or relieve the Contractor's obligations under the Contract.

The Contractor shall ensure that the materials used or selected by them:

(a) are free from defects, damages or faults;

(b) are of merchantable quality and fit for their intended purpose; and (c) comply with the Specifications and/or Drawings.

1.2.4 Samples

Samples of materials specified and proposed to be provided shall be submitted for the approval of the SO Rep as required. The SO Rep shall retain samples as and when approved by him and shall be at liberty to reject all materials not corresponding with the approved samples.

1.2.5 Precautions Against Materials Being Taken Out Of Site

The Contractor shall be responsible for the safe custody of cement and all other materials delivered to the Site and ensure adequate protection and prevention of such materials from being taken out of the Site.

The SO Rep will not accept any excuse for materials taken out of the Site by the Contractor, his foreman or other individual even without the knowledge of the Contractor who shall be deemed to have provided for proper control against such malpractice. If it is established that cement or any other material is taken out of the construction site without specific written approval from the SO Rep, this shall be deemed to be an irregularity and inter-alia, the right of the Contractor to compensation for price fluctuations for all materials shall lapse.

1.2.6 Approval For Use Of Ready-Mixed Concrete

The Contractor shall seek the written approval of the SO Rep for the use of ready-mixed concrete. Such approval to use ready-mixed concrete shall be subject to the terms and conditions set by the Employer and all Delivery Orders for the ready-mixed concrete delivered to the Site shall be endorsed by the Resident Technical Officer and submitted to the SO Rep.

1.3 LABOUR

1.3.1 Labour Laws

Pay workmen promptly, and observe workmen's working hours and holidays in accordance with current laws and regulations. Keep records and produce them for inspection by the SO Rep.

1.3.2 Keeping Records Of Workmen

The Contractor shall comply with all labour laws regarding the engagement of non-citizen workmen. Work Permits from MOM must be obtained for these workmen. Liable for and indemnify the Employer in respect of all actions against the Employer for employing foreign workmen without permits.

Keep proper records of all workmen engaged on Site. These records shall include the following information :

(a) Name of Workmen (and alias if any) (b) Identity Card No./Passport No.

(c) Address

(d) Work Permit No., if any (e) Expiry date of work permit

This information must be recorded before any workman is allowed to commence duty. Severe action will be taken by the SO Rep if the Contractor fails to record any of the abovementioned information of any worker found at the Site.

1.3.3 Employment Of Illegal Immigrants

For the purpose of this subclause, "illegal immigrant" means any person who enters the Republic of Singapore in contravention of the provisions of the Immigration Act or any statutory modification or re-enactment thereof.

The Contractor shall ascertain the legitimacy of all Foreign Workers employed by any sub-contractor prior to employment and throughout the Time for Completion and any time period where liquidated damages are imposed under the Contract. Clarifications as to the legitimacy of Foreign Workers may be made with the Immigration Authority, the Ministry of Manpower and/or Police.

Ensure that no illegal immigrants are employed by him and/or any sub-contractor in the execution of the Works. The Employer shall not be responsible for any such act or acts by the Contractor and/or any of his sub-contractors and the Contractor shall indemnify the Employer for all consequences arising thereof.

1.3.4 Employment Of Civil Engineers

The Contractor shall employ Civil Engineers with recognised and approved engineering degree or professional diploma acceptable for registration with the Professional Engineers' Board, to supervise the Works and manage the Site on a full-time basis throughout the Time for Completion and any time period where liquidated damages are imposed under the Contract. The said Civil Engineers shall be stationed on Site on a full-time basis and shall be expected to manage the project efficiently and ensure a high standard of workmanship and site organisation.

1.3.4 Employment Of Civil Engineers (Cont'd)

The number of Civil Engineers to be employed for the purpose of this subclause shall be in accordance with the following table :

Type of Contract Contract Sum

Number of Civil Engineers to be employed per Contract Roads, Carparks, Sewers,

Drains, Bridges, Earthworks & Other Related Works

More than or equal to $3.0 million 1

Less than or equal to $50 million 2 More than $50 million but less than or

equal to $100 million Reclamation 3

More than $100 million 5

Less than or equal to $40 million 2 More than $40 million but less than or

equal to $60 million Bored & Steel Piling 3

More than $60 million 4

Soil Investigation All contracts regardless of Contract Sum Value

1

Include in the Contract Sum all costs and expenses to be incurred for compliance with the requirements stipulated in this subclause.

In the event of the Contractor not employing the number of engineers required by the Contract or not employing such engineers for the period or periods required by the Contract, without prejudice to the Employer's rights under the Contract, the Contractor shall be indebted to the Employer at the rate of

$6,400 per month per engineer not employed and such indebtedness shall be deducted by the Employer from any monies due or becoming due to the Contractor or be recovered by the Employer as a debt due from the Contractor. This rate shall be deemed to have been fully agreed and accepted by the Contractor and the Employer as the cost and expense allowed by the Contractor for the employment of an engineer for each month. For the purpose of this subclause a Civil Engineer shall be employed by the Contractor for at least 20 days within a calendar month before he can be considered as being employed for that particular month under the Contract. In the event that the first and last calendar month of the Time for Completion and any time period where liquidated damages are imposed under the Contract have less than twenty days, the Civil Engineers shall be employed for the full number of days in the said first and last calendar month.

Notwithstanding other provisions in this subclause, if the Contractor incurs additional cost and expense over and above the agreed rate specified herein in complying with the requirements stipulated in this subclause, the Contractor alone shall bear such additional cost and expense in full.

Submit to the SO Rep within one month from the date of the Letter of Acceptance, the names, identity card numbers and documentary evidence of the educational qualifications of the said Civil Engineers. The employment of the said Civil Engineers shall be subject to the approval of the SO Rep.

1.3.4 Employment Of Civil Engineers (Cont'd) In addition, fulfill the following requirements :

(a) The Civil Engineers employed shall be on the Contractor's monthly payroll. Keep records indicating the number of days the engineers are employed for each month and the monthly contributions to CPF. Such information may be proof of employment of the Civil Engineers and shall be submitted to the SO Rep upon request;

(b) A letter from every Civil Engineer employed shall be submitted to the SO Rep to testify that he is employed full-time for this Contract only;

(c) Further to (b) above, if any Civil Engineer is found supervising more than one running contracts, the particular Civil Engineer will be barred from supervising all the Employer's contracts for a period of two years from the date of the breach.

It shall be the Contractor's duty to bring to the attention of the engineers the requirements of this subclause.

The SO Rep may consider request by the Contractor in writing to release his Civil Engineer from the obligation of this subclause if the Contract has been certified more than 95% complete. It shall be up to the absolute discretion of the SO Rep to decide whether the Contractor's Civil Engineer can be released and the number of Civil Engineers to be released from the Contractor's contractual obligation under this subclause. A written approval from the SO Rep shall be obtained in this respect.

All differences and/or disputes arising under this subclause (including questions relating to interpretation) shall be determined by the Superintending Officer whose decision shall be final and binding on and conclusive against the Contractor.