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1 - Contractor's General Obligations The Contractor shall design, execute and complete the Works in accordance with the Contract, and shall remedy any defects in the Works. When completed, the Works shall be fit for the purposes for which the Works are intended as defined in the Contract The Contractor shall provide the Plant and Contractor's Documents specified in the Contract and all Contractor's Personnel, Goods, consumables and other things and services, whether of a temporary or permanent nature, required in and for this design, execution, completion and remedying of defects
Clause 4.1 - Contractor's
The Works shall include any work which is necessary to satisfy the Employer's Requirements, Contractor's Proposal and Schedules, or is implied by the Contract, and all works which (although not mentioned in the Contract) are necessary for stability or for the completion, or safe and proper operation, of the Works. The Contractor shall be responsible for the adequacy, stability and safety of all Site operations, of all methods of construction and of all the Works.
Clause 4.5 - Nominated Subcontractors In this Sub-Clause, "nominated Subcontractor" means a Subcontractor whom the Engineer, under Clause 13 [Variations and Adjustments], instructs the Contractor to employ as a Subcontractor. The Contractor shall not be under any obligation to employ a nominated Subcontractor against whom the Contractor raises reasonable objection by notice to the Engineer as soon as practicable, with supporting particulars.
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Clause 5.1 - General Design Obligations The Contractor shall carry out, and be responsible for, the design of the Works. Design shall be prepared by qualified designers who are engineers or other professionals who comply with the criteria (if any) stated in the Employer's Requirements. Unless otherwise stated in the Contract, the Contractor shall submit to the Engineer for consent the name and particulars of each proposed designer and design Subcontractor.
Clause 5.2 - Contractor's
The Contractor's Documents shall comprise the technical documents specified in the Employer's Requirements, documents required to satisfy all regulatory approvals, and the documents described in Sub-Clause 5.6 [As-Built Documents] and Sub-Clause 5.7 [Operations and Maintenance Manuals]. If the Employer's Requirements describe the Contractor's Documents which are to be submitted to the Engineer for review Contd ..
together with a notice as described below. within the review period. if specified.2 .Contractor's Documents Any such approval or consent or any review (under this SubClause or otherwise). The Engineer may. at the Contractor's cost.Contractor's Documents and/or for approval. it shall be rectified. DAVIES ARNOLD COOf'ER Clause 5.Clause 5. If a Contractor's Document so fails to comply. approved) in accordance with this Sub-Clause. they shall be submitted accordingly. Contd . shall not relieve the Contractor from any obligation or responsibility. give notice to the Contractor that a Contractor's Document fails (to the extent stated) to comply with the Contract. resubmitted and reviewed (and.2 ... nAVIES ARNOLD COOI'ER 4 .
and in the presence of such Contractor's Personnel as either Party may reasonably request OAVIES ARNOLD COOl'ER 5 . fuel. instruments.. DAVI rs ARNOl() COOrcR Clause 12 .7 (Operation and Maintenance Manuals] and such guidance as the Contractor may be required to give during the course of these Tests. materials and suitably qualified and experienced staff. labour. the Employer shall: (a) provide all electricity. equipment.Tests after Completion (b) carry out the Tests after Completion in accordance with the manuals supplied by the Contractor under Sub-Clause 5. as are necessary to carry out the Tests after Completion efficiently.Procedure for Tests after Completion If Tests after completion are specified in the Contract.Clause 12. Unless otherwise stated in the Particular Conditions.. this Clause shall apply.1 . and Contd .
5 . taking due regard of all relevant circumstances. DAVllS ARNOLD COOVER 6 . (c) Any quantities which may be set out in a Schedule are estimated quantities and are not to be taken as the actual and correct quantities of the Works which the Contractor is required to execute. DAVlfS ARNOLD COOPER Clause 3.1 .5 to agree or determine any matter.Determinations Whenever these Conditions provide that the Employer shall proceed in accordance with this Sub-Clause 3. the Employer shall consult with the Contractor in an endeavour to reach agreement If agreement is not achieved the Employer shall make a fair determination in accordance with the Contract.Clause 14.The Contract Price Unless otherwise stated in the Particular Conditions: (a) the Contract Price shall be the lump sum Accepted Contract Amount and be subject to adjustments in accordance with the Contract. Conte.
DAV!£S ARNOLD COOPER Clause 4. execute and complete the Works in accordance with the Contract.5 . and shaf remedy any defects in the Works.Clause 3.1 . When completed. unless the Contractor gives notice.Contractor's General Obligations The Contractor shall design. with supporting particulars. Each Party shall give effect to each agreement or determination. to the Employer.4 [Obtaining Dispute Adjudication Board's Decision]. of his dissatisfaction with a determination within 14 days of receiving it Either Party may then refer the dispute to the DAB in accordance with Sub-Clause 20.Determinations The Employer shall give notice to the Contractor of each agreement or determination. the Works shall be fit for the purposes for which the Works are intended as defined in the Contract OAVIES ARNOLD COOl'!:R 7 .
DAVI ES ARNOLD C()(H'ER 8 . the Contractor accepts total responsibility for having foreseen all difficulties and costs of successfully completing the Works.12 . (b) By signing the Contract.Unforeseeable Difficulties (c) The Contract Price shall not be adjusted to take account of any unforeseen difficulties or costs. contingencies and other circumstances which may influence or affect the Works. and DAVI £5 ARNOLD COOP£R Clause 4.Unforeseeable Difficulties Except as otherwise stated in the Contract: (a) The Contractor shall be deemed to have obtained all necessary information as to risks.Clause 4.12 .
1 .General Design Obligations However. except as stated below. Contd . DAVIES ARNOLD COOf'fR 9 ..General Design Obligations The Contractor shall be deemed to have scrutinised.1 . prior to the Base Date. Contd . DAVIES ARNOLD COOPl'R Clause 5. the Employer shall be responsible for the correctness of the following portions of the Employer's Requirements and of the following data and information provided by (or on behalf of) the Employer: (a) portions.Clause 5. The Contractor shall be responsible for the design of the Works and for the accuracy of such Employer's Requirements (including design criteria and calculations).. if any). the Employer's Requirements (including design criteria and calculations.. data and information which are stated in the Contract as being immutable or the responsibility of the Employer..
except as otherwise stated in the Contract DAVIES !. The Employer may.2 . (c) criteria for the testing and performance of the completed Works. they shall be submitted accordingly.Contractor's Documents If the Employer's Requirements describe the Contractor's Documents which are to be submitted to the Employer for review. and (d) portions. data and information which cannot be verified by the Contractor. resubmitted and reviewed in accordance with this Sub-Clause. within the review period.Clause 5.1 . it shall be rectified. give notice to the Contractor that a Contractor's Document fails (to the extent stated) to comply with the Contract If a Contractor's Document so fails to comply.General Design Obligations (b) definitions of intended purposes of the Works or any parts thereof.kNOtD COOPER Clause 5. at the Contractor's cost OAVlfS ARNOtD COOPER 10 .
except as may be stated in the Contract or as may be agreed by both Parties.Clause 10. this Clause shall apply. DAVitS ARNOLD COOPfR 11 .2 .Procedure for Tests after Completion If Tests after Completion are specified in the Contract. DAY! [5 ARNOLD COOl'tR Clause 12. Unless otherwise stated in the Particular Conditions: (c) The Contractor shall carry out the Tests after Completion in the presence of such Employer's and/or Contractor's Personnel as either Party may reasonably request.1 .Taking Over of Parts of the Works Parts of the Works (other than Sections) shall not be taken over or used by the Employer.
the adjustments shall be calculated in accordance with the provisions in the Particular Conditions.Clause 13. DAVIES ARNOLD COOPER Clause 14.The Contract Price Unless otherwise stated in the Particular Conditions: (a) payment for the Works shall be made on the basis of the lump sum Contract Price.1 .Adjustments for Changes in Costs If the Contract Price is to be adjusted for rises or falls in the cost of labour.8 . DAV! FS A RNO! o COO l'f R 12 . subject to adjustments in accordance with the Contract. goods and other inputs to the Works.
DAVI£S ARNOLD COOrtR Clause 1.1.Bank "Sank" means the financing institution (if any) named in the Contract Data.Timing of Payments Except as otherwise stated in Sub-Clause 2.1.Clause 14. DAVIES ARNOLD COOPER l3 .1.11 .Contract Data "Contract Data" means the pages completed by the Employer entitled contract data which constitute Part A of the Particular Conditions.5 (Employer's Claims].7 . Contd . other than the Final Statement.. within 56 days after receiving the Statement and supporting documents.10 . the Employer shall pay to the Contractor: (b) the amount which is due in respect of each Statement. Clause 1.2.
2 -Interpretation In these Conditions.Borrower "Borrower" means the person (if any) named as the borrower in the Contract Data.1.12 .2. DAVIES ARNOLD COOPER 14 . provisions including the expression "Cost plus profit" require this profit to be one-twentieth (5%) of this Cost unless otherwise indicated in the Contract Data.Clause 1. DAVI ES ARNOLD COOP£R Clause 1.
Employer's Financial Arrangements In addition. DAVIES ARNOLD COOf'ER Clause 2. including the date of such notification. the Employer shall give notice of such suspension to the Contractor with detailed particulars. DAVI rs ARNOLD COOI'tR 15 . the Employer shall provide reasonable evidence in such notice of the extent to which such funds will be available.15 -Inspections and Audit by the Bank The Contractor shall permit the Bank and/or persons appointed by the Bank to inspect the Site and/or the Contractor's accounts and records relating to the performance of the Contract and to have such accounts and records audited by auditors appointed by the Bank if required by the Bank.4 . If alternative funds will be available in appropriate currencies to the Employer to continue making payments to the Contractor beyond a date 60 days after the date of Bank notification of the suspension. with a copy to the Engineer. which finances in whole or in part the execution of the Works.Clause 1. within 7 days of the Borrower having received the suspension notification from the Bank. if the Bank has notified to the Borrower that the Bank has suspended disbursements under its loan.
DAVIES ARNOLD COOPER 16 . except: Contd .Engineer's Duties and Authority The Engineer shall obtain the specific approval of the Employer before taking action under the following Sub-Clauses of these Conditions: (a) Sub-Clause 4.1 or 13.12: Agreeing or determining an extension of time and/or additional cost. or (ii) if such a Variation would increase the Accepted Contract Amount by less than the percentage specified in the Contract Data..Clause 3. (b) Sub-Clause 13.1: Instructing a Variation..1 .3: Approving a proposal for Variation submitted by the Contractor in accordance with Sub-Clause 13. DAVIES ARNOLD COOHR Clause 3.2 Contd . (c) Sub-Clause 13..1 .Engineer's Duties and Authority (i) in an emergency situation as determined by the Engineer.
4: Specifying the amount payable in each of the applicable currencies.Engineer's Duties and Authority (d) Sub-Clause 13. DAVIES ARNOlD COOI'fR 17 .Clause 3.1 .Contractor's General Obligations All equipment.1 . material and services to be incorporated in or required for the Works shall have their origin in any eligible source country as defined by the Bank. DAVIES ARNOLD COOPER Clause 4.
DAVIES ARNOLl) COOf'ER Clause 8.1 .. DAVIES ARNOtl) COOI'ER 18 . the Commencement Date shall be the date at which the following precedent conditions have all been fulfilled and the Engineer's instruction recording the agreement of both Parties on such fulfilment and instructing to commence the Work is received by the Contractor: (a) signature of the Contract Agreement by both Parties. approval of the Contract by relevant authorities of the Country: Contd . to the extent practicable and reasonable. and if required.Clause 6. Clause 6 also generally contains welfare provisions.Commencement of Works Except otherwise specified in the Particular Conditions of Contract.Engagement of Staff and Labour The Contractor is encouraged. to employ staff and labour with appropriate qualifications and experience from sources with the Country.1 ..
2 [Advance Payment] provided that the corresponding bank guarantee has been delivered by the Contractor.4 [Employer's Financial Arrangement]): (c) Except if otherwise specified in the Contract Data.Commencement of Work (b) delivery to the Contractor of reasonable evidence of the Employer's Financial arrangements (under Sub-clause 2.. DAVIES A RNOL f) COO f' rR 19 . oxvn. and possession of the Site given to the Contractor together with such permission(s) under (a) of Sub-Clause 1. Contd .s ARNOLD COOl'lR Clause 8.3 [Compliance with Laws] as required for the commencement of the Works.Commencement of Work (d) receipt by the Contractor of the Advance Payment under SubClause 14..1 .1 .Clause 8.
Contractor's Entitlement to Suspend Work Notwithstanding the above. in whole or in part. the Contractor may by notice suspend work or reduce the rate of work at any time.Payment of Retention Money Unless otherwise stated in the Particular Conditions.1 . and no alternative funds are available as provided for in Sub-Clause [Employer's Financial Arrangements]. in the form annexed to the Particular Conditions or in another form approved by the Employer and provided by an entity approved by the Employer. for the second half of the Retention Money. DAVlfS ARNOLD COOl'ER 20 . if the Bank has suspended disbursements under the loan or credit from which payments to the Contractor are being made. when the Taking-Over Certificate has been issued for the Works and the first half of the Retention Money has been certified for payment by the Engineer. but not less than seven days after the Borrower having received the suspension notification from the Bank. the Contractor shall be entitled to substitute a guarantee. DAVIES ARNOLD COOPER Clause 16.9 .Clause 14. for the execution of the Works.
international arbitration with proceedings administered by the institution appointed in the Contract Data conducted in accordance with the rules of arbitration Contd. Unless otherwise agreed by both Parties: (a) For contracts with foreign contractors. (c) the arbitration shall be conducted in the language for Contd . if any. (b) the place of arbitration shall be the city where the headquarters of the appointed arbitration institution is located.D COOPER Clause 20.<.Arbitration Unless indicated otherwise in the Particular Conditions.6 .Arbitration of the appointed institution. DAVIES ARNOl. or in accordance with UNCITRAL arbitration rules.. any dispute not settled amicably and in respect of which the DB's decision (if any) has not become final and binding shall be finally settled by arbitration.Clause 20.6 . < DAVlES ARNOLD COOPER 21 . at the choice of the appointed institution.
4 [Law and Language). (d) For contracts with domestic contractors.Arbitration Communications and defined in Sub-Clause 1. arbitration with proceedings conducted in accordance with the laws of the Employer's country. DAVIES ARNOLD COOP£R 22 .6 .Clause 20.
Notes for preparing Particular Conditions Part B ."Pre-press Seminar Edition" published in September for contract use 2007 .Special Provisions are not included" "Neither are sample forms.Contract Data are essentially complete.Not intended Working document for FIDIC Seminars to launch the Gold Book "While the General Conditions and Particular Conditions Part A ." "FIDIC aims to publish a complete Trial or First Edition that includes the missing parts in 2008" DAVIES ARNOLD COOI'ER 1 .
FIDIC "has chosen to adopt the green-field Design-Build-Operate with a 20 year operation period" scenario FIDIC "has opted for a single contract awarded to a single contracting entity to optimise the coordination of innovation. are referred to the DBO Contract Guide (planned for publication by FIDIC at a later date). which identifies the clauses which will require amending by including Special Provisions. rather than award separate contracts for design-build and for operation" "Users who wish to adopt the conditions for use with a different scenario or with an operation period significantly different to the 20 year period assumed. quality and performance. and gives comprehensive guidelines and suggestions on how the various issues should be addressed" DAVIES ARNOLD COOPER Time Minimising delays and optimising construction activitites Financial "Single point" responsibility and long term commitments Quality Fitness for purpose and long term reliability Optimisation of life cycle costs DAVIES ARNOLD COOPER 2 .
Special Provisions • Sample Forms • Guide (2008) of DAVIES ARNOLD COOPER Principal parties Employer Employer's Representative Contractor Principal stages Design and Completion) planning (to include any residual life after Contract (contract administrator) Build and Construction (Design-Build) Operate and Maintain (Operation Service Period) DAVIES ARNOLD COOI'ER 3 .20 clause layout Design-Build provisions based closely on the Yellow Book (Conditions Contract for Plant and Design-Build) Same terminology and definitions as the Yellow Book (where appropriate): • Flow Charts • General Conditions • Particular Conditions: Part A .Contract Data Part B .
• providing spares between schedule dates for major plant replacement.The Contract Price The aggregate of the amounts submitted by the Contractor for the Designbuild and the Operation Service . or • replacement of Plant Replacement Schedule and Materials not identified in the Asset Any money remaining in the fund after Contract Completion in consequence of the parties having agreed not to implement planned replacement to be shared equally between them DAVIES ARNOLD COOPER 4 .including the Asset Replacement Fund Asset Replacement Fund Provides the funding for the replacement of items of Plant identified in the Asset Replacement Schedule required for the continued efficient operation of the Works during the Operation Service Period DAVIES ARNOLD COOPER Does not cover: • routine maintenance associated with the correction of defects. • replacement of Plant and Material which have a life expectancy of less than five years.
Date to the date stated in Starts on the Commencement Defined as the period from the Commencement the Commissioning Certificate. in or through the Site Use or occupation of the Site by the Works or for the purpose of design.Design-Build Period Date. construction or completion of the Works Use or occupation by the Employer of any part of the Permanent Works (except as may be specified in the Contract) DAVIES ARNOLD COOI'ER 5 . and Ends by the Time for Completion of Design-Build (as extended) Delay damages To be paid for every day which elapses between the Time for Completion of Design-Build (as extended) and the date stated in the Commissioning Certificate DAYI ES ARNOLD COOPER Financial loss. under. over. delay or damage allocated to the Employer under the Contract or for which the Employer is liable by law (unless otherwise modified under the Contract) Employer's right to construct the Works on.
revolution. explosive materials. commotion or disorder by persons other than the Contractor's Personnel and other employees of the Contractor and Subcontractors Strike or lock out by persons other than the Contractor's Personnel etc War munitions. defect or omission in any element of the design of the Works (except for design carried out by the Contractor pursuant to its contractual obi igations) Any operation of the forces of nature (other than those allocated to the contractor in the Contract Data) against which an experienced Contractor could not reasonably have been expected to have taken adequate preventative precautions The Exceptional Book) Risks (similar to the Employer's Risks under the Yellow DAVI ES ARNOLD COOPER War. insurrection.Damage due to any interference with any right of way. light. rebellion. water or other easement (other than that resulting from the Contractor's methods of operation and maintenance) which is the unavoidable result of the construction of the Works in accordance with the Contract Fault. hostilities. usurped power or civil war terrorism. error. military or Riot. ionising radiation or contamination radioactivity by Natural catastrophes which are Unforeseeable or against which the Contractor could not reasonably have been expected to have taken adequate preventative precautions DAVIES ARNOLD COOPER 6 . air.
and • payment of Cost Plus Profit (only entitled to Cost under the Yellow Book) delay or to incur Cost. DAVIES ARNOLD COOPER Joint names insurance covering damage to the Works and Materials and Plant for incorporation however caused (and an additional sum of 15% of such replacement value to cover additional costs such as professional fees) Contractor's Equipment Liability for Breach of Professional Duty. including a breach resulting in the Works not being fit for purpose and resulting in any loss or damage to the Employer (no such insurance referred to in the Yellow Book) Injury to Persons (including the Contractor's Property employees) and Damage to Other Insurances required by Law or local practice (no such insurance referred to in the Yellow Book) DAVIES ARNOLD COOPER 7 .Contractor to give notice of the damage to the Employer's Representative and to rectify the damage to the extent required by his instruction (which instruction is to be deemed a variation unlike under the Yellow Book) If remedying the damage causes the Contractor Contractor entitled to: • an extension of time.
the Employer may: the Design-Build prior to the Cut Off • permit the Contractor to continue the Design-Build for a further specified period. • As-Built Documents. and • Operation and Maintenance Manuals The Commissioning been issued) Certificate has been issued (or is deemed to have DAYI ES ARNOLD COOPER Cut Off Date is the period of time (specified in the Contract Data) after the Time for Completion of Design-Build (as extended) If the Contractor fails to complete Date. namely: • the technical documents specified in the Employer's Requirements.Tests on Completion of the Design-Build have been passed Contractor's documents have been provided to the Employer. • documents required to satisfy all regulatory approvals. or • terminate the Contract (and recover any direct loss caused) DAVIES ARNOLD COOPER 8 .
No defects liability period Outstanding works to be completed as soon as practicable after the date stated in the Commissioning Certificate and in any event not later than one year after that date Work required to remedy defects or damage notified by the Employer to be executed Final payment for the Design-Build Period not to be certified until the Employer's Representative has certified that these works have been completed to his satisfaction DAYI ES ARNOLD COOPER First half paid on the issue of the Commissioning Certificate for the Works Contractor entitled to payment of the second half in the Final Certificate for Design-Build Contractor to submit the application for the Final Certificate Build on the expiry of the Retention Period for Design- Retention Period is the period of one year after the date stated in the Commissioning Certificate for the completion of outstanding work DAVIES ARNOLD COOPER 9 .
Operation Service Period: Starts on the date stated in the Commissioning Certificate Ends on the date stated in the Contract Completion Certificate Contract Period The aggregate Period of the Design-Build Period and the Operation Service DAVIES ARNOLD COOPER The set of procedures and requirements provided by the Employer in the Contract Documents for the proper implementation of the Operation Service Contractor to comply with the Operation Management System and any revisions to that system agreed during the Contract Period Contractor in complying with the system to follow the requirements • the Operation and Maintenance Plan • the Operation and Maintenance Manuals of: DAVIES ARNOLD COOPER 10 .
maintain.Operation and Maintenance Plan submitted by the The plan for operating and maintaining the facility Contractor and agreed and included in the Contract Operation and Maintenance Manuals Contractor to provide copies of all such manuals prior to the start of the Commissioning Period in sufficient detail to allow the Employer to operate. adjust and repair the Plant Contractor to provide the balance of the manuals prior to the issue of the Commissioning Certificate DAVI ES ARNOLD COOPER Fund to be created during the Operation Service Period by deducting 5% from the value of each Interim Payment: • starting with the first payment following the issue of the Commissioning Certificate. dismantle. reassemble. and • continuing until the last Interim Payment Certificate is issued or until the amount in the fund has reached the value (if any) stated in the Contract Data (whichever is the earlier) Employer may recover from the fund the cost of carrying out maintenance itself in the event of the Contractor's failure to maintain Any funds remaining in the fund to be paid to the Contractor with the final payment following the issue of the Contract Completion Certificate Fund may be replaced by a Maintenance Retention Guarantee D:\ V I E S A R N 0 lD COO r E It 11 .
Employer and Contractor jointly to appoint the Auditing Body to carry out an independent and impartial audit during the Operation Service Terms of appointment to be included in the Employer's Requirements Purpose to audit and monitor the parties' performance during the Operation Service in accordance with the Operation Management System Payment of the Auditing Body to be made from the Provisional included in the Contract for that purpose Sum DAVIES ARNOLD COOPER Royalty free licence granted by the Employer to the Contractor to operate and maintain the Plant during the Operation Service Period Licence to come into effect automatically upon the issue of the Commissioning Certificate and to remain in force until the issue of the Contract Completion Certificate DAVIES ARNOLD COOPER 12 .
loss or damage Compensation payable on the same basis as for delays and interruptions Contractor may request permission to proceed if the suspension lasts for more than 84 days Contractor may terminate if the Employer's Representative permission to proceed within 28 days of the request does not give DAVIES ARNOLD COOI'ER 13 . overhead losses) Total amount of compensation Contract Data not to exceed the sums stated in the No extension of the Operation Service Period as a result of any such delay or interruption DAYI ES ARNOLD COOPER Employer's Representative may at any time instruct the Contractor suspend progress of the Operation Service to During such suspension Contractor to protect. secure and maintain the Plant against any deterioration.Each party to compensate the other for any such delays or interruptions caused by the that party or for which it is responsible (including revenue. profit and. in the case of the Employer. store.
or • Give the Contractor 56 days notice and terminate the Contract DAY) ES ARNOLD COOPER Financial loss. the Employer may: • Continue with the Operation Service at a reduced level of compensation to be determined. delay or damage allocated to the Employer under the Contract or for which the Employer is liable by law (unless otherwise modified under the Contract) Use or occupation by the Employer of any part of the Permanent Works (except as may be specified in the Contract) Use or occupation of the Site by the Works or for the purpose of operating and maintaining the Permanent Works DAVIES ARNOLD COOl'ER 14 .If the cause of the failure lies with the Employer: • Employer to instruct the Contractor to take the measures it requires • Contractor to be paid its Cost Plus Profit If the cause of the failure lies with the Contractor: • Contractor to take all necessary steps to restore those outputs • Employer to be paid the performance damages specified in the Contract Data If the failure continues for more than 84 days.
error. light.Damage due to any interference with any right of way. air. defect or omission in any element of the design of the Works (except for design carried out by the Contractor pursuant to its contractual obligations) Any operation of the forces of nature against which an experienced Contractor could not reasonably have been expected to have taken adequate preventative precautions The Exceptional Yellow Book) Risks (equivalent to the Employer's Risks under the ARNOLD COOPER DAVIES Joint names Fire and Extended Cover for the Works (Operation Service not to start until the fire cover insurance is effected and the Employer has approved its terms) Injury to Persons (including the Contractor's Property Employees) and Damage to Other Insurances required by Law and by local practice Other Optional Insurances (as set out in the Contract Data) DAVIES ARNOLD COOPER 15 . water or other easement (other than that resulting from the Contractor's methods of operation and maintenance) which is the unavoidable result of operating and maintaining the Permanent Works in accordance with the Contract Fault.
replacements and other works required to satisfy the requirements of the Operation and Maintenance Plan after the Contract Completion Date Employer may instruct the Contractor to carry out any of the works identified in the report prior to Contract Completion Employer to instruct the Contractor to start the Tests Prior to Contract Completion on completion of any instructed such works DAVIES ARNOLD COOPER irests to be carried out towards the end of the Operation Service Period irest results to be compiled Employer's Representative and evaluated by the Contractor and the 1C0ntractor to give notice that the Works are complete and ready for final inspection Employer's Representative to give notice of satisfactory completion ests prior to the issue of the Contract Completion Certificate of the DAVIES ARNOLD COOPER 16 .To take place not less than two years prior to the expiry date of the Operation Service Period Contractor to submit a report within 30 days identifying maintenance works.
Completion of inspection Completion of testing Updating of Operation and Maintenance Manuals Remedying of defects found during inspection DAYI ES ARNOLD COOPER Employer's Representative to sign the certificate when the Contractor has performed all its contractual obligations in respect of the Design-Build and the Operation Service Certificate alone deemed to constitute acceptance of the Contractor having completed its contractual obligations No extension of the Operation parties agree in writing Service Period to be allowed unless the Employer fully responsible for the care. maintenance of the Works after the issue of the certificate servicing and DAVIES ARNOLD COOPER 17 . safety. operation.