PARTICULAR CONDITIONS (Yellow Book)

For the Conditions of Contract for Design & Construction of the Woodbrook
Presbyterian Primary School.

1.0 DEFINITIONS

1.1.1.1 "Contract"
Delete this definition and replace with the following:
"Contract" means the Contract Agreement, the Letter of Acceptance,
the Letter of Tender, the Letter of Invitation to Tender, the Conditions
of Contract, the Bills of Quantities and all amendments thereto via
addenda, the Drawings, the Specifications, and any other documents, if
any, which are listed in the Contract Agreement or the Letter of
Acceptance".

1.1.1.4 "Letter of Tender"

Delete this definition and replace with the following:
"Letter of Tender" means the document entitled Form of Tender,
which was completed by the Contractor and includes the signed offer
to the Employer for the Works."

1.1.1.9 Delete this sub sub-clause and replace with the following: "Appendix
to Tender" means the completed pages entitled Appendix to Form of
Contract appended to the Conditions of Contract in the Bills of
Quantities and also annexed to the Particular Conditions."

1.1.4.1 "Accepted Contract Amount"

Delete this definition and replace with the following:
"Accepted Contract Amount” means the sums stated in the Contract
Agreement as payable by the Employer for the execution and
completion of the Works and the remedying of any defects therein".

1.6 Contract Agreement:

Delete everything in this sub-clause except the first sentence.

Page 1 of 25
1.8 Care and Supply of Documents:
Insert the following after the last paragraph of this sub-clause
"The contractor shall at all times maintain accurate records in a form
acceptable to the Engineer. Such records shall identify the depth and
location of footings and foundations, the position and routing of all
services internally and externally, whether or not same was executed
by the Contractor's personnel or others, all variations to the original
design and shall deliver in duplicate fully detailed "as-built” drawings
to the Engineer no later than seven (7) days after the completion of the
section of the work or of the particular installation."

1.9 Errors in the Employer's Requirements

Replace the term "notice" throughout this sub-clause with "written
notice"

1.11 Contractor's Use of Employer's Documents

Add the following paragraph after the words "....purposes of the
Contract"
"The Contractor shall treat the details of the Contract as private and
confidential, except to the extent necessary to carry out obligations
under it to comply with applicable Laws. The Contractor shall not
publish, permit to be published, or disclose any particulars of the
Works in any trade or technical paper or elsewhere without the
previous agreement in writing of the Employer."

1.13 Compliance with Laws

Insert the following item:
"(c) the Contractor shall have obtained from all other relevant statutory
and regulatory bodies full approval of the elements of the Works
designed by the Contractor (if any) and shall indemnify the Employer
and hold the Employer harmless from the consequences of any failure
to do so."

Page 2 of 25
1.15 Details to be Confidential
Add the following Sub-Clause immediately after Sub-Clause 1.14.
"1.15 Details to be Confidential.
The Contractor shall treat the details of the Contract as private and
confidential except to the extent necessary to carry out obligations
under it or to comply with applicable Laws."

2.0 EMPLOYER
2.2 Permits, Licences and Approvals
Delete the first sentence of this Sub-Clause and replace with the
following:
"The Employer shall (where it is in a position to do so) provide
reasonable assistance to the Contractor at the request and cost of the
Contractor."

2.4 Employer's Financial Arrangements

Delete sub-clause 2.4.

3.0 ENGINEER
3.1 Engineer's Duty and Authority
Delete the last sentence of the third paragraph of Sub-Clause 3.1 and
replace with the following:
"The Employer reserves the right to vary the Engineer's authority at
any time Provided that any such variation shall be made in writing and
shall not take effect until a copy thereof has been received by the
Contractor."

Insert the following at the end of the last paragraph of this sub- clause:
"The Engineer shall obtain the specific approval of the Employer in
writing before taking any of the following actions:

(a) approving or sub-contracting any part of the works under Sub-Clause

4.5; and
(b) issuing a variation under Sub-Clause 13.1, except in the following
circumstances:

Page 3 of 25
 (i) an emergency situation, as reasonably determined by the
Engineer.

3.3 Instructions of the Engineer

Replace the word “These” in the final sentence of the last paragraph of
this sub-clause with the word “All”
Insert the following at the end of this Sub-clause:
"The Contractor shall not vary any of the work or carry out extra work
without proper instructions in writing from the Engineer. In the event
that the Contractor receives instructions from any person other than the
Engineer or his duly appointed representatives to vary the work or to
carry out extra work, he shall request and obtain the Engineer's
instructions in writing to do so prior to proceeding.

Whenever the Contractor considers that additional detailed drawings

are required and/or necessary, he shall promptly apply to the Engineer
for such additional detained drawings not less than fourteen (14) days
from the date on which the detailed drawings are required and
scheduled for execution.

The Works shall at all times be executed in accordance with the

Engineer's detailed drawings except where same has been varied in
accordance with Clause 13. Where any discrepancies, disagreement or
difference of opinion arises due to errors which may be deemed
clerical or draughtsmen's errors, detailed drawings shall take
precedence over the general drawings and drawings made to a larger
scale or for special instructions shall take precedence over drawings
made to a smaller scale or for general instructions, but subject
nevertheless in case of dispute or doubt to the summary decision of the
Engineer and failure to comply with this instruction shall result in the
rejection of any claim arising there from."

3.4 Replacement of the Engineer

Delete the first sentence of Sub-Clause 3.4.

Page 4 of 25
4.0 CONTRACTOR
4.2 Performance Security
(a) Delete the second paragraph of Sub-Clause 4.2 and replace with the
following:
"The Contractor shall deliver the Performance Security to the
Employer within fourteen (14) days after receiving the Letter of
Acceptance and shall send a copy to the Engineer. The Performance
Security shall be issued by a bank, insurance company or a financial
institution:
(i) located in;
(ii) registered and licensed to do business in the country; and
(iii) approved by the Employer.

The Performance Security shall be in the form annexed to the

Particular Conditions or in another form approved by the Employer."

(b) Add the following at the end of the second paragraph of Sub-Clause
4.2:
"Whenever the amount of the Performance Security becomes less than
that stated in the Appendix to Tender (where applicable) due to
additions to the Contract Price (as determined by the Engineer)
resulting from changes in cost and/or the Laws or a Variation which, in
the aggregate, exceeds 15% of the Accepted Contract Amount or the
Contract Price the Contractor shall at the written instructions of the
Engineer increase the value of the Performance Security in the same
ratio as the increase in the Contract Price."

4.4 Sub-Contractors
(a) Insert the following immediately after the first paragraph of Sub-
Clause 4.4:
"Upon the written consent of the Engineer, the Contractor will be
permitted to sub-contract parts of the Works, but must as far as
possible utilize a minimum of eighty percent (80%) of unskilled and

Page 5 of 25
 twenty-five percent (25%) of semi-skilled and skilled labour from
residents within close proximity to or former residents of the Site."

4.6 Co-operation
(a) Delete the third paragraph of Sub-Clause 4.6 and replace with the
following:
"The Contractor shall be responsible for his construction activities on
the Site and shall co-ordinate his own activities with those of
sub-contractors, Employer's Personnel or personnel of any
legally constituted public authority on the Site as may be required by
the Employer."

4.7 Setting Out

Add the following sentence at the end of the first paragraph:
"Prior to setting out the Works, the layout of the Works shall be
approved in writing by the Engineer."

4.8 Safety Procedures

Replace sub-paragraph (a) of Sub-Clause 4.8 with the following:
(a) “comply with all applicable Laws and regulations regarding safety
including but not limited to those contained in the Factories (Protective
Measures) Order 1977 and the Occupational Safety and Health Act,
2004, which is or are the approved standards of safety for this Contract
and which shall be considered as part of these Conditions of Contract."
Insert the following sub-paragraph after sub-paragraph (e):
(f) “the Contractor shall provide industrial safety helmets for all personnel
on site including sub-contractors (nominated or otherwise) staff,
representatives of the Employer and the Engineer and all other
authorized persons on site and the Contractor shall use all efforts to
ensure that helmets are worn, when necessary, by all personnel on
site."

4.18 Protection of the Environment

Add to the end of this Sub-Clause, the following paragraph:

Page 6 of 25
 "The Contractor shall comply fully with all environmental protection
and safety laws governing carrying out the Works. The Contractor
shall comply with all Specification Clauses concerning the protection
of the environment"

4.19 Electricity, Water and Gas

Delete Sub-Clause 4.19 and replace with the following:
“4.19 Electricity, Water and Gas
The Contractor shall at his own cost and expense be responsible for the
provision of all electricity, water, gas and other services he may
require for the Works and any fluctuation in their price shall be at the
Contractor‟s sole risk and expense. The Contractor shall at his own
risk and cost, provide any apparatus necessary for his use of these
services and for measuring the quantities consumed and shall
indemnify and keep the Employer indemnified and harmless from all
such costs incurred."

4.20 Employer's Equipment and Free Issue Materials

Delete this Sub-Clause.

4.21 Progress Reports

Insert the following at the end of the first sentence of this sub-clause:
“The Contractor shall provide at least two copies of the reports in an
electronic format.
Delete the period (“.") at the end of sub-paragraph (h) of Clause 4.21
and replace with the following”,”
Add the following sub-paragraphs immediately after sub-paragraph(h):
"(j) details of all claims arising including the Contractors estimate
of costs and time adjustments required to the Contract Price.
(k) amend the schedule of payments as required under Clause
14.4."

The Engineer shall read and comment upon the Contractors‟

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 Progress Report and shall meet with the Contractor within seven (7)
days after receipt of the Contractors' Progress Report to discuss any
problems the Contractor has highlighted therein.

4.22 Security of the Site

Delete Sub-clause 4.22 and sub-paragraphs (a) and (b) and replace
with the following:
“The Contractor shall comply with all regulations and directions made
by the Employer or the Engineer from time to time with regard to the
security of the Site. The Contractor shall be responsible for keeping
unauthorized persons off the Site, and assist the Employer and other
sub-contractors in doing the same. Authorised persons shall be limited
to the Contractor‟s Personnel, the Employer's Personnel, other sub-
contractors‟ personnel and any other personnel notified to the
Contractor, by the Employer or the Engineer.
The Employer and the Engineer shall not be responsible for the
security of the Contractor's Equipment or any Goods brought on the
Site by the Contractor.”

4.23 Contractor's Operations on Site

Add the following paragraph after the first paragraph of Sub-Clause
4.23:
“The Contractor, his employees, agents and servants shall observe all
covenants and conditions affecting the Site as specified in the title
relating thereto."

Delete the second and third paragraph of this sub-clause and replace
with the following:
“During the execution of the Works, the Contractor shall keep the Site
free from all necessary obstruction, and shall store and dispose of any
Contractor's equipment or surplus materials in the area so designated
by the Engineer. The Contractor shall be responsible for and shall upon
the request of the Engineer clear away and remove from the Site all
wreckage, rubbish and temporary Works. The Contractor shall leave

Page 8 of 25
 that part of the Site and the works in a clean and safe condition.
However, the Contractor may retain on Site, during the Defects
Notification Period, such goods as required for the Contractor to fulfil
obligations under the Contract.”

4.24 Fossils
The first paragraph of Sub-Clause 4.24 is deleted and replaced with the
following:
“As between the parties, all fossils, coins, articles of value or antiquity
and structures and other remains or items of archaeological interest
found on the Site shall belong to the Employer. The Contractor shall
take reasonable precautions to prevent Contractor‟s Personnel or other
persons from removing or damaging any of these findings."

6.0 STAFF AND LABOUR

6.2 Rates and Wages and Conditions of Labour
Delete Sub-Clause 6.2 and replace with the following:
"The Contractor shall pay rates of wages and observe conditions of
labour, which are not lower than those established by the Laws of the
Country. If no established rates or conditions are applicable the
Contractor shall pay rates of wages and observe conditions which are
not lower than the general level of wages and conditions observed
locally by employers whose trade or industry is similar to that of the
Contractor.”

6.5 Working Hours

Add the following at the end of Sub-Clause 6.5:
“The Contractor shall make all necessary provisions to allow overtime
work or work at nights, if necessary, within the contract period. Where
overtime work or night work is implemented, the Contractor shall pay
all extra costs thereby incurred without any cost to the Employer.”

"The Contractor or his sub-contractor shall keep a proper wages and

time book. In the event of work being paid for day by day work, work
sheets shall be kept showing wages paid to the time and/or the amount

Page 9 of 25
 of work performed by workmen in and about the execution of the
Contract, and the Contractor or his sub-contractors shall be bound
whenever required, to produce such wage and time books and/or work
sheets for the inspection of any person authorized by the Government
of Trinidad and Tobago."

6.7 Health and Safety

Delete the first sentence of the third paragraph of Sub-Clause 6.7 and
replace with the following:
"The Contractor shall within 24 hours or as soon as is practicable after
the occurrence of any accident at or about the Site or in connection
with the Works, report such accident to the competent authority as may
be required by the Laws of the Country and submit details of such
accident to the Engineer.”

6.11 Disorderly Conduct

Add at the end of this Sub-Clause:
"The Employer reserves the right to test the Contractor's personnel for
drug and alcohol abuse”

Add the following Sub-Clauses after Sub-Clause 6.11:

6.12 Notification of Employment and wage rate etc.

The Contractor shall, before commencing work under the Contract,
notify the Engineer of the following:
(a) The number and categories of workers he proposes to employ; and
(b) The date of commencement of the Works.

6.13 Sub-Contractors
(a) The Contractor shall be responsible (so far as may be applicable for the
observance of the provisions of this Contract by any permitted Sub-
contractor.

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8.0 COMECEMENT. DELAYS AND SUSPENSION
8.3 Programme
(a) Delete the first sentence of Sub-Clause 8.3 and replace with the
following:
"The Contractor shall submit, within fourteen (14) days after the notice
under Sub-Clause 8.1 [Commencement of Works], six (6) digital
copies of the detailed programme of the Works identifying a critical
path and showing all the components of the Contract, their duration,
relationship and all other necessary data to the approval of the
Engineer including the work of all specialist Sub-Contractors and a
proposed cash drawdown schedule."

(b) Delete the second paragraph of Sub-Clause 8.3 and replace with the
following:
“Unless the Engineer within fourteen (14) days after receiving a
programme gives notice to the Contractor stating the extent
to which it does not comply with the Contract, the Contractor shall
proceed in accordance with the programme subject to his other
obligations under the Contract. The Employer‟s Personnel shall be
entitled to rely upon the programme when planning their activities.”

(c) Insert the following after the last paragraph of Sub-clause 8.3: “When
requested by the Engineer to submit a revised work programme due to
inconsistencies between the work programme and the actual progress
of the Works and or the Contractor‟s obligations, the Contractor shall
submit the revised work programme containing the items mentioned in
(a), (b), (c) and (d) of this sub-clause [Programme] no later than
fourteen (14) days after the date of the Engineer‟s request."

8.6 Rate of Progress

Add the following at the end of Sub-Clause 8.6
“The written approval of the Engineer will be required before any
night work will be permitted. All work at night shall be carried out
without unreasonable noise and disturbance."

Page 11 of 25
8.8 Suspension of the Works
Add the following at the end of Sub-Clause 8.8:
“The Contractor shall not suspend the Works (unless so ordered in
writing by the Engineer) pending the Engineer‟s decision on any
question under this Contract."

8.9 Consequences of Suspension

Insert the following at the end of this Sub-Clause:
“Failure by the Contractor to give due written notice as required may,
at the discretion of the Engineer, be considered grounds for the
rejection of any claim for payment of Cost."

13.0 VARIATIONS AND ADJUSTMENTS

13.1 Right to Vary
Add the following to the end of this Sub-Clause:
“The Engineer‟s instruction shall be in writing and sought before
executing work, which is described in these Bills of Quantities as
„Provisional.”

13.6 Daywork
This Sub-Clause shall not apply.

13.8 Adjustments for Changes in Cost.

Delete this Sub-Clause.

14.0 CONTRACT PRICE AND PAYMENT

14.2 Advance Payment
Delete this Sub-Clause 14.2 and replace with the following:
“The Employer upon a request from the Contractor may consider and
if agreed will make an advance payment as an interest free loan to the
Contractor exclusively for the cost of mobilization in respect of the
works in the amount of ten (10) per cent of the Accepted Contract
Amount inclusive of all duties and taxes but exclusive of retention and
Value Added Tax. The total advance payment, the number and timing

Page 12 of 25
 of the instalments, and the applicable currencies and proportions, shall
be as stated in the Appendix to Tender.

The advance payment shall be repaid through four (4) consecutive

deductions from the Interim Payment Certificates certified by the
Engineer.
Deductions shall commence from Interim Payment Certificate #2
provided always that if the advance payment shall not be completely
repaid prior to the issue of the Taking-Over Certificate for the Works
prior to termination under clauses 15 [Termination by Employer]. 16
[Suspension and Termination by Contractor], or 19 [Force Majeure]
(as the case may be) the whole of the balance then outstanding shall
immediately become due and payable by the Contractor to the
Employer."

14.3 Application for Interim Payment Certificate

(a) Delete the word "six" in the first line of the first paragraph of this Sub-
Clause and replace with the word "four".
(b) Delete the words "and Sub-Clause 13.8 [Adjustments for Changes in
Cost]” as they appear in sub-paragraph (b) of the second paragraph of
Sub-Clause 14.3.

Insert a new sub-clause 14.3 (h) after sub-clause 14.3 (g)

“and subject to the discretion of the Engineer, an amount for materials
to be incorporated in the Works before delivery thereof to the Site
provided that:
(1) the materials are for incorporation into the Works
(2) nothing remains to be done to the materials to complete the same up to
the point of their incorporation in the works;
(3) the Materials have been and are as set apart at the premises, where they
have been manufactured and assembled or are stored, and have been
clearly and visibly marked, individually or in sets, either by letters or
figures or by reference to a pre-determined code so as to identify:

Page 13 of 25
 (i) to the Employer, where they are stored on the premises of the
Contractor, and in any other case the person to whose order
they are held; and
(ii) their destination at the works.

(4) Where the Materials were ordered from a supplier by the Contractor or
by any Sub-contractor, the contract for their sub- contract is in writing
and expressly provides that the property therein shall pass
unconditionally to the Contractor or the Sub-contractor (as the case
may be) not later than the happening of the events set out in (h) (2) and
(h) {3) of this Sub-Clause.

(5) Where the Materials were ordered from a supplier by any Sub-
contractor and the relevant sub-contract between the Contractor and
the Sub-Contractor is in writing and expressly provides that the
property in the materials passing to the Sub- Contractor the same shall
immediately thereon pass to the Contractor.

(6) Where the Materials were manufactured or assembled by any Sub-

contractor, the Sub-Contract is in writing and expressly provides that
property in the materials shall pass unconditionally to the Contractor
not later than the happening of the events set out in (h) (2) and (h) (3)
of this Sub-Clause.

(7) The Materials are in accordance with this Contract.

(8) The Contractor provides the Engineer with reasonable proof that the
property in the materials is in him and that the appropriate conditions
set out in (h) (1) to (h) (7) of this Sub- Clause have been fulfilled.

(9) The Contractor provides the Engineer with reasonable proof that the
materials are insured against loss or damage for their full value plus
ten (10) percent under a policy of insurance protecting the interest of
the Employer and the Contractor in respect of loss or damage sustained
as in Sub-Clause 18.2 during the period commencing with the transfer

Page 14 of 25
 of property in the materials to the Contractor until they are delivered
to, or adjacent to the Works.

14.4 Schedule of Payments

Delete the last paragraph of this Sub-Clause and replace with the
following:
"If the Contract does not include a schedule of payments, the
Contractor shall submit non-binding estimates of the payments which
he expects to become due during each monthly period. The first
estimate shall be submitted within twenty eight (28) days after the
commencement date. Revised estimates shall be submitted at quarterly
intervals, until the Taking-Over Certificate has been issued for the
Works.

14.7 Payment
Delete the last paragraph of this sub-clause

14.8 Delayed Payment

Delete the words “compounded monthly" from the first paragraph of
Sub-Clause 14.8.
Delete the second paragraph of Sub-Clause 14.8 and replace with the
following:
“These financing charges shall be calculated at a rate equal to one- half
percent (1/2%) per month and shall be paid in the currency of the
Country.
Where a Contractor has been paid an Advance Payment under Sub-
Clause 14.2 and such Advance Payment is not completely repaid these
financing charges shall not apply.”

15.0 TERMINATION BY EMPLOYER

15.5 Employer's Entitlement to Terminate
(a) Substitute the reference to “28 days" in the third line of the first
paragraph of Sub-Clause 15.5 with “14 days.”
(b) Delete the last sentence of the first paragraph of Sub-Clause15.5.

Page 15 of 25
15.6 Suspension or Termination of the Contract due to an Order
of the Court
Add a new Sub-Clause 15.6 immediately after Sub-Clause 15.5 as
follows:
“15.6 Suspension or Termination of the Contract due to an Order of the
Court
Without prejudice to any other entitlement of the Employer to
terminate the Contract, if the performance of the Work is stopped
temporarily or otherwise by an order of the Court, whether or not such
order is made in consequence of any act or default of the Employer,
the Employer shall be entitled to terminate the Contract by giving
notice of termination to the Contractor. The termination shall take
effect fourteen (14) days after the later of the dates on which the
Contractor receives this notice or the Employer returns the
Performance Security.
After this termination, the Contractor shall proceed in accordance with
Sub-Clause 16.3 [Cessation of Work and Removal of Contractor's
Equipment] and shall be paid in accordance with Sub- Clause 19.6
[Optional Termination, Payment and Release]”.

16.0 SUSPENSION AND TERMINATION BY CONTRACTOR

16.1 Contractor's Entitlement to Suspend Work
Delete from the first paragraph of this Sub-Clause the words “or the
Employer fails to comply with Sub-Clause 2.4 [Employer‟s Financial
Arrangements]" occurring after the words “Payment Certificates” in
line two and the words “reasonable evidence" occurring in line six.
Delete from the third paragraph of this Sub-Clause the word
“evidence" occurring in the first line thereof.

16.2 Termination by Contractor

Delete paragraph (a) of this Sub-Clause.

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17.0 RISK AND RESPONSIBILITY
17.1 Indemnities
(a) Delete the period (“.”) at the end of sub-paragraph (ii) of sub-
paragraph (b) of Sub-Clause 17.1 and replace with the following
(b) Add the following sub-paragraphs (c) and (d) immediately after sub-
paragraph (b) of the first paragraph of Sub-Clause 17.1:
“(c) any and all claims of infringements of patents, trademarks,
industrial designs, copyrights or other intellectual property
rights affecting the designs and any of the Contractor's
Documents.
(d) any breach by the Contractor, his employees, agents or servants
of the covenants and conditions affecting the Site as specified
in the title relating thereto.”

17.6 Limitation of Liability

Delete the words "Sub-Clause 4.20 [Employer's Equipment and Free-
Issue Material"] occurring in lines 2 and 3 of the second paragraph.

19.0 FORCE MAJEURE

19.6 Optional Termination, Payment and Release
Add the following at the end of Sub-Clause 19.6:
“For the avoidance of any doubt, the Contractor shall not be paid or be
entitled to claim any damages for any profit it may have lost
consequent upon the termination of the Contract under this Clause."

20.0 CLAIMS, DISPUTES AND ARBITRATION

20.2 Appointment of the Dispute Adjudication Board
Delete the words “by the date 28 days” and replace with the words “by
the date stated in the Appendix to Tender.”

20.4 Obtaining Dispute Adjudication Board's Decision

Delete the second paragraph of Sub-Clause 20.4 and replace with; „The
Board of Engineering of Trinidad and Tobago shall act as the DAB as
and when required under these Conditions of Contract and shall in

Page 17 of 25
 accordance with this Sub-Clause 20.4 acting fairly, impartially and the
cost shall be shared equally between the Employer and the Contractor.

20.6 Arbitration
(a) Delete the words “Rules of Arbitration of the International Chamber of
Commerce" as they appear in sub-paragraph (a) of the first paragraph
of Sub-Clause 20.6 and replace with the following: “Rules of
Arbitration UNCITRAL in accordance with the Arbitration Laws of
Trinidad and Tobago."
(b) Delete sub-paragraph (b) of the first paragraph of Sub-Clause
20.6 and substitute with the following;
“the dispute shall be settled by the number of arbitrators specified in
the Appendix to Tender.”

Add the following Clauses after Clause 20 [Claims, Disputes and

Arbitration]

21.0 VALUE ADDED TAX, OTHER TAXATION A D DUTIES

The Contractor shall be registered with the Value Added Tax (VAT)
registration center prior to the award of the Contract and shall provide
adequate proof of such registration at monthly certification.
Payments for VAT will be made as a lump sum amount at the rate
current at the time of payment of the certificate (currently valued at
15%). The Employer reserves the right to request VAT certificates for
any payments made.
The sum payable by the Employer to the Contractor in respect of VAT
shall be calculated in accordance with the Value Added Tax Act
(1989) of Trinidad and Tobago or any statutory modification,
amendment or re-enactment thereof.

Any reference in these Conditions of Contract to price shall be

regarded as exclusive of VAT.

Page 18 of 25
22.0 UTILITIES
The Contractor shall take all precautions against damage to existing
public utilities on or near the Site. Should any cable, pipeline,
manhole, or otherwise. be damaged by the Contractor in any manner,
then the Contractor shall notify and co-operate with the appropriate
authority and bear all expenses involved in reconstruction of the
damaged utilities

23.0 CONTRACTOR'S OBLIGATIONS IN RESPECT OF

WATER SANITATION AND HEALTH AUTHORITY
REQUIREMENTS
The Contractor shall provide temporary sanitary arrangements water
and accommodation for his staff and employees, in accordance with
the requirements of the Specifications and shall exercise control to
prevent any nuisance or contravention of any specific directions of the
Ministry of Health or the Engineer in connection therewith.

Adequate toilet and clean water washing facilities shall be provided.

The location of any temporary facilities shall be approved in writing by
the Engineer.

All standard regulations and any emergency regulations, which may be

issued from time to time in connection with sanitation and/or public
health, shall be observed by the Contractor.

24.0 MEMBERS OF GOVERNMENT ETC., NOT PERSONALLY

LIABLE
Neither the Engineer nor any of the Employer‟s directors or staff, nor
any member or officer of the Government of Trinidad and Tobago
shall be in any way personally bound or liable for the acts or
obligations of the Employer under the Contract or answerable for any
default or omission in the observances or performance of any of the
acts, matters or things which are herein contained.

Page 19 of 25
25.0 SUPERINTENDENT TO SPEAK ENGLISH
The Contractor or any agent or representative thereof appointed in
accordance with Clause 4 of the Conditions of Contract shall unless
otherwise specified have sufficient knowledge of English to receive
written and verbal instructions from the Engineer and to make such
written and verbal reports as the Engineer may from time to time
require.

26.0 USE OF EXPLOSIVES

When the use of explosives is necessary for the execution of the
Works, the Contractor shall exercise the utmost care not to endanger
the life, the Works or any other property including new work. The
Contractor shall be responsible for all damage resulting from the use of
explosives.

All explosives shall be stored in a secure manner in compliance with

all laws and ordinances, and all such storage places shall be clearly
marked. The Contractor shall:

- notify each property owner and public utility company having

structures or facilities in proximity to the Site, of his intention
to use explosives. Such notice shall be given sufficiently in
advance to enable them to take such steps, as they may deem
necessary to protect their property from injury.

- at all times take every possible precaution in and shall conform

with the appropriate laws and regulations relating to the
handling, transportation, storage and use of explosives and
shall at all times when engaged in blasting operations, post
sufficient warning signals to the full satisfaction of the
Engineer.

- at all times make full arrangement with and inform well in

advance and obtain such permission as is required from all

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 governmental, statutory or public authorities, public bodies and
private parties whatsoever concerned or affected or likely to be
concerned or affected by blasting operations.

- shall not use or bring on to the Site any explosives of any kind
without the prior consent of the Engineer in writing. Explosives
shall be stored in an approved building that shall be sited in a
position approved by the Engineer. Detonators shall be stored
separately. Permission to use explosives given in accordance
with this Clause shall not absolve the Contractor from any
liability in respect of damage to public or private property.

All Notices hereunder shall be given in writing.

27.1 PAY SHEETS AND RECORDS

27.2 Pay Sheets
The Contractor shall make available to the Engineer or his
representatives a certified copy of each pay sheet and of any Sub-
Contractor‟s pay sheets whenever requested to do so by the Engineer.

27.3 Access to Records

The Contractor shall keep accurate and systematic accounts and
records in respect of the Works in accordance with internationally
accepted accounting principles and in such form and detail as will
clearly identify all relevant time charges and cost, and the bases
thereof and shall permit the Employer or its designated representative
periodically, and up to one (1) year from the expiration or termination
of this Contract, to inspect the same and make copies thereof as well as
to have them audited by the auditors appointed by the Employer and at
the Employer‟s costs.

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28.0 RESTORATION OF CONDITIONS
All rubbish or refuse and all unused materials and tools shall be
removed promptly from the Site and as the Works progress, and it shall
be carefully cleaned and kept clear of such rubbish and refuse. Before
the Works will be considered as having been completed, the Site and
places affected by the Works shall be thoroughly cleared and left
clean, free from debris and in a condition satisfactory to the Engineer.

29.0 SAFETY FACILITIES AT SITE

The Contractor shall provide such equipment and facilities as are
necessary or required, in case of accidents, for first aid service to any
who may be injured in the progress of the Works; and he shall have
standing arrangements with local hospitals for the removal and hospital
treatment of any employee who may be injured or who may become
ill. Details of the equipment, facilities and hospital arrangements shall
be submitted to the Engineer for approval.

30.0 PROTECTION AND RESTORATION OF PROPERTY

The Contractor shall be responsible for the preservation of all private
and public property. When or where any direct or indirect damage or
injury is done to public or private property by or on account of any act,
omission, neglect or misconduct in the execution of the Works or in
consequence of non-execution thereof by the Contractor, he shall
restore, at his own expense, such property to a condition equal to that
existing before such damage or injury was done by repairing,
rebuilding or otherwise restoring as may be directed, or he shall make
good such damage or injury in an acceptable manner.

31.0 INTERFERENCE WITH TRAFFIC AND ADJOINING

PROPERTIES
The Contractor shall provide for the prompt removal of all dirt and
other materials spilled from his or his Sub-contractors trucks or other
equipment on existing public or private road over which materials are
hauled or on to which materials are washed or otherwise deposited by

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 reason of his work whenever the accumulation is sufficient to cause
dust or the formation of mud that may interfere with drainage or create
a traffic hazard or a disturbance to adjoining properties. Whenever the
Works cause traffic or the Contractor‟s Equipment to create dusty
conditions, the Contractor shall take steps, including applying water,
furnishing and spreading calcium chloride or using other adequate
methods to relieve and prevent such conditions. The steps to be taken
shall be approved by the Engineer.

32.0 DRAINAGE AND RIVER CHANNELS

It may be necessary to construct some structures in ground water. No
additional payment will be made for such conditions but the cost
thereof shall be included in the Accepted Contract Amount.
The Contractor may be required to break into certain drainage
structures for installation of the new drainage system. No specific
payment will be made for his work, but the cost thereof shall be
included in the Contract Price.

It will be the responsibility of the Contractor to provide adequate Site

drainage throughout this Contract.
The Contractor shall provide to the satisfaction of the Engineer
adequate Site drainage whether temporary or otherwise provided
always that such drainage shall not affect the drainage conditions of
adjoining sites and shall not cause storm water to run in an
uncontrolled manner over adjoining sites outside of that which existed
prior to the commencement of construction.

33.0 DRAIN AND SEWER CONNECTIONS

Where the Works contemplated intercepts or affects existing drains or
sewers, the Contractor shall arrange to keep such drains or sewers in
proper working order at his own expense until new connections are
made.

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 The Contractor shall satisfy himself as to the exact locations of utility
lines. He shall protect and support in a suitable manner all utilities
encountered in his excavating and trenching operations. The
Contractor shall make good any damage to these lines caused by his
operations. If the nature of the damage is such as to endanger the
satisfactory operations of utilities and the necessary repairs are not
made immediately by the Contractor under the direction and
supervision of the respective utility authorities, the work may be done
by the respective owners or agents and the cost-thereof charged against
the Contractor.

34.0 CO-ORDINATION OF WORK WITH OTHERS

The Contractor's attention is directed to the fact that he may not be the
only contractor carrying out work on the Site and will be required to
carry out his work in a manner that does not obstruct the work of any
utility company or public authority and others as may be required. The
Engineer is entitled to make regulations and issue directives as to the
co-ordination of work and movement of traffic in or about the area of
the Site including but not limited to that to and from the Site and the
Contractor agrees to abide by any such regulations and directives.

The Contractor shall conduct his work and cooperate with such parties
so as to cause as little interference as possible with such other work as
may be progressing at the same time.

In the case of interference between the operations of different persons,

the Engineer shall be the sole judge of the rights of each such person
and of the entire project and in all cases his decision shall be accepted
as final and no cause for claim.

The Contractor agrees that he shall have no claims against the

Employer for any increased costs due to extra expense entailed by
reason of the above requirements or for any other reason, unless
specifically approved by the Engineer and agreed to by the Employer.

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35.0 PROPERTY IN EXCAVATED MATERIALS
All materials, soil and things of any kind obtained from excavation or
found on or under the Site or under any additional site which the
Contractor may be allowed to occupy shall remain the property of the
Employer and shall not be used in the Works or sold or otherwise
disposed of without the written authority of the Engineer.

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