Common use of PROGRAM TO BE SUBMITTED Clause in Contracts

PROGRAM TO BE SUBMITTED. The time within which the program shall be submitted shall be as specified in the Appendix to the Form of Bid. This detailed program shall be based upon the program submitted by the Contractor as part of his BID, where this was required, and shall in no material manner deviate from the said program. The program shall be in the form of a Critical Path Method Network (CPM Network) showing the order of procedure and a description of the construction methods and arrangements by which the Contractor proposes to carry out the works .It should also be supplemented by a time –bar chart of the same program. The program shall be coordinated with climatic, groundwater and other conditions to provide for completion of the works in the order and by the time specified. The program shall be revised at three-month intervals and should include a chart of the principle quantities of work forecast for execution monthly. The Contractor shall submit to the Engineer not later than the day or date mentioned in the Appendix to the Form of Bid, a general description of his proposed arrangements and methods for the execution of the Works, including temporary offices, buildings, access roads, construction plant and its intended production output, working shift arrangements, labour strength, skilled and unskilled, supervision arrangements, power supply arrangements, supply of materials including a materials utilization program, stone crushing, aggregate production and storage, cement handling, concrete mixing and handling, methods of excavation, dealing with water, testing methods and facilities. During the execution of the works, the Contractor shall submit to the Engineer full and detailed particulars of any proposed amendments to the arrangements and methods submitted in accordance with the foregoing. If details of the Contractors proposals for Temporary Works are required by the Engineer for his own information the Contractor shall submit such details within fourteen days of being requested to do so. The Resident Engineer may at his discretion provide to the Contractor a Format of submitting the Program of Works to comply with the Cash flow projections and budgets assigned to the project The various operations pertaining to the works shall be carried out in such a progressive sequence as will achieve a continuous and consecutive output of fully completed road works inclusive of all bridge works and culverts within the time limits specified in the Contract. Generally the Contractor shall start at one end of the road and progress continuously towards the other without leaving any isolated section or sections of uncompleted road provided always that the site of the works has been acquired in its entirety and the encumbrances and services thereon removed. The Contractor shall allow in his programme all published Kenya public holidays including but not limited to the the following per calendar year during which the Contractor shall not be permitted to work.  New Years Day (1st January)  Good Friday  Easter Monday  Labour day (1st May)  Madaraka Day (1st June)  The month of Ramadhan  IddUlFitr  Mashujaa Day (20th October)  Jamhuri day (12th December)  Christmas Day (25th December)  Boxing day (26th December) The Contractor shall also allow per calendar year for a further 2 unspecified public holidays which may be announced by the Government of Kenya with no prior notification upon which he shall not be permitted to work. SUBCLAUSE 14.2- REVISED PROGRAMME Add at the end of the first paragraph; ‘Failure by the Contractor to submit the Revised Work Program in the prescribed format and within the stipulated period shall be considered a violation of his contractual obligations and a Notice for Termination shall be issued to the Contractor.’ SUBCLAUSE 14.3- CASHFLOW ESTIMATE The time within which the detailed cash flow estimate shall be submitted shall be as specified in the Appendix to the Form of Bid. SUBCLAUSE 15.1- CONTRACTOR’S SUPERINTENDENCE Add the following at the end of the first paragraph of sub-clause 15.1: “The Contractor shall, within Fourteen (14) days of receipt of the Engineer’s order to commence the works inform the Engineer in writing the name of the Contractor’s Representative and the anticipated date of his arrival on site. The Contractor shall also submit a specimen signature of his proposed Site Agent /Road Manager who SHALL be the only signatory to payment of certificates/Monthly statements from the Contractor.” Add the following Sub-clause 15.2 ‘SUBCLAUSE 15.2- LANGUAGE ABILITY AND QUALIFICATIONS OF CONTRACTOR’S AUTHORISED AGENT Unless otherwise stated in the tender document, the Contractor’s Agent or Representative on the site shall have a minimum qualification of a Diploma in Civil Engineering and shall be able to read and write English fluently. The Contractor’s Agent or Representative shall have at least 5 years relevant experience as a Site Agent.

PROGRAM TO BE SUBMITTED. The time within which the program shall be submitted shall be as specified in the Appendix to the Form of Bid. This detailed program shall be based upon the program submitted by the Contractor as part of his BID, where this was required, and shall in no material manner deviate from the said program. The program shall be in the form of a Critical Path Method Network (CPM Network) showing the order of procedure and a description of the construction methods and arrangements by which the Contractor proposes to carry out the works .It should also be supplemented by a time –bar chart of the same program. The program shall be coordinated with climatic, groundwater and other conditions to provide for completion of the works in the order and by the time specified. The program shall be revised at three-month intervals and should include a chart of the principle quantities of work forecast for execution monthly. The Contractor shall submit to the Engineer not later than the day or date mentioned in the Appendix to the Form of Bid, a general description of his proposed arrangements and methods for the execution of the Works, including temporary offices, buildings, access roads, construction plant and its intended production output, working shift arrangements, labour strength, skilled and unskilled, supervision arrangements, power supply arrangements, supply of materials including a materials utilization program, stone crushing, aggregate production and storage, cement handling, concrete mixing and handling, methods of excavation, dealing with water, testing methods and facilities. During the execution of the works, the Contractor shall submit to the Engineer full and detailed particulars of any proposed amendments to the arrangements and methods submitted in accordance with the foregoing. If details of the Contractors proposals for Temporary Works are required by the Engineer for his own information the Contractor shall submit such details within fourteen days of being requested to do so. The Resident Engineer may at his discretion provide to the Contractor a Format of submitting the Program of Works to comply with the Cash flow projections and budgets assigned to the project The various operations pertaining to the works shall be carried out in such a progressive sequence as will achieve a continuous and consecutive output of fully completed road works roadworks inclusive of all bridge works and culverts within the time limits specified in the Contract. Generally the Contractor shall start at one end of the road and progress continuously towards the other without leaving any isolated section or sections of uncompleted road provided always that the site of the works has been acquired in its entirety and the encumbrances and services thereon removed. The Contractor shall allow in his programme all published Kenya public holidays including but not limited to the the following per calendar year during which the Contractor shall not be permitted to work.  New Years Day (1st January)  Good Friday  Easter Monday  Labour day (1st May)  Madaraka Day (1st June)  The month of Ramadhan  IddUlFitr  Mashujaa Day (20th October)  Jamhuri day (12th December)  Christmas Day (25th December)  Boxing day (26th December) The Contractor shall also allow per calendar year for a further 2 unspecified public holidays which may be announced by the Government of Kenya with no prior notification upon which he shall not be permitted to work. SUBCLAUSE 14.2- REVISED PROGRAMME Add at the end of the first paragraph; ‘Failure by the Contractor to submit the Revised Work Program in the prescribed format and within the stipulated period shall be considered a violation of his contractual obligations and a Notice for Termination shall be issued to the Contractor.’ SUBCLAUSE 14.3- CASHFLOW ESTIMATE The time within which the detailed cash flow estimate shall be submitted shall be as specified in the Appendix to the Form of Bid. SUBCLAUSE 15.1- CONTRACTOR’S SUPERINTENDENCE Add the following at the end of the first paragraph of sub-clause 15.1: “The Contractor shall, within Fourteen (14) days of receipt of the Engineer’s order to commence the works inform the Engineer in writing the name of the Contractor’s Representative and the anticipated date of his arrival on site. The Contractor shall also submit a specimen signature of his proposed Site Agent /Road Manager who SHALL be the only signatory to payment of certificates/Monthly statements from the Contractor.” Add the following Sub-clause 15.2 ‘SUBCLAUSE 15.2- LANGUAGE ABILITY AND QUALIFICATIONS OF CONTRACTOR’S AUTHORISED AGENT Unless otherwise stated in the tender document, the Contractor’s Agent or Representative on the site shall have a minimum qualification of a Diploma Registered Professional Engineer (Highways), BsC in Civil Engineering and shall be able to read and write English fluently. The Contractor’s Agent or Representative shall have at least 5 years relevant experience as a Site Agent.

PROGRAM TO BE SUBMITTED. The time within which the program shall be submitted shall be as specified in the Appendix to the Form of Bid. This detailed program shall be based upon the program submitted by the Contractor as part of his BID, where this was required, and shall in no material manner deviate from the said program. The program shall be in the form of a Critical Path Method Network (CPM Network) showing the order of procedure and a description of the construction methods and arrangements by which the Contractor proposes to carry out the works .It works. It should also be supplemented by a time –bar chart of the same program. The program shall be coordinated with climatic, groundwater and other conditions to provide for completion of the works in the order and by the time specified. The program shall be revised at three-month intervals and should include a chart of the principle quantities of work forecast for execution monthly. The Contractor shall submit to the Engineer not later than the day or date mentioned in the Appendix to the Form of Bid, a general description of his proposed arrangements and methods for the execution of the Works, including temporary offices, buildings, access roads, construction plant and its intended production output, working shift arrangements, labour strength, skilled and unskilled, supervision arrangements, power supply arrangements, supply of materials including a materials utilization program, stone crushing, aggregate production and storage, cement handling, concrete mixing and handling, methods of excavation, dealing with water, testing methods and facilities. During the execution of the works, the Contractor shall submit to the Engineer full and detailed particulars of any proposed amendments to the arrangements and methods submitted in accordance with the foregoing. If details of the Contractors proposals for Temporary Works are required by the Engineer for his own information the Contractor shall submit such details within fourteen days of being requested to do so. The Resident Engineer may at his discretion provide to the Contractor a Format of submitting the Program of Works to comply with the Cash flow projections and budgets assigned to the project The various operations pertaining to the works shall be carried out in such a progressive sequence as will achieve a continuous and consecutive output of fully completed road works roadworks inclusive of all bridge works and culverts within the time limits specified in the Contract. Generally the Contractor shall start at one end of the road and progress continuously towards the other without leaving any isolated section or sections of uncompleted road provided always that the site of the works has been acquired in its entirety and the encumbrances and services thereon removed. The Contractor shall allow in his programme all published Kenya public holidays including but not limited to the the following per calendar year during which the Contractor shall not be permitted to work.  • New Years Day (1st January)  • Good Friday  • Easter Monday  • Labour day (1st May)  • Madaraka Day (1st June)  • The month of Ramadhan  • IddUlFitr  • Mashujaa Day (20th October)  Jamhuri day • ▇▇▇▇▇▇▇ ▇▇▇ (12th December)  • Christmas Day (25th December)  • Boxing day (26th December) The Contractor shall also allow per calendar year for a further 2 unspecified public holidays which may be announced by the Government of Kenya with no prior notification upon which he shall not be permitted to work. SUBCLAUSE 14.2- REVISED PROGRAMME Add at the end of the first fist paragraph; ‘Failure by the Contractor to submit the Revised Work Program in the prescribed format and within the stipulated period shall be considered a violation of his contractual obligations and a Notice for Termination shall be issued to the Contractor.’ SUBCLAUSE 14.3- CASHFLOW ESTIMATE The time within which the detailed cash flow estimate shall be submitted shall be as specified in the Appendix to the Form of Bid. SUBCLAUSE 15.1- CONTRACTOR’S SUPERINTENDENCE Add the following at the end of the first paragraph of sub-clause 15.1: “The Contractor shall, within Fourteen (14) days of receipt of the Engineer’s order to commence the works inform the Engineer in writing the name of the Contractor’s Representative and the anticipated date of his arrival on site. The Contractor shall also submit a specimen signature of his proposed Site Agent /Road Manager who SHALL be the only signatory to payment of certificates/Monthly statements from the Contractor.” Add the following Sub-clause 15.2 ‘SUBCLAUSE 15.2- LANGUAGE ABILITY AND QUALIFICATIONS OF CONTRACTOR’S AUTHORISED AGENT Unless otherwise stated in the tender document, the Contractor’s Agent or Representative on the site shall have a minimum qualification of a Diploma in Civil Engineering and shall be able to read and write English fluently. The Contractor’s Agent or Representative shall have at least 5 years relevant experience as a Site Agent.