HEAD OF AGREEMENT
4.As the Second Party submitted bids for Work as per the Letter dated 13 September 2021. Whereas the FIRST PARTY appointed the SECOND PARTY to execute the Work under the Letter of Award of Ready Mixed Work dated 19 November 2021.
CONTRACT DOCUMENT AND HIERARCHY
7. Whereas the Second Party shall support, obey and comply with the Quality, Environmental Safety and Health Policy of the First Party. 14. Preliminary handover is the submission of Works from the Second Party to the First Party (back-to-back with the requirements of the Owner), where the submission of the Work has met the Technical Specifications and.
TYPE OF CONTRACT AND CONTRACT PRICE
COMPLETION PERIOD
MISCELLANEOUS
GENERAL CONDITION
DEFINITION
11. Maintenance Period is a period as determined by the PARTIES as determined in the Agreement, from the date of the Preliminary Handover to the date of the Final Handover. 31. Invoice is the whole/part of the submission of payment from the Second Party to the First Party for the implementation of the whole/part of the Works carried out by the Second Party and approved by the First Party, together with the necessary documents in the contract.
PLAN WORK AND WORK SCHEDULE
Any substitution of Experts by the Second Party must first obtain Written approval from the First Party and Owner. The First Party may inspect the quality control applied by the Second Party in all Work Stages. The First Party has the right to reject the equipment provided by the Second Party if
The Second Party will be obliged to give the First Party a Performance Bond of 10%. The Second Party transfers part or all of the work without the approval of the First Party;.
CONTRACT PRICE
First Party’S REPRESENTATIVE
Second Party’S REPRESENTATIVE
During this period operative workers will be assigned to the second party by the first party free of charge. The other party must test the accuracy of the reference point before using it. Costs incurred in connection with the above are entirely the responsibility of the Other Party.
Such temporary termination does not relieve the Second Party of its obligations to the First Party under the Contract. The Second Party Security Work must meet and comply with the provision of the Contract.
CHANGE ORDER
WORK IMPLEMENTATION
The second party performs all required placements and activities in the monitoring program in accordance with the first party and the owner's expectations. The second party establishes procedures and implements quality control measures and submits these procedures and measures to the first party.
REPORTS AND DOCUMENTATION
Jika pihak lain gagal memenuhi kewajibannya berdasarkan ayat ini dalam batas waktu yang ditentukan untuk pengajuan perubahan, hal tersebut sepenuhnya menjadi tanggung jawab dan risiko pihak lain.
GENERAL GUARANTEE
The other party is also responsible for importing replacement equipment and parts in good condition. The provision of this clause does not release the other party from its obligations under this contract.
RIGHTS AND OBLIGATION OF THE PARTIES
If the First Party requires. additional time for this. review/approvals, the Second Party will not unreasonably reject such requests for additional review time. The Second Party will install Work Boundary Signs according to the point, line and height of the reference stated in the contract or instructed by the First Party.
METHOD AND TERM OF PAYMENT
Fotokopi surat permohonan nomor urut faktur pajak (mitra) ke KPP tempat pihak lain terdaftar; fotokopi surat bernomor urut faktur PPN dari KPP setempat tempat pihak lain terdaftar;
SUFFICIENCY OF THE CONTRACT PRICE
Dalam hal terjadi keadaan dimana pembayaran yang diterima Pihak Pertama dari Pemilik Proyek mengalami hambatan dan mempengaruhi pelaksanaan Pekerjaan oleh Pihak Kedua, maka Pihak Pertama dengan sendirinya berhak dan dapat mengatur kembali pembayaran dalam kontrak ini. . Jika pembayaran yang diterima Pihak Pertama dari Pemilik menghalangi dan mempengaruhi pelaksanaan Pekerjaan oleh Pihak Kedua, maka Pihak Pertama atas kebijakannya sendiri dan mutlak akan membayar pembayaran berdasarkan Kontrak ini.
GUARANTEE AND RETENTION
The second party is considered to have violated one of the provisions of the contract. This repair will be calculated by deducting the First Party repair charge during the Maintenance Period.
LIMITATION OF LIABILITY
Para Pihak sepakat bahwa Jaminan berdasarkan ayat 1 dan 2 Klausul ini akan diterbitkan oleh Badan Usaha Milik Negara (BUMN – BUMN) yang disetujui Pihak Pertama tanpa syarat dan tidak dapat ditarik kembali menurut peraturan perundang-undangan yang berlaku. Denda keterlambatan tidak akan melebihi jumlah yang ditetapkan dalam Ketentuan Khusus Penetapan Harga Kontrak (“Denda Keterlambatan Maksimum”).
HANDOVER OF WORKS
When carrying out maintenance, the Second Party must refer to the Maintenance Guidelines established by the First Party and the requirement in the Main Contract. The Other Party suspends the performance of the Work for 7 (seven) consecutive calendar days without acceptable reasons. In each unsuccessful attempt, the first party must issue a warning letter to the second party for the delay in the physical realization of the work. f.
The Second Party shall immediately report to the First Party in writing the results of all inspections and tests. The implementation and completion of the works by the Second Party must meet the provisions of the main Contract.
EVENT OF NEGLIGENCE
PENALTIES OF NEGLIGENCE AND LIQUIDATED DAMAGES
If the Second Party is negligent and has received a Written Warning from the First Party 2 (two) times in a row with a period of 2 (two) Calendar Days per warning, the Second Party will be subject to a fine of. If the Second Party does not make payments to vendors or employees working under its supervision, the First Party may suspend payments.
DISPUTE SETTLEMENT
Damages or fines applied to the Second Party do not release the Second Party from fulfilling their obligations under the Contract. The Second Party remains obligated to perform the work and maintain its progress during the arbitration process.
TERMINATION OF WORK
The Second Party shall maintain and protect all Works and property belonging to the First Party and Owner under the supervision of the Second Party. In the event of termination of Work by the First Party, the First Party may retain the equipment and materials used by the Second Party to complete the Work.
FORCE MAJEURE
Keadaan yang Memaksa harus diberitahukan oleh Pihak Kedua secara tertulis kepada Pihak Pertama dalam waktu 3x24 jam sejak terjadinya kondisi/peristiwa tersebut dan Pihak Pertama harus memberikan tanggapan mengenai Keadaan yang Memaksa tersebut. Keadaan Paksaan, Pihak Kedua wajib menyampaikan kepada Pihak Pertama laporan mengenai Keadaan Paksaan dan akibat yang ditimbulkannya di tempat kerja dengan menunjukkan bukti-bukti yang sah dari pejabat yang berwenang.
CRITICAL PROGRESS
Second Batch within a specified period (the first trial) as set out in the minutes of the SCM Phase I. If the Second Batch fails the first trial, a Phase II SCM will be held in which the amount of physical progress will be discussed and agreed upon. must be achieved by the Second Party within a specified period (the second trial) as set out in the minutes of the SCM Phase II.
QUALITY GUARANTEE
If the other party fails in the second attempt, Phase III of the SCM is conducted to discuss and agree on the amount of physical progress the other party must make within a certain period (Third Attempt) as described in Minutes III. the SCM phase. e. The second party shall provide the inspectors appointed by the first party and/or the owner with free access and all inspection aids.
TAX OBLIGATION
Pihak Kedua harus segera melaporkan secara tertulis kepada Pihak Pertama mengenai hasil seluruh inspeksi dan pengujian. Pihak Lain akan memasukkan hasil ini bersama dengan semua sertifikat yang relevan dalam data kendali mutu yang relevan, yang akan selalu tersedia untuk ditinjau oleh Pemilik.
SUSPENSION
The effect and consequences of any communication by the Second Party contrary to the provisions of paragraph. 2 above, without the written consent of the First Party, shall be the sole responsibility of the Second Party and shall not be imposed upon the First Party in any form. The costs of the safety work are the responsibility of the Other Party and are already included in the Contract Price.
RISK
INSURANCE
If there is a change in terms and conditions of cover and/or a change in the insurance period, the Second Party will request the written approval of the First Party. e). Specifically, for labor insurance, the Second Party is obliged to organize labor social security insurance (BPJS Ketenagakerjaan) in accordance with the provisions of the applicable legislation.
IMPLEMENTATION OF QUALITY, K3 AND ENVIRONMENT SYSTEM
While performing these works, the other party must maintain environmental cleanliness at the work site or outside the vicinity of the project. The other party creates a safety, health and environmental management system (SMK3L) as an annex to the contract.
ENFORCEABLE LAW AND LANGUAGE
Second Party shall immediately, without delay, report to First Party any and all accidents involving death and/or injury affecting all, any fire, explosion, leakage, exposure to any hazardous substance or similar and any loss or damage to any part of the work. If an emergency arises at the Work's location, including damage to existing facilities, pipelines and all situations that affect or will affect existing facilities, or in the case of pollution, First Party has the right, at its sole discretion, to control and manage of all related operations.
CORRESPONDENCES
Notice is given by physical or electronic delivery (email) and is deemed received when actually delivered or properly received by the recipient's electronic device or when a legible copy of the notice is received by the recipient's electronic device. Unless instructed by the First Party through the Project Manager, the Second Party is prohibited from communicating in the form of direct discussion or agreement with the Supervising Consultant and/or the Owner regarding matters resulting in contract price changes and/or extensions of the duration of the implementation of this Contract or the main Contract.
THE EXCLUSION OF CONSEQUENTIAL LOSSES
CONFIDENTIALITY
AMENDMENT
SEVERABILITY AND WAIVER
SPECIAL CONDITIONS
Original of the transfer certificate of the works and all attachments approved by the competent party of the First Party. i. In the event that the Second Party fails to comply with the use of local labor, the Second Party will be subject to a penalty of 0.05% (zero point zero five percent) of the Contract Price for each local workforce with a maximum of 30% ( thirty percent) of the Contract Price. All equipment and supporting facilities for the Second Party Works are provided by the Second Party, including workers' barracks, warehouses, labor, electricity and working water.
CONTRACT ATTACHMENT
