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General Specification for Works - ANNEX 8
« on: May 20, 2009, 09:17:56 PM »
ANNEX : 8

GENERAL SPECIFICATION FOR WORKS

CHAPTER ONE
General Provisions

   Purpose
   Article 1- The purpose of this General Specification, which has been drawn up pursuant to item 2 of paragraph (b) of Article 53 of Public Procurement Law #4734, is to establish the general principles and procedures that will be applied in performance of the works that are contracted as per Public Procurement Contracts Law #4735.
   
   Scope
   Article 2- This General Specification covers the works that are awarded as per the provisions of this Law by the contracting entities subject to Public Procurement Law #4734 and that are contracted over the lump sum or unit cost as per Public Procurement Contracts Law #4735.
Articles 7 and 17 of this Specification and the last three paragraphs of Article 35 concerning the working conditions may not be applied partially or wholly by the contracting entities for the works with an estimated value below the top limit set forth in sub-item 2 of item (b) of Article 13 of Law #4734 according to the requirements of the work
   
   Headings and interpretation
   Article 3- The headings and sub-titles of articles given in this General Specification shall not be accepted as a part of the General Specification and shall not be taken into consideration in interpretation of the General Specification, related tender document or contract.
  It shall be deemed that the singular words include the plural words and vice versa as long as it is not contrary to the establishment and enactment of the relevant provision or it does not change this purpose.

Definitions
  Article 4- The definitions set forth in Article 4 of Public Procurement Law #4734 shall be duly applicable in application of this General Specification. In addition;
Work: shall refer to any kind of work that is contracted;
Construction supervision officer: shall refer to a person or commission that is assigned for supervision of works by the contracting entity and/or the real or legal person or persons that will be assigned outside the organization of contracting entity in order to perform these works,
Contractor’s Representative: shall refer to the real person that represents the contractor in relation to the work under the contract and that has full authority by virtue of a power of attorney issued by notary public in the name of contractor after acceptance of the contracting entity,
Third Person: shall refer to the person and/or persons other than the contracting entity, construction supervision officer and contractor,
Worksite: shall refer to the places where the works are carried out and the buildings, lands, parcels, material quarries etc. that are temporary or permanently used during the term of work,
Turnkey lump sum contract: shall refer to the contract that is concluded over the total amount proposed by the contractor for the whole work on the basis of the application projects and the related location lists,
Unit cost contract: shall refer to the contract that is concluded over the total amount that is found by summing the amounts calculated by multiplying the quantity of each item included in the schedule prepared by the contracting entities on the basis of the preliminary or final projects and the related location lists and unit cost tariffs with the unit costs proposed by the contractor for these items,
Item: shall refer to the units that are taken as basis for payment, and the technical and special construction conditions of which are specified, and the unit cost tariffs are available and the amount of which is indicated in the contracts or which have new unit costs later in respect of works that are undertaken under unit cost contracts,
Work group: shall refer to the units that are taken as basis for payment, and that consist of the aggregate of the items concerning the interim or final payments and that are indicated with certain (progress) percentages of the contract amount in respect of works that are carried out under turnkey lump sum contracts,
Day: shall refer to the calendar day,
Year: shall refer to the calendar year,
Application Month: shall refer to the month when the works are carried out in compliance with the work schedule approved by the contracting entity,
Subcontractor: shall refer to the physical or corporate body that carries out the part of work under the contract owing to its nature on behalf of and under the control of contractor upon approval of the contracting entity,
Specification: shall refer to the documents that indicate the general, special, technical and administrative principles and procedures concerning the works.
 
  Notices, consents, approvals, certificates and determinations
Article 5- Any kind of communication among the contracting entity, contractor and construction supervision officer shall be in writing.
When any permission, approval, certificate, notification, consent or determination, order, notice, call or invitation or distribution are required by anyone under the contract, they shall be in writing unless otherwise agreed between the respective parties.
CHAPTER TWO
Worksites

     Handover of worksite to contractor
   Article 6- The worksite, axis stakes, poles, benchmarks etc. shall be handed over to the contractor by the construction supervision officer by checking the ground to enable the contractor to commence the work within the period of time written in the contract after the contract is signed, and joint minutes shall be issued between the two parties on this issue.
   The contractor shall be liable to maintain these stakes and benchmarks handed over to him until the end of the work, and put the axis stakes in place according to the longitudinal section after the works are completed.
   The contracting entity shall hand over to the contractor free of charge the places where the work shall be performed or unless otherwise indicated in the annexes, the sites needed to install the facilities required for work and the places where the services roads shall pass through, and the places for warehouses and storehouses that are related to any kind of earth works and indicated in the contract or annexes or determined by the contracting entity later.
   Maps, plans, schedules and all other proceedings concerning the land expropriation or temporary occupancy of the real estates that shall be seized as they are necessary for the work shall be arranged/ performed by the contracting entity unless otherwise indicated in the contract, and the places that will be expropriated or temporarily occupied shall be handed over to the contractor part by part in accordance with the work schedule as the works are completed.
   If there is delay in the handover of the worksites to the contractor and this delays the completion of part or whole of the work, the duration of work set forth in the contract shall be extended to meet such delay for part of whole of the work.
   Under compulsory circumstances, changes can be made to the worksites handed over to the contractor provided that the contract amount is not exceeded and the contracting entity and contractor mutually agrees. In this case, the expenses arising from the transportation of the materials, tools and machinery brought to the new worksite and the expenses for transportation and installation of the site buildings and facilities located (if already installed) at the former worksite shall be borne by the contractor. In this case, the duration of work shall be extended for part of whole of the work to meet such delay.

The places that the contractor will use for his needs
  Article 7- If it is written in the contract or annexes that the facilities such as the warehouses for materials and tools and worker shelters that the contractor will use for his needs shall be given free of charge to the contractor by the contracting entity, the contracting entity shall take into consideration that these places are compatible with the matters such as transportation, supply of materials and center of gravity of work. The contractor shall be liable to submit the maps, plans and schedules concerning such places that he needs to the contracting entity in a timely manner and select the place in a way that he exercises as minimum disturbance as possible to the owners of these places and the neighboring landowners. Furthermore, if the contracting entity deems it necessary, it shall select the most appropriate place that the contractor will use and indicate this place to the contractor.
In this case, the contractor can only use other places than the one indicated by the contracting entity by agreeing with their owners and not claiming any cost in return for using this place from the contracting entity.
If it is not written in the contract or annexes that the places that will be used by the contractor for his needs shall be given free of charge, all expenses required for arranging such a place shall be covered by the contractor. However, if the temporary occupancy of such places requires official proceedings, these proceedings shall be carried out by the contractor (provided that the maps, plans and schedules concerning such temporary occupancy are drawn up by the contractor).

  Material quarries
   Article 8- In cases where the contractor is required to supply material from the quarries located on the lands and sites owned by the state, these material quarries shall be stated in the tender document clearly. In this case, the contractor shall temporarily use the quarries located on the public lands and sites free of charge. The responsibility to obtain the certificate of permission (license) of the quarries belongs to the contracting entity, and they shall be handed over to the contract with their certificates of permission obtained. If some proceedings are required for using the quarries, the contracting entity shall perform the said proceedings unless otherwise indicated in the contract or annexes.
   However, the plans, schedules and other documents needed for these proceedings shall be drawn up by the contractor and the expenses for occupancy of the quarries shall be borne by the contractor.
   The expenses for opening quarries in the privately owned lands and sites and using such quarries shall be borne by the contractor.
   In respect of the quarries that are not handed over by the contracting entity, any kind of loss and damage arising from the activities of the contractor as well as their costs shall be on account of the contractor.

  Protecting and insuring the works and worksites
Article 9- The contractor shall be liable for protection of any kind of tools, materials, preparations, machinery and vehicles and the works under the contract as from the commencement of work until the date of final acceptance in view of the provisions set forth in Article 44.
   For this reason, the contractor shall be liable to arrange (all risk) insurance as indicated in the tender document against the risks such as earthquakes, floods, landslides, storms, fires etc. natural disasters that may occur in the period from the date of commencement of work until the date of final acceptance according to the characteristics and features of it for the tools, materials, preparations, working and service machinery, vehicles, facilities and completed parts of works carried out at worksites within the frame of the provisions laid down in Article 9 of Public Procurement Contracts Law #4735.
   The values to be taken as basis for the insurance shall be the amounts of progress payments (including the price differences) for the work, and the values calculated according to the market values for any kind of tools, materials, preparations, working and service machinery, vehicles, facilities and similar items. If the total amount of progress payments affected (including the price differences) exceeds the insurance amount indicated in the policy and/or the insurance expiry date indicated in the policy is exceeded owing to time extensions or working under penalty, the insurance value has to be increased and/or the duration of the insurance has to be extended by virtue of an addendum.
   The contracting entity shall be referred to as employer, and the contractor shall be referred to as undertaker and the subcontractors, if any, shall be indicated in the insurance policies. The assets must be insured over the exact value and exemption should not be provided.
   The contractor shall be responsible for taking the precautions to prevent occurrence of accidents and damage to the workers and local people as well as the occurrence of loss and damage owing to the operations at the worksite during the performance of works, and in spite of all precautions, the contractor shall be liable to arrange financial liability insurance against the possibility of damage to them and their properties by third persons owing to the works carried out by the contractor. The values applied by the insurance companies shall be taken as basis in respect of the value of financial liability insurance.
   The policies of the said insurances must have the provision that the policy cannot be cancelled before the date of final acceptance except for the written permission of the contracting entity and the duration cannot be limited, and must be submitted to the contracting entity before the first progress payment is drawn up and accrued. Otherwise, the progress payment and advance payment, if stipulated, shall not be effected.
   As the liabilities and obligations undertaken by the contractor under the contract are not limited to the said insurances, in cases where the contractor is in default as per “Cases outside the warranty” in the general conditions of the construction insurance policies, the contractor cannot claim the amounts not paid by the insurance company owing to such default, and the contractor shall be directly responsible for the accidents that may occur during the performance of work, and the deaths and loss of properties caused by such accidents and any loss payable to the third persons. The obligation to meet all claims and assertions owing to the acts and actions of the contractor or subcontractors under or outside the scope of the insurance shall belong to the contractor.
   The contractor cannot hold the contracting entity and its personnel liable for any defect, negligence, heavy negligence or faulty act of himself or subcontractor.
   If the contract is terminated or dissolved, these insurances shall be maintained until the work is awarded to the new contractor and the insurance costs concerning such period shall be covered by the contractor. However, this period cannot exceed three months as from the date of approval for termination or dissolution.
   The contractor has to comply with the instruction given by the contracting entity in order to ensure safety and order at the worksites outside the boundaries of cities and towns.
   The contractor shall be liable for paying the damage and loss that may arise owing to the failure to take sufficient safety precautions at the worksite and surrounding areas. The contractor has to take all necessary precautions in order to prevent occurrence of the damages and losses and comply with the instructions given by the construction supervision officers in order to reduce the possibilities of accidents, damages and losses. Furthermore, the contractor has to teach the procedures and precautions of protection against the accidents that may be caused by the tools, equipment and machinery used at the worksite.
   All expenses of the safety and protective precautions both requested by the construction supervision officers and applied by the contractor at his own will in these matters shall be on account of the contractor.
Clearing the worksites and removing the facilities
  Article 10- The worksites shall be cleared off any kind of preparations and construction residues in compliance with the environment by the contractor at the end of the work.
   Furthermore, the shelters, warehouses, garages, workshops etc. constructed by the contractor for their own needs shall be removed and taken by the contractor at the end of the work and any amount shall not be paid to him for these works. If these works, which are under the obligation of Contractor, are not carried out or carried out deficiently, an amount to be determined by the contracting entity shall be deducted from the progress payment, and if there is not any progress payment, from the performance bond of the contractor.
   The ones deemed necessary by the contracting entity in respect of the buildings, shelters and other facilities constructed by the contractor for his needs at the worksite can be purchased over the amount that is calculated in view of the market values applicable on the date of temporary acceptance of work and/or the prices to be determined as per the provisions set forth in Article 23 and the deterioration and depreciation shares as well as the workmanship and differences in nature of materials at the end of the work.

CHAPTER THREE
Projects
Handover of application projects to the contractor in turnkey lump sum works
Article 11- The application projects of the works to be performed shall be handed over to the contractor during the contact is signed together with the specifications and other technical documents in turnkey lump sum works.

Preparation and handover to the contractor of the preliminary and/or final projects and application projects in unit price contracts
Article 12- The preliminary or final projects of the works shall be handed over to the contractor during the contact is signed together with the specifications and other technical documents in unit price contracts.
That is application project is prepared or had prepared by the contracting entity in works where the terrain and ground surveys require the revision of the final project and in works contracted over preliminary or final projects due to natural disaster shall be principle, and these shall be handed over the contractor in two copies as annexed to a memorandum as necessary.
However, the contractor may be asked to prepare the application projects, in this case the following principles shall apply:
The application projects, calculations etc. to be performed by the contractor shall be prepared in accordance with the conditions stated in the contract and annexes, the preliminary/final projects, the instructions given by the contracting entity, the principles, the science and artistry rules so as not to hinder the work schedule and shall cover all necessary measures and details required in application.
In case the different choices are possible during the preparation of the application projects, the contractor shall prepare and submit to the contracting entity the projects, calculations and other necessary information and reports indicating choices.
In case it is required to make changes by the contracting entity in the application projects prepared by the contractor and/or the information given is deemed to be insufficient, the projects shall be returned to the contractor to be brought to the desired level for changes to be made in the projects and the related reports and/or the lacking information to be provided. The contracting entity may make changes in the project if deemed so.
In case deficiencies or defects are determined in the project and annexes by the contracting entity during the approval process, the contractor is obliged to correct these upon the instruction from the contracting entity and within the specified time at no cost to the contracting entity.
Unless any other provision is stated in the contract and annexes, the projects and related reports, submitted to the contracting entity by the contractor, shall be returned to the contractor approved as is or as amended or on condition that the deficiencies are to be remedied within one month starting from the date of submission. If any delay occurs on this matter, the contractor shall be entitled the right to extend the duration as the duration of the delay.
The contracting entity may approve the projects, which it deemed to be changed, according to the urgency of the work on condition that the required changes to be made on a later date.
The contractor is liable for the deficiencies and defects of the projects and accounts that it prepared and the outcomes of these. That projects are seen and approved by the contracting entity shall not relieve the contractor from this obligation.
The contractor is liable for the time losses and delays caused by the failure of submitting the projects and accounts prepared by the contractor to the contracting entity on the specified dates, the deficiencies and defects of the projects and accounts submitted, and return of these by the contracting entity without being approved.
After the temporary acceptance of the works, whether the application projects are given by the contracting entity or prepared by the contractor and approved by the contracting entity, the final projects (as-built drawings) showing the completed condition of the work and including the amendments made during the application shall be prepared by the contractor for free and the originals shall be submitted to the contracting entity.
For the project service, project cost may be paid to the contractor over unit price provided that it is stated in the tender document.
Application of Projects
Article 13- The contracted works shall be carried out in accordance with the application projects given by the contracting entity or prepared by the contractor and approved by the contracting entity.
The parts of the unit price works, for which approved application project is not prepared, shall not be commenced without the consent of the contracting entity. The responsibility of any contrary behavior shall belong to the contractor.
The responsibility of the mistakes resulted during the application of the project to the ground and the losses and expenses caused by mistakes shall belong to the contractor, and the cost of the mistaken work resulted shall not be paid to the contractor.
The contracting entity has the right to make any changes in the projects etc. technical documents related with the contracted works. The contractor is obliged to continue the work according to these changes during the continuation of the works. If the project changes requires the disposition or displacement or usage at a different place of the materials prepared pursuant to the initial project, the extra labor cost and expenses shall be paid to the contractor by the contracting entity. If the project changes are in the nature to affect the duration of the work, the extension request of the contractor shall be considered.
In case the contractor makes any changes to the project without the written notice of the contracting entity or the construction supervision officer, the responsibility shall belong to itself and the contractor shall not be entitled to claim any right.
If the contractor notices during the continuation of the works that the instruction submitted to him on the application of the project is on contrary to the contract or do not comply with the technical and artistic rules, he shall submit the counter-opinions in this matter to the contracting entity according to the provisions of article 15. Otherwise, other provisions of the same article shall apply.
Delays in the Submittal of Projects
Article 14- In unit price contracts, if delay occurs in delivery of the projects and other technical documents required for work to the contractor or change is made in such a way that time is needed to require drawing up the new project or document in the projects or technical documents submitted to the contractor, the contractor shall in no way claim any objections.  However, the duration of work shall be extended to meet such delay if this delay makes it compulsory to grant time extension for any part or the whole of the work.

CHAPTER FOUR
Construction Supervision Services

Supervision of works
Article 15- Any kind of works contracted shall be managed and realized by the contractor under the supervision of the control organization assigned by the contracting entity.
Any work being carried out under the supervision of the control organization or approval of the work shall not release the obligations and responsibilities of the contractor to carry out the whole work in accordance with the related projects, contract and specifications, technical and artistic rules.
Since the contractor acknowledged to carry out the undertaken Works according to the science and art principles as a responsible profession member, he shall be deemed to have inspected and accepted that the project and/or technical documents comply with the requirements of the workplace, science and art principles, additionally the location where the work will be performed and all kinds of materials in terms of quality and thus undertook the technical responsibility of the work by performing the work according to the submitted project and/or technical documents.
However, if the contractor claims that the technical document, workplace handed over or material or instruction submitted to him are on contrary to the contract and annexes or do not comply with the technical and artistic rules, he shall submit the counter-opinions in this matter to both the supervision official and contracting entity in writing within fifteen days (this period may be extended by the contracting entity in works the inspection of which may take longer upon the request of the contractor) starting from the delivery or instruction date. In case this period is exceeded the contractor has no right to object.
If the contracting entity gets the work carried out at its discretion in spite of the claims and objections of the contractor, the contractor shall not be liable for any deficiency, defect, non-quality and similar negative cases that arise as an ordinary result of this resolution.
In cases where deemed to be important, the contractor shall notify its requests to the contracting entity or the construction supervision officer, similarly, the contracting entity and the construction supervision officer shall notify their requests and instructions in writing to the contractor. The requests and claims of the contractor about the works and transactions performed on talking shall not be considered by the contracting entity.
The disputes that may arise between the contractor and the supervision official shall be resolved by the contracting entity according to the provisions of article 52.

The Authorizations of the Construction Supervisor
Article 16- The contractor is liable to carry out all works in accordance with the instruction to be given by the control organization provided that they are not on contrary to the provisions set forth in the contract and annexes.

The contractor shall indicate any kind of material to the supervision official and cannot use them without evidencing to the control organization that they are suitable for the work.

The construction supervision officer can conduct tests as desired to in order to check and review whether the materials are in compliance with the specifications and the expenses of such tests, irrespective of whether they are conducted at the workplace or in private or official laboratories, shall be borne by the contractor unless there is another provision in the contract. If the contractor requests the tests to be performed at the workplace, he has to supply the tools and equipments required.

The samples of the possible materials accepted by the construction supervision officer shall be sealed and stored until the end of work by the contracting entity.

If it is understood that the material brought to the workplace by the contractor is not in compliance with the technical specification or the sealed sample taken before and it is not suitable for the work, the contractor shall be liable to remove this material within ten days following the date of written notification of the construction supervision officer in this matter. If the contractor fails to do so, the construction supervision officer shall be authorized to remove this material out of the workplace with all losses and expenses on account of the contractor.

The Construction supervision officer shall be authorized to get the parts of works that are certainly found to be carried out against the art and science principles by the contractor performed again. The contractor shall be liable to remove and carry out again the said parts of work within the period of time indicated pursuant to the written instruction given to him in this matter without claiming any extra cost. If any delay occurs in this matter, the responsibility shall be on account of the contractor.

Construction of the buildings required for the construction supervision officer
Article 17- The contractor must build and deliver to the contracting entity at no cost appropriate locations, buildings and/or barracks under the conditions set forth in the contract for all kinds of related works and accommodation of the construction supervision officer. Other than the buildings that the contractor must build at no cost to the contracting entity pursuant to the contract, the contractor, when requested by the contracting entity, shall build other buildings required for the supervision official based on a charge provided that the conditions are specified in the tender document.

These buildings must be completed and delivered to the construction supervision officer within the period stated in the contract starting from the date on which the project and special specifications are handed over to the contractor. If the delivery of the buildings and barracks are late, the penalties specified in the contract shall apply.

The buildings to be built for the construction supervision officer shall be built at locations to be selected by the contracting entity.

The buildings and barracks, whether built for free or at a cost, shall become the property of the contracting entity at the completion of the work.

CHAPTER FIVE
Execution of the Work

Work schedule
Article 18- The contractor shall draw up detailed work schedules, at least four copies, in the form and details stipulated by the contracting entity for the works undertaken indicating the work items, work groups, monthly productions and work amounts, yearly allocations and monthly distributions considering the work sections and completion dates stated in the contract and the annual payment amounts within the period of time indicated in the contract or annexes as from the notification of the completion of the legal procedures that are required for entry into force of the contract, and submit to the contracting entity for approval.

For unit price works, where a preparation payment is accepted, the work schedules shall be prepared as production and preparation work schedules. Preparation shall be made pursuant to the work schedule. The cost of the preparation in excess of the amount indicated in the schedules shall not be included in the progress payment and production and preparation costs shall not be paid unless the work schedules are approved.

The contracting entity shall approve the schedule in the existing form or by making the amendments deemed necessary within the period of time set forth in the contract or annexes as from the date of delivery of the work schedule, and submit one approved copy to the contractor. The work schedules shall be valid upon approval by the contracting entity.

That all days except the official holidays and, if stated in the contract, the periods not suitable for work due to the climate conditions, will be spent with work shall be considered in such work Schedule. However, if the completion of the work falls in a period not suitable for work, the contracting entity may ask the contractor work in such period to finish the work. The climate conditions shall not be considered for office work.

The contracting entity may request the contractor to prepare package software work schedule (Critical Path Method – CPM) or similar computer assisted work schedule instead of the bar diagram in large works.

The contractor has to duly comply with the work schedule approved by the contracting entity. However, amendments may be made to the work schedule upon approval of the contracting entity in the events of force majeure.
If there is a time extension approved by the contracting entity in relation to the work, the contractor shall draw up a revised schedule and submit to the contracting entity within seven (7) days.

Contractor being present at work
Article 19- The contractor, principally, cannot leave the workplace during the term of the work that he undertakes. However, he can leave the work by assigning a representative with the power of attorney drawn up by a notary public and acceptable to the contracting entity to act on behalf of him provided that this assignment does not cause delay or cessation of works.

The contractor or his representative shall be liable to take permission of the construction supervision officer in the events of force majeure that require them from the workplace.

Personnel and tools necessary for the execution of the work
Article 20- After the contract is signed, the contractor shall be liable to prepare any kind of ancillary facilities required for performance of works, and provide any kind of materials, equipments and personnel, and take the precautions concerned with preparations according to the importance of the work and the work schedule.

The contracting entity has the right to decide whether or not the preparations made and precautions taken by the contractor are sufficient at the start or during the works to ensure that the works are carried out according to the work schedule.
The contractor shall at all times retain the sufficient quantity of materials, equipment and personnel in order to complete the work within the contract period. Otherwise, the contractor shall be liable to increase them to the required quantity within ten (10) days following the date of notification to him to this effect.
The contractor shall employ duly educated personnel that hold diplomas, certificates etc. and always prefer them to the others in execution of the works.
The contractor shall be liable to give tables detailing the quantities of the machinery, vehicles, tools and materials used by the employees (the locations and works to be specified separately) for them to be controlled by the contracting entity to the construction supervision officer upon request.

Subcontractors
Article 21- Those that cannot participate in the procurement as per Article 11 of Law #4734, and those that are prohibited from participating in the procurement as per Article 58, and those from the foreign countries mentioned in the Decree of Council of Ministers that is to be taken as per sub-item 8 of item (b) of Article 53, and those that are prohibited as per Article 26 of Public Procurement Contracts Law #4735 cannot be subcontractors.

The contracting entities may request the whole work to be carried by the contractor in respect of the works, for which it is not foreseen to assign subcontractors owing to the nature of work.

The whole work can not be subcontracted in any case.

In cases where the submission of the subcontractors to the contracting entity is requested before the contract is signed in tender document, the contracting entity shall inform whether it approves the subcontractor in the list or not within fifteen (15) days and those not approved by the contracting entity shall in no way work at the workplace. The contractor is required to make contracts with the approved subcontractors before the commencement of the works, a sample of which is to be submitted to the contracting entity.
It shall be subject to the consent of the contracting entity and the conditions set forth hereinabove that the subcontractors approved by the contracting entity at the beginning of the work and/or the portions of works carried out are changed in the course of the work and the work is assigned to the other subcontractors.

The contractor shall be liable to the contracting entity for all works carried out by the subcontractors. Acceptance and approval of subcontractors by the contracting entity shall not release the contractor from such responsibility.

If the contracting entity finds out that the works carried out by the subcontractor are not in compliance with the contract and specification, it may always request changing the subcontractor or any portion of work, which it does not want the subcontractors to perform, being carried out only by the contractor.

The contractor and the subcontractors shall be directly liable for the losses and damages arising from the selection, delivery or use of materials that are defective or that do not comply with the standards within the frame of contract, error in design, faulty application, lack of inspection, and failure of performing the commitment as per the provisions of the contract and specification, and similar reasons, as they will be jointly responsible for fifteen years after the final acceptance date. This loss and damage shall be completed and indemnified by the contractor according to the general provisions. Furthermore, the provisions of Article 27 of Law #4735 shall be applicable for them.

Increased works, decreased works and dissolution of works that are possible within the scope of contract
Madde 22.- In case any work increase is inevitable due to unforeseen reasons, provided that;
a) Work increase is kept within the project subject to the contract,
b) It is not technically and economically possible to separate additional work from the main contract without burdening the contracting entity,
 the contracting entity may have the same contractor perform the work increase up to the amount of 10 % of the main contract’s price in turn-key lump-sum works contracts and up to the amount of 20 % of the main contract’s price in unit price works contracts in accordance with the provisions specified in the original (main) contract and tender documents except the provisions on contract duration.
In works contracts based on unit price, Council of Ministers is authorized to raise this ratio up to the 40 % of the related contract.
In case it is determined that the work can not be completed under these circumstances the accounts (of the contract) shall be wound up in accordance with general provisions without any increase. However, under such circumstances, it shall be compulsory that the entire work be fulfilled in accordance with provisions of tender documents and of contract.
In case it has been determined that the work may be completed with a price lower than 80 % of the contract price, the contractor shall be obliged to complete the work. In such case, as a reward for the real expenses realized by the contractor and contractor’s profit, the 5 % of the difference between 80 % of the (total) contract price and the amount of work performed on the basis of contract prices shall be paid to the contractor over the prices current on provisional acceptance date.
 
Determination of new unit costs in respect of works not covered by the contract
Article 23- a) The costs for the new work items that are required to be performed by the Contracting Entity during the progress of works, but not included in the unit cost schedule, in works contracted over preliminary or final projects due to natural disaster and works contracted over final project since they required terrain and ground studies,

b) The costs of the extra works that will be carried out additionally under the Contract as per Article 22 of this specification,

shall be paid to the contractor over the new unit prices to be computed together with the contractor within the framework of the following methods.

The following analyses are used according to the order of priority given below in the determination of the new unit price:
a) Analyses to be found by comparing with the analyses submitted by the contractor in attachment to the tender to the contracting entity in determining the unit costs and in relation to the work items that are similar to the new work items;

b) Analyses of work items those are similar to the new work items available at the contracting entity or other contracting entities.

c) Analyses established on the basis of the amount of materials to be determined according to the grading that will be made during the performance of the new work items and the analyses created on the basis of the working hours of the personnel and machinery.

The following market values shall apply according to the order of priority given below to the abovementioned analyses:

1) The offered market values submitted to the contracting entity in attachment to the contractor’s tender.
2) The market values available at the contracting entity and other contracting entities.
3) The local market values approved by the Chamber of Commerce and/or Trade or the profession, as the case may be, on condition that they are acceptable to the Contracting Entity.

The new cost minutes to be issued in this matter shall be submitted to the Contracting Entity for approval and valid after approval within thirty days. If the parties fail to agree on the new unit price a Dispute Minutes shall be drawn up by the parties and the dispute shall be notified to the Habitation Board within ten days. The price determined by the Habitation Board must be accepted by both parties. However, the contractor is liable to continue the work by applying the unit cost determined by the Contracting Entity within such period of time.
In case the analysis found by comparing with the analyses submitted by the contractor is used in determining the unit costs, the effect of the quantity of the work item that such analysis represent and the quantity of the work item to be determined to the market values and general expenses shall be considered.
The contracting entity may assign the works that is not included in the contract and annexes, and that is possible to be assigned, to another contractor, and the contractor cannot claim any right for this reason.
Works that are not in compliance with the contract and annexes
Article 24- The contractor cannot make amendments to the projects and other technical documents concerning work at his discretion. The contractor shall be liable to change or remove and carry out again the works, the dimensions, mode of use and status of which are not in compliance with the projects and specifications and which are found to be bad and defective, free of charge upon the instruction given by the construction supervision officer within the period of time determined. If any delay occurs for this reason, the responsibility shall be on account of the contractor.
The works that are recommended by the contractor and that differ from the project and specification can only be accepted provided that they are in compliance with the technical and artistic rules and the requirements, and have better features than the existing ones upon approval of the contracting entity.
However, in this case, the contractor cannot claim extra amount stating that he used more materials and spent much labor. In such cases, the amounts calculated according to the dimensions specified or written in the project and specifications shall be included in the progress reports. If the dimensions, the value and materials of such works are lesser, the cost shall be paid accordingly.

Faulty, defective and incomplete works
Article 25- If the construction supervision officer has the signs and evidences that the work carried out by the contractor is incomplete, faulty and defective or the material is not in compliance with the specification, it shall notify the guidelines to be followed by the contractor to review and determine such incompleteness, faults and defects and excavate and/or demolish an reconstruct the places that are deemed necessary  both during the performance of work and in the period of time until acceptance.
These reviews shall be made with the contractor or his representative. If the contractor or his representative does not comply with the notice to this effect, the reviews shall be made by the control organization unilaterally, and the situation shall be entered into the minutes.
The expenses of such reviews and investigations shall be on account of the contractor if it is understood that the works are faulty and defective.
The amounts of the faulty, defective and bad works, which are under the responsibility of the contractor, shall be deducted from the subsequent progress payments or final progress payment or performance bond of the contractor according to the type and condition of realizing the work even though they are entered into the temporary progress payment reports.
In respect of works that are uninterruptible and that are performed through repetition at certain periods (daily, weekly etc.), the control organization shall keep records in periods according to the principles set forth in Article 34 of General Specification in relation to the works carried out. These records shall be taken into account as well in progress payments and the deductions and penalties written in the contract shall be applied for the works that are entered into the minutes as having been carried out on contrary to the contract and annexes.

Maintenance and correction responsibilities of contractor
Article 26- Any kind of responsibility of the works carried out shall be on account of the contractor until the date of approval of the acceptance proceedings by the contracting entity. Therefore, the contractor is liable to perform all repairs, corrections and continuous maintenance works deemed necessary by the contracting entity immediately owing to both the defective material and the defect and deficiency of works.

If the contractor fails to fulfill this requirement, the contracting entity shall request him to fulfill his obligations with a letter. If the contractor does not commence fulfillment of the obligations actually within ten (10) days unless a longer period of time is indicated by the contracting entity in the instruction letter according to the nature of work as from the date of notification to the contractor, or he fails to complete the work according to the technical requirements within the period of time determined, the contracting entity shall assign the said repair, correction and maintenance works to another contractor in accordance with the procedures specified in the law # 4734, and shall be authorized to affect payment from the performance bond or other receivables, if any, of the contractor in consideration of the amount of such works carried out in this way.

If any deficiency is observed in the works carried out by the contractor within the period of time until the date of acceptance, these deficiencies shall be corrected and repaired as mentioned above, and also the contractor may postpone the acceptance proceedings of such works that are determined to be deficient to any appropriate date. In this case, the performance bond shall be retained at the amount deemed proper by the contracting entity for the part, whose acceptance is postponed.
If the defects arising from the failure of the contractor and that must be handled urgently arise in works, and if the contractor does not have the opportunity to deal with the work and handle the matter, the contracting entity shall remedy such deficiency on behalf of the contractor provided that it is informed in writing. In case the contractor is not present at the communication address or is not interested in the work, the contracting entity shall remove the deficiency on behalf of the contractor, takes necessary measures and the contractor shall have no objection right to this application.

The contractor and the subcontractors shall be directly liable for the losses and damages arising from the selection, delivery or use of materials that are defective or that do not comply with the standards within the frame of contract, error in design, faulty application, lack of inspection, and failure of performing the commitment as per the provisions of the contract and specification, and similar reasons, as they will be jointly responsible for fifteen years after the final acceptance date. This loss and damage shall be completed and indemnified by the contractor according to the general provisions. Furthermore, the provisions of Article 27 of Law #4735 shall be applicable for them.

Damages and losses except for the default of contractor
Article 27- For the damages and losses caused by the extraordinary cases and natural disasters at the workplaces, because the works carried out as well as the insurable risks are covered by the insurance, the contractor cannot claim any amount from the contracting entity for such damages and losses. However, necessary time extension shall be given to the contractor for the delays that may arise owing to such damages and losses.
The risks that are impossible to be insured such as the risks arising from wars, domestic mobilizations, rebellions, domestic wards and similar events or radiations arising from a nuclear fuel unless used by the contractor and subcontractor, if any, and the precautions required for these operations as well as the risks that may arise after the contracting entity takes delivery of and uses the completed portions of the works shall be on account of the contracting entity.

Expenses to be borne by the Contractor
Article 28- The all of the costs stated below, required for the performance of the contract and the costs of specific works that the contractor is obliged to perform shall be borne by the contractor unless it is stated in the contract and annexes and otherwise stated,

a. Expenses related with both the management of the work and transportation of all kinds of materials, vehicles, machinery, tools etc. (excluding those included in the offered unit prices), construction of depots, barracks, hangar, gar etc required for these, protection and insurance of these facilities,

b. Expenses of all service roads required by the contractor for the performance of the work (excluding the roads to be opened in case the material queries are to be changed as stated in article 31) and the construction and maintenance costs of temporary bridges and passes over these and the costs of precautions to be taken on public roads,

c. All kinds of vehicle, material and personnel expenses required for works such as the implementation of projects to the ground, and all kinds of measurements required by the construction supervision officer,

d. The costs of the load and similar technical tests stated in the contract and annexes,

e. In cases deemed necessary by the acceptance commission, the costs of all load tests performed to provide security related with the works of the contractor,

 f. The costs related with the supply, transport and distribution of the water and energy (the water and energy for the construction is excluded) required for site services and related operation costs,

g. The costs of the pictures, three copies for each, and the film thereof, indicating the different levels of the work to be taken at required times and sufficient views to be determined by the construction supervision officer to show the condition and progress of the work.

Attachments and Related records 
Article 29- The site daily book, rollover and attachment books and the related documents to record the details of the works performed daily in the workplace shall be kept by the construction supervision officer with the contractor. The contractor shall be liable to sign these records and pertinent documents. Each signed copy of such documents shall be given to the contractor.

The contractor shall be deemed to have accepted the accuracy of contents and calculations by signing these documents and books. If he does not sign these documents or signs those by indicating his objection, ten (10) days shall be given to him as from the date of showing the records and documents to him to enable him to notify the counter-opinions in writing. If he does not notify the counter-opinions in writing within this period of time, he shall be deemed to have accepted and signed the matters written in the documents and books, and the minutes evidencing this issue shall be drawn up and enclosed to the attachment book. Ink or permanent pen shall be used in attachment book and the writings, figures, pictures, sketches and cross sections shall be careful, clear and complete, there shall be no scrapings or deletions. In case of any mistake made or noticed, the first figure and writing shall be crossed over with red ink allowing to be read and the corrections shall be printed and signed.

Duration and extension of the duration of work
Article 30- If the contractor fails to complete and deliver the work tendered for acceptance within the duration set forth in the contract, the daily delay penalty set forth in the contract shall be applicable for each delayed calendar day.

If the delay set forth in the contract are not attributable to the contractor due to force majeure reasons or the situations engendered by the contracting entity, this case shall be reviewed by the contracting entity, and the duration concerning part or whole of the work shall be extended to meet such delay according to the reasons delaying the work and the nature of work that will be carried out.

It is mandatory that the contractor must have notified the contracting entity in written form within twenty (20) days following the occurrence of the incident which should be documented by competent authorities. The contractor shall state in its notification the details of the reasons causing the delay and the time extension period requested. If it is not possible to determine the time to be extended then, the reasons for this also be stated and after the situation is clarified it shall request the time extension separately in writing. However, the requirement for notification in twenty days shall not apply for time extensions caused by the mistake of the administration.

The applications that are not made in a timely manner shall not be taken into account and the contractor may not request time extension after the application period expires. The application to be made during the survival of the force majeure can be taken into account as effective from the date of application.

In respect of works, for which a specific date and duration is determined as from the date of contract in order to complete the work under the contract and for which any other record is not kept, since the effect of the winter months and the public holidays corresponding to the period determined for performance of work shall be taken into consideration, the contractor cannot request time extension for such days when he does not work. However, the duration to be granted must be determined in view of the days when the works cannot be carried out in respect of time extensions.
CHAPTER SIX
Use of the Material Quarries, Demolitions and Diggings

The Conditions for Use of the Material Quarries and Quarry Changes
Article 31- In case the contracting entity provides in the contract or annexes that the construction materials such as stones, sand, pebbles, gravures, ballast, bricks, limes, stabilize etc. to be supplied from public quarries, the contractor must supply such materials from these quarries.

In cases where no determination is made in the contract or annexes on the quarries from which materials will be supplied, the contractor may supply the necessary material from places deemed to be proper on condition that they comply with the characteristics stated in the contract and annexes.

However, in case the quarries, regarded in the contract and annexes, are required to be changed during the execution of the contract, the contractor shall supply materials from the quarries designated by the contracting entity. In this case, unless otherwise stated in the contract, the differences such as transportation distance etc. shall be considered for both parties.

In case the quarry is changed, price difference payment or deduction shall apply from the date specified in the approved minutes on the change of the quarry.

The samples taken from the quarries that are determined to comply with the work shall be sealed and kept by the contractor and construction supervision officer. The contractor may transport the materials from such quarries to the workplace on condition that they comply with such samples. The preparation not corresponding to the accepted sample shall not be used in the works.

The materials to be extracted from the quarries should be taken from the best veins and be of the type that is eligible for work.

Unless otherwise stated in the contract and annexes, the costs for opening the quarry for the quarries stated in the contract shall be borne by the contractor.

The operation of the quarries shall not be made so as to blunt the quarry and make the operation difficult. The contractor is obliged to bring the quarry to an appropriate state for it to be re-operated and clean it after the use of the quarry. No payment shall be made to the contractor for such works. In case the contractor fails to carry out these works, the provisions of article 10 shall apply.

The contractor shall not use the materials, supplied from the quarries designated to it by the contracting entity for the performance of the works, at any other place than the contracted work as it shall in no way sell them.

Demolition of the Existing Structures
Article 32- The materials to be extracted from the existing structures, which are required to be demolished and demolished by the contractor, shall be sorted and stacked by the contractor at the location to be designated by the construction supervision officer for such material to be revalued and reused when required.

The amounts stated in the unit price proposal schedules shall be paid for these demolitions. If these demolitions are not regarded as work item and no price is included in the unit price offer schedule, the costs of such works shall be paid to the contractor according to the provisions of article 23.

Valuable Property Found In Diggings and Demolitions
Article 33- The material obtained during the diggings and demolitions at locations owned by the state shall belong to the contracting entity. Similarly, the culture values, valuable property and art works shall belong to the state. The eligible costs to be incurred by the contractor for the extraction of such property shall be paid to the contractor.
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