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General Specification for Services - ANNEX 7
« on: May 20, 2009, 09:29:37 PM »
ANNEX-7
GENERAL SPECIFICATION FOR SERVICES

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 Law #4734, is to establish the general principles and procedures that will be applied in performance of the services that are contracted as per Law #4735.
Scope and nature
Article 2- This General Specification covers the services other than the “consultancy” that are awarded as per the provisions of this Law by the contracting entities subject to Law #4734 and that are contracted over the lump sum or unit cost as per Law #4735.
The provisions set forth in Chapters 2, 4, 5 and 6 of this General Specification may not be applied by the contracting entities for the services with an estimated value below the top limit set forth in sub-item 1 of item (b) of Article 13 of Law #4734.
This General Specification shall be an annex and integral part of the contract.
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 on contrary to the establishment and enactment of the relevant provision or it does not change this purpose.
The words and terms that denote the persons or parties shall refer to all firms, companies, institutions, organizations and similar entities as well as any kind of formation, person, good and capital communities irrespective of the name or whether the governing law respects corporate bodies or not.
Definitions
            Article 4- The definitions set forth in Law #4734 and other tender legislation shall be duly applicable in application of this General Specification.
Moreover;
Work: shall refer to the;
           a) continuous services (that is rendered by repeating at certain periods) or,
   b) services that arise after completion following a certain working (at one time),
   which are awarded to the Contractor and which are carried out under the contract including the increases.
Workplace: shall refer to the places where the works are carried out and which are temporary or permanently used during the term of work,
Control Organization (Control Office): shall refer to a person or commission that is assigned within the organization of the Contracting Entity for supervision of works by the Contracting Entity and/or the physical or corporate body or bodies that will be assigned outside the organization of Contracting Entity in order to perform these works,
Contractor’s Equipment: shall refer to all tools and equipment required to complete the services and remedy the defects,
Inspection, Examination and Acceptance Proceedings: shall refer to the proceedings that are set forth in the Contract or that are agreed between the Control Organization and Contractor and that must be performed after taking delivery of whole or any part of the services,
Contractor’s Representative: shall refer to the physical body 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 that work by the Contracting Entity,
Third Person: shall refer to the person and/or persons other than the Contracting Entity, control office and Contractor,
Day: shall refer to the calendar day,
Application Month: shall refer to the month when the works are carried out in compliance with the work schedule approved by the Contracting Entity,
Year: shall refer to the calendar year,
            Value of Work: shall refer to the amount that is specified in the contract and that will be paid to the Contractor over the currency taken as basis for payment in return for completing the works indicated in the contract as well as the additional works that are carried out as per Article 24 of Law #4735 owing to the circumstances not anticipated and remedying the defects and deficiencies, if any,
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,
Technical Document: shall refer to all projects, calculations and similar technical date and documents submitted to the Contractor by the Contracting Entity as well as the projects, similar technical data and documents submitted by the Contractor and approved by the Contracting Entity as per the Contract,
           Work Commencement Date: shall refer to the date when the Contractor receives proceed to work instruction from the Contracting Entity, and for the works requiring handing over the worksite, the date when the worksite is handed over to the Contractor,
Duration of Completion: shall refer to the time interval that shall be calculated following the work commencement date and that shall be determined for completion of works specified in the Contract or some part or portions of the works including the time extensions by Contracting Entity,
Certificate of Acceptance: shall refer to the certificate that is issued after the works are completed and the Acceptance Commissions makes an inspection,
Chapter: shall refer to the parts named as chapters or sections clearly in the Contract,
In the events that the scope and content of the terms defined in this article are on contrary to the scope or content of the terms used in Law #4734 or the provisions that are enacted pursuant to that Law and that are superior in ranking than the ones in this General Specification, the related term shall be applied with the scope or content of the terms used in Law #4734 or the provisions that are enacted pursuant to that Law and that are superior in ranking than the ones in this General Specification.
          Notices, consents, approvals, certificates and determinations
          Article 5- Any kind of communication among the Contracting Entity, Contractor and Control Organization shall be in writing, and when any permission, approval, certificate, notification, consent or determination, order, notice, call or invitation or distribution are required, they shall be in writing unless otherwise agreed between the respective parties.

CHAPTER TWO
General Obligations

General responsibilities of Contractor
Article 6- The Contractor shall plan, design (as stipulated in the Contract), execute and complete the works by paying the due care and attention, and remedy the defects that may arise with the works in accordance with the provisions of contract. The Contractor shall conduct any inspection, examination and tests and provide the labor, plants, equipment etc., whether permanent or temporary, in order to fulfill these responsibilities.
The Contractor cannot use the materials or apply the methods that are detrimental to the human health and environment as not allowed by the pertinent legislation during the performance of works. The materials and methods allowed by the pertinent legislation can be used by taking the precautions and properly. If these obligations are breached, the Contractor shall be liable to indemnify all losses incurred by the Contracting Entity and third persons.
The Contractor shall be personally liable for the loss incurred by the Contracting Entity or third persons because of breach of the obligations and prohibitions set forth in this General Specification.
          Handover of workplace to Contractor
          Article 7- The workplace shall be handed over to the contract according to the principles set forth in the contract or annexes. The workplace can be handed over to the Contractor in portions according to the nature of work.
If there is delay in handover of workplace to the Contractor, and this delay affects the completion of part of whole of the work in a timely manner, the duration of work shall be extended for part or whole of the work to meet such delay. The Contractor cannot claim increasing the contract amount or payment be effected except those set forth in the contract for this reason.
When it is required to make changes to the workplaces handed over to the Contractor due to compulsion, the Contractor shall transport the materials, tools and machinery brought to the workplace to the new workplace and transports the site, buildings and facilities in the former workplace (if already established) to the new workplace and establishes there. The Contractor shall be liable to carry out the transportation and re-establishment works personally or supervise these works. Any damage that may arise during transportation and re-establishment shall be under the liability of Contractor, and any extra payment shall not be effected to this effect.
The places that the Contractor will use for his needs
           Article 8- If it is written in the contract or annexes that the facilities such as the materials and vehicle warehouses 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 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 returning 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 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 Contracting Entity provided that the maps, plans and schedules concerning such temporary occupancy are drawn up by the Contractor.
Contractor being present at work
             Article 9- The Contractor cannot leave the workplace during the term of the work that he undertakes. However, he can leave the work by assigning a representative 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 Control Organization in the events of compulsion that require them from the workplace.
The Contractor or his representative shall be present together with the Control Organization when required during the relevant inspections and works.
Personnel and tools necessary for execution of work
           Article 10- 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 material, equipment and personnel, and take the precautions concerned with preparations according to the importance of work and the work schedule.
When all of the Contractor’s equipment and materials supplied by the Contractor are brought to the workplace, they shall only be deemed to be used for rendering the services and the Contractor cannot transport all or part of them without taking consent of the Control Organization except for transportation within the workplace. However, it is not necessary to take consent for the vehicles that will be used to bring to or from the workplace the personnel, workers, Contractor’s equipment and materials.
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.
In cases where the quantity of personnel that must be employed in the workplace is specified in the contract, the Contractor shall be liable to retain the specified quantity of personnel at the workplace.
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 information required by the Control Organization in relation to the number of personnel and workforce from various classes at the workplace and the Contractor’s equipment as stipulated and in the frequency set forth in the contract and annexes.
Claiming right of Contracting Entity and Control Organization
             Article 11- The Contracting Entity and Control Organization has the right to claim removal from work or workplace of the personnel at any stage and qualification (technical and administrative personnel, servants, workers and others) as well as the subcontractors that they find out a hindrance for them to be employed or retained, or having entered into the disapproved acts or they are of the opinion to be unqualified in fulfilling the tasks or deem it problematic to employ at the workplace. The Contractor shall be liable to act according to this demand upon the notification by the Contracting Entity or Control Organization and within the period of time given. If the Contractor fails to fulfill this obligation within the period of time given, the said persons shall be removed or caused to be removed by the Contracting Entity or Control Organization. Those that are demanded to be dismissed cannot work in the workplace without taking permission and approval of the Contracting Entity or Control Organization. The Contractor shall be liable to assign others that are duly qualified in a very short time instead of the persons that are dismissed.
Control Organization has the right to get the improper equipment and tools from the workplace. The Contractor shall replace the said equipment and tools with the ones that are acceptable to the Contracting Entity or Control Organization.
            Compliance with legislation
            Article 12- Including all related notices and payments, the Contractor shall comply with;
(a) All laws, Decrees Having the Force of Law, bylaws, regulations, decrees, circulars, communiqués and other pertinent legislation in relation to execution and completion of works, and remedial of defects that may arise in works;
(b) Regulations of the public authorities and organizations whose properties or rights are or can be affected in any manner owing to the works, and indemnify the Contracting Entity against all liabilities and penalties that may arise owing to the breach of these provisions.
Confidentiality
Article 13- The Contractor shall keep any kind of information and document obtained in relation to the work private and confidential, and shall not disclose or publicize any detail concerning the contract without prior written consent of the Contracting Entity. Reserving the judgments of the Turkish judiciary authorities, if any dispute arises about the requirement to disclose or publicize according to the purpose of the contract, the resolution of the Contracting Entity in this matter shall be final. The obligation of confidentiality shall continue after the termination of the contract for any reason.
Matters subject to intellectual and industrial property
           Article 14- Which of the intellectual and industrial property rights, patents, industrial designs, beneficial models, semi-conductive topographies (chips), digital communications, trade titles and other names and marks, geographical names and marks, the information not disclosed and similar intellectual and industrial rights, which constitute the subject matter of a service undertaken by the Contractor or in relation to the products produced during or owing to the performance of the services within the framework of the provisions set forth in the Contract have to be owned, and the duration and conditions related to such rights shall be indicated herein by the Contracting Entity without causing any hesitation according to the requirements and needs in view of the pertinent legislative provisions. These rights shall be exclusively owned by the Contracting Entity provided that the imperative provisions of the legislation in force are reserved and the content and exclusivity of product are not damaged and the honor and esteem of the product- owner are not disrupted.
   In the event that any right and/or interest subject to intellectual and/or industrial property under protection as per the provisions of the relevant legislation is violated when or since the Contractor is fulfilling the obligations according to the contract, any administrative, legal, penal and financial liability to this effect shall be of the Contractor. The Contractor shall not be entitled to make any claim from the Contracting Entity in this matter. If the Contracting Entity faces any legal sanction in spite of this, it shall be recourses to the Contractor upon the written request of the Contracting Entity provided that its other rights are reserved. The Contractor shall be liable to provide all information and documents with regard to the fact whether there is intellectual and industrial property of the service undertaken, and if so, the rights and liabilities towards itself and third persons before concluding the contract. If the Contracting Entity encounters any damage or loss of right since this obligation is not duly fulfilled by the Contractor, the Contracting Entity shall receive and charge any loss (including the loss of profit and missed opportunities) from/ with the Contractor provided that other rights are reserved.

Non-damage to the public order and property
            Article 15- The contract shall, under the obligation to act according to the conditions of the contract in all proceedings necessary to execute and complete the works and remedy the defects that may arise with the works;
(a)act according to the public order and the requirements of the public life;
            (b) not damage the movable and immovable assets that are under the property or discretion and disposal of the public and the movable or immovable assets under the property of private persons as well as the common properties such as roads, squares and parks that are allocated or provided for use by the public, and the properties that are used for the public service, and shall not prevent using and accessing to them.
All losses, penalties, indemnifications and similar liabilities that the Contracting Entity may incur owing to the violation of the said provisions as well as the expenses arising from their financial consequences shall be borne by the Contractor.
            Providing opportunity to other Contractors
Article 16- According to the demands of the Control Organization, the Contractor shall provide all reasonable opportunities to;
a) all other Contractors and their workers assigned by the Contracting Entity;
b) Contracting Entity’s personnel;
            c) the persons and duly authorized persons that are required to work at or in the vicinity of workplace as well as the related personnel owing to any work that is carried out by the Contracting Entity in connection with the works under the contract or in aid to these works, or that is carried out by other Contractors as per another contract or that is not included within the scope of the contract;
   to enable them to carry out the works that they are assigned or obliged.
            Quality of materials, plants and workmanship
            Article 17- All materials, plants and workmanship;
 (a) shall be at the types and sorts indicated in the contract and annexes, and comply with the instructions given by the Control Organization;
 (b) shall be subject to the inspections and tests at the construction, production or preparation place, workplace or another place set forth in the contract at the times demanded by the Control Organization.
The Contractor shall provide any support, workmanship, electricity, fuel, devices and tools required for inspecting, measuring and testing the materials or plants and submit the samples of all materials to the Contracting Entity in order to carry out the tests to be selected and deemed necessary by the Control Organization.
All samples shall be provided with all costs borne by the Contractor if it is clearly indicated that they will be provided and submitted by the Contractor under the contract.
Subcontractors
  Article 18- Those that should be disqualified from the procurement as per Article 10 of Law #4734, and those that cannot participate in the procurement as per Article 11, 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. In relation to the works subject to the consent of Contracting Entity to assign subcontractors, the Contractor shall submit the names of the subcontractors that will carry out the portions consented by the Contracting Entity and the portions that such subcontractors shall carry out owing to the nature of work to the Contracting Entity provided that the whole work is not subcontracted in any manner.
The Contracting Entity shall inform whether it approves the subcontractor or not within fifteen (15) days. The subcontractors shall be able to commence work upon the approval of the Contracting Entity; otherwise the subcontractors cannot work at the workplace in any manner.
The Contractor has to conclude a contract with the subcontractors included in the list approved by the Contracting Entity before the contract is concluded, and submit a copy of this contract 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 any 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.
           Protecting and insuring the works and workplaces
           Article 19- The Contractor shall be liable for protection of any kind of tools, materials, preparations, machinery and vehicles and the services under the contract as from the commencement of work until the issuance of certificate of acceptance at the workplaces.
The Contractor shall be liable to take all precautions in order to prevent the emergence of accidents, damages and losses and comply with the instructions to be given by the Control Organization to minimize the possibility of such accidents, damages and losses.
The Contractor shall be liable to take any safety precaution in the works to be carried out at the workplace during the term of work. The Contractor shall be liable for paying the damage and loss that may arise at the workplace or in the vicinity owing to the failure to take sufficient safety precautions. Furthermore, the Contractor shall be liable to teach the procedures and precautions of protection against the accidents that may be caused by the equipment used at the workplace. All expenses concerning the safety and protection precautions both required by the Control Organization and taken by the Contractor at his discretion in these matters shall be borne by the Contractor.
If insurance is required according to the type of services, the type or types of insurance and the security limits applicable shall be indicated in the contract or annexes provided that they are in accordance with the present conditions.
The Contracting Entity shall have the capacity of employer and the Contractor shall have the capacity of undertaker, and if any, subcontractors shall be indicated in the insurance policies issued. The assets must be insured over their exact values.
If it is set forth in the contract, the limits concerning the insurances must be increased to the updated values on the anniversary of the date of commencement to work.
The Contractor has to submit to the Contracting Entity the policies and evidences of payment concerning the said insurances required by the Contracting Entities before the work actually commences. Advance and progress payments shall not be effected unless the insurances are completed.
In cases where the Contractor is in default as set forth in the insurance policies, the Contractor cannot make any claim from the Contracting Entity for the amounts not covered by the insurance owing to such default.
Whether the insurance liability will continue or not in the process until the end of acceptance period or what extent it will continue shall be indicated in the contract or annexes in view of the provisions of articles that govern this process.
If the contract is terminated or the work/ account is dissolved, these insurances shall be maintained until the work is awarded to the new Contractor and the insurance expenses concerning such period shall be borne by the first Contractor. However, this period cannot exceed three (3) months as from the date of termination or dissolution.
Damages and losses except for the default of Contractor
Article 20- Whether the damages and losses caused by the extraordinary cases and natural disasters at the workplaces and the works carried out as well as the insurable risks are covered by the insurance or not, 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 wars 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.
Maintenance of works
Article 21- The Contractor shall be liable to take care of and maintain the works, materials and facilities as from the date of commencement of work until the date of issuance of certificate of acceptance for the whole works.
The Contractor shall be responsible for the maintenance and care of all works, materials and related facilities warranted during the warranty period until the end of such period.
Clearing the workplaces and removing the facilities
           Article 22- The Contractor shall clear of all unnecessary obstacles, and store or dispose of the Contractor’s equipment and residues, and remove all unnecessary scraps, rubbish etc. from the workplace as per the pertinent legislation during the execution of works.
The workplaces shall be cleared off any kind of preparations and operation residues by the Contractor at the end of work. Furthermore, the shelters, storehouses, garages, workshops etc. facilities that are constructed for the own needs of the Contractor shall be removed and taken away by the Contractor at the end of the work, and any amount shall not be paid to him for these works. In the events of failure or deficiency in fulfilling such obligation of Contractor, any amount to be determined by the Contracting Entity shall be deducted from the progress payment, or if there is not such payment, the performance bond of the Contractor.

CHAPTER THREE
Technical Document

Works whose technical document is provided by Contracting Entity
Article 23- If it is set forth in the tender document that the work under the contract must be carried out pursuant to the project or the technical document in this content, the said work shall be carried out in accordance with the technical document and details given to the Contractor by the Contracting Entity.
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 Control Organization and Contracting Entity in writing.
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.
Delay in delivery of technical document
Article 24- If delay occurs in delivery of the technical document required for work to the Contractor or time is needed to require drawing up the new technical document, the duration of work shall be extended to meet such delay if this delay makes it compulsory to grant time extension.
           Report and technical document to be submitted by Contractor
Article 25- While the projects and/or reports to be drawn up by the Contractor are delivered to the Contracting Entity for approval, the information that will be make the inspections to be conducted by the Contracting Entity easy and that will indicate compliance with the objective within the frame of the contract or annexes in the proposed form must be submitted by the Contractor along with the other technical documents.
If any fault, deficiency and defect are found out in this document by the Contracting Entity during the approval process, the Contractor shall be liable to correct them without requiring the payment of any separate amount upon the written order of the Contracting Entity and within the period of time given.

CHAPTER FOUR
Control Services

Control Organization and its authorities
Article 26- Any kind of work contracted shall be managed and realized by the Contractor under the supervision of the Control Organization assigned by the Contracting Entity. 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 authorities of the Control Organization shall be indicated in the contract. If there is not any provision on contrary to the contract, the Control Organization shall be authorized to conduct any supervision in relation to the execution of works, and give and implement instructions with regard to the approval or rejection of the works and the Contractor’s personnel as specified to be submitted for approval in the related contract, and to determine the amount of payment, remedy the works and fulfill the requirements of contract; and it shall give opinions to the Contracting Entity about termination, dissolution, time extension, increased work, acceptance, carrying out work for and on behalf of Contractor and approving the subcontractors.
          The Contractor shall indicate any kind of material he will use to the Control Organization and cannot use them without evidencing to the Control Organization that it is suitable for the work. The Control Organization 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 equipment required.
The samples of the possible materials accepted by the Control Organization 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 Control Organization in this matter. If the Contractor fails to do so, the Control Organization shall be authorized to remove this material out of the workplace with all losses and expenses on account of the Contractor.
The Control Organization shall be authorized to get the parts of works performed again that are certainly found to be carried out badly and defectively by the Contractor. 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.
If the work under the contract is uninterruptible, the records concerning the performance of work shall be kept at the frequency indicated in the contract and these minutes shall be signed by the Contractor. If the works are carried out deficiently, badly and on contrary to the contract, the penalties set forth in the contract shall be applicable.
Approval not releasing the responsibility
Article 27- 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.

CHAPTER FIVE
Execution of Work

 Work schedule
 Article 28- The Contractor shall draw up a detailed work schedule in the form and details stipulated by the Control Organization for the works undertaken 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 the date of commencement of work accordingly, and submit to the Control Organization for approval. The work schedule shall also include a general explanation about the methods and arrangements proposed by the Contractor for execution of the work if it is requested by the Control Organization.
   The Control Organization shall submit the schedule in the existing form or by making the amendments deemed necessary to the Contracting Entity for approval within the period of time set forth in the contract or annexes as from the date of delivery of the work schedule.
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.
In the work schedules, the order and dates of submitting the documents such as projects, reports, technical documents etc. concerning the services to the Contracting Entity must be specified. The Contractor shall inform the latest period of submitting the information, principles and instructions, which must be submitted by the Contracting Entity for preparing them, to the Contracting Entity along with the work schedule in detail.
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 compulsion.
Revised schedule
Article 29- If there is a time extension approved by the Contracting Entity in relation to the work or the Control Organization is of the opinion that the schedule approved for the actual progress of works has not been complied with, the Contractor shall draw up a revised schedule and submit to the Contracting Organization within ten (10) days to ensure that the works are completed in a timely manner upon the request of Control Organization. The revised schedule shall take force upon the consent of Control Organization, and approval of the Contracting Entity.
Continuance of duties and responsibilities of Contractor
Article 30- That the programs mentioned above are submitted to the Contracting Organization, and that the approval of the Control Organization is taken or that the general clarifications mentioned hereinabove are given shall not release the Contractor from the duties or responsibilities undertaken as per the Contract.
            Works that are not in compliance with the contract and annexes
  Article 31- 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 Control Organization 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 Control Organization. However, in this case, the Contractor cannot claim extra amount.
The Control Organization may request for any change to the work provided that it has better features than those indicated in the contract document and the Contractor agrees with it.
Faulty, defective and incomplete works
Article 32- If the Control Organization 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 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 33- 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, and shall be authorized to effect 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, of which 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.
The Contractor 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. 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.
Related records
Article 34- The records set forth in the contract by the Contracting Entity to ensure and control the performance of work in accordance with the contract and annexes and the work schedule shall be kept by the Control Organization 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 them 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 records.
If the work under the contract is an uninterruptible work that is performed in periods (daily, weekly etc.) in relation to a specific service, the records mentioned above shall be kept as of such periods and the objections against records shall be raised while the records are being kept. Whether the work is performed in compliance with the contract and annexes, the faults, defects and deficiencies in works, the number of persons employed and the machinery and equipment used as well as other matters deemed necessary by the Control Organization shall be included in these records. These records and objections shall be taken as basis in both progress payments and the acceptance proceedings that will be performed by the acceptance commission on the date when the contract terminates.
Duration and extension the duration of work
Article 35- It is essential that the work tendered is completed and delivered as available for acceptance within the duration set forth in the contract. If the Contractor fails to respect this principle in any way, the penalties set forth in the contract shall be applicable.
Reserving the other cases stipulated in this General Specification, if the reasons of compulsory delay set forth in the contract and not attributable to the Contractor arise within the frame of provisions set forth in Article 10 of Law #4735, 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.
The Contractor shall apply to the Contracting Entity with a letter indicating the details and consequences of the events and the time extension required, and if it is not possible to determine the time extension, the reasons thereof, within twenty (20) days as from the emergence of the reasons requiring the time extension, and notify the requested time extension in a separate letter promptly after the situation is clarified.
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 essential reasons 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 accepted to be taken into consideration, the Contractor cannot request time extension 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.
In the event that the Contracting Entity does not fulfill the obligations set forth in this General Specification and contract in relation to the performance of the contract within the duration stipulated without any default on part of the Contractor (delay in handover of site, non-approval of the projects and work schedule, delay in permits, licenses and consents, lack of appropriations etc.), and therefore, it is not possible to complete the work in a timely manner, the situation shall be reviewed by the Contracting Entity upon the request by the Contractor provided that this hinders the performance of the contract and the Contractor does not have sufficient power to eliminate the hindrance, and the Contracting Entity may extend the time for a part of or whole work according to the nature of the work.
If increased works arise owing to the additional works in the unit cost contracts, the duration of work shall be extended for part or whole of the work in proportion to this increase.
Earlier completion of work
Article 36- If the work is completed earlier than the period set forth in the contract, the Contracting Entity shall complete the acceptance proceedings in compliance with the procedures set forth in “Acceptance Proceedings and Final Payment” without waiting for the date of completion laid down in the contract.
            Determination of new unit cost in respect of works for which the price is not known
Article 37- The unit costs for the new work items that are required to be performed by the Contracting Entity during the progress of works and that will be carried out additionally under the Contract as per Article 53, but not included in the unit cost schedule, shall be determined by the Control Office and the Consultant according to the order of priority given below by using;
   a) Analyses to be found by comparing with the analyses submitted to the Contracting Entity by the Contractor 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 that are similar to the new work items available at the Contracting Entity or other Contracting Entities;
   c) Analyses created 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;
   d) The market values available at the Contracting Entity and other Contracting Entities as well as the offered market values submitted to the Contracting Entity in attachment to the Contractor’s tender;
   e) The country 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.

      If the parties fail to agree on the new unit costs within thirty (30) days following the date of submittal of the price minutes to the Contracting Entity for approval, a disagreement protocol shall be issued in this matter and signed by the respective parties, and the issue shall be settled according to the provisions concerning the settlement of disputes in the contract. However, the consultant is liable to continue the work by applying the unit cost determined by the Contracting Entity within such period of time.
The Contracting Entity may assign the works that are not included in the contract and annexes to the others, while it is possible to be assigned to another Contractor, and the Contractor cannot claim any right for this reason.

CHAPTER SIX
Personnel Employed By Contractor, Employee’s Rights and Working Conditions
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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Personal rights of employees
Article 38- The Contractor shall ensure that the workers employed by him work and receive wages in the conditions not less suitable than those accepted as the same branch of work or those accepted as the same type of job as per the legislation. If the wages, sub-payments and working conditions are not subject to the collective contracts or legislation, the Contractor shall provide the wage, sub-payment and working conditions not less suitable than those accepted as the same branch of work or those accepted as the same type of job as per the legislation. The Contractor shall take the necessary precautions to ensure that the subcontractors, if any, comply with these working conditions.
The Control Organization shall check whether there are employees that are not paid by the Contractors or subcontractors at the workplace, and if payment over the minimum wage is required to be effected to the personnel in the works that are to be carried through employment of skilled personnel according to the tender document, it shall check whether the minimum amount of payment determined is paid to the relevant personnel or not, or evaluate the requests and notices submitted to it in this matter, and ensures that these wages are paid from the progress payments of the Contractor according to the payrolls to be required from the Contractor and subcontractors.
For this purpose, when the Contractor requests progress payment, this request and the date of effecting the progress payment (approximately) shall be announced by affixing as written announcements at the places such as the site chief office, workplace announcement board or the places where the workers stay collectively, which can be seen by the workers. Such announcement shall be written into the minutes signed by the Control Organization, Contractor or his representative and the workers’ representative, and a copy of such minutes shall be sent to the cashier’s desk of progress payments.
The receivables of personnel shall be deemed determined for days prior to the date of issuing the progress payment report (prior to the date of payment of labor wages). The Contracting Entity shall not assume any liability for the excess of such receivables from the amount applicable for three (3) months.
The receivable claims notified shall be reviewed from the records of the Contractor or subcontractor and grading, if any, and the previous memorandums of account, and it shall be ensured that the agreed amounts (not exceeding the amount of payroll for quarterly periods) are written into the payrolls by the Contractor and these payrolls shall be submitted to the payment office with the progress payment report.
This payroll amount that is deducted from the part of progress payment that must be effected by the Contractor shall be submitted to the relevant trustee of the cheque payment unit and the receivables indicated on the payroll shall be paid to the relevant parties before the Control Organization, Contractor or his representative and workers’ representative. This matter shall be written into the separate minutes. If the Contractor or his representative is not present in spite of the notification, this shall be written into the minutes.
All workers, personnel and technical staff employed by the subcontractors that are assigned by the Contractor on daily, weekly or monthly basis shall be deemed as the personnel of Contractor, and the Contractor shall be directly liable for paying their wages. The Contractor shall be liable to act as if they are his own personnel and as mentioned above in respect of their wages.
The Contractor shall submit each copy of the payrolls of the technical and executive staff and workers to the Control Organization within one month at the latest as from the date of issuing the payrolls in order to be able to control the receivables of personnel, and the skills and previous experiences, names, surnames, places and dates of birth of technical and executive personnel and workers shall be indicated in these payrolls.
The signature of Contractor or his representative shall be affixed on the payrolls.
Healthcare affairs of employees
Article 39- The Contractor is liable to take any healthcare precaution in accordance with the health and safety legislation in force for those that work for the services both at the places where they live and work both individually and collectively, and comply with the pertinent legislative provisions and the instructions to be given by the Contracting Entity or Control Organization about their healthy food, drinking, accommodation, bathing, protection against diseases and treatment in the events of diseases or accidents according to the local conditions with all expenses on account of the Contractor.
Accidents faced by employees
Article 40- In the accidents that may arise in spite of the precautions taken by the Contractor, the expenses of the treatments of and indemnifications payable to the workers and personnel involved in the accidents shall be borne by the Contractor. Furthermore, all the burial expenses and the indemnifications payable to the families of those that die at work or owing to the reasons in connection with the work among the workers and personnel shall be covered by the Contractor.
The Contractor shall comply with the general provisions in force in this matter.
Food and beverage of employees
Article 41- The Contractor shall be liable to take all precautions necessary to provide food and beverage for the workers and personnel employed especially at the places that are far away from the cities and towns. However, such provision shall not be made by force in any manner and shall not disrupt the freedom of the employees to get their food and beverage from any place desired.
Any kind of legal obligation and responsibility arising from the sale and supply of food and beverage at the workplace shall be on account of the Contractor. The Contractor shall be successively responsible for sale and supply by third persons acting on behalf of him.

CHAPTER SEVEN
Progress Payments

Progress Payments
Article 42- a) Payment of contract amount in periods during the term of work:
In the event that the service under the contract is continuously rendered by the Contractor for a certain period of time (being the type of uninterruptible work defined in Article 4) or the work can be divided into parts, the temporary progress payments shall be effected provided that they are not characterized as final payment and not regarded as acquired rights in the intervals set forth in the contract. The amounts of work carried out by the Contractor shall be paid to him within the frame of the provisions on payment in the contract after making the deductions as per the provisions in the contract and the pertinent laws.
Upon the request of the Contracting Entity, the Contractor shall be liable to maintain the final accounts in parallel to the work provided that they are under the supervision of Control Organization. In this case, such finalized amounts shall be taken into account for the completed portions of work in drawing up the temporary progress payment reports.
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