EMPLOYER’S REQUIREMENTS

The Subcontractor shall comply with the Employer’s Requirements, which comprises ( listed below in
order of priority):

(a) Any specifications in attached Architect’s drawings.

(b) Attached Section V – Employer’s Requirements – Specifications.

(c) Attached specifications in M2236/SE/GA-00.

(d) Any specifications and requirements stated in the attached Subcontract Bill of Quantities.

(e) Attached drawings. The drawings for tender purposes are listed and attached.

(f) The works (exposed to wind) shall resist wind speed/gust of at least 300 km/hr.

(g) The mezzanine/balcony shall be designed to take imposed load of 2.5 kN/m2 (250 Kg/m2).

(h) The Subcontractor shall submit shop drawings, samples and design calculations (duly prepared
and signed by a professional civil/structural engineer registered with the Council of Registered
Professional Engineers of Mauritius), within 14 days from the date the Subcontract is entered
into.

………..

(i) The Subcontractor shall, for the design it shall undertake, enter into a Design Warranty and
Undertaking agreement (not later than 7 days before the Works will, in the Subcontractor’s
opinion, be complete and ready for taking over by the Employer) with the Employer in
accordance with the attached Prescribed Form for Design Warranty and Undertaking annexed to
the Conditions of Contract.

(j) The Subcontractor shall indemnify and hold harmless the Employer, his servants and agents and
the Employer’s Personnel and their representatives from and against any and all actions,
proceedings, claims, costs, expenses, losses or damages or other liability whatsoever arising as
a result of any fault in but not limited to the design, calculation, manufacture and construction. In
this respect, the Subcontractor shall submit to the Engineer (not later than 7 days before the
Works will, in the Subcontractor’s opinion, be complete and ready for taking over by the
Employer) a signed indemnity form in accordance with the attached ‘Prescribed Form for
Indemnity by Subcontractor Undertaking Design Responsibility’ annexed to the Conditions of
Contract.

(k) The Subcontractor’s designers shall have in place proper and adequate Professional Indemnity
insurance cover (to cover risks associated with design) for a period of at least 10 years, from the
date (stated in the Taking-Over Certificate) of taking over of the Works by the Employer or from
the date of taking over of the Subcontractor’s designed works by the Employer, whichever is the
later. The Professional Indemnity insurance of each of the Subcontractor’s designer shall be for a
limit of not less than MUR 20M per occurrence, with no limit on the number occurrences. The
Subcontractor’s designers shall submit a copy of their Professional Indemnity insurance cover to
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Employer’s Requirements 1
 EMPLOYER’S REQUIREMENTS

the Engineer and the Employer. The Subcontractor may be required to cede to the Employer the
benefit of the Subcontractor’s designers’ Professional Indemnity insurance cover.

The Subcontractor’s designers shall use their best endeavours to maintain this insurance in full
force and effect during the period stated above. The Subcontractor’s designers undertake to
notify the Subcontractor and the Employer promptly of any difficulty in extending, renewing or
reinstating this insurance.

When it is reasonably requested to do so by the Contractor or the Employer, the Subcontractor’s

designers shall produce for inspection satisfactory documentary evidence that the insurance has
been taken out and is being maintained.

The Subcontractor’s designers shall provide to the concerned Employer’s Personnel design,
design details and signed/certified design calculations and Subcontractor’s Documents, before
ordering and execution of the Works.

The Subcontractor undertakes that the Subcontractor’s designers shall be available to attend
discussions with the concerned Employer’s Personnel at all reasonable times.

The liability of the Subcontractor and the Subcontractor’s designers in respect of the design shall
endure in accordance with the Contract and the Laws of Mauritius.

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Employer’s Requirements 2