bill no. 1 preliminaries notes: engineering works … 1.1 ombika - section 1... · internationale...

MCAN/COMRFP/2A02002

TENDER DOCUMENT

Section No. 1 1/1PRELIMINARIESLOT 1.1 : OMBIKA GATE

BILL NO. 1

PRELIMINARIES

Item Quantity Rate AmountNo.

NOTES:

i) The Conditions of Contract for Construction for Building andEngineering Works Designed by the Employer as issued by theFederation internationale des Ingenieurs-Conseils (FIDIC), FirstEdition 1999, shall be the applicable contract for the execution ofthe Works.

ii) The Model Preliminaries as recommended and published by theAssociation of South African Quantity Surveyors, 1988 editionshall be deemed to be incorporated herein.All references to the "Architect" in The Model Preliminaries shallbe deemed to be the "Engineer" for the purposes of thiscontract.

In addition, the items in these Bills of Quantities are deemed tobe read and priced in conjunction with and the descriptionsregarded as amplified by the Model Preambles for Trades, asrecommended and published by the Association of SouthAfrican Quantity Surveyors (2008 Edition).

Supplementary Preambles as well as Project Specificationsattached to this Tender document, amending/supplementingstandard clauses in the Model Preambles for Trades with regardto items of a general nature and/or specific materials and/ormodes of procedure are incorporated in these Bills of Quantitiesto fulfil the requirements of these building works.

No claim arising from brevity of description of items fullydescribed in the said Model Preambles for Trades and/orSupplementary Preambles and/or Project.

iii) Tenderers are referred to the abovementioned documentsfor the full intent and meaning of each clause thereof (hereinafterreferred to by heading and clause number only) for which suchallowance must be made as may be considered necessary.

All references in the above mentioned documents and thisPreliminaries Bill to "Architect"/"Principal Agent" are deemed tobe references to "The Engineer"

iv) Where standard clauses or alternatives are not applicable tothis contract such modifications, corrections or supplementsas will apply are given under each relevant clause heading.

Carried to Collection N$

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v) Where N/A appears opposite any clause, such clause as detailedin the standard documents referred to is NOT APPLICABLE tothis contract.

The following documents will form the basis of the Tender andContract:-

1. The Conditions of Contract for Construction for Building and EngineeringWorks Designed by the Employer as issued by the FederationInternationale des Ingenieurs-Conseils (FIDIC), First Edition 1999,

2. Form of Tender

3. Project drawings

4. Bills of Quantities (fully priced out)

5. Model Preliminaries (1988 Edition)

6. Model Preambles for Trades (2008 Edition) with supplementaryProject Specifications (where applicable)

The Contractor is advised to examine the above documents and makehimself thoroughly acquainted with the nature and requirements of the work,as no claim for extra payment in this connection will afterwards beentertained. Should any parts of the documents or drawings not be clearlyintelligible to the Contractor, he must, before submitting his tender obtainclarification from the Engineer.

SECTION A : CONDITIONS OF CONTRACT FOR CONSTRUCTION FORBUILDING AND ENGINEERING WORKS DESIGNED BY THE EMPLOYER

A.1 - GENERAL PROVISIONS

1 Clause 1.1 : Definitions Item

2 Clause 1.2 : Interpretation Item

3 Clause 1.3 : Communications Item

4 Clause 1.4 : Law and Language Item

The language to be used in all matters pertaining to this contract shall be inEnglish. The law of the Republic of Namibia shall be applicable to thisContract.

5 Clause 1.5 : Priority of Documents Item

6 Clause 1.6 : Contract Agreement Item

7 Clause 1.7 : Assignment Item


8 Clause 1.8 : Care and Supply of Documents Item

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9 Clause 1.9 : Delayed Drawings or Instructions Item

10 Clause 1.10 : Employer’s Use of Contractor’s Documents Item

11 Clause 1.11 : Contractor’s Use of Employer’s Documents Item

12 Clause 1.12 : Confidential Details Item

13 Clause 1.13 : Compliance with Laws Item

i) Contractor to comply with the Namibia EnvironmentalManagement Act No. 7 of years 2007 as well as theEnvironmental Assessment Policy of year 1995 by implementingthe Environmental Management Plans (EMP) documentedseparately as part of this contract.

ii) Contractor to comply with the Namibia Public Health and SafetyManagement Policy under Act No. 11 of year 2007 byimplementing the Public Health and Safety Awareness Plan(PHSAP) documented separately as part of this contract.

14 Clause 1.14 : Joint and Several Liability Item

A.2 - THE EMPLOYER

15 Clause 2.1 : Right of Access to the Site Item

16 Clause 2.2 : Permits, Licences or Approvals Item

17 Clause 2.3 : Employer’s Personnel Item

18 Clause 2.4 : Employer’s Financial Arrangement Item

19 Clause 2.5 : Employer’s Claims Item

A.3 - THE ENGINEER

The Engineer shall be deemed for the purposes of this contract, to be thePrincipal Agent, Architect or any other person appointed by the Employerto fulfil such duties.

20 Clause 3.1 : Engineer’s Duties and Authority Item

21 Clause 3.2 : Delegation by the Engineer Item

22 Clause 3.3 : Instructions of the Engineer Item

23 Clause 3.4 : Replacement of the Engineer Item

24 Clause 3.5 : Determinations Item


A.4 - THE CONTRACTOR

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25 Clause 4.1 : Contractor’s General Obligations Item

26 Clause 4.2 : Performance Security Item

27 Clause 4.3 : Contractor’s Representative Item

28 Clause 4.4 : Sub-Contractors Item

29 Clause 4.5 : Assignment of Benefit of Sub-contract Item

30 Clause 4.6 : Co-operation Item

31 Clause 4.7 : Setting out Item

32 Clause 4.8 : Safety Procedures Item

33 Clause 4.9 : Quality Assurance Item

34 Clause 4.10 : Site Data Item

35 Clause 4.11 : Sufficiency of accepted Contract Amount Item

36 Clause 4.12 : Unforeseeable Physical Conditions Item

37 Clause 4.13 : Right of Way and Facilities Item

38 Clause 4.14 : Avoidance of Interference Item

39 Clause 4.15 : Access Route Item

40 Clause 4.16 : Transport of Goods Item

41 Clause 4.17 : Contractor’s Equipment Item

42 Clause 4.18 : Protection of the Environment Item

43 Clause 4.19 : Electricity, Water and Gas Item

44 Clause 4.20 : Employer’s Equipment and Free-issue Material Item

45 Clause 4.21 : Progress Reports Item

46 Clause 4.22 : Security of the Site Item

47 Clause 4.23 : Contractor’s Operations on Site Item

48 Clause 4.24 : Fossils Item


A.5 - NOMINATED SUB-CONTRACTORS

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49 Clause 5.1: Definition of “nominated Sub-Contractor” Item

50 Clause 5.2 : Objection to Nomination Item

51 Clause 5.3 : Payments to nominated Sub-Contractors Item

52 Clause 5.4 : Evidence of Payments Item

A.6 - STAFF AND LABOUR

53 Clause 6.1 : Engagement of Staff and Labour Item

54 Clause 6.2 : Rates of Wages and Conditions of Labour Item

55 Clause 6.3 : Persons in the Service of the Employer Item

56 Clause 6.4 : Labour Laws Item

57 Clause 6.5 : Working Hours Item

58 Clause 6.6 : Facilities for Staff and Labour Item

59 Clause 6.7 : Health and Safety Item

60 Clause 6.8 : Contractor’s Superintendence Item

61 Clause 6.9 : Contractor’s Personnel Item

62 Clause 6.10 : Records of Contractor’s Personnel and Equipment Item

63 Clause 6.11 : Disorderly Conduct Item

A.7 – PLANT, MATERIALS AND WORKMANSHIP

64 Clause 7.1 : Manner of Execution Item

65 Clause 7.2 : Samples Item

66 Clause 7.3 : Inspection Item

67 Clause 7.4 : Testing Item

68 Clause 7.5 : Rejection Item

69 Clause 7.6 : Remedial work Item

70 Clause 7.7 : Ownership of Plant and Materials Item

71 Clause 7.8 : Royalties Item


A.8 – COMMENCEMENT, DELAYS AND SUSPENSION

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72 Clause 8.1 : Commencement of Works Item

73 Clause 8.2 : Time for Completion Item

74 Clause 8.3 : Programme Item

75 Clause 8.4 : Extension of Time for Completion Item

76 Clause 8.5 : Delays Caused by Authorities Item

77 Clause 8.6 : Rate of Progress Item

78 Clause 8.7 : Delay Damages Item

79 Clause 8.8 : Suspension of Work Item

80 Clause 8.9 : Consequences of Suspension Item

81 Clause 8.10 : Payment for Plant and Materials in Event of Suspension Item

82 Clause 8.11 : Prolonged Suspension Item

83 Clause 8.12 : Resumption Work Item

A.9 – TESTS ON COMPLETION

84 Clause 9.1 : Contractor’s Obligation Item

85 Clause 9.2 : Delayed Tests Item

86 Clause 9.3 : Retesting Item

87 Clause 9.4 : Failure to Pass Tests on Completion Item

A.10 – EMPLOYER’S TAKING OVER

88 Clause 10.1 : Taking over of the Works and Sections Item

89 Clause 10.2 : Taking Over of Parts of the Works Item

90 Clause 10.3 : Interference with Tests on Completion Item

91 Clause 10.4 : Surfaces Requiring Reinstatement Item


A.11 – DEFECTS LIABILITY

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92 Clause 11.1 : Completion of Outstanding work and Remedying Defects Item

93 Clause 11.2 : Cost of Remedying Defects Item

94 Clause 11.3 : Extension of Defects Notification Period Item

95 Clause 11.4 : Failure to Remedy Defects Item

96 Clause 11.5 : Removal of Defective Work Item

97 Clause 11.6 : Further Tests Item

98 Clause 11.7 : Right of Access Item

99 Clause 11.8 : Contractor to Search Item

100 Clause 11.9 : Performance Certificate Item

101 Clause 11.10 : Unfulfilled Obligations Item

102 Clause 11.11 : Clearance of Site Item

A.12 – MEASUREMENT AND EVALUATION

103 Clause 12.1 : Works to be Measured Item

104 Clause 12.2 : Method of Measurement Item

105 Clause 12.3 : Evaluation Item

106 Clause 12.4 : Omissions Item

A.13– VARIATIONS AND ADJUSTMENTS

107 Clause 13.1 : Right to Vary Item

108 Clause 13.2 : Value Engineering Item

109 Clause 13.3 : Variation Procedure Item

110 Clause 13.4 : Payment in Applicable Currencies Item

111 Clause 13.5 : Provisional Sums Item

112 Clause 13.6 : Daywork Item

113 Clause 13.7 : Adjustments for Changes in Legislation Item

114 Clause 13.8 : Adjustment for Changes in Cost Item


A.14– CONTRACT PRICE AND PAYMENT

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115 Clause 14.1 : The Contract Price Item

116 Clause 14.2 : Advance Payment Item

117 Clause 14.3 : Application for interim Payment Certificates Item

118 Clause 14.4 : Schedule of Payments Item

119 Clause 14.5 : Plant and Materials intended for the Works Item

120 Clause 14.6 : Issue of interim Payment Certificates Item

121 Clause 14.7 : Payment Item

122 Clause 14.8 : Delayed Payment Item

123 Clause 14.9 : Payment of Retention Money Item

124 Clause 14.10 : Statement at Completion Item

125 Clause 14.11 : Application for Final Payment Certificate Item

126 Clause 14.12 : Discharge Item

127 Clause 14.13 : Issue of Final Payment Certificate Item

128 Clause 14.14 : Cessation of Employer’s Liability Item

129 Clause 14.15 : Currencies of Payment Item

A.15– TERMINATION BY EMPLOYER

130 Clause 15.1 : Notice to Correct Item

131 Clause 15.2 : Termination by Employer Item

132 Clause 15.3 : Valuation at Date of Termination Item

133 Clause 15.4 : Payment after Termination Item

134 Clause 15.5 : Employer’s Entitlement to Termination Item


A.16– SUSPENSION AND TERMINATION BY CONTRACTOR

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135 Clause 16.1 : Contractor’s Entitlement to Suspend Work Item

136 Clause 16.2 : Termination by Contractor Item

137 Clause 16.3 : Cessation of Work and Removal of Contractor’s Equipment Item

138 Clause 16.4 : Payment on Termination Item

A.17 – RISK AND RESPONSIBILITY

139 Clause 17.1 : Indemnities Item

140 Clause 17.2 : Contractor’s Care of the Works Item

141 Clause 17.3 : Employer’s Risks Item

142 Clause 17.4 : Consequences of Employer’s Risks Item

143 Clause 17.5 : Intellectual and Industrial Property Rights Item

144 Clause 17.6 : Limitation of Liability Item

A.18 – INSURANCE

145 Clause 18.1 : General Requirements for Insurance Item

146 Clause 18.2 : Insurance for Works and Contractor’s Equipment Item

147 Clause 18.3 : Insurance against Injury to Persons and Damage to Property Item

148 Clause 18.4 : Insurance for Contractor’s Personnel Item

A.19 – FORCE MAJEURE

149 Clause 19.1 : Definition of Force Majeure Item

150 Clause 19.2 : Notice of Force Majeure Item

151 Clause 19.3 : Duty to Minimise Delay Item

152 Clause 19.4 : Consequences of Force Majeure Item

153 Clause 19.5 : Force Majeure Affecting Subcontractor Item

154 Clause 19.6 : Optimal Termination, Payment and Release Item

155 Clause 19.7 : Release from Performance under the law Item


A.20– CLAIMS, DISPUTES AND ARBITRATION

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156 Clause 20.1 : Contract’s Claim Item

157 Clause 20.2 : Appointment of the Dispute Adjudication Board Item

158 Clause 20.3 : Failure to Agree to Dispute Adjudication Board Item

159 Clause 20.4 : Obtaining Dispute Adjudication Board’s Decision Item

160 Clause 20.5 : Amicable Settlement Item

161 Clause 20.6 : Arbitration Item

162 Clause 20.7 : Failure to Comply to Dispute Adjudication Board’s Decision Item

163 Clause 20.8 : Expiry of Dispute Adjudication Board’s Appointment Item

SECTION B : MODEL PRELIMINARIES

B.1 – SUPPLEMENTARY DOCUMENTATION

164 B1.1 : Bills of Quantities

These Bills of Quantities have been prepared in accordance with the SixthEdition (Revised) of the Standard System of Measuring Building Work1999 including all amendments and addendum thereto as issued by theAssociation of South African Quantity Surveyors.

Any remeasurement of work required during the contract will be similarlyremeasured in accordance with the above system of measurement.

In addition, the items in these Bills of Quantities are deemed to be readand priced in conjunction with and the descriptions regarded as amplifiedby the Model Preambles for Trades as recommended and published by theAssociation of South African Quantity Surveyors (2008 Edition) and noclaim arising from brevity of description of items fully described in the saidModel Preambles for Trades will be entertained. Item

165 B1.2 : Provisional bills of quantities N/A

166 B1.3 : Availability of construction documentation for contracts based on billsof quantities Item

167 B1.4 : Name of Architect, Quantity Surveyor and other Consultants:

ENGINEER

PDNA Holdings (Pty) Ltd represented by PDNA International25 Scott StreetWaverleySouth Africa2090Telephone No.: +27 11 566 8300Fax No.: +27 11 566 8600


ELECTRICAL AND MECHANICAL ENGINEERs

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CIVIL AND STRUCTURAL ENGINEERS


QUANTITY SURVEYORS


ARCHITECT

Crafford & Crafford Architects Without Boundaries in association withBob Mould Architects (Windhoek)No. 7 – 1

stStreet

Menlo ParkSouth Africa0081Telephone No.: +27 12 362 3992Fax No.: +27 12 362 9025 Item

168 B1.5 : Lodging and scrutiny of priced bills of quantities Item

The attention of the Tenderer is directed to the fact that his original pricedBills of Quantities used for tendering purposes must be completed inblack ink and must be submitted together with the Form of Tender.

The use of correcting fluid and failure to initial every page may result inthe disqualification of the Tender.


169 B1.6: Meaning of words Item

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170 B1.7 : Performance guarantee by the Contractor Item

The full security for the due fulfilment of all obligations under this contractis to remain in force after the 60 (sixty) days after the issue of the PracticalCompletion certificate.

No guarantee containing any clause which allows the financial institutionproviding such guarantee to withdraw from their undertaking before 60(SIXTY) calendar days after the date of issue of the Practical CompletionCertificate by the Engineer nor any guarantee stipulating an expiry date,will be acceptable by the Employer.

Notwithstanding the above, the guarantee will only be returned to thecontractor after receipt of satisfactory proof that the contractor has metall his obligations under any and all selected and nominated sub-contractagreements applicable to this contract.

171 B1.8 : Payment guarantee by Employer N/A

172 B1.79: Waiver of contractor’s lien Item

173 B1.10: Signing powers Item

174 B1.11 : Tenders Item

Notwithstanding anything contained in this clause tenders shall be validfor a period of ninety days (90) from the closing date of tenders

The Employer reserves the right to correct any arithmetical or other errorsin the extension of the rates and totals in the tender and / or to adjust anyrates that are considered by him to be imbalanced and unacceptable. Suchadjustments will be done without affecting the Tender Sum.

Tenderers shall complete all the information requested on the Form ofTender and provide copies of all supporting documentation requested onthe Form of Tender and clause B1.5.

Tenders shall be submitted on all official forms and shall NOT be qualifiedby the Tenderer’s own conditions of tender.In the event of discrepancies in the prices quoted in the Form of Tender, inwords and those quoted in figures, the words shall control.

Tenderes are referred to the Form of Tender for the closing date of theTender.

Failure to comply with these requirements will disqualify the Tender.


175 B1.12 : Inspection of documents Item

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The first two sentences are amended to read as follows:

The project drawings illustrating the scope of the Works and any othersupplementary documentation (including The Conditions of Contract forConstruction for Building and Engineering Works Designed by theEmployer as issued by the Federation Internationale des Ingenieurs-Conseils (FIDIC), First Edition 1999, Model Preliminaries and ModelPreambles for Trades) can be inspected at the offices of the Engineerduring office hours.

Notwithstanding any information supplied on the drawings or in these Billsof Quantities, the Tenderer, as a pre-requisite of submitting a tender, isinstructed to inspect the site and to examine the drawings, contractdocuments, etc. and to make himself thoroughly acquainted with thenature and requirements of the Works / contract before the submission ofhis tender, as no claim whatsoever will be entertained through theTenderer having failed to do so.

B.2 – THE SITE

176 B2.1 : Site and site boundaries Item

The site of the Works is situated at the Ombika Gate area in the EtoshaNational Park, Namibia (see attached site plan layout).

177 B2.2 : Area of the works Item

The area of the works to be occupied by the contractor, any restriction tothe area and the limit of access or exit will be pointed out to the contractorby the engineer on handing over of the site.

Storage space for materials and site management offices shall be locatedby the Engineer.

178 B2.3 : Boundary beacons, setting out pegs and master datum Item

The Contractor shall notify the Engineer if any encroachments of adjoiningfoundations, buildings, structures, pavements, etc. exist, so that the necessaryarrangements can be made for the rectification of such encroachments.

179 B2.4 : Site soil investigation Item

A geotechnical report is available for downloading in PDF format on the“Procurements” page on the Employer’s website www.mcanamibia.organd the Tenderer is also advised, before the submission of his tender, toinspect the site to ascertain the exact nature of the ground as no extra willbe granted due to the Tenderer having failed to comply with the aboveinstruction. Item


180 B2.5 : Viewing of the site Item

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The Tenderer is strongly advised to inspect the site and make himselfthoroughly acquainted with the nature and extent of the works, the site

conditions pertaining to power and water supply, transport facilities,condition of adjacent existing buildings and also access to the site, limitationsand availability of working space, etc. before submitting his tender as noextras arising out of his failure to do so will be entertained. Item

181 B2.6: Existing premises occupied Item

182 B2.7: Dimensional accuracy of work executed under the previous contract Item

183 B2.8 : Patent defects of work executed under the previous contract Item

184 B2.9 : Existing known services Item

Existing services and points of connection are shown on the site plan or willbe pointed out on the site by the Engineer.

185 B2.10 : Unknown services Item

186 B2.11 : Protection of trees, etc.

Natural vegetation on the project site is to be preserved as far as possibleand no trees will be removed or branches cut off without prior writtenconsent of the Engineer.

All existing trees that are not to be removed must be clearly marked withhazard warning tape and adequately protected from damage. Suchprotection and tape is to remain in position until the completion of thecontract or any extension thereof. Item

187 B2.12 : Articles of value Item

188 B2.13 : Inspection of nearby properties etc. Item

B.3 – MANAGEMENT OF CONTRACT

189 B3.1 : Management of works Item

190 B3.2 : Programming of the works Item

The contract shall be programmed by the contractor in accordance withalternative A.

The programme is to be of a format to the approval of the Engineer.


191 B3.3 : Progress meetings

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Progress meetings will be held on the project site once every monthand shall be attended by the Contractor, his site representative, his selectedsub-contractors, Consultants and representatives of the User Ministry and theEmployer.

Should any of the Consultants and / or representatives of the Employer haveto make separate trips to the project site for any reason, which is in theopinion of the Engineer due to the fault of the Contractor, the cost of suchtrips will be at the Contractor’s expense. Item

192 B3.4 : Technical meetings

Technical meetings will be held on the project site once every two weeks andshall be attended by the Contractor, his site representative, his selected sub-contractors, Consultants and representatives of the User Ministry and theEmployer.

Should any of the Consultants and / or representatives of the Employer haveto make separate trips to the project site for any reason, which is in theopinion of the Engineer due to the fault of the Contactor, the cost of suchtrips will be at the Contractor’s expense. Item

B.4 – MATERIALS AND WORKMANSHIP

193 B4.1 : Samples of materials Item

194 B4.2 : Samples of workmanship and mockups Item

195 B4.3 : Ordering of materials

The Contractor will be solely responsible for any delay in the delivery ofMaterials required for the execution and completion of the Works. Item

B.5– TEMPORARY WORKS AND PLANT

196 B5.1 : Deposits and fees Item

197 B5.2 : Enclosure of works Item

198 B5.3 : Pavement crossings and parking meters Item

199 B5.4 : Advertising Item

200 B5.5 : Plant and equipment

Add the following clause:

Materials stored on site for use as formwork and shuttering will be deemedTo be plant and equipment and will not be valued in monthly progressCertificates as “unfixed materials on site” Item


201 B5.6 : Special scaffolding Item

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No special scaffolding is measured, as these Bills of Quantities are based on theStandard System for Measuring Building Work (6

thEdition). (Revised)

All scaffolding required for this contract for the use of the workmen (includingall domestic and selected sub-contractors) shall be provided by the MainContractor.

202 B5.7 : Contractor’s offices and sheds Item

Under NO circumstances may any of the buildings at any stage be used fortemporary accommodation for workers, contractor’s offices or the storageof materials.

203 B5.8 : Offices Item

204 B5.9 : Office of the clerk of works Item

205 B5.10 : Main noticeboard

One main noticeboard per project site, complying with the requirements ofThe Namibia Institute of Architects and described in English, shall be provided.

The lettering shall be to the Engineer’s approval and shall include the crests ofthe relevant professional institutes and associations. Item

206 B5.11 : Sub-contractors’ noticeboard Item

B.6– TEMPORARY SERVICES

207 B6.1 : Water Item

The contractor shall provide water for the works in accordance withalternative A.

Contractors must note that the Employer does not accept anyresponsibility for any additional cost that the Contractor may incur due tofailure or inadequacy of any supply already available on the site.

208 B6.2 : Electricity and lighting Item

The contractor shall provide electricity for the works in accordance withalternative A.

Contractors must note that the Employer does not accept anyresponsibility for any additional cost that the Contractor may incur due tofailure or inadequacy of any supply already available on the site.


209 B6.3 : Telephones

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The Contractor shall install a facsimile machine in the site office in additionto a telephone.

Should the Main Contractor be unable to procure a temporary telephone linefrom Telecom Namibia for the site office, he shall, in areas where cellulartelephone coverage exists, ensure the foreman has a cellular telephone inhis possession for use on the site. Item

210 B6.4 : Toilets Item

The contractor shall provide toilets in accordance with alternative A.

B.7– PRIME COST AND PROVISIONAL SUMS

211 B7.1 : Cash discount Item

All prime cost items and provisional sums are nett and do not include acash discount, nor will the Contractor be allowed or entitled to a cashdiscount.

An item for profit for work executed by specialist sub-contractors isincluded after each Provisional Sum for percentage mark-up pricing by theContractor (if so desired).

Any such percentage mark-up priced by the Contractor on Provisionalsums in this contract, will be used as a basis to determine the final amountfor profit to be paid to the Contractor in direct proportion to the final costof the relevant selected sub-contracts.

212 B7.2 : Taking delivery and fixing of prime cost items Item

213 B7.3 : Nominated or selected sub-contract documents

These sub-contracts shall not be nominated but Selected Sub-Contractsand shall be executed using the Fidic Sub-Contract Agreement as issuedby the Federation Internationale des Ingenieurs-Conseils (FIDIC), FirstEdition 2009

These documents shall be supplied by the Main Contractor at his own cost. Acopy of each signed selected sub-contract document shall be delivered to theEngineer. Item

214 B7.4 : Attendance on nominated or selected sub-contractors

Items for special attendance upon selected sub-contractors have beenmeasured after each Provisional Sum for pricing by the Main Contractor (ifdesired)

Amounts priced for attendance shall remain fixed unless, in the opinion ofthe Engineer, the scope of the sub-contract has been changed substantially. Item


215 B7.5 : Fuel, power and water for commissioning of mechanical and other

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specialised installations Item

B.8– FINANCIAL ASPECTS

216 B8.1 : Sales taxes Item

Delete the whole of this clause and replace with the following:

Provision is made in the separate Bid invitation for inclusion of ValueAdded Tax (VAT)

217 B8.2 : Contract Price Adjustment Provisions N/A

No adjustment in this regard will be made.

218 B8.3 : Payment of preliminaries Item

Payment of preliminaries will be calculated from the priced items withinthe preliminaries in accordance with alternative B.

219 B8.4 : Adjustment of preliminaries Item

The adjustment of preliminaries will be on the basis of fixed price, valuerelated and time related items in accordance with method 2.

The successful Tenderer, shall submit together with his priced Bills ofQuantities written confirmation of a breakdown of each item priced in thePreliminaries bill accordance to the following three categories:

a) Fixed (N$)b) Value Related (N$)c) Time Related (N$)

Failing which Method “1” shall be applicableThe final adjustment of the Preliminaries, for any reason whatsoever, shallbe done at the end of the contract period.

In addition to the exclusions mentioned in the third paragraph of thisclause, it shall be deemed that “day works” be added as a fourth exclusion.

220 B8.5 : Certificate payment projection Item

221 B8.6 : Day works Item

Payment of any work on the basis of day works will only be made,provided that written authorization is obtained from the Engineer priorcommencing with daywork.

Notwithstanding anything contained in this clause, the signature of theEngineer shall not indicate acceptance of quantum, value or method ofvaluation of the work executed thereunder. The quantum of these dayworks and the method of valuation will be decided by the Engineer.

Carried to Collection N$222 B8.7 : Information supplied by contractor

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Should the Main Contractor or any of his domestic or selected sub-contractors execute any of the work which, in his opinion, constitutes avariation to the contract and is not covered in the Bills of Quantities, andhence results in a loss or expense to the Contractor. The onus rests on theContractor to inform the Engineer in writing within one calendar Monthfrom the date on which the work was executed, failing which the executedwork shall be deemed to be at the Contractor’s own expense. Item

B.9– GENERAL

223 B9.1 : Protection Item

224 B9.2 : Protection of existing and / or partially occupied works Item

225 B9.3 : Safety

Delete clause and replace with the following clause:

“The Contractor shall adhere to all necessary requirements regardingMachinery and Occupational Safety, as stipulated in the Labour Act No. 6 of1992, gazetted in Government Gazette No. 1617 as at 1

stAugust 1997.” Item

226 B9.4 : Site security Item

227 B9.5 : Notice before covering work Item

228 B9.6 : Disturbance Item

229 B9.7 : Clearing and cleaning Item

230 B9.8 : Vermin Item

231 B9.9 : Overhand work Item

232 B9.10 : Jobbing Item

SECTION C : SPECIFIC PRELIMINARIES

233 Clause C1.1 : Workmens’s Compensation Insurance

The Contractor and Selected Sub-Contactors shall insure workmen interms of the Workmen’s Compensation Act of 1941 and shall depositimmediately with the Engineer written confirmation of evidence ofregistration under the Workmen’s Compensation Act when signing theContract.

Persons not falling under the above-mentioned Act must be insured underAccident Insurance to the satisfaction of the Engineer. Item


234 Clause C1.2 : Non cession of monies

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The Contractor shall not cede or assign his rights or claims to any moniesdue or to become due under this contract, as no cession or assignment willbe recognised by the Employer. Item

235 Clause C1.3 : Site Instructions

Site instructions issued by any of the Consultants on site are to berecorded in triplicate in a site instruction book which is to be maintainedon site by the Contractor.

It shall be the Main Contractor’s responsibility to ensure that any verbalInstructions given on the site are recoded in the site instruction book andSigned by the Engineer. Item

236 Clause C1.4 : Employment of Namibian People

No employee of the Contractor originating from any other country shallenter Namibian territory without a work permit and a residence permit,obtainable from the Ministry of Home Affairs.

It is an explicit condition of this Contract that no unskilled or semi-skilledlabour may be employed on the works unless he or she is a Namibiancitizen.

It is a further condition that a minimum of 30% skilled labour employed onthe works, shall be Namibian citizens.

Where a Tenderer’s labour component consists of more than 30% or up to100% Namibian citizens, the requirement stipulated below still applies.

“The Tenderer is encouraged to employ Namibian citizens for skilled andsemi-skilled artisans and employ unskilled labour from the areas ofintervention."

“All Namibian skilled artisan and unskilled employees are to beregistered in accordance with the Social Security Act of 1994 (Act No. 34of 1994) and the Tenderer must submit Certificates of good standingfrom the Social Security Commission, which are obtainable from theCommission’s offices. Item

237 Clause C1.5 : As built drawings (structural concrete)

The position of construction joints and the extent of individual concretepours are to be recorded by the Contractor on the Structural Engineer’sdrawings and are to be submitted to the Engineer and the StructuralEngineer for their records. Item


238 Clause C1.6 : As built drawings (plumbing and drainage)

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The Contractor is to allow for one set of plumbing and drainage drawings“marked up” by the sub-contractor to indicate for internal and externalinstallations as executed on the project site ,to facilitate the preparation ofthe “as built” drawings to be and submitted by the Engineer to the UserMinistry. Item

239 Clause C1.7 : Specific Products

The Contractor is advised that his rates must be based on specific productsor items as described in these Bills of Quantities. He may only deviate fromthe designated product or item to another product or item after writtenconsent has been obtained from the Engineer, and only after theContract has been awarded to the successful Tenderer.

Where applicable, the cost of such substitution with another product oritems shall be adjusted by the Engineer in the final account for this project.

The Contractor shall take delivery of, handle, store, use, apply and / or fixall proprietary branded products or items in strict accordance with themanufacturer’s instructions after consultation with the manufacturer’sauthorised representative.

Where no specific product or item is specified, but a product or item isreferred to as “approved:, the Contractor shall obtain written approvalfrom the Engineer for the product or item, he intends to use in the Works,prior to ordering such products / items or using such products / items in theWorks. Item

240 Clause C1.8 : Proprietary branded products

The Contractor shall take delivery of, handle, store, use, apply and / or fixall proprietary branded products in strict accordance with themanufacturer’s instructions after consultation with the manufacturer’sauthorised representative. Item

241 Clause C1.9 : Labour record

At the end of each week the Contractor shall provide the Engineer with awritten record, in schedule form, reflecting the number, description andcitizenship of tradesmen and labourers employed by him and all sub-contractors on the works each day. Item

242 Clause C1.10 : Plant record

At the end of each week the Contractor shall provide the Engineer with awritten record, in schedule form, reflecting the number, type and capacityof all plant, excluding hand tools, currently used on the works. Item


243 Clause C1.11 : Guarantee

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Where guarantees are called for, the Contractor shall obtain a writtenguarantee, addressed to the Employer, from the firm supplying thematerials and / or doing the work and shall deliver same to the Engineerupon the certified final completion of the contract.

The guarantee shall state that the materials, workmanship and installationare guaranteed for a specified period from the date of certified finalcompletion of the contract and that any defects that may arise during thespecified period shall be made good at the expense of the firm supplyingthe materials and doing the work, upon written notice of Engineer to do so. Item

244 Clause C1.12 : Registration of Firm as a Company and a Namibian Tax Payer

The Tenderer must provide proof that he is registered as a Namibian TaxPayer. A copy of form 6-0/0020 or an original document ofcorrespondence with the Ministry of Finance proving registration as aNamibian Tax Payer must be attached.

The Tenderer must provide a copy of the firm’s registration form, (Ministryof Trade and Industry) containing names of responsible person(s) listed atregistration. Item

245 Clause C1.13 : Open Fires

No open fires will be permitted, except in such places as are approved bythe Engineer. Any workmen lighting fires in unauthorised places are to beimmediately dismissed. Item

246 Clause C1.14 : Alternative Temporary access, etc. to site where necessary

The Contractor shall allow here for any alternative temporary access tothe site, including taking out and replacing fencing and gates, boundarywalls, etc. if necessary to facilitate access to the project site, includingobtaining the necessary permission and / or permits from the relevantauthorities or neighbours, as well as the removal of such access upon thecompletion and making good all to match existing and leaving the siteclean and in a perfect condition. Item

247 Clause C1.15 : Final Account

The Contractors attention is drawn to the fact that the various foundation,plumbing and drainage and external works items, as well as items marked“Provisional” in these Bills of Quantities are subject to variation and willbe re-measured and adjusted at the rates submitted in the tender Bills ofQuantities during the preparation of the Final Account.

Should the Contractor not endeavour to finalise the Final Account for thiscontract with the Engineer within 3 (THREE) calendar months after receiptof same, the final account sum as reflected in the Engineer’s Final Accountwill be taken to be the final cost of the project and no further negotiationswill be entertained by the Employer or the Engineer. Item


248 Clause C1.16 : Testing and Handing over Specialist Installations

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i) The Contractor shall satisfy himself that the installation is inaccordance with the specifications and any variations that havebeen issued, before requesting the Engineer to inspect the works.

ii) The Contractor shall at his own expense provide all testingequipment and materials for carrying out the tests.

iii) Prior to inspection the Contractor shall furnish the Engineer with allwiring maintenance manuals, operation methods of procedure,circuit drawings, etc.

iv) At the taking over inspection, the Contractor will be issued with acertificate stating all defects of the installation or part thereof atthat time.

v) A “Taking over Certificate” will be issued once all defects (asmentioned in (iv) above) have been rectified.

vi) Only on issue of the “Taking over Certificate” will retention bereduced, the contract surety released and the guarantee andmaintenance period will commence from that date. Item

249 Clause C1.17 : Drawings and dimensions

All drawings, wherever their origin, are to be issued to the project site, orto any other person(s) only through the office of the Engineer, bearing theEngineer’s office stamp.

The Contractor shall keep a date register of all drawings issued at theproject site at all times.

Any drawings not issued through the Engineer to the project site, will beused at the Contractor’s own risk and should any work be incorrect due tothe use of unauthorised drawings, any rectification of work done inaccordance with unauthorised drawings, shall be at the expense of theContractor.

All drawings used on site must be properly mounted on suitable sheetmaterial, or otherwise protected to the approval of the Engineer, andkept in good condition. Any drawings that become bleached orunreadable, must be returned to the Engineer for replacement. Anyrectification of work done in accordance with unreadable drawings, shallbe at the expense of the Contractor. Item


250 Clause C1.18 : Blasting

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The Contractor shall take all responsibility during blasting operations,should any be necessary, and must observe all conditions as set for and inthe Government and Local Authority Regulations. The use of explosives isleft to the discretion of the Contractor who must indemnify the Employeragainst any claims for damages to persons or property on or near theproject site, from any cause whatsoever arising out of the use ofexplosives.

The Contractor will be held responsible for and must immediately makegood, at his own expense, any damage that may occur through the use ofexplosives. Item

251 Clause C1.19 : Revenue Stamps

The Contractor must allow for any necessary revenue stamps required inconnection with The Conditions of Contract for Construction for Buildingand Engineering Works Designed by the Employer as issued by theFederation Internationale des Ingenieurs-Conseils (FIDIC), First Edition1999 and Guarantee in accordance with the Stamp Duty Act 1911 or anyamendment thereto. Item

252 Clause C1.20 : Earned Value Management

Within 28 days signing the contract, the Contractor shall submit a revisedProgram of Works to the Engineer for his acceptance.The Program of Works shall be in bar chart format and shall indicate themajor work components (including design and procurement) and the mainsub-activities. The program shall have a unit of time of one month (withpart months indicated), unless the Engineer indicates otherwise.The program (or, if necessary, a secondary program Similarly constructed)shall clearly indicate the various work teams by discipline, includingspecialist sub-contracts and suppliers, as well as the Contractor's majorplant requirements, in order to demonstrate sequencing and non-conflictof resources.The Engineer may request summary versions of the program, or additionaldetail for critical sections. The Contractor shall comply with all suchrequests.

Once a Work Program has been accepted by the Engineer it shall remainas the current version until such time as the Engineer instructs theContractor to update the program. The Contractor shall not modify hisprogram without such instruction from the Engineer. Specifically, theContractor's progress reports shall relate to the current program, and anyindicated.


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The exact format of the Work Program shall be to the approval of theEngineer, but shall comprise the minimum of a detailed, resource and costloaded schedule for the work, using Prima Vera (P6 enterprise) or a similarapproved software system. This schedule, to be finalised and agreedbetween Employer and Contractor, will be used to measure Earned Valueto enable the Contractor and Employer to monitor the progress of theproject in terms of integrated cost, schedule and technical performancemeasures. In order for Earned Value to be implemented, the Contractor willprovide a system that can accurately and demonstrably measure thefollowing three fundamental factors:

i. The PLANNED VALUE COST also known as the Budgeted Cost of WorkScheduled (BCWS). This is the amount of expenditure the Employeranticipated he would have spent at time of reporting.

ii. The ACTUAL COST of the progress made, known as the Actual Cost ofWork Performed (ACWP). This is the actual amount of expenditure theEmployer incurs at time of reporting.

iii. The EARNED VALUE, known as the Budgeted Cost of Work Performed.This is the percentage complete

Refer to attachment 1b. Item


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Section No. 1

Bill No. 1

PRELIMINARIES

COLLECTION

Page No Amount

Total Brought Forward from Page No. 1/1

1/2

1/3

1/4

1/5

1/6

1/7

1/8

1/9

1/10

1/11

1/12

1/13

1/14

1/15

1/16

1/17

1/18

1/19

1/20

1/21

1/22

1/23

1/25

Carried to Final Summary N$