BILL NO. 1 PRELIMINARIES. Item Quantity Rate Amount No. NOTES:

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1 BILL NO. 1 Quantity Rate Amount No. NOTES: i) The Conditions of Contract for Construction for Building and Engineering Works Designed by the Employer as issued by the Federation internationale des Ingenieurs-Conseils (FIDIC), First Edition 1999, shall be the applicable contract for the execution of the Works. ii) The Model Preliminaries as recommended and published by the Association of South African Quantity Surveyors, 1988 edition shall be deemed to be incorporated herein. All references to the "Architect" in The Model Preliminaries shall be deemed to be the "Engineer" for the purposes of this contract. In addition, the items in these Bills of Quantities are deemed to be read and priced in conjunction with and the descriptions regarded as amplified by the Model Preambles for Trades, as recommended and published by the Association of South African Quantity Surveyors (2008 Edition). Supplementary Preambles as well as Project Specifications attached to this Tender document, amending/supplementing standard clauses in the Model Preambles for Trades with regard to items of a general nature and/or specific materials and/or modes of procedure are incorporated in these Bills of Quantities to fulfil the requirements of these building works. No claim arising from brevity of description of items fully described in the said Model Preambles for Trades and/or Supplementary Preambles and/or Project. iii) Tenderers are referred to the abovementioned documents for the full intent and meaning of each clause thereof (hereinafter referred to by heading and clause number only) for which such allowance must be made as may be considered necessary. All references in the above mentioned documents and this Preliminaries Bill to "Architect"/"Principal Agent" are deemed to be references to "The Engineer" iv) Where standard clauses or alternatives are not applicable to this contract such modifications, corrections or supplements as will apply are given under each relevant clause heading. Section No. 1 1/1

2 v) Where N/A appears opposite any clause, such clause as detailed in the standard documents referred to is NOT APPLICABLE to this contract. The following documents will form the basis of the Tender and Contract:- 1. The Conditions of Contract for Construction for Building and Engineering Works Designed by the Employer as issued by the Federation Internationale 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 supplementary Project Specifications (where applicable) The Contractor is advised to examine the above documents and make himself thoroughly acquainted with the nature and requirements of the work, as no claim for extra payment in this connection will afterwards be entertained. Should any parts of the documents or drawings not be clearly intelligible to the Contractor, he must, before submitting his tender obtain clarification from the Engineer. SECTION A : CONDITIONS OF CONTRACT FOR CONSTRUCTION FOR BUILDING AND ENGINEERING WORKS DESIGNED BY THE EMPLOYER A.1 - GENERAL PROVISIONS 1 Clause 1.1 : Definitions 2 Clause 1.2 : Interpretation 3 Clause 1.3 : Communications 4 Clause 1.4 : Law and Language The language to be used in all matters pertaining to this contract shall be in English. The law of the Republic of Namibia shall be applicable to this Contract. 5 Clause 1.5 : Priority of Documents 6 Clause 1.6 : Contract Agreement 7 Clause 1.7 : Assignment 8 Clause 1.8 : Care and Supply of Documents Section No. 1 1/2

3 9 Clause 1.9 : Delayed Drawings or Instructions 10 Clause 1.10 : Employer s Use of Contractor s Documents 11 Clause 1.11 : Contractor s Use of Employer s Documents 12 Clause 1.12 : Confidential Details 13 Clause 1.13 : Compliance with Laws i) Contractor to comply with the Namibia Environmental Management Act No. 7 of years 2007 as well as the Environmental Assessment Policy of year 1995 by implementing the Environmental Management Plans (EMP) documented separately as part of this contract. ii) Contractor to comply with the Namibia Public Health and Safety Management Policy under Act No. 11 of year 2007 by implementing the Public Health and Safety Awareness Plan (PHSAP) documented separately as part of this contract. 14 Clause 1.14 : Joint and Several Liability A.2 - THE EMPLOYER 15 Clause 2.1 : Right of Access to the Site 16 Clause 2.2 : Permits, Licences or Approvals 17 Clause 2.3 : Employer s Personnel 18 Clause 2.4 : Employer s Financial Arrangement 19 Clause 2.5 : Employer s Claims A.3 - THE ENGINEER The Engineer shall be deemed for the purposes of this contract, to be the Principal Agent, Architect or any other person appointed by the Employer to fulfil such duties. 20 Clause 3.1 : Engineer s Duties and Authority 21 Clause 3.2 : Delegation by the Engineer 22 Clause 3.3 : Instructions of the Engineer 23 Clause 3.4 : Replacement of the Engineer 24 Clause 3.5 : Determinations A.4 - THE CONTRACTOR Section No. 1 1/3

4 25 Clause 4.1 : Contractor s General Obligations 26 Clause 4.2 : Performance Security 27 Clause 4.3 : Contractor s Representative 28 Clause 4.4 : Sub-Contractors 29 Clause 4.5 : Assignment of Benefit of Sub-contract 30 Clause 4.6 : Co-operation 31 Clause 4.7 : Setting out 32 Clause 4.8 : Safety Procedures 33 Clause 4.9 : Quality Assurance 34 Clause 4.10 : Site Data 35 Clause 4.11 : Sufficiency of accepted Contract Amount 36 Clause 4.12 : Unforeseeable Physical Conditions 37 Clause 4.13 : Right of Way and Facilities 38 Clause 4.14 : Avoidance of Interference 39 Clause 4.15 : Access Route 40 Clause 4.16 : Transport of Goods 41 Clause 4.17 : Contractor s Equipment 42 Clause 4.18 : Protection of the Environment 43 Clause 4.19 : Electricity, Water and Gas 44 Clause 4.20 : Employer s Equipment and Free-issue Material 45 Clause 4.21 : Progress Reports 46 Clause 4.22 : Security of the Site 47 Clause 4.23 : Contractor s Operations on Site 48 Clause 4.24 : Fossils A.5 - NOMINATED SUB-CONTRACTORS Section No. 1 1/4

5 49 Clause 5.1: Definition of nominated Sub-Contractor 50 Clause 5.2 : Objection to Nomination 51 Clause 5.3 : Payments to nominated Sub-Contractors 52 Clause 5.4 : Evidence of Payments A.6 - STAFF AND LABOUR 53 Clause 6.1 : Engagement of Staff and Labour 54 Clause 6.2 : Rates of Wages and Conditions of Labour 55 Clause 6.3 : Persons in the Service of the Employer 56 Clause 6.4 : Labour Laws 57 Clause 6.5 : Working Hours 58 Clause 6.6 : Facilities for Staff and Labour 59 Clause 6.7 : Health and Safety 60 Clause 6.8 : Contractor s Superintendence 61 Clause 6.9 : Contractor s Personnel 62 Clause 6.10 : Records of Contractor s Personnel and Equipment 63 Clause 6.11 : Disorderly Conduct A.7 PLANT, MATERIALS AND WORKMANSHIP 64 Clause 7.1 : Manner of Execution 65 Clause 7.2 : Samples 66 Clause 7.3 : Inspection 67 Clause 7.4 : Testing 68 Clause 7.5 : Rejection 69 Clause 7.6 : Remedial work 70 Clause 7.7 : Ownership of Plant and Materials 71 Clause 7.8 : Royalties A.8 COMMENCEMENT, DELAYS AND SUSPENSION Section No. 1 1/5

6 72 Clause 8.1 : Commencement of Works 73 Clause 8.2 : Time for Completion 74 Clause 8.3 : Programme 75 Clause 8.4 : Extension of Time for Completion 76 Clause 8.5 : Delays Caused by Authorities 77 Clause 8.6 : Rate of Progress 78 Clause 8.7 : Delay Damages 79 Clause 8.8 : Suspension of Work 80 Clause 8.9 : Consequences of Suspension 81 Clause 8.10 : Payment for Plant and Materials in Event of Suspension 82 Clause 8.11 : Prolonged Suspension 83 Clause 8.12 : Resumption Work A.9 TESTS ON COMPLETION 84 Clause 9.1 : Contractor s Obligation 85 Clause 9.2 : Delayed Tests 86 Clause 9.3 : Retesting 87 Clause 9.4 : Failure to Pass Tests on Completion A.10 EMPLOYER S TAKING OVER 88 Clause 10.1 : Taking over of the Works and Sections 89 Clause 10.2 : Taking Over of Parts of the Works 90 Clause 10.3 : Interference with Tests on Completion 91 Clause 10.4 : Surfaces Requiring Reinstatement A.11 DEFECTS LIABILITY Section No. 1 1/6

7 92 Clause 11.1 : Completion of Outstanding work and Remedying Defects 93 Clause 11.2 : Cost of Remedying Defects 94 Clause 11.3 : Extension of Defects Notification Period 95 Clause 11.4 : Failure to Remedy Defects 96 Clause 11.5 : Removal of Defective Work 97 Clause 11.6 : Further Tests 98 Clause 11.7 : Right of Access 99 Clause 11.8 : Contractor to Search 100 Clause 11.9 : Performance Certificate 101 Clause : Unfulfilled Obligations 102 Clause : Clearance of Site A.12 MEASUREMENT AND EVALUATION 103 Clause 12.1 : Works to be Measured 104 Clause 12.2 : Method of Measurement 105 Clause 12.3 : Evaluation 106 Clause 12.4 : Omissions A.13 VARIATIONS AND ADJUSTMENTS 107 Clause 13.1 : Right to Vary 108 Clause 13.2 : Value Engineering 109 Clause 13.3 : Variation Procedure 110 Clause 13.4 : Payment in Applicable Currencies 111 Clause 13.5 : Provisional Sums 112 Clause 13.6 : Daywork 113 Clause 13.7 : Adjustments for Changes in Legislation 114 Clause 13.8 : Adjustment for Changes in Cost A.14 CONTRACT PRICE AND PAYMENT Section No. 1 1/7

8 115 Clause 14.1 : The Contract Price 116 Clause 14.2 : Advance Payment 117 Clause 14.3 : Application for interim Payment Certificates 118 Clause 14.4 : Schedule of Payments 119 Clause 14.5 : Plant and Materials intended for the Works 120 Clause 14.6 : Issue of interim Payment Certificates 121 Clause 14.7 : Payment 122 Clause 14.8 : Delayed Payment 123 Clause 14.9 : Payment of Retention Money 124 Clause : Statement at Completion 125 Clause : Application for Final Payment Certificate 126 Clause : Discharge 127 Clause : Issue of Final Payment Certificate 128 Clause : Cessation of Employer s Liability 129 Clause : Currencies of Payment A.15 TERMINATION BY EMPLOYER 130 Clause 15.1 : Notice to Correct 131 Clause 15.2 : Termination by Employer 132 Clause 15.3 : Valuation at Date of Termination 133 Clause 15.4 : Payment after Termination 134 Clause 15.5 : Employer s Entitlement to Termination A.16 SUSPENSION AND TERMINATION BY CONTRACTOR Section No. 1 1/8

9 135 Clause 16.1 : Contractor s Entitlement to Suspend Work 136 Clause 16.2 : Termination by Contractor 137 Clause 16.3 : Cessation of Work and Removal of Contractor s Equipment 138 Clause 16.4 : Payment on Termination A.17 RISK AND RESPONSIBILITY 139 Clause 17.1 : Indemnities 140 Clause 17.2 : Contractor s Care of the Works 141 Clause 17.3 : Employer s Risks 142 Clause 17.4 : Consequences of Employer s Risks 143 Clause 17.5 : Intellectual and Industrial Property Rights 144 Clause 17.6 : Limitation of Liability A.18 INSURANCE 145 Clause 18.1 : General Requirements for Insurance 146 Clause 18.2 : Insurance for Works and Contractor s Equipment 147 Clause 18.3 : Insurance against Injury to Persons and Damage to Property 148 Clause 18.4 : Insurance for Contractor s Personnel A.19 FORCE MAJEURE 149 Clause 19.1 : Definition of Force Majeure 150 Clause 19.2 : Notice of Force Majeure 151 Clause 19.3 : Duty to Minimise Delay 152 Clause 19.4 : Consequences of Force Majeure 153 Clause 19.5 : Force Majeure Affecting Subcontractor 154 Clause 19.6 : Optimal Termination, Payment and Release 155 Clause 19.7 : Release from Performance under the law A.20 CLAIMS, DISPUTES AND ARBITRATION Section No. 1 1/9

10 156 Clause 20.1 : Contract s Claim 157 Clause 20.2 : Appointment of the Dispute Adjudication Board 158 Clause 20.3 : Failure to Agree to Dispute Adjudication Board 159 Clause 20.4 : Obtaining Dispute Adjudication Board s Decision 160 Clause 20.5 : Amicable Settlement 161 Clause 20.6 : Arbitration 162 Clause 20.7 : Failure to Comply to Dispute Adjudication Board s Decision 163 Clause 20.8 : Expiry of Dispute Adjudication Board s Appointment SECTION B : MODEL B.1 SUPPLEMENTARY DOCUMENTATION 164 B1.1 : Bills of Quantities These Bills of Quantities have been prepared in accordance with the Sixth Edition (Revised) of the Standard System of Measuring Building Work 1999 including all amendments and addendum thereto as issued by the Association of South African Quantity Surveyors. Any remeasurement of work required during the contract will be similarly remeasured in accordance with the above system of measurement. In addition, the items in these Bills of Quantities are deemed to be read and priced in conjunction with and the descriptions regarded as amplified by the Model Preambles for Trades as recommended and published by the Association of South African Quantity Surveyors (2008 Edition) and no claim arising from brevity of description of items fully described in the said Model Preambles for Trades will be entertained. 165 B1.2 : Provisional bills of quantities N/A 166 B1.3 : Availability of construction documentation for contracts based on bills of quantities 167 B1.4 : Name of Architect, Quantity Surveyor and other Consultants: ENGINEER PDNA Holdings (Pty) Ltd represented by PDNA International 25 Scott Street Waverley South Africa 2090 Telephone No.: Fax No.: ELECTRICAL AND MECHANICAL ENGINEERs Section No. 1 1/10

11 PDNA Holdings (Pty) Ltd represented by PDNA International 25 Scott Street Waverley South Africa 2090 Telephone No.: Fax No.: CIVIL AND STRUCTURAL ENGINEERS PDNA Holdings (Pty) Ltd represented by PDNA International 25 Scott Street Waverley South Africa 2090 Telephone No.: Fax No.: QUANTITY SURVEYORS PDNA Holdings (Pty) Ltd represented by PDNA International 25 Scott Street Waverley South Africa 2090 Telephone No.: Fax No.: ARCHITECT Crafford & Crafford Architects Without Boundaries in association with Bob Mould Architects (Windhoek) No. 7 1 st Street Menlo Park South Africa 0081 Telephone No.: Fax No.: B1.5 : Lodging and scrutiny of priced bills of quantities The attention of the Tenderer is directed to the fact that his original priced Bills of Quantities used for tendering purposes must be completed in black ink and must be submitted together with the Form of Tender. The use of correcting fluid and failure to initial every page may result in the disqualification of the Tender. 169 B1.6: Meaning of words Section No. 1 1/11

12 170 B1.7 : Performance guarantee by the Contractor The full security for the due fulfilment of all obligations under this contract is to remain in force after the 60 (sixty) days after the issue of the Practical Completion certificate. No guarantee containing any clause which allows the financial institution providing such guarantee to withdraw from their undertaking before 60 (SIXTY) calendar days after the date of issue of the Practical Completion Certificate 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 the contractor after receipt of satisfactory proof that the contractor has met all his obligations under any and all selected and nominated sub-contract agreements applicable to this contract. 171 B1.8 : Payment guarantee by Employer N/A 172 B1.79: Waiver of contractor s lien 173 B1.10: Signing powers 174 B1.11 : Tenders Notwithstanding anything contained in this clause tenders shall be valid for a period of ninety days (90) from the closing date of tenders The Employer reserves the right to correct any arithmetical or other errors in the extension of the rates and totals in the tender and / or to adjust any rates that are considered by him to be imbalanced and unacceptable. Such adjustments will be done without affecting the Tender Sum. Tenderers shall complete all the information requested on the Form of Tender and provide copies of all supporting documentation requested on the Form of Tender and clause B1.5. Tenders shall be submitted on all official forms and shall NOT be qualified by the Tenderer s own conditions of tender. In the event of discrepancies in the prices quoted in the Form of Tender, in words and those quoted in figures, the words shall control. Tenderes are referred to the Form of Tender for the closing date of the Tender. Failure to comply with these requirements will disqualify the Tender. 175 B1.12 : Inspection of documents Section No. 1 1/12

13 The first two sentences are amended to read as follows: The project drawings illustrating the scope of the Works and any other supplementary documentation (including The Conditions of Contract for Construction for Building and Engineering Works Designed by the Employer as issued by the Federation Internationale des Ingenieurs- Conseils (FIDIC), First Edition 1999, Model Preliminaries and Model Preambles for Trades) can be inspected at the offices of the Engineer during office hours. Notwithstanding any information supplied on the drawings or in these Bills of Quantities, the Tenderer, as a pre-requisite of submitting a tender, is instructed to inspect the site and to examine the drawings, contract documents, etc. and to make himself thoroughly acquainted with the nature and requirements of the Works / contract before the submission of his tender, as no claim whatsoever will be entertained through the Tenderer having failed to do so. B.2 THE SITE 176 B2.1 : Site and site boundaries The site of the Works is situated at the Ombika Gate area in the Etosha National Park, Namibia (see attached site plan layout). 177 B2.2 : Area of the works The area of the works to be occupied by the contractor, any restriction to the area and the limit of access or exit will be pointed out to the contractor by the engineer on handing over of the site. Storage space for materials and site management offices shall be located by the Engineer. 178 B2.3 : Boundary beacons, setting out pegs and master datum The Contractor shall notify the Engineer if any encroachments of adjoining foundations, buildings, structures, pavements, etc. exist, so that the necessary arrangements can be made for the rectification of such encroachments. 179 B2.4 : Site soil investigation A geotechnical report is available for downloading in PDF format on the Procurements page on the Employer s website and the Tenderer is also advised, before the submission of his tender, to inspect the site to ascertain the exact nature of the ground as no extra will be granted due to the Tenderer having failed to comply with the above instruction. 180 B2.5 : Viewing of the site Section No. 1 1/13

14 The Tenderer is strongly advised to inspect the site and make himself thoroughly 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, limitations and availability of working space, etc. before submitting his tender as no extras arising out of his failure to do so will be entertained. 181 B2.6: Existing premises occupied 182 B2.7: Dimensional accuracy of work executed under the previous contract 183 B2.8 : Patent defects of work executed under the previous contract 184 B2.9 : Existing known services Existing services and points of connection are shown on the site plan or will be pointed out on the site by the Engineer. 185 B2.10 : Unknown services 186 B2.11 : Protection of trees, etc. Natural vegetation on the project site is to be preserved as far as possible and no trees will be removed or branches cut off without prior written consent of the Engineer. All existing trees that are not to be removed must be clearly marked with hazard warning tape and adequately protected from damage. Such protection and tape is to remain in position until the completion of the contract or any extension thereof. 187 B2.12 : Articles of value 188 B2.13 : Inspection of nearby properties etc. B.3 MANAGEMENT OF CONTRACT 189 B3.1 : Management of works 190 B3.2 : Programming of the works The contract shall be programmed by the contractor in accordance with alternative A. The programme is to be of a format to the approval of the Engineer. 191 B3.3 : Progress meetings Section No. 1 1/14

15 Progress meetings will be held on the project site once every month and shall be attended by the Contractor, his site representative, his selected sub-contractors, Consultants and representatives of the User Ministry and the Employer. Should any of the Consultants and / or representatives of the Employer have to make separate trips to the project site for any reason, which is in the opinion of the Engineer due to the fault of the Contractor, the cost of such trips will be at the Contractor s expense. 192 B3.4 : Technical meetings Technical meetings will be held on the project site once every two weeks and shall be attended by the Contractor, his site representative, his selected subcontractors, Consultants and representatives of the User Ministry and the Employer. Should any of the Consultants and / or representatives of the Employer have to make separate trips to the project site for any reason, which is in the opinion of the Engineer due to the fault of the Contactor, the cost of such trips will be at the Contractor s expense. B.4 MATERIALS AND WORKMANSHIP 193 B4.1 : Samples of materials 194 B4.2 : Samples of workmanship and mockups 195 B4.3 : Ordering of materials The Contractor will be solely responsible for any delay in the delivery of Materials required for the execution and completion of the Works. B.5 TEMPORARY WORKS AND PLANT 196 B5.1 : Deposits and fees 197 B5.2 : Enclosure of works 198 B5.3 : Pavement crossings and parking meters 199 B5.4 : Advertising 200 B5.5 : Plant and equipment Add the following clause: Materials stored on site for use as formwork and shuttering will be deemed To be plant and equipment and will not be valued in monthly progress Certificates as unfixed materials on site 201 B5.6 : Special scaffolding Section No. 1 1/15

16 No special scaffolding is measured, as these Bills of Quantities are based on the Standard System for Measuring Building Work (6 th Edition). (Revised) All scaffolding required for this contract for the use of the workmen (including all domestic and selected sub-contractors) shall be provided by the Main Contractor. 202 B5.7 : Contractor s offices and sheds Under NO circumstances may any of the buildings at any stage be used for temporary accommodation for workers, contractor s offices or the storage of materials. 203 B5.8 : Offices 204 B5.9 : Office of the clerk of works 205 B5.10 : Main noticeboard One main noticeboard per project site, complying with the requirements of The 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 of the relevant professional institutes and associations. 206 B5.11 : Sub-contractors noticeboard B.6 TEMPORARY SERVICES 207 B6.1 : Water The contractor shall provide water for the works in accordance with alternative A. Contractors must note that the Employer does not accept any responsibility for any additional cost that the Contractor may incur due to failure or inadequacy of any supply already available on the site. 208 B6.2 : Electricity and lighting The contractor shall provide electricity for the works in accordance with alternative A. Contractors must note that the Employer does not accept any responsibility for any additional cost that the Contractor may incur due to failure or inadequacy of any supply already available on the site. 209 B6.3 : Telephones Section No. 1 1/16

17 The Contractor shall install a facsimile machine in the site office in addition to a telephone. Should the Main Contractor be unable to procure a temporary telephone line from Telecom Namibia for the site office, he shall, in areas where cellular telephone coverage exists, ensure the foreman has a cellular telephone in his possession for use on the site. 210 B6.4 : Toilets The contractor shall provide toilets in accordance with alternative A. B.7 PRIME COST AND PROVISIONAL SUMS 211 B7.1 : Cash discount All prime cost items and provisional sums are nett and do not include a cash discount, nor will the Contractor be allowed or entitled to a cash discount. An item for profit for work executed by specialist sub-contractors is included after each Provisional Sum for percentage mark-up pricing by the Contractor (if so desired). Any such percentage mark-up priced by the Contractor on Provisional sums in this contract, will be used as a basis to determine the final amount for profit to be paid to the Contractor in direct proportion to the final cost of the relevant selected sub-contracts. 212 B7.2 : Taking delivery and fixing of prime cost items 213 B7.3 : Nominated or selected sub-contract documents These sub-contracts shall not be nominated but Selected Sub-Contracts and shall be executed using the Fidic Sub-Contract Agreement as issued by the Federation Internationale des Ingenieurs-Conseils (FIDIC), First Edition 2009 These documents shall be supplied by the Main Contractor at his own cost. A copy of each signed selected sub-contract document shall be delivered to the Engineer. 214 B7.4 : Attendance on nominated or selected sub-contractors s for special attendance upon selected sub-contractors have been measured after each Provisional Sum for pricing by the Main Contractor (if desired) Amounts priced for attendance shall remain fixed unless, in the opinion of the Engineer, the scope of the sub-contract has been changed substantially. 215 B7.5 : Fuel, power and water for commissioning of mechanical and other Section No. 1 1/17

18 specialised installations B.8 FINANCIAL ASPECTS 216 B8.1 : Sales taxes Delete the whole of this clause and replace with the following: Provision is made in the separate Bid invitation for inclusion of Value Added 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 Payment of preliminaries will be calculated from the priced items within the preliminaries in accordance with alternative B. 219 B8.4 : Adjustment of preliminaries The adjustment of preliminaries will be on the basis of fixed price, value related and time related items in accordance with method 2. The successful Tenderer, shall submit together with his priced Bills of Quantities written confirmation of a breakdown of each item priced in the Preliminaries bill accordance to the following three categories: a) Fixed (N$) b) Value Related (N$) c) Time Related (N$) Failing which Method 1 shall be applicable The final adjustment of the Preliminaries, for any reason whatsoever, shall be done at the end of the contract period. In addition to the exclusions mentioned in the third paragraph of this clause, it shall be deemed that day works be added as a fourth exclusion. 220 B8.5 : Certificate payment projection 221 B8.6 : Day works Payment of any work on the basis of day works will only be made, provided that written authorization is obtained from the Engineer prior commencing with daywork. Notwithstanding anything contained in this clause, the signature of the Engineer shall not indicate acceptance of quantum, value or method of valuation of the work executed thereunder. The quantum of these day works and the method of valuation will be decided by the Engineer. 222 B8.7 : Information supplied by contractor Section No. 1 1/18

19 Should the Main Contractor or any of his domestic or selected subcontractors execute any of the work which, in his opinion, constitutes a variation to the contract and is not covered in the Bills of Quantities, and hence results in a loss or expense to the Contractor. The onus rests on the Contractor to inform the Engineer in writing within one calendar Month from the date on which the work was executed, failing which the executed work shall be deemed to be at the Contractor s own expense. B.9 GENERAL 223 B9.1 : Protection 224 B9.2 : Protection of existing and / or partially occupied works 225 B9.3 : Safety Delete clause and replace with the following clause: The Contractor shall adhere to all necessary requirements regarding Machinery and Occupational Safety, as stipulated in the Labour Act No. 6 of 1992, gazetted in Government Gazette No as at 1 st August B9.4 : Site security 227 B9.5 : Notice before covering work 228 B9.6 : Disturbance 229 B9.7 : Clearing and cleaning 230 B9.8 : Vermin 231 B9.9 : Overhand work 232 B9.10 : Jobbing SECTION C : SPECIFIC 233 Clause C1.1 : Workmens s Compensation Insurance The Contractor and Selected Sub-Contactors shall insure workmen in terms of the Workmen s Compensation Act of 1941 and shall deposit immediately with the Engineer written confirmation of evidence of registration under the Workmen s Compensation Act when signing the Contract. Persons not falling under the above-mentioned Act must be insured under Accident Insurance to the satisfaction of the Engineer. 234 Clause C1.2 : Non cession of monies Section No. 1 1/19

20 The Contractor shall not cede or assign his rights or claims to any monies due or to become due under this contract, as no cession or assignment will be recognised by the Employer. 235 Clause C1.3 : Site Instructions Site instructions issued by any of the Consultants on site are to be recorded in triplicate in a site instruction book which is to be maintained on site by the Contractor. It shall be the Main Contractor s responsibility to ensure that any verbal Instructions given on the site are recoded in the site instruction book and Signed by the Engineer. 236 Clause C1.4 : Employment of Namibian People No employee of the Contractor originating from any other country shall enter 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-skilled labour may be employed on the works unless he or she is a Namibian citizen. It is a further condition that a minimum of 30% skilled labour employed on the works, shall be Namibian citizens. Where a Tenderer s labour component consists of more than 30% or up to 100% Namibian citizens, the requirement stipulated below still applies. The Tenderer is encouraged to employ Namibian citizens for skilled and semi-skilled artisans and employ unskilled labour from the areas of intervention." All Namibian skilled artisan and unskilled employees are to be registered in accordance with the Social Security Act of 1994 (Act No. 34 of 1994) and the Tenderer must submit Certificates of good standing from the Social Security Commission, which are obtainable from the Commission s offices. 237 Clause C1.5 : As built drawings (structural concrete) The position of construction joints and the extent of individual concrete pours are to be recorded by the Contractor on the Structural Engineer s drawings and are to be submitted to the Engineer and the Structural Engineer for their records. 238 Clause C1.6 : As built drawings (plumbing and drainage) Section No. 1 1/20

21 The Contractor is to allow for one set of plumbing and drainage drawings marked up by the sub-contractor to indicate for internal and external installations as executed on the project site,to facilitate the preparation of the as built drawings to be and submitted by the Engineer to the User Ministry. 239 Clause C1.7 : Specific Products The Contractor is advised that his rates must be based on specific products or items as described in these Bills of Quantities. He may only deviate from the designated product or item to another product or item after written consent has been obtained from the Engineer, and only after the Contract has been awarded to the successful Tenderer. Where applicable, the cost of such substitution with another product or items 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 fix all proprietary branded products or items in strict accordance with the manufacturer s instructions after consultation with the manufacturer s authorised representative. Where no specific product or item is specified, but a product or item is referred to as approved:, the Contractor shall obtain written approval from 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 the Works. 240 Clause C1.8 : Proprietary branded products The Contractor shall take delivery of, handle, store, use, apply and / or fix all proprietary branded products in strict accordance with the manufacturer s instructions after consultation with the manufacturer s authorised representative. 241 Clause C1.9 : Labour record At the end of each week the Contractor shall provide the Engineer with a written record, in schedule form, reflecting the number, description and citizenship of tradesmen and labourers employed by him and all subcontractors on the works each day. 242 Clause C1.10 : Plant record At the end of each week the Contractor shall provide the Engineer with a written record, in schedule form, reflecting the number, type and capacity of all plant, excluding hand tools, currently used on the works. 243 Clause C1.11 : Guarantee Section No. 1 1/21

22 Where guarantees are called for, the Contractor shall obtain a written guarantee, addressed to the Employer, from the firm supplying the materials and / or doing the work and shall deliver same to the Engineer upon the certified final completion of the contract. The guarantee shall state that the materials, workmanship and installation are guaranteed for a specified period from the date of certified final completion of the contract and that any defects that may arise during the specified period shall be made good at the expense of the firm supplying the materials and doing the work, upon written notice of Engineer to do so. 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 Tax Payer. A copy of form 6-0/0020 or an original document of correspondence with the Ministry of Finance proving registration as a Namibian Tax Payer must be attached. The Tenderer must provide a copy of the firm s registration form, (Ministry of Trade and Industry) containing names of responsible person(s) listed at registration. 245 Clause C1.13 : Open Fires No open fires will be permitted, except in such places as are approved by the Engineer. Any workmen lighting fires in unauthorised places are to be immediately dismissed. 246 Clause C1.14 : Alternative Temporary access, etc. to site where necessary The Contractor shall allow here for any alternative temporary access to the site, including taking out and replacing fencing and gates, boundary walls, etc. if necessary to facilitate access to the project site, including obtaining the necessary permission and / or permits from the relevant authorities or neighbours, as well as the removal of such access upon the completion and making good all to match existing and leaving the site clean and in a perfect condition. 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 will be re-measured and adjusted at the rates submitted in the tender Bills of Quantities during the preparation of the Final Account. Should the Contractor not endeavour to finalise the Final Account for this contract with the Engineer within 3 (THREE) calendar months after receipt of same, the final account sum as reflected in the Engineer s Final Account will be taken to be the final cost of the project and no further negotiations will be entertained by the Employer or the Engineer. 248 Clause C1.16 : Testing and Handing over Specialist Installations Section No. 1 1/22

23 i) The Contractor shall satisfy himself that the installation is in accordance with the specifications and any variations that have been issued, before requesting the Engineer to inspect the works. ii) The Contractor shall at his own expense provide all testing equipment and materials for carrying out the tests. iii) iv) Prior to inspection the Contractor shall furnish the Engineer with all wiring maintenance manuals, operation methods of procedure, circuit drawings, etc. At the taking over inspection, the Contractor will be issued with a certificate stating all defects of the installation or part thereof at that time. v) A Taking over Certificate will be issued once all defects (as mentioned in (iv) above) have been rectified. vi) Only on issue of the Taking over Certificate will retention be reduced, the contract surety released and the guarantee and maintenance period will commence from that date. 249 Clause C1.17 : Drawings and dimensions All drawings, wherever their origin, are to be issued to the project site, or to any other person(s) only through the office of the Engineer, bearing the Engineer s office stamp. The Contractor shall keep a date register of all drawings issued at the project site at all times. Any drawings not issued through the Engineer to the project site, will be used at the Contractor s own risk and should any work be incorrect due to the use of unauthorised drawings, any rectification of work done in accordance with unauthorised drawings, shall be at the expense of the Contractor. All drawings used on site must be properly mounted on suitable sheet material, or otherwise protected to the approval of the Engineer, and kept in good condition. Any drawings that become bleached or unreadable, must be returned to the Engineer for replacement. Any rectification of work done in accordance with unreadable drawings, shall be at the expense of the Contractor. 250 Clause C1.18 : Blasting Section No. 1 1/23

24 The Contractor shall take all responsibility during blasting operations, should any be necessary, and must observe all conditions as set for and in the Government and Local Authority Regulations. The use of explosives is left to the discretion of the Contractor who must indemnify the Employer against any claims for damages to persons or property on or near the project site, from any cause whatsoever arising out of the use of explosives. The Contractor will be held responsible for and must immediately make good, at his own expense, any damage that may occur through the use of explosives. 251 Clause C1.19 : Revenue Stamps The Contractor must allow for any necessary revenue stamps required in connection with The Conditions of Contract for Construction for Building and Engineering Works Designed by the Employer as issued by the Federation Internationale des Ingenieurs-Conseils (FIDIC), First Edition 1999 and Guarantee in accordance with the Stamp Duty Act 1911 or any amendment thereto. 252 Clause C1.20 : Earned Value Management Within 28 days signing the contract, the Contractor shall submit a revised Program of Works to the Engineer for his acceptance. The Program of Works shall be in bar chart format and shall indicate the major work components (including design and procurement) and the main sub-activities. The program shall have a unit of time of one month (with part 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, including specialist sub-contracts and suppliers, as well as the Contractor's major plant requirements, in order to demonstrate sequencing and non-conflict of resources. The Engineer may request summary versions of the program, or additional detail for critical sections. The Contractor shall comply with all such requests. Once a Work Program has been accepted by the Engineer it shall remain as the current version until such time as the Engineer instructs the Contractor to update the program. The Contractor shall not modify his program without such instruction from the Engineer. Specifically, the Contractor's progress reports shall relate to the current program, and any indicated. Section No. 1 1/24

25 The exact format of the Work Program shall be to the approval of the Engineer, but shall comprise the minimum of a detailed, resource and cost loaded schedule for the work, using Prima Vera (P6 enterprise) or a similar approved software system. This schedule, to be finalised and agreed between Employer and Contractor, will be used to measure Earned Value to enable the Contractor and Employer to monitor the progress of the project in terms of integrated cost, schedule and technical performance measures. In order for Earned Value to be implemented, the Contractor will provide a system that can accurately and demonstrably measure the following three fundamental factors: i. The PLANNED VALUE COST also known as the Budgeted Cost of Work Scheduled (BCWS). This is the amount of expenditure the Employer anticipated he would have spent at time of reporting. ii. The ACTUAL COST of the progress made, known as the Actual Cost of Work Performed (ACWP). This is the actual amount of expenditure the Employer 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. Section No. 1 1/25

26 Section No. 1 Bill No. 1 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$ Section No. 1 1/26

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