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FIDIC PRELIMINARIES GENERALS PRASA In-Cab Signalling Item No Quantity Rate Amount No BILL NO. 1 PRELIMINARIES NOTES: i) The Special Conditions of Contract for Plant Design and Build for Electrical and Mechanical Plant, And for Building and Engineering Works, Designed by the Contractor 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) 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 Sheet to "Architect"/"Principal Agent" are deemed to be references to "The Engineer" iii) 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. iv) Where N/A appears opposite any clause, such clause as detailed in the standard documents referred to is NOT APPLICABLE to this contract. SECTION A : CONDITIONS OF CONTRACT 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 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 9 Clause 1.9: Errors in the Employer's Requirements 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 Clause 1.14: Joint and Several Liability Item A.2 - THE EMPLOYER 14 Clause 2.1: Right of Access to the Site Item 15 Clause 2.2: Permits, Licenses of Approvals Item 16 Clause 2.3: Employer's Personnel Item 1
Transcript

FIDIC PRELIMINARIES GENERALS PRASA In-Cab Signalling

Item No Quantity Rate Amount

No

BILL NO. 1 

PRELIMINARIES

NOTES:

i) The Special Conditions of Contract for Plant Design and

Build for Electrical and Mechanical Plant, And for Building and

Engineering Works, Designed by the Contractor 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) 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 Sheet to "Architect"/"Principal Agent" are deemed to

be references to "The Engineer"

iii) 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.

iv) Where N/A appears opposite any clause, such clause as

detailed in the standard documents referred to is NOT

APPLICABLE to this contract.

SECTION A : CONDITIONS OF CONTRACT

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

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

9 Clause 1.9: Errors in the Employer's Requirements 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

Clause 1.14: Joint and Several Liability Item

A.2 - THE EMPLOYER

14 Clause 2.1: Right of Access to the Site Item

15 Clause 2.2: Permits, Licenses of Approvals Item

16 Clause 2.3: Employer's Personnel Item

1

FIDIC PRELIMINARIES GENERALS PRASA In-Cab Signalling

Item No Quantity Rate Amount

17 Clause 2.4: Employer's Financial Arrangement Item

18 Clause 2.5: Employer's Claims Item

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 fulfill such duties.

19 Clause 3.1: Engineer's Duties and Authority Item

20 Clause 3.2: Delegation by the Engineer Item

21 Clause 3.3: Instructions of the Engineer Item

22 Clause 3.4: Replacement of the Engineer Item

23 Clause 3.5: Determinations Item

A.4 - THE CONTRACTOR

24 Clause 4.1 - Contractor's General Obligations Item

25 Clause 4.2 - Performance Security Item

26 Clause 4.3 - Contractor's Representative Item

27 Clause 4.4 - Sub-Contractors Item

28 Clause 4.5 - Nominated Subcontractors Item

29 Clause 4.6 - Co-operation Item

30 Clause 4.7 - Setting out Item

31 Clause 4.8 - Safety Procedures Item

32 Clause 4.9 - Quality Assurance Item

33 Clause 4.10 - Site Data Item

34 Clause 4.11 - Sufficiency of accepted Contract Amount Item

35 Clause 4.12 - Unforeseeable Physical Conditions Item

36 Clause 4.13 - Right of Way and Facilities Item

37 Clause 4.14 - Avoidance of Interference Item

38 Clause 4.15 - Access Route Item

39 Clause 4.16 - Transport of Goods Item

40 Clause 4.17 - Contractor's Equipment Item

41 Clause 4.18 - Protection of the Environment Item

42 Clause 4.19 - Electricity, Water and Gas Item

43 Clause 4.20 - Employer's Equipment and Free-issue Material Item

44 Clause 4.21 - Progress Reports Item

45 Clause 4.22 - Security of the Site Item

46 Clause 4.23 - Contractor's Operations on Site Item

47 Clause 4.24 - Fossils Item

A.5 - DESIGN

48 Clause 5.1 - General Design Obligations Item

49 Clause 5.2 - Contractor's Documents Item

50 Clause 5.3 - Contractor's Undertaking Item

51 Clause 5.4 - Technical Standards and Regulations Item

52 Clause 5.5 - Training Item

53 Clause 5.6 - As-Built Documents Item

54 Clause 5.7 - Operation and Maintenance Manuals Item

55 Clause 5.8 - Design Error Item

A.6 - STAFF AND LABOUR

56 Clause 6.1 - Engagement of Staff and Labour Item

57 Clause 6.2 - Rates of Wages and Conditions of Labour Item

58 Clause 6.3 - Persons in the Service of the Employer Item

59 Clause 6.4 - Labour Laws Item

2

FIDIC PRELIMINARIES GENERALS PRASA In-Cab Signalling

Item No Quantity Rate Amount

60 Clause 6.5 - Working Hours Item

61 Clause 6.6 - Facilities for Staff and Labour Item

62 Clause 6.7 - Health and Safety Item

63 Clause 6.8 - Contractor's Superintendence Item

64 Clause 6.9 - Contractor's Personnel Item

65 Clause 6.10 - Records of Contractor's Personnel and Equipment Item

66 Clause 6.11 - Disorderly Conduct Item

A.7 - PLANT, MATERIALS AND WORKMANSHIP

67 Clause 7.1 - Manner of Execution Item

68 Clause 7.2 - Samples Item

69 Clause 7.3 - Inspection Item

70 Clause 7.4 - Testing Item

71 Clause 7.5 - Rejection Item

72 Clause 7.6 - Remedial work Item

73 Clause 7.7 - Ownership of Plant and Material Item

74 Clause 7.8 - Royalties Item

A.8 - COMMENCEMENT, DELAYS AND SUSPENSION

75 Clause 8.1 - Commencement of Works Item

76 Clause 8.2 - Time for Completion Item

77 Clause 8.3 - Programme Item

78 Clause 8.4 - Extension of Time for Completion Item

79 Clause 8.5 - Delays caused by Authorities Item

80 Clause 8.6 - Rate of Progress Item

81 Clause 8.7 - Delay Damages Item

82 Clause 8.8 - Suspension of Work Item

83 Clause 8.9 - Consequences of Suspension Item

84 Clause 8.10 - Payment for Plant and Materials in Event of

Suspension

Item

85 Clause 8.11 - Prolonged Suspension Item

86 Clause 8.12 - Resumption of Work Item

A.9 - TESTS ON COMPLETION

87 Clause 9.1 - Contractor's Obligation Item

88 Clause 9.2 - Delayed Tests Item

89 Clause 9.3 - Retesting Item

90 Clause 9.4 - Failure to pass Tests on Completion Item

A.10 - EMPLOYER'S TAKING OVER

91 Clause 10.1 - Taking over of the Works and Sections Item

92 Clause 10.2 - Taking over of parts of the works Item

93 Clause 10.3 - Interference with Tests on Completion Item

94 Clause 10.4 - Surfaces requiring Reinstatement Item

A.11 - DEFECTS LIABILITY

95 Clause 11.1 - Completion of Outstanding work and Remedying

Defects

Item

96 Clause 11.2 - Cost of Remedying Defects Item

97 Clause 11.3 - Extension of Defects Notification Period Item

98 Clause 11.4 - Failure to Remedy Defects Item

99 Clause 11.5 - Removal of Defective Work Item

100 Clause 11.6 - Further Tests Item

101 Clause 11.7 - Right of Access Item

3

FIDIC PRELIMINARIES GENERALS PRASA In-Cab Signalling

Item No Quantity Rate Amount

102 Clause 11.8 - Contractor to Search Item

103 Clause 11.9 - Performance Certificate Item

104 Clause 11.10 - Unfulfilled Obligations Item

105 Clause 11.11 - Clearance of Site Item

A.12 - TESTS AFTER COMPLETION

106 Clause 12.1 - Procedure for Tests after Completion Item

107 Clause 12.2 - Delayed Tests Item

108 Clause 12.3 - Retesting Item

109 Clause 12.4 - Failure to Pass Tests after Completion Item

A.13 - VARIATIONS AND ADJUSTMENTS

110 Clause 13.1 - Right to vary Item

111 Clause 13.2 - Value Engineering Item

112 Clause 13.3 - Variation Procedure Item

113 Clause 13.4 - Payment in Applicable Currencies Item

114 Clause 13.5 - Provisional Sums Item

115 Clause 13.6 - Daywork Item

116 Clause 13.7 - Adjustments for Changes in Legislation Item

117 Clause 13.8 - Adjustments for Changes in Cost Item

A.14 - CONTRACT PRICE AND PAYMENTS

118 Clause 14.1 - The Contract Price Item

119 Clause 14.2 - Advance Payment Item

120 Clause 14.3 - Application for interim Payment Certificates Item

121 Clause 14.4 - Schedule of Payments Item

122 Clause 14.5 - Plant and materials intended for the works Item

123 Clause 14.6 - Issue of interim Payment Certificates Item

124 Clause 14.7 - Payment Item

125 Clause 14.8 - Delayed Payment Item

126 Clause 14.9 - Payment of Retention Money Item

127 Clause 14.10 - Statement at Completion Item

128 Clause 14.11 - Application for Final Payment Certificate Item

129 Clause 14.12 - Discharge Item

130 Clause 14.13 - Issue of Final Payment Certificate Item

131 Clause 14.14 - Cessation of Employer's liability Item

132 Clause 14.15 - Currencies of Payment Item

A.15 - TERMINATION BY EMPLOYER

133 Clause 15.1 - Notice to Correct Item

134 Clause 15.2 - Termination by Employer Item

135 Clause 15.3 - Valuation at Date of Termination Item

136 Clause 15.4 - Payment after Termination Item

137 Clause 15.5 - Employer's Entitlement to Termination Item

A.16 - SUSPENSION AND TERMINATION BY CONTRACTOR

138 Clause 16.1 - Contractor's Entitlement to suspend Work Item

139 Clause 16.2 - Termination by Contractor Item

140 Clause 16.3 - Cessation of Work and removal of Contractor's

Equipment

Item

141 Clause 16.4 - Payment on Termination Item

A.17 - RISK AND RESPONSIBILITY

4

FIDIC PRELIMINARIES GENERALS PRASA In-Cab Signalling

Item No Quantity Rate Amount

142 Clause 17.1 - Indemnities Item

143 Clause 17.2 - Contractor's Care of the Works Item

144 Clause 17.3 - Employer's Risks Item

145 Clause 17.4 - Consequences of Employer's risks Item

146 Clause 17.5 - Intellectual and Industrial Property Rights Item

147 Clause 17.6 - Limitation of Liability Item

A.18 - INSURANCE

148 Clause 18.1 - General Requirements for Insurance Item

149 Clause 18.2 - Insurance for Works and Contractor's Equipment Item

150 Clause 18.3 - Insurance against Injury to Persons and Damage to

Property

Item

151 Clause 18.4 - Insurance for Contractor's Personnel Item

A.19 - FORCE MAJEURE

152 Clause 19.1 - Definition of Force Majeure Item

153 Clause 19.2 - Notice of Force Majeure Item

154 Clause 19.3 - Duty to Minimise Delay Item

155 Clause 19.4 - Consequences of Force Majeure Item

156 Clause 19.5 - Force Majeure affecting Sub-Contractor Item

157 Clause 19.6 - Optimal Termination, Payment and Release Item

158 Clause 19.7 - Release from performance under the law Item

A.20 - CLAIMS, DISPUTES AND ARBITRATION

159 Clause 20.1 - Contractor's Claim Item

160 Clause 20.2 - Appointment of the Dispute Adjudication Board Item

161 Clause 20.3 - Failure to agree to Dispute Adjudication Board Item

162 Clause 20.4 - Obtaining Dispute Adjudication Board's decision Item

163 Clause 20.5 - Amicable settlement Item

164 Clause 20.6 - Arbitration Item

165 Clause 20.7 - Failure to comply to Dispute Adjudication Board's

decision

Item

166 Clause 20.8 - Expiry of Dispute Adjudication Board's appointment Item

SECTION B : MODEL PRELIMINARIES

B1: Supplementary documentation

167 B1.1: Consultants

ENGINEER

Telephone No. : +27 (0)

Facsimile No. : +27 (0)

CONSULTANT 1

5

FIDIC PRELIMINARIES GENERALS PRASA In-Cab Signalling

Item No Quantity Rate Amount

Telephone No. : +27 (0)

Facsimile No. : +27 (0)

CONSULTANT 2

Telephone No. : +27 (0)

Facsimile No. : +27 (0)

CONSULTANT 3

Telephone No. : +27 (0)

Facsimile No. : +27 (0)

CONSULTANT 4

Telephone No. : +27 (0)

Facsimile No. : +27 (0)

168 B1.2: Performance guarantee by the Contractor Item

The full security for the due fulfilment of all obligations under

this contract is to remain in force after the 90 (ninety) 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 90 (ninety) 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.

169 B1.3: Payment guarantee by Employer N/a

170 B1.4: Waiver of contractor's lien Item

171 B1.5: Signing powers Item

172 B1.6: Tenders Item

Notwithstanding anything contained in this clause tenders

shall be valid for a period of ninety days (180) from the closing

date of tenders.

6

FIDIC PRELIMINARIES GENERALS PRASA In-Cab Signalling

Item No Quantity Rate Amount

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.

Tenders shall complete all the information requested on the Form

of Tender and provide copies of all supporting documentation

requested on the Form of Tender

Tenders shall be submitted on all official forms and shall NOT be

qualified by the Tenderer's own conditions of tender.

Tenderers are referred to the Form of Tender for the closing

date of the Tender.

Failure to comply with these requirements may disqualify the

Tender.

173 B1.7: Inspection of documents Item

B2 THE SITE

174 B2.1: Site and site boundaries Item

175 B2.2: Area of the works Item

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.

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

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.

177 B2.4: Site soil investigation Item

No site soil investigation report is available and the Tenderer is

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.

178 B2.5: Viewing of the site Item

7

FIDIC PRELIMINARIES GENERALS PRASA In-Cab Signalling

Item No Quantity Rate Amount

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.

179 B2.6: Existing premises occupied Item

180 B2.7: Dimensional accuracy of work executed under the

previous contract

Item

181 B2.8: Patent defects of work executed under the previous

contract

Item

182 B2.9: Existing known services Item

Existing services and points of connection are shown on the site

plans or will be pointed out on the site by the Engineer.

183 B2.10: Unknown services Item

184 B2.11: Protection of trees, etc. Item

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.

185 B2.12: Articles of value Item

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

B3 - MANAGEMENT OF CONTRACT

B3.1: Management of works Item

B3.2: Programming of the works Item

The contract shall be programmed by the contractor in

accordance with the special conditions of contract

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

Engineer.

187 B3.3: Progress meetings

Progress meetings will be held on the project site once every Item

month and shall be attended by the Contractor, his site

representative, his sub-contractors, Consultants and

Representatives and the Employer.

8

FIDIC PRELIMINARIES GENERALS PRASA In-Cab Signalling

Item No Quantity Rate Amount

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.

188 B3.4: Technical meetings Item

Technical meetings will be held on the project site once every two

weeks and shall be attended by the Contractor, his site

representative, his sub-contractors, Consultants and

Representatives 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.

B4 - MATERIALS AND WORKMANSHIP

189 B4.1: Samples of materials Item

190 B4.2: Samples of workmanship and mockups Item

191 B4.3: Ordering of materials Item

The Contractor will be solely responsible for any delay in the

delivery of materials required for the execution and completion of

the Works.

B5 - TEMPORARY WORKS AND PLANT

192 B5.1: Deposits and fees Item

193 B5.2: Enclosure of works Item

194 B5.3: Pavement crossings and parking meters Item

195 B5.4: Advertising Item

196 B5.5: Plant and equipment

197 B5.6: Special scaffolding Item

All scaffolding if and when required for this contract for the use of

the workmen (including all sub-contractors) shall be provided by

the Main Contractor.

198 B5.7: Contractor's offices and sheds Item

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.

199 B5.8: Offices Item

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

9

FIDIC PRELIMINARIES GENERALS PRASA In-Cab Signalling

Item No Quantity Rate Amount

201 B5.10: Main noticeboard Item

202 B5.11: Sub-contractors' noticeboard Item

B6 - TEMPORARY SERVICES

203 B6.1: Water Item

The contractor shall provide water for the works

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.

204 B6.2: Electricity and lighting Item

The contractor shall provide electricity for the works

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.

205 B6.3: Telephones Item

Should the Contractor be unable to procure a temporary telephone

line for the site office, he shall, in areas where cellular telephone

coverage exists, ensure the Contractor's Representative has a

cellular telephone in his possession for use on the site.

206 B6.4: Toilets Item

The contractor shall provide toilets

B7 - PROVISIONAL SUMS

207 B7.1: Cash discount

All Budgetary Allowances and Provisional Sums are nett and do

not include a cash discount, nor will the Contractor be allowed or

entitled to a cash discount.

Item

An items 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), subcontractors 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 sub-contracts.

208 B7.2: Sub-contract documents Item

10

FIDIC PRELIMINARIES GENERALS PRASA In-Cab Signalling

Item No Quantity Rate Amount

Sub-Contracts and shall be executed using the Fidic Sub-

Contract Agreement as issued by the Federation

Internationale des Ingenieurs-Conseils (FIDIC), First Edition

1999

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.

209 B7.3: Attendance sub-contractors Item

Items for special attendance upon sub-contractors have been

measured after each Provisional Sum for pricing by the 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.

210 B7.4: Fuel, power and water for Test, Commissioning of

mechanical and other specialised installations

Item

B8 - FINANCIAL ASPECTS

211 B8.1: Taxes Item

212 B8.2: Contract Price Fluctuation and Escalation Provisions Item

213 B8.3: Payment of preliminaries Item

214 B8.4: Adjustment of preliminaries Item

The adjustment of preliminaries will be on the basis of Fixed price,

value related and time related items

The successful Tenderer, shall submit together with his priced

Pricing Sheets written confirmation of a breakdown of each item

priced in the Preliminaries Sheet in accordance to the following

three categories:

a) Fixed

b) Value Related

c) Time Related

The final adjustment of the Preliminaries, for any reason

whatsoever, shall be done at the end of the contract period.

215 B8.5: 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 prior commencing with daywork.

11

FIDIC PRELIMINARIES GENERALS PRASA In-Cab Signalling

Item No Quantity Rate Amount

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 Financial Expert

216 B8.6: Information supplied by the Contractor Item

Should the Contractor or any of his sub-contractors execute any of

the work which, in his opinion, constitutes a variation to the

contract and is not covered in the Pricing Sheets and hence results

in a loss or expense the Contractor. The onus rests on the

Contractor to inform the Engineer in writing within the period

specified in the Special Conditions of Contract 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.

B9 - GENERAL

217 B9.1: Protection Item

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

219 B9.3: Safety Item

220 B9.4: Site security

221 B9.5: Notice before covering work Item

222 B9.6: Disturbance Item

223 B9.7: Clearing and cleaning Item

224 B9.8: Vermin Item

225 B9.9: Overhand work Item

226 B9.10: Jobbing Item

SECTION C : SPECIFIC PRELIMINARIES

227 C1.1: Workmen's Compensation Insurance Item

The Contractor and Selected Sub-Contractors shall insure

workmen in terms of the Workmen's Compensation Act and shall

deposit immediately with the Engineer written confirmation of

evidence of registration under the Workmen's Compensation Act

when signing the Contract.

228 C1.2: Non cession of monies Item

The Contractor shall not cede or assign his rights or claims to any

monies due or to become due under this contract, as no

12

FIDIC PRELIMINARIES GENERALS PRASA In-Cab Signalling

Item No Quantity Rate Amount

cession or assignment will be recognised by the Employer.

229 C1.3: Site instructions

Item

Site instructions issued by any of the Consultants on site are tobe

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 recorded in the site

instruction book and signed by the Engineer.

230 C1.4: Employment of Local People

Item

No employee of the Contractor originating from any other country

shall enter South Africa without a work permit and a residence

permit, obtainable from the Ministry of Home Affairs.

It is an explicit condition of this Contract that the labour conditions

of Employment comply with the Localization Documents forming

part of this Contract

231 C1.5: As built drawings, Test Results and Commissioning

Documentation

Item

232 C1.6: Specific Products

The Contactor is advised that his rates must be based on Item

specific products or items as described in these Pricing Sheets 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

Financial Expert 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 the

consultation with the manufacturer's authorised representative.

Where no specific product or item is specified, but a product or

items is referred to as "approved", the Contractor shall obtain

written approval from the Engineer or the product or item, he

intends to use in the Works, prior to ordering such products/item

or using such products/items in the Works.

233 Clause C1.7: Proprietary branded products

Item

The Contractor shall take delivery of, handle, store, use, apply

and/or fix all proprietary branded products in strict accordance

with the manufacturers' instructions after consultation with the

manufacturer's authorised representative.

234 Clause C1.8: Labour record

13

FIDIC PRELIMINARIES GENERALS PRASA In-Cab Signalling

Item No Quantity Rate Amount

Item

At the end of each fortnight 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 Sub-Contractors on the works each day.

235 Clause C1.9: Plant record

Item

At the end of each fortnight 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.

236 Clause C1.10: Guarantees

Item

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 the Engineer to do so.

237 Clause C1.11: Registration of Firm as a Company and a South

African Tax Payer

Item

The Tenderer must provide proof that he is registered as a South

African Tax Payer as specified in the Financial Requirements

Document forming part of this contract

238 Clause C1.12: Open Fires

No open fires will be permitted, except in such places as are Item

approved by the Engineer. Any workmen lighting fires in

unauthorised places are to be immediately dismissed.

239 Clause C1.13: Alternative Temporary access, etc. to site where

necessary

Item

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 neighbors 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

14

FIDIC PRELIMINARIES GENERALS PRASA In-Cab Signalling

Item No Quantity Rate Amount

240 Clause C1.14: Testing and Handing over Specialist

Installations

Item

241 Clause C1.15: Drawings and dimensions Item

project site, or to any other person(s) only through the office of the

Engineer, bearing the Engineer's office stamp. All drawings,

wherever their origin, are to be issued to the Contractor shall keep

a date register of all drawings issued at the project site at all times.

242 Clause C1.16: Revenue Stamps Item

The Contractor must allow for any necessary revenue stamps

required in connection with The Conditions of Contract for

Construction as issued by the Federation Internationale des

Ingenieurs-Conseils (FIDIC), First Edition 1999 and Guarantee

in accordance with the Stamp Duty Act or any amendment thereto.

COLLECTION

Total Carried to Form of Tender (FORM C)

15


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