section 8 particular conditions of contract · 2015-04-17 · section 8 particular conditions of...

Section 8 Particular Conditions of Contract8-1

SECTION 8 – PARTICULAR CONDITIONS of CONTRACT

The following Particular Conditions of Contract shall supplement the GCC. Whenever there is aconflict, the provisions herein shall prevail over those in the GCC.


A. General

GCC 1.1.2.2Parties andPersons

The Employer is the WATER AUTHORITY OF FIJI

GCC 1.1.2.4Engineer

The Engineer is Water Authority of Fiji OR as appointed by the Employer andinformed in writing to the Contractor.

GCC 1.1.3.2CommencementDate

The Commencement Date shall be ten (14) working days from the date of theLetter of Acceptance.

GCC 1.1.3.3Time forCompletion

The Intended Time for Completion Date for the whole of the Works shall be 12months from the Commencement Date.

GCC 1.1.6.2Country

The country is FIJI.

GCC 1.1.6.5Laws

The laws applicable are the LAWS OF FIJI.

GCC 1.1.6.7Site

The site is Kinoya, Nasinu and Lautoka, in VitiLevu and Labasa, in Vanua Levu.

GCC 1.4Law andLanguage

The applicable law shall be the LAWS OF FIJI and the applicable language shallbe ENGLISH.

GCC 3.1EngineersDuties andResponsibility

The powers of the Engineer, where not the Employer (WAF), is limited under thefollowing circumstances and the Engineer is not authorized to:

a) Approve Variation Orders without Employer consent;b) Approve Extension of Time Claims without Employer consent; OR;c) Authorize Payment Certificates without Employer consent.

In such cases, the Engineer shall recommend to the Employer such action andthe Employer shall authorize or decline approval accordingly. Any of the aboveitems where not signed as proof of authorization by the Employer shall beconsidered invalid and non-binding on the Employer.

GCC 3.3Instructions ofthe Engineer

Such instructions require the approval of the Employer in cases where theEngineer is not the Employer.

GCC 4.2PerformanceSecurity

The Form of Security shall be in the format as provided in Section 1 of the TenderDocument, “Instructions to Bidders”.

GCC 4.18

Protection of theEnvironment

Where included in the tender, the conditions of an Environmental ManagementPlan prepared for the project shall supplement the clause and take precedencewhere a conflict exists with the GCC Clause.

GCC 6.5Working Hours

No work shall be carried out on Sundays or Public Holidays without thepermission of the Employer.


GCC 8.3Programme

The Contractor shall submit for approval a Program for the Works within TEN (10)days from the date of the Letter of Acceptance.

GCC 8.7Delay Damages

The delay damages for the whole of the Works are FJ$5,000per day. Themaximum amount of liquidated damages for the whole of the Works is TWENTYPERCENT (20%) of the final Contract Price.

GCC 10.1Taking OverWorks

The date by which operating and maintenance manuals are required is PRIOR tothe issue of a Taking Over (Practical Completion) Certificate.

The date by which “as built” drawings are required is PRIOR to the issue of aTaking Over (Practical Completion) Certificate.

GCC 11.1Defects Liability

The Defects Liability Period for the project is 12 months.

GCC 12.2Method ofMeasurement

In the absence of agreement on measurement, measurement of quantities foradmeasurement contracts shall be in accordance with the Civil EngineeringStandard Method of Measurement CESMM (latest version).

GCC 13.8Adjustments inCost

Not applicable.

GCC 14.2AdvancePayment

No advance payment will be made.

GCC 14.9RetentionMoney

The percentage of retention shall be 10% of the contract sum. At issue of theTaking-Over Certificate, half of the retention sum shall be released. The balanceof the retention money shall be released after the expiry of the DefectsNotification Period as part of the Final Payment certificate.

GCC 14.15Currencies ofPayment

The Currency of Payment shall be FIJI DOLLARS

GCC 15.4Payment afterTermination

The percentage to apply to the value of the work not completed, representing theEmployer’s additional cost for completing the Works, is FORTY PERCENT (40%)

GCC 18.1Insurances

The minimum insurance amounts and deductibles shall be:

(a) for the Works, Plant and Materials: FJD3 Million

(b) For loss or damage to Equipment: FJD3 Million

(c) for loss or damage to property (except the Works, Plant, Materials, andEquipment) in connection with Contract: FJD1 Million

(d) for personal injury or death:

(i) of the Contractor’s employees: FJD 0.5 Million

(ii) of other people: FJD1 Million.

GCC 20.6Arbitration

Arbitration shall be carried out in Suva, Fiji in accordance with the Fiji ArbitrationAct (as amended) and ancillary Laws of Fiji.

Section 9 - Contract Forms 9-1

Bidding Document for DESIGN AND BUILD PROJECT for WATER AUTHOIRTY LAB BUILDINGS IN CENTRAL AND NORTHERNDIVISIONS

Section 9 - Contract Forms

This Section contains forms which, once completed, will form part of the Contract. The forms forPerformance Security and Bank Guarantee, when required, shall only be completed by the successfulBidder after contract award.

List of Forms

Letter of Acceptance .................................................................................................................................... 9-2

Contract Agreement ..................................................................................................................................... 9-4

Performance Security................................................................................................................................... 9-5

Bank Guarantee ………………….………………………………………………………………………………..…9-5



LETTER of ACCEPTANCE

---- on letterhead paper of the Employer ----

. . . . . . . date. . . . . . .

To: . . . . . . . . . .name and address of the Contractor . . . . . . . . . .

Subject: . . . . . . . . . .Notification of Award Contract No. . . . . . . . . . .

This is to notify you that your Bid dated . . . . date . . . . for execution of the . . . . . . . . . .name of thecontract and identification number, as given in the Appendix to Bid . . . . . . . . . . for the Accepted ContractAmount of the equivalent of . . . . . . . . .amount in numbers and words and name of currency . . . . . . . . ., ascorrected and modified in accordance with the Instructions to Bidders is hereby accepted by ourAgency.

You are requested to furnish the Performance Security within 28 days in accordance with theConditions of Contract, using for that purpose the Performance Security Form included in Section 9(Contract Forms) of the Bidding Document.

[Choose one of the following statements:]

We accept that _________________________ [insert the name of Adjudicator proposed by theBidder] be appointed as the Adjudicator.

[or]

We do not accept that ______________________ [insert the name of the Adjudicator proposed bythe Bidder] be appointed as the Adjudicator, and by sending a copy of this Letter of Acceptance to________________________________________[insert name of the Appointing Authority], theAppointing Authority, we are hereby requesting such Authority to appoint the Adjudicator in accordancewith GCC 23.1.

Authorized Signature: ................................................................................................................................

Name and Title of Signatory: .....................................................................................................................

Name of Agency: .......................................................................................................................................



Attachment: Contract Agreement



CONTRACT AGREEMENTTHIS AGREEMENT made the . . . . . .day of . . . . . . . . . . . . . . . . ., . . . . . . ., between Water Authority ofFiji (hereinafter “the Employer”), of the one part, and . . . . . name of the Contractor . . . .(hereinafter “theContractor”), of the other part:

WHEREAS the Employer desires that the Works known as . . . . . name of the Contract. . . . .should beexecuted by the Contractor, and has accepted a Bid by the Contractor for the execution and completionof these Works and the remedying of any defects therein,

The Employer and the Contractor agree as follows:

1. In this Agreement words and expressions shall have the same meanings as are respectivelyassigned to them in the Contract documents referred to.

2. The following documents shall be deemed to form and be read and construed as part of thisAgreement. This Agreement shall prevail over all other Contract documents.

(a) the Letter of Acceptance

(b) the Bid

(c) the Addenda No’s . . . . . (insert addenda numbers if any). . . .

(d) the Particular Conditions

(e) the General Conditions;

(f) the Specification

(g) the Drawings; and

(h) the completed Schedules,

3. In consideration of the payments to be made by the Employer to the Contractor as indicated inthis Agreement, the Contractor hereby covenants with the Employer to execute the Works and toremedy defects therein in conformity in all respects with the provisions of the Contract.

4. The Employer hereby covenants to pay the Contractor in consideration of the execution andcompletion of the Works and the remedying of defects therein, the Contract Price or such othersum as may become payable under the provisions of the Contract at the times and in the mannerprescribed by the Contract.

IN WITNESS whereof the parties hereto have caused this Agreement to be executed inaccordance with the laws of . . . . . name of the borrower. . . . .on the day, month and year indicatedabove.

Signed by ............................................................ Signed by.............................................................for and on behalf of the Employer for and on behalf the Contractor

in the presence of: in the presence of:

Witness, Name, Signature, Address, Date Witness, Name, Signature, Address, Date



PERFORMANCE SECURITY

Bank’s Name, and Address of Issuing Branch or Office

Beneficiary: ..................................Name and Address of Employer ..........................................

Date: ...........................................................................................................................

Performance Guarantee No.:............................................................................................

We have been informed that . . . . . name of the Contractor. . . . . (hereinafter called “the Contractor”) hasentered into Contract No. . . . . . reference number of the Contract. . . . . dated . . . . . . . .with you, for theexecution of . . . . . . name of contract and brief description of Works. . . . . (hereinafter called “the Contract”).

Furthermore, we understand that, according to the conditions of the Contract, a performance guaranteeis required.

At the request of the Contractor, we . . . . . name of the Bank. . . . . hereby irrevocably undertake to payyou any sum or sums not exceeding in total an amount of . . . . . . . . . name of the currency and amount infigures. . . . . . (. . . . . amount in words. . . . . ) such sum being payable in the types and proportions ofcurrencies in which the Contract Price is payable, upon receipt by us of your first demand in writingaccompanied by a written statement stating that the Contractor is in breach of its obligation(s) under theContract, without your needing to prove or to show grounds for your demand or the sum specifiedtherein.

This guarantee shall expire, no later than the . . . . . Day of . . . . . . . . . . , . . . . . . , and any demand forpayment under it must be received by us at this office on or before that date.

This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No. 458,except that subparagraph (ii) of Sub-article 20(a) is hereby excluded.

. . . . . . . . . . . . . . . . . . . . . . . . . . . .Seal of Bank and Signature(s)

section 8 particular conditions of contract · 2015-04-17 · section 8 particular conditions of...

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