Q1. Review the Palm Mall project at the link provided and select the most suitable form of contract for this project. The answer should include a detailed justification with at least the following: Q1.a. Project characteristics matrix. Q1.b. Form of contract characteristics matrix. Q1.c. The characteristics which match exactly. Q1.d. The characteristics which not match. Q1.e. The modifications required to the contract to take care of the mismatching characteristics. Note: The matrix can follow a similar format to the handouts but a unique approach is encouraged. Link: http://aljarwanigroup.com/swf/palmmall/palm/palm%20mall%20profile.pdf Q2. Review the Oman Standard Documents for Building and Civil Engineering Works (uploaded as attachment) and identify all clauses where the opinion and/or satisfaction of the Engineer is required. Q3. Suggest modifications that can be made to each of the clauses identified to increase unambiguity. *** Words count = 1900 words. *** In-Text Citations and References using Harvard style. *** Attachment has been uploaded named “Oman Standard Documents for Buildings and Civil Engineering”.
2._oman_standard_documents_for_buildings_and_civil_engineering_works.pdf
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SULTANATE OF OMAN
‘·.,
STANDARD DOCUMENTS
for
BUILDING
and
CIVIL ENGINEER_ING.
WORKS
.·
THIRD EDITION
j ULY 1981
16/01/2008
11:26
24798134
QUANTITY
SURV~Y
PAGE
….
. ..
FORLVI OF ADVANCE PAYMENT BOND .. -:
H.E.·The Head of Muscat Municipality
Diwan of. Royal Cotut· ·
P.O~- B~x 3667, -Ruwi
Code 112, Sultanate of Oman
.·.
Ad-vance Pnyment·Bolid No:
Whereas… :…. :.., ……. :·….:..:……·….(hereinafter called the Contra~t~r) ·has -been awarded a
Contract dated.:·…. :……….’…..::. for the ~onstruction, compldio~ and.mai.ntenanqe of
· :.. . :.. :, .. :.-… .. ·:… :. .-… … .. …. ……. ·………….. ·… ~ … :·: ….. ·…..
for :ili~ .viliite .of
. . ..
.
.
.
.
(Rials Om~li.’………….· ::: … , ……:……… ~ ·~ …. :·.,_….. ,…….. ,.. , .._. .._. …:..-.:..’
RO.~ ·
·· ·
…………..:: ….._..’..-…-…. : -~ ; .. ,… ) 31J:din consideration _of y~lli: !llatOn it? ex~iry or np9n ful{iilmet~t of our_und~lta~g
whichever is tli~. eadier. · ·
.·· ·. Authorised _Signator~es . · .
·(To ~e is.spe_
d by -~ locally .registered J3a!lk)
·.
·.
. . :.. .’·
15
··…
·.
.· ..
01/01
q
··….
·..
t:.n eal L.iVJl
~….I….JV.n-~•vn-
:.
,
–
– – = .__ :;-
. From ..ofTender.
..
(3)
·
..
~
If olir Tender is accepted we will obtain the guarantee of a locally·
registered Insurance Company or Bank (as required in the Sultanate of
Oman Standard Conditions of Contract for Building and Civil
Engipeering Works, 3rd Edition) to be jointly and severally bound with us
in the swn of 5 per cent of the Contract Value for the due performance of
the Contract t under the terms of a Performance Bond to ‘Ire approved by
you.
STAA’DARD DOCUMENTS
I’
FOR
.i
BUILDING
&
CIVIL ENGThTEERING
WORKS
Fourth Edition (Arabic) – September 1999
Penalties for
47.
Delay
‘j
/-1 , A-hVYl e ~
Jl~l
ff’tC’
Page 5
1. If the Contractor shall fail to achieve completion of the Works
within the time prescribed by Clause 43 hereof, or such
extended time as may pe allowed under Clause 44 hereof,
then the Contractor shall pay to the Employer the swn stated
in the Appendix to the Tender as a penalty for such default for
every day or part of a day which shall elapse between the time
prescribed by Clause 43 hereof or the extended time as the
case may be and the date of certified completion of the Works
to a maximwn of 10% of contract value. The Employer may,
without prejudice to any .other method of recovery, deduct the
amount of such penalties from any monies in his hands, due
or which may become due to the Contractor. The payment or
deduction of such penalties shall not relieve the Contractor
from his obligation to complete the Works, or from any other
of his obligations and liabilities under the Contract.
STANDARD DOCUMENTS
FOR
BUILDING
&
CIVIL ENGINEERING
WORKS
Fourth Edition (Arabic) – September 1999
–
APPENDIX TO THE FORM OF TENDER
CLAUSE
1. Ruling Language
5 (1) (a) The language in which the Contract
Documents have been drafted.
2. Amount of Performance Bond or Guarantee : 10
5% of the Contract Value
3. Minimum Amount of Third Party Insurance : 23 (2)
R.O. . . . . . . . . . . .
4. Period for Commencement from Engineers
order to commence
41
.. .days.
5. Time for completion
43
. . .days.
6. Amount of Penalties for Delay
7. Period of Maintenance
47 (1)
49 (1)
B. Quantities
55
R.O. . . . . . . . .
365 days.
Estimated Quantities*
Actual and Correct Quantities*
56
9. Percentage for Adjustment of P.C. sums
contained within provisional sums.
. . . . per day.
59 (4) (c)
· . . . . . . .. . . . . . . . . per cent
10. Advance Payment
60 (2)
11. Recovery of Advance
60 (4) (b) 1CJ’Io of the Total Interim Certificate
10% of tlle Contract Value excluding
Sums for Contingencies.
Value upto the amount oftheAdvance.
60 (4) (b) BCJ’Io of the net value delivered to site.
60 (4)
R.O. ..
12. Payment for Materials at Site
13. MinimuJ7l Amount of Monthly Interim
Certificate
14. Time within which payment is to be made
after Certificate
60 (5) (a) 60 days.
15. Percentage of Retention Money
60 (7)
60 (7)
60 (8)
16. Limit of Retention Money
17. Payment of Retention Money
19. Cash flow
198
5% of Contract Value.
5CJ’Io upon issue of the Certificate of
Completion 5CJ’Io after the Period of
Maintenance.
60 (9)
60 (13)
18. Interest foe delay of payment
Yearly Cash F1ow
1OOio of the Gross Interim Certificate.
198
7% per annum.
198
198
198
198
Percentage of
Contract ……………………………… %……………… %……………. %……………. %…………….. %…………….. %…. .
Value
·
Dated this . . . . . . . . . . . . . . . . . . . . . . . day of . . . . . . . . . . .
Signature . . . . . . . . . . . . . . . . . . . . . . . in capacity of … .
Duly authorised to sign Tenders for and on bellal£ of . .. .. . … .
(IN BLOCK CAPITALS)
Witness . .. .
Address. . . . . . . . . . . . .. . .
Occupation .
*
(Delete where not applicable)
2
198……. .
FORM OF AGREEMENT
. . dayof . . .
THIS AGREEMENT made the. .
~~EE~ .
.198…… .
… .. .. . . .. . . .. .
(hereinafter called “the Employer”) of the one part and. . . . . . . . . . . . . . .. . . . . . . . . . . . . . .
.. . .. . . . . .. . . . . .. . .. . . . . . . .
of . . . . . . .. . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . (hereinafter called
“the Contractor”) of the other part.
WHEREAS the Employer is desirous that certain works should be executed viz :
and has accepted a Tender by the Contractor as summarised at Appendix B “Summary of Contract
VaJ.ue” for the execution, completion and maintenance of such Works NOW THIS AGREEMENT
WITNESSETH as follows : 1. In this Agreement words and expressions shall have the same meanings as are respectively
UJigned to them in the S tandard Conditions of Contract hereinafter referred to.
2. The following documents shall be deemed to form and be read and.construed as part of this
Agreement viz : The said Tender
The Standard Conditions of Contract
The Drawings
The Specification
The Bill of Quantities *
The Schedule of Rates and Prices*
The Lett~ of A~eptance
**
3. In consideration of the payments to be made by the Employer to the Contractor as hereinafter
mentioned the Contractor h~eby covenants with the Employer to execute, complete and maintain the
Works in conformity in all respec ts with the provisions of the Contract.
.·
4. The Employer hereby covenants to pay the Contractor in coosidemtion of the execution,
completion and maintenance of the Works the Contract Price at the times and in the manner prescribed
by the Contract and as stated in the Cash flow contained in the Appendix to the Tender.
*
**
Delete wh~e not applicable
Other additional documents as required
3
m
WITNESS whered the pcrties hemto have hereunder set their respective hands and seals on
the day a11d year first above written.
Signed by a duly authorized Signatory for and on
behaf of the Government of the Sultanate of Onan
Witness . . . . . . . . . . . . . . . . . . . . . …. . . .
Miruster of Public Works
Witness . . ..
Signed by a duly authorized Si~atory for and on
behalf of the Contractor
Witness . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ratified in a::cordanoe with the Sultarti
Docme No. 48176 as amended
Under Secretary
Ministry of Finance and Economy
Financial Affairs
The Deputy Prime Minister
for Financial & Economic Affair
4
APPENDIX “A” TO FORM OF AGREEMENT
CONSTITUTION OF COMPANY
1.
In terfla tiona] Companies:
The Contractor shall prior to the signature of the Form of Agreement submit notarially authenticated copies of the original documents defining the constitution of the Company, powers of
attorney and other relevant documents. In the case of a Partnership or Firm these documents shall
be duly authenticated extracts from the partnership deed or other documents. These documents
shall also show by what persons and what manner contracts may be entered into and what persons
are directly responsible for the due execution of such contracts and can give valid receipts together
with specimens of their signatures.
An overseas power of attorney of a foreign signatory to the Tender shall have been endorsed by an
approved Omani authority (such as an Embassy).
A Contractor intending to undertake the Contract JOintly with or in association with another tum
or firms including firms or persons acting in an advisory or consultative capacity shall submit a
statement showing how the contract commitment will be undertaken and the exact relationship
between each of the parties.
The name and address of the Contractor’s agent resident in Oman (if applicable).
2.
Omani Companies:
The Contractor shall prior to the signature of the Form of Agreement submit details of the nature
of the company, i.e., partnership, limited liabil{ty, joint venture, joint stock, together with the
commerctal registration number. These documents shall also show by what persons and in what
manner contracts may be entered into and what persons are directly responsible for the due
execution of such contracts ·a nd can give valid receipts together with specimens of their siunatures.
5
APPENDIX “B” TO FORM OF AGREEMENT
SUMMARY OF CONTRACT VALUE
DESCRIPTION
BILL No.
1
R.O.
2
R.O.
3
R.O.
4
R.O.
5
6
7
R.O.
R.O.
8
R.O.
9
R.O.
10
R.O.
11
R.O.
12
R.O.
13
R.O.
R.O.
RO.
RO.
R.O.
R.O.
R.O.
R.O.
R.O.
TOTAL CONTRACT VALUE
R.O.
– Value of Preliminaries
– Value of Measured Works
– Value of Provisional Sums
-Value of Dayworks
– Value ofContingencies
R.O.
R.O.
TOTAL CONTRACT VALUE
R.O.
6
R.O.
R.O.
R.O.
STANDARD CONDI’TIONS OF CONTRACT
TABLE OF CONTENTS
DEFINITIONS AND INTERPRETATION
CLAUSE
1.
(1)
(2)
(3)
(4)
PAGE
13
15
15
15
Definitions
Singular and Plural
Marginal Notes
Cost
ENGINEER AND ENGINEER’S REPRESENTATNE
2. (1)
(2)
Duties and Powers of Engineer
Duties and Powers of Engineer’s Representative
15
15
ASSIGNMENT AND SUB-LETTING
3.
16
16
Assignment
Sub-letting
4.
CONTRACT DOCUMENTS
5. (1)
(2)
6. (1)
(2)
(3)
(4)
7.
Language and Law
Documents Mutually Explanatory
Custody of Drawings and Specification
One copy of Drawings and Specification to be kept on Site
Disruption of Progress
Delays and cost of delay of Drawings
Further Drawings and Instructions
16
16
16
16
17
17
17
GENERAL OBLIGATIONS
8.
9.
10.
11.
12.
(1)
(2)
(3)
13.
14.
15.
16.
17.
(1)
(2)
18.
Contractor’s General Responsibilities
Form of Agreement
Performance Bond or Guarantee
Inspection of Site
. Sufficiency of Tender
Errors in Computing Tender
Adverse Physical Conditions and Artificial Obstructions
Work to be to the Satisfaction of Engineer
Detailed Programme to be Furnished
Con tractor’s Superintendence
Contractor’s Employees
Setting Out
Notice
Boreholes and Exploratory Excavation
7
17
17
17
18
18
18
18
19
19
19
20
20
21
21
‘
STANDARD CONDITIONS – Continued
CLAUSE
19.
20. (1)
(2)
(3)
(4)
21.
22. (1)
(2)
(3)
23. (1)
(2)
(3)
24. (1)
(2)
25. (1)
(2)
26.
27.
28.
29.
30. (1)
(2)
(3)
(4)
31.
32.
33.
PAGE
Safety and Security
Care of Works
Responsibility for Reinstatement
Excepted Risks
Reinstatement and Compensation for
Damage to Persons or Property
Insurance of Works, etc.
Damage to Persons and Property
Indemnity by Employer
Members of Employees staff, etc. not Personally liable
Third Party Insurance
Minimum Amount of Third Party Insurance
Provision to Indemnify Employer
Accident or Injury to Workmen
Insurance against kcident, etc. to Workmen
Notification by Contractor
Remedy on Contractor’s Failure to Insure …. ..
Compliance with Laws, Rules and Regulations
Fossils, etc.
Patent Rights and Royalties
Interference with Traffic and Adjoining Properties
Extraordinary Traffic
Special Loads
Settlement of Extraordinary Traffic Claims
Waterborne Traffic
Opportunities for Other Contractors
Contractor to Keep Site Clear
Clearance of Site on Completion
21
21
21
22
22
22
23
23
24
24
24
24
24
25
25
25
25
26
26
26
26
26
27
27
27
27
27
LABOUR
34. (1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
35.
28
28
28
28
28
28
28
28
28
Engagement of Labour
Supply of Water
Alcoholic Liquor or Drugs
Anns and Ammunition
Festivals and Religious Customs
Epidemics
Disorderly Conduct, etc.
Observance by Sub-Contractors
Returns of Labour, etc.
M.A TERIALS AND WORKMANSHIP
36. (1)
Quality of Materials and Workmanship and Tests
(a) (b) Conditions of Purchase of Machinery Materials an:l Equipmenl
8
28
29
STA.l’lDARD CONDITIONS – Continued
CLAUSE
36. (2)
(3)
(4)
(5)
37.
38. (1)
(2)
39. (1)
(2)
40. (1)
(2)
PAGE
Tests of Quality
Cost of Samples
Cost of Tests
Cost of Tests no t provided for, etc.
Inspection of Operations ……
Examination of Work before Covering up
Uncovering and Making Openings
Removal of Improper Work and ,Materials
Default of Contractor in Compliance
Suspension of Work
Suspension Lasting more than 90 days
29
29
29
29
30
30
30
30
30
31
31-
COMMENCEMENT TIME, PROCEDURES AND DELAYS
41.
42. (1)
(2)
(3)
43.
44.
45.
46.
47. (1)
(2)
48. (1)
(2)
Commencement of Works
Possession of Site
Wayleaves, etc.
Use of Site
Time for Completion
Extension of Time for Completion
No Night or Friday Work
Rate of Progress
Penal ties for Delay
Reduction of Penalties
Certification of Completion of Works
Certification of Completion by Stages
31
31
32
32
32
32
33
33
33
33
34
34
MAINTENANCE AND DEFECTS
49. (1)
(2)
(3)
(4)
50.
Definition of Period of Maintenance
Execution of Work of Repair, etc.
Cost of Execu don of Work of Repair, etc.
Remedy on Contractor’s Failure to carry out work required
Contractor to Search
35
35
35
35
35
ALTERATIONS, ADDITIONS AND OMISSIONS
51. (1)
(2)
52. (1)
(2)
(3)
(4)
(5)
Variations
Orders for Variations to be in Writing
Valuation of Variations
Power of Engineer to Fix Rates
Variations Exceeding 10 percent
Dayworks
Clai.rns
9
36
36
36
37
37
37
38
‘
STANDARD CONDITIONS- Continued
CLAUSE
PAGE
PLANT, TEMPORARY WORKS AND MATERIALS
53.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
54.
Plant, etc. Definitions
Vesting of Plant
Conditions and Hire of Plant
Costs for purposes of Clause 63
Notification of Plant Ownership
Hire and Hire Purchase Payments by Employer
Irremovability of.Plant, etc.
Revesting and Removal of Plant, etc.
Disposal of Plant
Liability or Loss or Injury to Plant
Incorporation of Clause in Sub-Contracts
Port Dues
Re-export of Plant
Customs Clearance
Approval of Materials, etc. not implied
38
39
39
39
39
39
40
40
40
40
40
40
41
41
41
QUANTITIES
41
42
42
Estimated Quantities
Actual and Correct Quantities
Method of Measurement
55.
56.
57.
PROVISIONAL SUMS
58. (1)
(2)
(3)
42
42
43
Definition of “Provisional Sum”
Use of Provisional Sums
Production of Vouchers, etc.
NOMINATED SUB-CONTRACTORS
59. (1)
(2)
(3)
(4)
(5)
(6)
Definition of “Nominated Sub-Contractors” ……
Nominated Sub-Contractors, Objection to Nomination
Design Requirements to be Expressly Stated
Payments to Nominated Sub-Contractors
Certification of Payments to Nominated Sub-Contractors
Assignment of Nominated Sub-Contractor’s Obligations
43
43
44
44
44
45
CERTIFICATES AND PAYMENT
60. (1)
(2)
(3)
(4)
(5)
45
45
46
46
47
Certificates and Payment ······
Advance Payment Certificate
Monthly Statements
Monthly Certificates
Monthly Payments
10
STANDARD CONDITIONS · Contin ued
CLAUSE
60. (6)
(7)
(8}
(9}
(10)
(11)
(12)
(13)
61.
62. (1)
(2)
(3)
PAGE
47
Final Account
Retention
Payment of Retention Money
Overdue Payment
Correction and Witholding of Certificates
Retention on Sub-Contr
Purchase answer to see full
attachment
