fidic design workshop_4 nov 2009 _finalcowi

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FIDIC Yellow BookDesign Workshop

Presented By

Barry Clayton Paul Adu

4 November 20091

Fidic Yellow book Design Workshop

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Content

1. Particulars Conditions of Contract 5.1, 5.4, 5.8

2. CL-JV Obligations Under Addendum 8

3. General Contract Requirements

4. CL-JV/ Contractor Design Review Procedure\

5. Review Timetable

2Fidic Yellow book Design Workshop

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1.Particular Conditions of Contract


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Design-Build Contract Particular Conditions Clause 5.1 The Contractor shall develop and complete, and be

responsible for the design of the Works.

Design shall be prepared by qualified designers who are engineers or other professionals who comply with the criteria (if any) stated in the Employer’s Requirements.

Unless otherwise stated in the Contract, the Contractor shall submit to the Engineer for consent the name and the particulars of each proposed designer and design Subcontractor.


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Clause 5.1 (Continued)

The Contractor warrants that he, his designers and design Subcontractors have the experience and capability necessary for the design.

The Contractor undertakes that the designers shall be available to attend discussions with the Engineer at all reasonable times, until the expiry date of the relevant Defects Notification Period.


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Clause 5.1 (Continued)

Upon receiving notice, under Clause 8.1 [Commencement of Works], the Contractor shall scrutinise the Employer’s Requirements (including design criteria, and calculations, if any) and the items of reference mentioned in Clause 4.7 [Setting Out].

Within the period stated in the Appendix to Tender (28 days), calculated from the Commencement Date, the Contractor shall give notice to the Engineer of any error, fault or other defect found in the Employer’s Requirements or these items of reference.


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5.4 Technical Standards and Regulations

The design, the Contractor's Documents, the execution and the completed Works shall comply with the Country's technical standards, building, construction and environmental Laws, Laws applicable to the product being produced from the Works, and other standards specified in the Employer's Requirements, applicable to the Works, or defined by the applicable Laws.

All these Laws shall, in respect of the Works and each Section, be those prevailing when the Works or Section are taken over by the Employer under Clause 10 [Employer's Taking Over]. References in the Contract to published standards shall be understood to be references to the edition applicable on the Base Date, unless stated otherwise.


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5.4 Technical Standards and Regulations (Continued)

If changed or new applicable standards come into force in the Country after the Base Date, the Contractor shall give notice to the Engineer and (if appropriate) submit proposals for compliance. In the event that:

(a) the Engineer determines that compliance is required, and

(b) the proposals for compliance constitute a variation,

Then the Engineer shall initiate a Variation in accordance with Clause 13 [Variations and Adjustments].


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5.8 Design Errors

If errors, omissions, ambiguities, inconsistencies, inadequacies or other defects are found in the Contractor's Documents, they and the Works shall be corrected at the Contractor's cost, notwithstanding any consent or approval under this Clause.


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2. CL-JV Obligations Under Addendum 8


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CL- JV Contract Addendum 8 - Key Points

Design Review of Contractors' Designs and Design Follow-up

Engineer shall: Review Contractors' designs for Compliance with Employer's

Requirements in FIDIC Yellow Book contracts. Review all key and critical Contractor's submittals including

materials, samples, mock-ups, etc Carry out design follow-up (respond only to queries related to

Employer's Requirements)


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Design Meetings

Engineer's Design Team shall: Participate in design review meetings, chaired by the Engineer,

with the Contractors during the different stages. Attend regular (Weekly) design meetings, chaired by the Engineer,

with the Contractor and his consultants during development of the Detailed Designs.

Assumed that the Contractors' designers will have a continuous presence on the site during design review and the construction.

Above meetings shall be chaired by the Engineer or his delegated assistants.


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Engineer shall review and consent/qualify or reject the Contractor'sdesign submittals through the following stages for each contract: Interim design Detailed design Final Design Issued for Construction


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CL-JV Contract Addendum 8 – Key PointsDesign Review Obligations Prior to execution of the Works for each Contract Package, the

Engineer will review design deliverables and related information provided by the Contractors in accordance with the Contract requirements to assess the followings:-- compliance with Employer's specifications;- relevant standards and Employers requirements;- design intent as defined in the contract documents;- functionality, architectural appearance, performance; specifications ( quality, durability, safety)- compliance with interface requirements;- operation and maintenance criteria and conformity with good practice.- compliance with contractual milestones and programme


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CL-JV Contract Addendum 8 – Key Points

Implications of Engineer's Review

The Engineer will provide comments on, or consent to the Contractors' design in writing,

Such review does not relieve the Contractor in any way from the design responsibility or the adequacy of any measures being proposed.

If such proposals involve amendment of the Employer's requirements for the Works, the Engineer will submit to the Employer a detailed report including a recommendation for either the acceptance or rejection of the proposals.


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DrawingsThe Engineer shall review the key and critical Contractor's Drawings: design, construction, workshop, installation, fabrication and shop drawings

Prepared by the Contractor that are required for execution of the Works. The drawings will be checked against Client's Requirements as described in the Contract Documents.


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Calculations Review the Contractor's calculations* that are required for

execution of the Works.

The calculations will be assessed against the Employer's Requirements as specified in the contract packages.

[*BACL/PAAD Notes – evidence of verification required from Contractor and his designers on each design submittal]


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Specifications

Review the Contractors' specifications* that are required for execution of the Works.

The specifications will be assessed against Employer's Requirements as specified in the contract documents as well as best practice in the region.

[*BACL/PAAD Note – evidence of verification required from Contractor and his designer's on each design submittal]


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Material Approval Sheets (MAS) Review the Contractors' material and equipment submissions. Monitor and check the Contractors' verified* documents to assess

compliance with Employer's Requirement and Check compliance of MAS against design intent as set out in the

contract documents

[*BACL/PAAD Note – evidence of verification required from Contractor and his designer's on each design submittal]


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Addendum 8 Design Follow-up

Under the FIDIC Yellow Book Form of Contract the relevant work discipline responsible from the Engineer's Design Team will participate in project hand-over meetings with Contractors and Contractors' designers and will assist in answering queries related to the tender designs and ensure that the design is adhered to by the Contractors and their designers [ Chaired by the Engineer or his assistants]


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3. GENERAL CONTRACT REQUIREMENTS


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General Contract RequirementsDescription

A. Main Contractor shall carry out and be fully responsible for:– development and completion of design, procurement,

manufacture,– supervision, delivery to site, construction of the works, erection,

testing,– commissioning, maintenance of equipment and remedying of

defects for the facilities in accordance with the Employer's Requirements.


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Contractor's Design Responsibilities

The Contractor’s scope of work shall include, but not be limited to, the following:

Full development and completion of the design intent conveyed in the Employer’s Requirements through defined design stages with formal submissions of:a) Stage 1 - Interim Design.b) Stage 2 - Detailed Design.c) Stage 3 - 'Final Design - Issued for Construction’ Documents.


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Contractor's Acceptance of Employer's Design

The Contractor shall: accept the design intent included in the Employer’s Requirements

as if such design intent had been undertaken by the Contractor himself,

shall take full responsibility for all technical information including design development and detailed design of the Works.

Contractor has 28 days from commencement of the Contract to report any design errors in the Employer's Requirements


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Contractor's Scope of Work

The following parts of the scope of work require the Contractor’s particular attention:1. Developing the Tender Design to Detail Design and issued for construction for all Architectural, Engineering and associated Civil disciplines.2. Cooperation and co-ordination with the Engineer and all engineering disciplines in Muscat during the interim and detailed engineering phase of the project.3. Coordination and interfacing with other Contractors on site.4. Coordination with the specialised Subcontractors, Selected Suppliers and the Employees directly appointed concessionaires and fit-out contractors, where required. 5. The Contractor shall prepare coloured coordination drawings on which all disciplines are superimposed both for floors and ceilings.


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Approval Code for Submissions

Code "A" - Approved with no comments

Code "B" - Approved with comments

Code "C" - Not Approved, re-submit

*CL-JV Forms have been prepared using the word "Accepted" instead of "Approved".


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4. CL-JV/ Contractor Design Review

Procedure


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CL-JV/ Contractor Design Review Procedure

Objective CL-JV Contractor

Scope CL-JV Contractor Design Deliverables CL-JV

Contractor Design Review Procedures CL-JV Contractor Reporting CL-JV

Contractor Standard Checklists CL-JV

Contractor


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Interim Design Stage – Review Requirements

Review Contractor's submittals consisting of documents including: Site plans Plans for each level All elevations Key sections Schedules for door, windows, equipment etc A statistical summary of the design area and other characteristics in

comparison to the program Other illustrative materials – renderings, models, computer simulations, or

additional drawings – needed to present the concept adequately. Drawings: These are typically presented at the smallest scale that can clearly

illustrate the concept, for larger buildings and 1:100 or 1:50 for smaller buildings and interiors.


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Detailed Design Stage – Review Requirements

The deliverables at the end of this phase will include: Plans, sections and elevations of all trades Typical construction details Three dimensional sketches Mock-ups Final materials selection Equipment layouts Schedules of doors, windows, equipment


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Final Design/Issued for Construction Issue Stage – Review Requirements

All Stage 2 Design Documents further developed including incorporation of Engineer's review comments and Stakeholder inputs (if any) from previous stages.


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5. Review Timetable


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Typical Submittal Review Schedule

Should the submission be rejected by the Engineer/Submittals Committee, The Contractor shall then have 7 days to revise and resubmit the submission.

**The Contractor shall allow the Engineer/Submittals Committee 14 days for his review.

If Revision is necessary The Contractor shall allow a further 14 days for the Engineer/Submittals Committee to review and comment.

*Pre submittal Review Meetings 4 to 6 weeks

*Note• CL-JV Green Team Discipline Leads shall facilitate with (where appropriate) ADPi & Stakeholders in attendance.•The objective of the Pre-submittal Review Meetings is to ensure that when a final submittal package is made, no major issues should remain.•The Contractor has to verify during the pre-review process that his proposed submission satisfies the Employer's Requirements** The Contractor provides notice that the submission complies with the Contract.


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Questions & Answers
