Republic of Botswana

CONTRACT PART 1 AGREEMENTS & CONTRACT DATA

CONTRACT DATA FOR FIDIC RED BOOK 1ST EDITION 1999

The Conditions of Contract are

Conditions of Contract for Construction for Building and Engineering Works Designed by the Employer First Edition 1999, (The Red Book) available separately from the International Federation of Consulting Engineers (FIDIC).

The Appendix to Tender

Notes: 1. With the exception of the items for which the Employers requirements have been inserted, the following information must be completed by the tenderer before the Tender is submitted 2. The person who signs the Tender shall initial each page of this Appendix.

Sub-Clause

Item and data Drafting Instructions to the Procuring Department Comply with instructions given below in this column for options (in bold type face) that may be deleted Complete form fields in left hand column by double clicking on spaces provided and inserting data per guidance in this column. When completed, delete this right column and drag this line to right hand boundary. Adjust column spacing and set page breaks as appropriate.

1.1.2.2 & 1.3 Employers name and address

1.1.2.3 & 1.3 Contractors name and address 1.1.2.4 & 1.3 Engineers name and address

1.1.3.3 Time for Completion of the Works is days 1.1.3.7 Defects Notification Period is days. 1.3 Electronic transmission systems for communications shall be as follows: Governing Law is the Law of the Republic of Botswana. Insert appropriate time, usually 365 days State the requirements to be in context with clause 1.3(a) This will only need to be changed if the contractor will not accept Botswana law. Data completed Data completed

1.4

1.4 1.4

Ruling Language is English. Language for communications English.

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2.1 4.2

Time for access to the Site is days after Commencement Date. Amount of Performance Security is % of the Accepted Contract Amount, in the currencies and proportions in which the Contract Price is payable. Normal working hours are . Typical amount is 10%, but this may be greater for highly technical projects. Be careful not to be too restrictive as the same hours may be used in claims for extensions of time. A rate lower than 0.1% is typical, as higher rates are factored into the contractors prices. A rate of 15% is typical Delete this row if there are no provisional sums Read clause 13.5 carefully before deciding on the percentage Delete as instructed below if clause 13.8 does not apply

6.5

8.7 & 14.15 (b) Delay damages for the Works are % of the final Contract Price per day, in the currencies and proportions in which the Contract Price is payable. 8.7 Maximum amount of delay damages is % of the final Contract Price.

13.5 (b) Percentage for adjustment of Provisional Sums is %.

13.8

Adjustments for Changes in Cost; Table(s) of adjustment data for payments each month / [YEAR] in __________ currency Country of origin & currency of index Source of index; Title/definition Value on stated date(s)* Value Date

Coefficient; Scope of index a = 0.10 Fixed b= ____ Labour c = ___ d= e=

If there is to be no adjustment for inflation, and rates and prices are fixed for the duration of the contract, delete these rows.

* These values and dates confirm the definition of each index but do not define Base Date indices. 14.2 Total advance payment % of the Accepted Contract Amount. Number and timing of instalments Currencies and proportions % in % in If no advanced payment is to apply, delete these rows

14.2 (a) Start repayment of advance payment when payments are % of the Accepted Contract Amount less Provisional Sums. 14.2 (b) Repayment amortisation of advance payment %. 14.3 14.3 Percentage of retention is _____ % Limit of Retention Money equals % of the Accepted Contract Amount. These percentages will depend on the nature of possible defects

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14.5 (b) List of Plant and Materials for payment when shipped en route to the Site 14.5 (c) List of Plant & Materials for payment when delivered to the Site 14.6 Minimum amount of Interim Payment Certificates is % of the Accepted Contract Amount.

If Sub-Clause 14.5 applies

14.15. Currency/currencies of payment as named in the Form of Offer and Acceptance are .

If payments are only to be made in a currency/currencies named on the Form of Offer and Acceptance use this row and delete the row below. If some payments are to be made in a currency/currencies not named on the Form of Offer and Acceptance use this row and delete the row above.

14.15

Currencies of payment are

Currency Unit

Percentage payable in the Currency

Rate of exchange: number of Local per unit of Foreign 1.000

Local [name] Foreign: [name]

18.1 Periods for submission of insurance: (a) evidence of insurance days (b) relevant policies days. 18.2 (d) Maximum amount of deductibles for insurance of the Employers risks is 18.3 20.2 20.2 Minimum amount of third party insurance is Date by which the DAB shall be appointed is 28 days after the Commencement Date. The DAB shall be Either one sole Member / adjudicator Or A DAB of three Members Appointment (if not agreed) to be made by the President of FIDIC or a person appointed by the President

20.3

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Definition of Sections: 1.1.5.6 Description 1.1.3.3 Time for Completion 8.7 Delay Damages

If there are Sections:

The Particular Conditions

Clause 1 General Provisions
Sub-Clause 1.1 Definitions 1.1.1.1 is deleted and replaced by, Contract means the Form of Offer and Acceptance, Contract Data, these Conditions, the Specifications, the Drawings, the Schedules, and the further documents (if any), which are listed in the Form of Offer and Acceptance, and further includes drawings and documents or parts thereof, which any of the aforesaid documents incorporate by reference. Contract Agreement means the document called Form of Offer and Acceptance. Letter of Acceptance means that section of the Form of Offer and Acceptance called Acceptance. Letter of Tender means that section of the Form of Offer and Acceptance called Offer. Specification means that document entitled Scope of Work, as included the Contract, and any additions and modifications to the Scope of Work in accordance with the Contract. Such document specifies the Works. Schedules means the document(s) entitled Tender Schedules, completed by the Contractor and submitted with his tender offer, as included in the Contract. Such document(s) may include the Bill of Quantities, data, lists and schedules of rates and / or prices. Tender means that section of the Form of Offer and Acceptance called Offer and all other documents which the Contractor submitted as Returnable Documents, as included in the Contract. Appendix to Tender means the completed section entitled Appendix to Tender included in this Contract Data.

1.1.1.2 is deleted is and replaced by; 1.1.1.3 is deleted and replaced by: 1.1.1.4 is deleted and replaced by 1.1.1.5 is deleted and replaced by

1.1.1.7 is deleted and replaced by

1.1.1.8 is deleted and replaced by:

1.1.1.9 is deleted and replaced by

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Sub-Clause 1.5 Priority of Documents 1.5 is delete and replaced by: The documents forming the Contract are to be taken as mutually explanatory of one another. For the purpose of interpretation, the priority of the documents shall be in accordance with the following sequence: (a) (b) (c) (d) (e) the Form of Offer and Acceptance the Appendix to Tender within the Contract Data the Particular Conditions within the Contract Data these General Conditions, the Specifications, Drawings, Schedules and other documents forming part of the Contract (in that order) contained in the Scope of Work and the Site Information.

If an ambiguity or discrepancy is found in the documents, the Engineer shall issue any necessary clarification or instruction. Add other particular conditions as explained in the Guidance for the Preparation of Particular Conditions located towards the back of the Red Book. It is always good practice to keep such particular conditions to the minimum. Sub-Clause

Ref No. ________

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