NOTES ON LINES B AND C

The contractor carried out works on the above sewer lines and were measured and included in IPC No 5 for certification and payment. However, the Engineer noted that works done did not qualify to be paid under the items in the Bill of Quantities as there was no relevant item. In his letter, the Resident Engineer recommended that the contractor raises a claim for reimbursement for the works carried out for consideration by the Engineer. Consequently, the contractor raised the issue with the Engineer in his letter NWSB/GSP/LBC/2010/23/11 of 23rd November 2010 claiming that the rate inserted for these works were rendered inappropriate and that the Engineer should establish applicable rates as provided for in the contract. On the 15th December 2010, the contractor in his letter GSP/SA/2010/12/15 sent a reminder to the Engineer seeking his decision on the on the issue raised before him. No response was received and the contractor again in his letter NWSB/GSP/LBC/2011/03/02/(12) of 3rd February 2011 sent yet another reminder to the Engineer on the same matter. On the 9th February 2011, the Resident Engineer, in his letter RE/GSP/MSC/(063) of 4th February 2011 responded to the contactors letter of 3rd February 2011 advising that the contractor had been compensated fully for the works carried on sewer lines B and C and that any works carried out by the contractor in the construction and maintenance of the deviation through Aerodromes property was a private matter between the Site Agent and the Officer-In-Charge of the Garissa Airstrip. In response to the Resident Engineers letter, the contractor in his letter GSP/SA/2011/9/2 of 9th February 2011 informed the RE that the matter had been referred to the Engineer for his adjudication and hence was out his hands. In his letter NWSB/WP/7 Vol. VIII/(31) of 12th May 2011, the Engineer advised the contractor that the issue raised was adequately compensated in the various items in the Bill of Quantities and that the matter of a deviation through Aerodromes property was a private arrangement between the contractor and the Officer-In-Charge of the Airstrip. The contractor was not satisfied by the Engineers ruling and then appealed through his letter GSP/SA/31/5/2011 of 31st May 2011 and the matter has not been reviewed since. Contractors contention for additional compensation The bone of contention was compensation for Item K732 and K731 for Breaking up, temporary and permanent reinstatement of murram roads for sewer lines B and C respectively. The BOQ provision for these items were K732 10 m and K731 25 m. In arriving at these quantities, the designer anticipated that the sewer line will follow in its entirety along the road reserve and only cross the road at minimal sections. Thus the reason for providing minimal quantities for these items. It is also normal practice that other services are located along the road reserve with the permission of the relevant authority in charge of such roads.

In preparation of his tender, the contractor anticipated that any crossing of roads on lines B and C; and indeed any other sewer lines will be minimal and any deviation to be provided for passage of traffic will be limited. This is corroborated by the minimal quantities inserted in the BOQ. Therefore, the contractor did not expect to construct and maintain such lengths of deviation for passage of traffic. No experienced contractor would expected such a scenario to happen. At the time of execution of the project, permanent developments had been established along the design alignment and became apparent that the alignment had to be changed to accommodate these new developments. Due to these developments, it became envitable that the only viable solution was the sewer line to follow the road in these sections. Sewer line C from MHC21 to MHC9 for a distance of 670, followed the road which is heavily plied by both private and public vehicles. The road section affected was closed to all traffic before any activities could be carried. The contractor had no alternative but to provide a deviation through the Aerodromes property. In order to construct the deviation, the contractor had to seek for the authority of the owner, the Officer-In-Charge Garissa Airstrip. This was a private arrangement but for the good of the project under the prevailing conditions. After receiving a no objection, the contractor opened sections of the perimeter fence and constructed a deviation of 1000m through bushy area by use of equipment. It only construction of the deviation that the contractor could close the road for sewer construction activities to start. The contractor continued to maintain the deviation for the entire period that works were ongoing in this section. At the end of the construction, the contractor reinstated the deviation and also the perimeter fence. In process of construction of this sewer line, a section of the Meteorological department perimeter fence of chain link on concrete posts. In sewer line B, the contractor had to follow pipeline alignment which was damaged in various section during the of construction of the sewer. These damages were unavoidable as the alignment was similar and there was no available space either for permanent and/or temporary relocation of the pipeline. Damages to the pipeline occasioned caving in of the trenches and resulting in the contractor executing additional works which otherwise would have been avoided if relocation of the pipeline was done These additional costs are not captured by the items provided in the BOQ and hence the for establishing a suitable item and rate to compensate the contractor adequately. Costs incurred The contractor incurred costs in deployment of the following resources; a) b) c) d) e) f) g) D6 Bull dozer Motor Grader Compactor Wheel Loader Tipper Truck Water Bowser Excavator

h) i) j) k) l)

Plant operators Drivers Skilled and unskilled labour Fencing posts (wooden/concrete) and other materials.