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FIDIC Yellow Book

Design Workshop
Presented
By
Barry Clayton
Paul Adu
4 November 2009
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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

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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 Employers 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 Employers
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
Employers Requirements or these items of reference.

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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.
5.4
Technical Standards and
Regulations
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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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CL- JV Contract Addendum 8 Key Points

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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CL- JV Contract Addendum 8 Key Points

Engineer shall review and consent/qualify or reject the Contractor's


design 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


Points
Design 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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CL-JV Contract Addendum 8 Key


Points

Drawings
The 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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CL-JV Contract Addendum 8 Key


Points

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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CL- JV Contract Addendum 8 Key Points

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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CL- JV Contract Addendum 8 Key Points

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 Requirements


Description

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 Contractors scope of work shall include, but not be limited to, the
following:

Full development and completion of the design intent conveyed in


the Employers 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 Employers 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 Contractors
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

Scope

Design Deliverables

CL-JV Contractor

Design Review Procedures

CL-JV Contractor

Reporting

CL-JV Contractor

Standard Checklists

CL-JV Contractor

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CL-JV Contractor
CL-JV Contractor

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

*Pre submittal Review Meetings 4 to 6


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

*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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Should the
submission be
rejected by the
Engineer/Submitt
als Committee,
The Contractor
shall then have 7
days to revise and
resubmit the
submission.
If Revision is
necessary The
Contractor shall
allow a further 14
days for the
Engineer/Submitta
ls Committee to
review and
comment.

Questions & Answers

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