claims for extra works lines b and c
TRANSCRIPT
-
7/28/2019 Claims for Extra Works Lines B and C
1/3
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 andpermanent 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.
-
7/28/2019 Claims for Extra Works Lines B and C
2/3
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 similarand 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) D6 Bull dozerb) Motor Graderc) Compactord) Wheel Loadere) Tipper Truckf) Water Bowserg) Excavator
-
7/28/2019 Claims for Extra Works Lines B and C
3/3
h) Plant operatorsi) Driversj) Skilled and unskilled labourk) Fencing posts (wooden/concrete)l) and other materials.