Government of the Kingdom of Lesotho. Ministry of Public Works and Transport. Principal Building Agreement

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1 Government of the Kingdom of Lesotho Ministry of Public Works and Transport Project Employer Contractor Contract Date Contract No Principal Building Agreement MINISTRY OF PUBLIC WORKS & TRANSPORT BUILDING DESIGN SERVICES P.O. BOX 330 MASERU, LESOTHO

2 Government of Lesotho Ministry Of Public Works and Transport Contract Data To be used in conjunction with the Joint Building Contracts Committee Principal Building Agreement - Edition 6.0 Preface From 2012 all building contracts issued by the Lesotho Government Ministry of Public Works and Transport shall comply with the provisions of JBCC Agreements, associated Contract Data, JBCC certificates and forms Application of JBCC Contract Documents in Lesotho JBCC documents are compiled in the interests of standardisation and portray the consensus view of the Joint Building Contracts Committee of good practice and an equitable distribution of contractual risk for use in Africa The definitions contained in the JBCC Principal Building Agreement apply to this document. The word or phrase of a definition in bold type in the text shall bear the meaning assigned to it in such Agreement. Where a word or phrase is not in bold type it shall bear the meaning consistent with the context of its use. Clauses numbers in the Contract Data printed in [square brackets] e.g. [1.3.2].refer to the JBCC Principal Building Agreement The JBCC Principal Building Agreement, the JBCC Subcontract Agreement and respective Contract Data Edition 6.0 have been coordinated with JBCC certificates and support documents. Forms from previous editions are not compatible with Edition 6 This contract data contains unique requirements applicable to projects of the Lesotho Government Ministry of Public Works and Transport and variables referred to in the Principal Building Agreement. The information provided in this document by the principal agent on behalf of the Lesotho Government Ministry of Public Works and Transport is complete and accurate at the time of calling for tenders. Where additional information becomes available, all tenderers will be informed in writing. Spaces requiring information must be filled in, marked not applicable but not left blank. This completed contract data on submission by the contractor becomes the form of tender. Where the contractor is appointed, the contract documents comprise this completed contract data, the signed JBCC Principal Building Agreement, the priced document, drawings and other listed documents Copyright Reserved The Joint Building Contracts Committee claims authorship of this work in terms of the Copyright Act No 98 of 1978 as amended. All rights are reserved. No part of this publication may be reproduced, stored in any retrieval system, or transmitted, in any form or by any means, without the prior written permission of the Joint Building Contracts Committee. Unauthorised reproduction of the work is an infringement of the copyright and judicial proceedings can and will be instituted to obtain relief and the recovery of damages TABLE OF CONTENTS Section Description Page 1.0 Employer Agents Contract Documents Project and site information Insurances Programme Practical Completion Specialist Subcontractors and/or Direct Contractors Payments Preliminaries and Security Contract Administration The Tender 8 Page 1 of 8 Pages

3 1.0 Employer details Name of company Entity description The Building Design Services Moshoeshoe Road, Maseru - Lesotho PO Box 330, Maseru - Lesotho O Box AGENTS Principal Agent Agent 1 - Discipline Agent 2 - Discipline Agent 3 - Discipline Page 2 of 8 Pages

4 Agent 4 - Discipline Agent 5 Discipline AGENT S INTEREST in this project other than provision of a professional service [6.4] Interest If applicable provide details:- Interest If applicable provide details:- Agents or Practices operating as a joint venture for this project shall provide a copy of such cooperation agreement to the employer for reference 3.0 CONTRACT DOCUMENTS [5.0] Description Identification Comments Action by Lesotho JBCC Contract Data Ed 6.0 Marked This document Contractor JBCC PBA Edition 6.0 Marked Original unaltered JBCC PBA Parties Tender document incl. specification and priced bill of quantities Employer Contract drawings Employer Proof of insurances / copy of policy Provide < 21 calendar days Contractor Construction Guarantee Provide < 21 calendar days Contractor Other Other Other Other Date for all completed returnable documents Date to sign the Agreement Where returnable documents are not received by the due date the employer may withhold payment until receipt thereof Bills of Quantities Provisional? Accurate? System of measurement used: Original signed Contract documents held by Construction documents supplied free of charge: Un-priced BoQ, Specification: 2 or Drawings, 3 or Other, Other, Government of Lesotho: Ministry of Public Works and Transport The Director, Building Design Services Page 3 of 8 Pages

5 4.0 PROJECT AND SITE INFORMATION [12.1] WORKS DESCRIPTION Project number / Name Description Preparatory work by others SITE INFORMATION Site Plot No / Township / City Local Authority Street access from Restricted areas of site + description Yes / No? Existing premises in use + description Existing services + description Retained/relocated/terminated Features to be preserved Environmental Impact Assessment Required: Yes / No? Included: Yes/No? Approval to demolish Required: Yes / No? Included: Yes/No? Geo Technical report Required: Yes / No? Included: Yes/No? Approved Site Development Plan Required: Yes / No? Included: Yes/No? Approved Building Plans + Notice Required: Yes / No? Included: Yes/No? PROVISION OF TEMPORARY SERVICES Water Free to Contractor Electricity Free to Contractor Ablutions Free to Contractor Contractor s cost Contractor s cost Contractor s cost Contractor pays metered charge Contractor pays metered charge 5.0 INSURANCES [10] Contract works insurance: Contractor Employer Amount: Work by direct contractor(s) Amount: Public liability insurance Contractor Employer Amount: Supplementary insurance Contractor Employer Amount: Support insurance Contractor Employer Amount: Deductible: Deductible: Deductible: Deductible: 6.0 PROGRAMME [12.2.6/7] Time of the essence: No?/ if yes Programme part of the Agreement? Programming software to be used Reporting per base programme Updates Yes/No? Yes/No? Every meeting Every meeting Page 4 of 8 Pages

6 7.0 PRACTICAL COMPLETION [18.0] PRACTICAL COMPLETION: The stage of completion as certified by the principal agent where the works, or a section thereof, is substantially complete and can effectively be used for the intended purpose FINAL COMPLETION The stage of completion as certified by the principal agent where the works is free of all defects Defects Liability Period (Variation from PBA Ed 6.0 [20.1]) Commence on the date of Final Completion and end at midnight (00:00) one hundred and eighty (180) calendar days from such date. Should no heavy rain fall during this period the DLP liability shall be extended by the principal agent as necessary to permit testing of the roof Possession of site: Specified non working days: Practical Completion of the works as a whole, or Intended Date: Agreed date: Start work within calendar days: Intended date: Damages / calendar day: Maximum Damages amount Practical completion in sections Date: Damages amount: Section 1: Section 2: Section 3: Section 4: Section 5: Certificate of Occupation Operating instructions, warranties, as built information Collection of and hand over to the principal agent by all contractors of compliance certificates required to obtain a Certificate of Occupation Collection of and hand over to the principal agent by contractor of operating instructions / warranties for the employer s reference, and information for agents to produce as built documentation Page 5 of 8 Pages

7 8.0 SPECIALIST SUBCONTRACTORS or DIRECT CONTRACTORS [14.0, 15.0] Specialist contractor 1: Specialist contractor 2: Specialist contractor 3: Specialist contractor 4: Specialist contractor 5: Specialist contractor 6: Specialist contractor 7: Specialist contractor 8: Possible programme implications: Contractor s special attendance: 9.0 PAYMENTS [24.0] Currency: Lesotho Maloti Valuation Cycle if not monthly, state: Due date of a Certificate in a period Payment period: Thirty (30) calendar days from date of issue of a payment certificate Interest rate used Central Bank of Lesotho on 1 st day of every month Contract price subject to escalation Yes / No? Not applicable Price Adjustment Provisions Method Not applicable Base date Not applicable Interim Payment - Materials and Goods (MoPWT variation from PBA Ed 6.0 [24.3.2]) Materials and goods certified by the principal agent that are; Not prematurely delivered or offered for delivery; Prematurely delivered or offered for delivery where the placing of an order was in terms of a contract instruction by the principal agent: Stored and protected against loss or damage; Covered by insurance [10.1] Covered by an approved security or subject to an agreement on the transfer of ownership thereof to the employer on a Transfer of Ownership form where stored off the site and covered by insurance and protected against loss or damage Retention may be withheld in each interim payment certificate at ten per cent (10%) until the sum retained is equal to 5% of the contract sum, (the maximum retention amount). This maximum retention amount will be retained in interim payment certificates issued up to the date of practical completion. 2.5% will be released on the date of practical completion and the remaining 2.5% will be released in the final payment certificate Final Account (MoPWT variation from PBA Ed 6.0 [27.2, 3]) The principal agent shall allow the employer twenty (20) calendar days within the 120 calendar days to accept the final account before presentation to the contractor for acceptance Page 6 of 8 Pages

8 10.0 PRELIMINARIES and SECURITY [11.0] TENDERER Preliminaries Payment of preliminaries Option A: Assessed by principal agent, amount pro rated as preliminaries to the contract sum, (incl VAT), excluding preliminaries / contingency sum / (Price Adjustments) Option B: Calculated per BoQ or priced document by principal agent and contractor to identify initial establishment / a monthly charge / disestablishment Where the construction period is extended the monthly charge is revised according to the original method taking into account amounts already paid Adjustment of preliminaries Option A: Contractor to provide a tabulated breakdown within twenty one (21) calendar days of site possession: - Amount which shall not be varied - Amount varied in proportion contract value to contract sum - Amount varied in proportion to the construction period compared to the initial construction period for which the contractor is not entitled to an adjustment Where such information is not provided the following subdivision shall be deemed to apply: - 10% of the amount shall not be varied - 15% varied in proportion contract value to contract sum - 75% varied in proportion to the revised construction period compared to the initial construction period Option B: Contractor to provide a detailed tabulated breakdown related to the construction period within twenty one (21) calendar days of site possession Payment Security Yes / No? Not applicable Amount: Not applicable Service provider: Fixed Construction Security Yes / No? Amount Service provider: Variable Construction Security Yes / No? Amount Security Payment reduction Yes 10% of interim payments until 5% of contract sum, thereafter maximum retention of 5% of contract sum Advance Payment Security Yes / No? Not applicable Amount Service provider: 11.0 ADMINISTRATION [2.0, 33.0] PRINCIPAL AGENT PARTIES Applicable law: All communication in English, or Legislation not applicable to this project referred to in the JBCC PBA Use of specific computer software: Lesotho South African Penalties Act not applicable, substitute proven Damages amount for Penalties Changes to the original JBCC Principal Building Agreement -Confirm Professional Indemnity Insurance notified: The following changes have been made under authority of the Joint Building Contracts Committee ( ): * Use calendar days throughout = 3/5/10/15/20/30 working days = 5/7/14/21/28/42 calendar days * Clause 20.1 Defects Liability Period = one hundred and eighty (180) calendar days * Clause Payment of materials and goods Omit = provision of an Advance Payment Security, add Withholding of retention on interim certificates at 10% until 5% of the contract sum is reached * Clause 27.1 add provision for the employer to accept the final account before presentation to the contractor * The Government of Lesotho MoPWT does not provide a Payment Security nor provide pay deposits * All insurances must be provided by the contractor Either party may terminate this agreement forthwith on proof that other party has materially misrepresented any facts in order to influence any selection process or the execution of a contract or by offering, giving, receiving or soliciting anything of value with a view to influencing the behaviour or action of anyone, directly or indirectly, in any selection process or in the conduct of this agreement Dispute resolution body chosen Adjudication rules: Arbitration rules: Nominated Mediator Nominated Adjudicator Nominated Arbitrator Page 7 of 8 Pages

9 12.0 THE TENDER Tender opening: Date Tender opening: Time Tender opening: Place Public Tender opening? Alternative Tender proposal Not acceptable? Only if original bid submitted? Tender form The priced Bill of Quantities, and this Delivered by hand? form, duly completed and signed In electronic format? Yes No TENDERER Contractor s annual holiday period Year 1 From until: Contractor s annual holiday period Year 2 From until: Further documents attached marked Lowest tender The lowest or any tender will not necessarily be accepted Tender validity period Ninety (90) calendar days from date of tender Currency Lesotho Maloti Builder s work Add Budgetary Allowances Add Contingency Sum Sub Total Add Tax (14%) All inclusive Tender sum In words Any provision in this agreement that may confer any benefit or right in favour of any subcontractor shall be binding upon the parties and capable of acceptance by such subcontractor at any time. By the submission of this tender to the Government of Lesotho - Ministry of Public Works and Transport the tenderer offers and agrees to execute and complete the works and remedy any defects in conformity with the specification for payment in instalments of the stated tender sum TENDERER Print name Capacity Signature (black ink) Date Location Company stamp Name of signatory: Capacity - for and on behalf of the tenderer warrants authority thereto WITNESS 1 Print name Signature (black ink) WITNESS 2 Print name Signature TENDERER Contractor details Name of company Entity description Public Company Private Company Personal capacity Registration / Identity number Tax / VAT registration number Auditors Bank BIC (SWIFT) Account holder Account number Branch code Page 8 of 8 Pages

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