Wednesday, February 19, 2014

Methods of Measurements - Lesson 04

How to measure excavation as per CESMM3

Excavation is measured by volume and the quantities are given in the Bill of Quantities in m3. Description features for excavation and a summary of the CESMM notes are given in Table 1. Excavation is measured the net size of the excavated void with no allowance for working space. The volume being that before the material is excavated.
Excavation items do not include filling and compaction. Where the operations include filling and compaction with material excavated on the site, there must be two items one for excavation and one for filling and compaction. Some cases there will be a third item of double handling where double handling of the excavated material is expressly required.
The item descriptions for excavation state what happen to the excavated material when it is excavated whether the material is "for re-use" or "for disposal" (meaning disposal off site or disposal on site), the location of the disposal must be stated. If for disposal on site there is a spreading or other deposition requirement it must be identified in the item description. If there is a filling requirement, such as spreading of the material to designed profiles, a filling and compaction item in addition to the excavation item should be measured.
Unless otherwise stated all excavations are deemed to be in natural material other than top soil or rock and all excavated materials are deemed to be for re-use. The excavation in an item is deemed to start at the Original Surface and finish at the Final Surface. The item descriptions "Excavation of cuttings" or "Excavation of foundations", "General excavation" without further wording, each denoted by application of the provisions above. The material to be excavated is natural material other than top soil or rock, that it is for re-use and that the excavation in the item starts at the Original Surface and finishes at the Final Surface. Works for which separate items are not required are noted in the first panel of Table 2.1 (Source: CESMM).


Excavation of Cuttings
Excavation of cuttings is measured by volume and is given in m3 in the Bill of Quantities. Example of item description for the excavation of the cutting is shown in cross-section in the diagram, Figure 2.1 and Table 2.2. The item description assume :
i) The excavation starts at the Original Surface and finishes at the Final Surface,
ii) There is no top soil at the Original Surface,
iii) All material excavated are for disposal.
The quantity attached to an item would be the volume of the material to be excavated. The excavation of cuttings sometimes require to be measured in stages.- It is normal for a specification to require that the bottom of 150-300mm of the excavation is left, to protect the formation, and excavated immediately prior to the laying of the base material.



Similarly, where is the top soil and it is specified to be excavated separately form other material. The excavation of the top soil is a stage of excavation for which a separate item must be given.
Figure 2.3 and Table 2.2, below shows excavation of the cuttings, in stages. The item descriptions assume :
1.     Top soil 150 mm deep,
2.     Remaining material is natural material, other than top soil or rock, and
The last 150 mm excavation is left to protect the formation and is to be excavated is separate stage.

Excavation For Walls at Sides Of Cuttings

When wall are required at the sides of cuttings, the excavation to accommodate the wall and its backfilling is classified as general excavation. The depth of the excavation being taken down to the formation of the pavement abutting the face of the wall. Any excavation below the pavement level classified as excavation of foundations. This is illustrated in Figure 2.4. Additional detail could be provided by a diagram on the drawings indicating the measurement for measuring the excavation. The CESMM requires that item descriptions for "Excavation of Foundations" must state the location and limits of the excavation where is not clear.

Excavation below embankments
Where an embankment is to be constructed on steeply sloping round, the surface may be specified to be benched in steps or trenched. The steps or trenches can be classified as "Excavation of cuttings", it should be identified by the phrase "benched in steps below embankments" or "trenched below embankments.

General Excavation
The classification "General Excavation" covers to reduce over areas and for excavation to reduce a site to the formation level of a structure. Excavation of foundations is that which accommodates foundations. For both types of excavation the range of depth in which the maximum depth of the particular excavation work occurs must be specified. Both types are measured by volume and the unit of measurement is m3. Example for the excavation of foundations and to reduce the levels for the structure is shown in the Figure 2.5 and Table 2.3.


Excavation for Structure and Foundations

The volume measured for the excavation of a structure or foundation is the volume occupied by or vertically above any part of the structure or foundation. The application of three situations is illustrated in the Figure 2.6.



Dredging

The quantities of dredging measured from soundings are the net in-situ volume of the voids formed. Given in m3 and calculated for the areas of dredging and the depths obtained from soundings taken before and after dredging. An alternative method of measuring dredging is to measure the volume of dredged material from the hopper or barge in which the material is initially deposited.

EXCAVATION ANCILLARIES
Trimming of Slopes

Where surface of earthworks are specified to be sloped to a required angle of over 10 degrees to the horizontal, the surface areas of the slopes, given in square meters, are classified as "Trimming of Slopes". Excavation Ancillaries see Table 2.4.


Preparation of Surfaces

Preparation of surfaces is measured superficially in square meters to the extent that earthworks are to receive Permanent Works other than earthworks. The item covers merely preparing the surface to the required profiles and configurations. It would not include any material or additional

Double Handling of Excavated Material
Double handling excavated material is measured only when double handling is required. Consequently, excavation and filling items are deemed to include double handling that may be necessary to carry out the earthworks.
Double handling if excavated material is measure d by volume and is given in the Bill of Quantities in m3; The volume shall be that if the void formed in stockpile. When calculating the volume of double handling if excavated mate.ial for the quantities in the Bill of Quantities, an allowance will need to be made for the difference in bulk f the material in the stockpile and its bulk when used as filling.

When calculating the volume of material for double handling at the site the volume of the stockpile will need to be measured both before and after the material has been removed.

Dredging to remove silt

Dredging to remove silt is applicable only to silt which accumulated during the maintenance period and is required to be removed. The quantities for the Bill of Quantities will require to be estimated and measured on completion.



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OQSC - Panel of Mentors

Tuesday, February 18, 2014

Procurement & Tendering - Lesson 04

Advantages of Design & Build Contracts
·         Single point contract, one stop – shop approach
·         Design risks passed to the contractor
·         Speedy execution
·         Contractor’s specialist knowledge – more efficiency (design and experience together)
·         Specialist scopes
·         Minimum variations
·         More cost certainty
·         Minimum supervision cost  
·         Opportunity for innovation
·         Minimum risk of claims
·         Minimum administration for Client  
 Disadvantages of Design & Build Contracts
·         Designed by contractor, Employer has no control on the quality of the design
·         If variations occur, cost will be high
·         Difficulties in evaluating different designs  
·         Danger of design-build become build-design !
·         Limited pool of qualified design – builders
·         Lack of design brief may create more risks
·         Quality Assurance and Quality Control in contractor’s hands

·         Procurement of D&B Contract is more costly  

Sunday, February 16, 2014

FIDIC Conditions Explained - Lesson 03

Engineer’s Role – 1987 v 1999 Red Book
FIDIC 1987-Fourth Edition-Clause 2.1-Engineer’s Duties and Authority
(a)  The Engineer shall carry out the duties specified in the Contract.

(b) The Engineer may exercise the authority specified in or necessarily to be implied from the Contract, provided however that if the Engineer is required, under the terms of his appointment by the Employer, to obtain the specific approval of the Employer before exercising any such authority, particulars of such requirements shall be set out in part II of these Conditions. Provided further that any requisite approval shall be deemed to have been given by the Employer for any such authority exercised by the Engineer.
(c)  Except as expressly stated in the Contract, the Engineer shall have no authority to relieve the Contractor of any of his obligation under the Contract.
FIDIC 1987-Fourth Edition-Clause 2.6-Engineer to Act Impartially
Wherever, under the Contract, the Engineer is required to exercise his discretion by:
(a)  giving his decision, opinion or consent
(b) expressing his satisfaction or approval
(c)  determining value, or
(d) otherwise taking action which may affect the rights and obligations of the Employer or the Contractor
he shall exercise such discretion impartially within the terms of the Contract and having regard to all the circumstances. Any such decision, opinion, consent, expression of satisfaction, or approval, determination of value or action may be opened up, reviewed or revised as provided in Clause 67.    
FIDIC 1999-First Edition-Clause 3.1-Engineer’s Duties and Authority
The Employer shall appoint the Engineer who shall carry out the duties assigned to him in the Contract. The Engineer’s staff shall include suitably qualified engineers and other professionals who are competent to carry out these duties.
The Engineer shall have no authority to amend the Contract.
The Engineer may exercise the authority attributable to the Engineer as specified in or necessarily to be implied from the Contract. If the Engineer is required to obtain the approval of the Employer before exercising a specified authority, the requirements shall be as stated in the Particular Conditions. The Employer undertakes not to impose further constraints on the Engineer’s authority, except as agreed with the Contractor.
However, whenever the Engineer exercises a specified authority for which the Employer’s approval is required, then (for the purposes of the Contract) the Employer shall be deemed to have given approval.
Except as otherwise stated in these Conditions:
(a)  Whenever carrying out duties or exercising authority, specified in or implied by the Contract, the Engineer shall be deemed to act for the Employer;
(b) the Engineer has no authority to relieve either Party of any duties, obligations or responsibilities under the Contract; and
(c)  any approval, check, certificate, consent, examination, inspection, instruction, notice, proposal, request, test, or similar act by the Engineer (including absence of disapproval ) shall not relieve the Contractor from any responsibility he has under the Contract, including responsibility for errors, omissions, discrepancies  and non-compliances.
What is the major difference between 1987 and 1999 red book regarding this clause?

According to 1987 Red Book, Engineer has to cat impartially. But according to the FIDIC Red Book 1999 Engineer shall be deemed to act for the Employer. According to 1987 Red Book Engineer may review his determinations as provided in clause 67 (settlement of disputes). Then who will take over such duties towards settlement of disputes as per 1999 Red Book? Read clause 20 which states regarding Dispute Adjudication Board (DAB). We will discuss this in future sessions.

Wednesday, February 12, 2014

Methods of Measurements - Lesson 03

NRM (New Rules of Measurement) BY RICS

The New Rules of Measurement (NRM) are published by the Royal Institute of Chartered Surveyors (RICS) Quantity Surveying and Construction Professional Group. They provide a standard set of measurement rules for estimating, cost planning, procurement and whole-life costing for construction projects. Adopting a standard methodology such as NRM facilitates consistency and benchmarking and helps avoid disputes.
NRM1: Order of cost estimating and cost planning for capital building works.
NRM 1 was first published in February 2009 (as NRM Order of cost estimating and elemental cost planning). Now in its second edition, it provides guidance on the quantification of building works in order to prepare order of cost estimates and cost plans as well as approximate estimates. It also includes guidance about quantifying wider costs such as preliminaries, overheads and profit, risk allowances, and inflation.
NRM2: Detailed measurement for building works.
NRM2 is a new document that was published in April 2012. It became operative on 1 January 2013 and replaced the Standard Method of Measurement, seventh edition (SMM7) on 1 July 2013.NRM2 establishes detailed measurement rules allowing the preparation of bills of quantities, quantified schedules of works and schedules of rates in order to obtain tender prices. Guidance is also provided on the content, structure and format of bills of quantities.
NRM3 - Order of cost estimating and cost planning for building maintenance works.
NRM3 is currently under development. It is intended to allow the quantification and description of maintenance works. It will be used for initial order of cost estimates, general cost plans and asset-specific cost plans. It will also provide guidance on procurement and cost control.
NRM3 will also offer guidance about the measurement of other items associated with maintenance works that are not included in work items.

Tuesday, February 11, 2014

Procurement & Tendering - Lesson 03

Picture Credit:mi9.com 

Advantages & disadvantages of ‘Traditional Path’

Using this traditional procurement approach, the client contracts with an architect or an engineer to carry out the design; the client also enters into a separate contract with a contractor who carries out the building works.
Following are the advantages and disadvantages of traditional Procurement Route in the Client’s point of view:
Advantages
·         Client has the full control of the design. Consultants are directly reporting to the Client  
·         Since the control of the design with Client, quality of the project also could be controlled by the client
·         If the work is completely designed, cost certainty is guaranteed
·         This procurement route is more familiar to the contractors and consultants, hence less risks premiums involved in pricing
Disadvantages  

·         If the design is not completed, there will be variations which will lead to lose of control of cost certainty

·         In determining defects, it will be difficult to identify the defect, whether due to poor design or due to poor workmanship

·         Design risks to bear by Client, hence Contractor will not take and design responsibility

·         Contractor may focus the lump sum price to win the tender and as a result, more claims will be raised

·          Since the complete design is a prime requirement for a perfect ‘traditional procurement path’, delays to start the project is common.
We will discuss the above advantages and disadvantages in selecting of a procurement route for a particular type of project in upcoming sessions. 

OQSC

Monday, February 10, 2014

FIDIC Conditions Explained - Lesson 02

We will discuss the most important clauses of FIDIC Red Book 1987 and 1999 in this column.

FIDIC Red Book 1987-Fourth Edition

Clause 5.2-Priority of Contract Documents
The Several documents forming the Contract are to be taken as mutually explanatory of one another, but in case of ambiguities or discrepancies the same shall be explained and adjusted by the Engineer who shall thereupon issue to the Contractor instructions thereon and in such event, unless otherwise provided in the Contract, the priority of the documents forming the Contract hall be as follows:
1.  The Contract Agreement (If completed);
2.  The Letter of Acceptance;
3.  The Tender;
4.  Part 1 of these conditions and
5.  Any other document forming part of the Contract



FIDIC Red Book 1999-First Edition
Clause 1.5-Priority of Documents
The documents forming the Contract are to be taken as mutually explanatory of one another. For the purposes of interpretation, the priority of the documents shall be in accordance with the following sequence:

a)       the Contract Agreement (If any),
b)       the Letter of Acceptance,
c)       the Letter of Tender,
d)       the Particular Conditions,
e)       these General Conditions,
f)        the Specification,
g)       the Drawings, and
h)       the Schedules and any other documents forming part of the Contract.
If an ambiguity or discrepancy is found in the documents, the Engineer shall issue any necessary clarification or instruction.
What are the other documents? Following are some of other documents which we could evidence frequently:  
a.       Post tender correspondence
b.      Minutes of the post tender meetings –
c.       Appendix to Tender (if not a part of Tender as mentioned above)
Post tender correspondence and minutes of meetings may be has a higher priority than other documents Care should be taken regarding the Appendix to Tender which the contractor has used as a base of his price. There are around 30 clauses of conditions of contract which reflect in Appendix to Tender.
As a conclusion there is no much difference between 1987 and 1999 Red Book in this clause.
Ambiguity = Ambiguity means that what a thing is, is not clear.
Discrepancy = Discrepancy is an illogical or surprising lack of compatibility or similarity between two or more facts.
Similar words:

inconsistencydifferencedisparityvariancevariationdeviationdivergencedisagreementdissimilaritydissimilitudemismatch, lack of similarity, contrariety, contradictoriness, disaccord, discordance, incongruity, lack of congruence, incompatibility, irreconcilability, conflictopposition More.

Contract law

Article 273

Force Majeure in UAE Civil Code

In contracts binding on both parties, if force majeure supervenes which makes the performance of the contract impossible, the corresponding obligation shall cease, and the contract shall be automatically cancelled.

A force majeure event excuses the effected party from continuing to perform its obligation

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