PRQ20150620 Tender Document For G-Section

BIDDING DOCUMENT
FOR THE CIVIL WORKS FOR PROPOSED REHABILITATION OF THE G-SECTION (LOT A) AND REVETMENT
WORKS (LOT B)
TENDER No.: PRQ20150620
FINANCED & PROCURED BY
TRADEMARK EAST AFRICA
4TH DECEMBER 2015
BIDDING DOCUMENT
Table of Contents
PART 1 Bidding Procedure .................................................................................................................... 1

Section I - Instructions to Bidders ...............................................................................................................1
Section II - Bid Data Sheets .......................................................................................................................27
Section III - Evaluation and Qualification Criteria......................................................................................32
Section IV Bid Submission Forms ...........................................................................................................43
Section V - Eligible Countries ....................................................................................................................73
PART 2 Employers Requirements ....................................................................................................... 74
Section VI - Employers Requirements ......................................................................................................74
PART 3 Conditions of Contract and Contract Forms .......................................................................... 143
Section VII - General Conditions of Contract ..........................................................................................144
Section VIII - Particular Conditions of Contract.......................................................................................167
Section IX - Contract Forms ....................................................................................................................171
INVITATION FOR BID (IFB) 16TH NOVEMBER 2015

PROPOSED CIVIL WORKS FOR THE REHABILITATION OF THE G-SECTION CONTAINER YARD: TENDER No.:
PRQ20150620
1. The Kenya Ports Authority (Client) has been allocated grant funds (the Grant) from the
TradeMark East Africa which are administered by TradeMark East Africa (the Financier) and
executed by the Kenya Ports Authority (the Implementing Agency). The Financier intends to
apply the funds to eligible payments under the contract for which this Request for Proposals is
issued.
2.
TradeMark East Africa now invites sealed bids (Bids) from eligible entities (Bidders) to
provide the Civil works for the Rehabilitation of the G-Section (Lot A) and Revetment Works on
Lighter Quay (Lot B) referenced above (the Works). A Bidder will be selected under the
competitive bidding procedures described in the bidding documents associated with this IFB (the
Bidding Documents). Bidders are advised that these procedures are governed by TradeMark
East Africa Procurement Guidelines as contained in TMEA procurement and Grants Manual. It is a
Bidders responsibility to fully understand TMEA procurement procedures and guidelines.
3. Eligible bidders may obtain further information from TradeMark East Africa ONLY via
www.trademarkea.com .
4. A pre-bid meeting will be held on 6th January 2016, 1000 hrs.
5. Bidders may bid for either Lot A or Lot B or for both Lots A and B. The two Lots shall run
concurrently.
6. Eligible bidders shall be required to submit a separate Technical and Financial bid. First, a Technical
evaluation shall be conducted and only those bidders who meet the minimum qualification criteria
shall have their Financial bids opened and subsequently evaluated.
7. Both Technical and Financial bid in separate sealed envelopes clearly marked Technical Bid & Lot
No. and Financial Bid & Lot No. must be delivered to the address below on or before 6th
January 2016 at 11.00 AM (Kenya Time). The Technical Bids will be opened on the same day in the
presence of the Bidders representatives who choose to attend at the address below at 11.30 AM
(Kenya time). Late bids shall be rejected and returned unopened.
8. The Technical and Financial bids shall remain valid for 120 days after bid opening date prescribed
above.
9. The bid must be accompanied by a bid security of United States dollars One hundred Thousand
Only (USD 100,000) only issued directly by a reputable bank, in the form provided in the bidding
documents. The bid security is not a percentage of estimated value of Civil works costs in any
way. The bid security must be valid through to 1st May 2016.
10. Bids submitted must be type written in Calibri Font 11 with pages numbered and a matching clear
table of contents.
11. All documents in the bid are confidential and shall remain property of TradeMark East Africa and
shall not, in any way, be shared, copied, transferred, and/or duplicated without prior written
consent of the TradeMark East Africa.
12. The Bidding Documents consist of the following:
Part 1 Bidding Procedures

Section I Instructions to Bidders (ITB)
Section II Bid Data Sheet (BDS)
Section III Evaluation and Qualification Criteria
Section IV Bidding Forms and BOQ
Section V Eligible Countries
Part 2 Employers Requirements
Section VI Specifications and Drawings
Part 3 Conditions of Contract and Contract Forms
Section VII General Conditions of Contract (GCC)
Section VIII Particular Conditions of Contract (PCC)
Section IX Contract Forms and Confidentiality Agreement
13. Please inform us in writing at the following address upon receipt/ access: a) That you received/ accessed this IFB.
b) Whether you will submit a Bid.
TradeMark East Africa
Procurement Director
procurement@trademarkea.com
NOTE TO THE BIDDERS:
Bidders must read the instructions to bidders (ITB) together with the bid data sheet (BDS). The
BDS complements, supplements, or amends the provisions in the Instructions to Bidders (ITB).
Whenever there is a conflict, the provisions in the Bid Data Sheet (BDS) shall prevail over those in
the ITB.
Section I - Instructions to Bidders
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PART 1 Bidding Procedure

Table of Clauses
A.
1.
2.
3.
4.
5.
B.
General ...................................................................................................................................... 3
Scope of Bid ......................................................................................................................................3
Source of Funds ................................................................................................................................4
Fraud and Corruption .......................................................................................................................4
Eligible Bidders..................................................................................................................................6
Eligible Materials, Equipment and Services ......................................................................................8
Contents of Bidding Document................................................................................................... 8
6.
7.
8.
C.
Sections of Bidding Document ..........................................................................................................8

Clarification of Bidding Document, Site Visit, Pre-Bid Meeting.........................................................9
Amendment of Bidding Document .................................................................................................10
Preparation of Bids ................................................................................................................... 10
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
D.
21.
22.
23.
24.
25.
26.
E.
Cost of Bidding ................................................................................................................................10

Language of Bid ..............................................................................................................................10
Documents Comprising the Bid ......................................................................................................11
Letter of bid (Qualification Technical & Financial) ..........................................................................11
Alternative Bids ...............................................................................................................................11
Bid Prices and Discounts .................................................................................................................12
Currencies of Bid and Payment .......................................................................................................13
Documents Comprising the Qualification /Technical & Financial Proposal ...................................13
Documents Establishing the Qualifications of the Bidder ...............................................................13
Period of Validity of Bids .................................................................................................................13
Bid Security .....................................................................................................................................14
Format and Signing of Bid ...............................................................................................................15
Submission and Opening of Bids............................................................................................... 15
Sealing and Marking of Bids ............................................................................................................15
Deadline for Submission of Bids......................................................................................................17
Late Bids..........................................................................................................................................17
Withdrawal, Substitution, and Modification of Bids .......................................................................17
Technical Bid Opening ....................................................................................................................17
Financial Bid Opening .....................................................................................................................18
Evaluation and Comparison of Bids .......................................................................................... 18
27.
Confidentiality.................................................................................................................................19
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
F.
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Clarification of Bids .........................................................................................................................19

Deviations, Reservations, and Omissions........................................................................................19
Determination of Responsiveness ..................................................................................................19
Nonconformities, Errors, and Omissions ........................................................................................20
Correction of Arithmetical Errors....................................................................................................20
Conversion to Single Currency ........................................................................................................21
Margin of Preference ......................................................................................................................21
Qualification/ Technical Evaluation of Bids .....................................................................................21
Evaluation of Financial Bids ............................................................................................................22
Comparison of Bids .........................................................................................................................23
Employers Right to Accept Any Bid, and to Reject Any or All Bids .................................................24
Award of Contract .................................................................................................................... 24
39.
40.
41.
42.
43.
Award Criteria .................................................................................................................................24

Notification of Award......................................................................................................................24
Signing of Contract..........................................................................................................................25
Performance Security .....................................................................................................................25
Adjudicator .....................................................................................................................................25
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A.
1.
Scope of Bid
General
The Financier, as indicated in the BDS, issues this Bidding Document for the
procurement of the Works as specified in Section 6 (Financiers
Requirements). The name, identification, and number of contracts of this
bidding are provided in the BDS.
Throughout this Bidding Document:
(a) the term in writing means communicated in written form and
delivered against receipt;
(b) except where the context requires otherwise, words indicating the
singular also include the plural and words indicating the plural also
include the singular; and
(c) day means calendar day.
(d) Applicable Guidelines means the policies of TradeMark East Africa
as contained in TMEAs Procurement and Grants Manual that shall
govern the selection and Contract award process as set forth in this
invitation for Bid and the Data Sheet.
(e) Applicable Law means the laws and any other instruments having
the force of law in the Clients country, or in such other country as
may be specified in the Data Sheet, as they may be issued and in
force from time to time.
(f) Financier means TradeMark East Africa (TMEA).
(g) Recipient means the Government, Government agency or other
entity that signs the Financing Agreement with the TMEA.
(h) Beneficiary means the implementing agency.
(i) Client/Employer means the implementing agency that signs the
Contract for the Services with the selected Consultant.
(j) Data Sheet means an integral part of the Instructions to bidders
(ITB) Section 2 that is used to reflect specific conditions to
supplement or amend the provisions of the ITC.
(k) Government means the government of the Clients country.
(l) Joint Venture (JV) means an association with or without a legal
personality distinct from that of its members, of more than one
bidder where one member has the authority to conduct all business
for and on behalf of any and all the members of the JV, and where
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the members of the JV are jointly and severally liable to the Client
for the performance of the Contract.
(m) Procuring entity means the institution making a procurement to
which these Guidelines applies as indicated in the Data sheet.
(n) Allocated means Funds set aside in the Financers budget
specifically towards payment directly to the service provider/s
against particular service/s or goods or works to the beneficiary or
client procured by the Financer.
2.
3.
Source of Funds
Fraud and
Corruption
2.1 The beneficiary indicated in the BDS has been allocated financing
(hereinafter called funds) from the TradeMark East Africa
(hereinafter called TMEA) towards the cost of the project
named in the BDS.
2.2 Payments by the TMEA shall be made directly to the contractor
only at the request of the Beneficiary and upon approval by
TMEA in accordance with the terms and conditions of the
financing agreement between the Beneficiary and the TMEA
(hereinafter called the Funding Agreement), and will be subject in
all respects to the terms and conditions. No party other than the
Beneficiary shall derive any rights from the Funding Agreement
or have any claim to the funds.
3.1 It is the TMEAs policy to require that beneficiaries of TMEA
Funding, as well as bidders, suppliers, and contractors and their
agents (whether declared or not), personnel, subcontractors,
sub-consultants, service providers and suppliers, under TMEAfinanced contracts, observe the highest standard of ethics during
the procurement and execution of such contracts.1 In pursuance
of this policy, the TMEA: (a) defines, for the purposes of this provision, the terms set forth
below as follows:
(i)
corrupt practice is the offering, giving, receiving or

soliciting, directly or indirectly, of anything of value to
influence improperly the actions of another party2;
(ii)
fraudulent practice is any act or omission, including a

misrepresentation, that knowingly or recklessly misleads,
or attempts to mislead, a party to obtain a financial or
In this context, any action taken by a bidder, supplier, contractor, or any of its personnel, agents, sub-consultants,
sub-contractors, service providers, suppliers and/or their employees to influence the procurement process or
contract execution for undue advantage is improper.
Another party refers to a public official acting in relation to the procurement process or contract execution]. In
this context, public official includes TMEA staff and employees of other organizations taking or reviewing
procurement decisions.
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other benefit or to avoid an obligation3;

(iii)
collusive practice is an arrangement between two or

more parties4 designed to achieve an improper purpose,
including to influence improperly the actions of another
party
(iv) misleading/ False information this refers details (

information) submitted by bidders under this tendering
process that is established to the a reasonable extent to
be inaccurate
(v)
coercive practice is impairing or harming, or

threatening to impair or harm, directly or indirectly, any
party or the property of the party to influence improperly
the actions of a party5;
(vI)
"obstructive practice" is
(aa) deliberately destroying, falsifying, altering or
concealing of evidence material to the investigation
or making false statements to investigators in order
to materially impede a TMEA investigation into
allegations of a corrupt, fraudulent, coercive or
collusive practice; and/or threatening, harassing or
intimidating any party to prevent it from disclosing
its knowledge of matters relevant to the
investigation or from pursuing the investigation; or
(bb) acts intended to materially impede the exercise of
the TMEAs inspection and audit rights provided for
under sub-clause 3.1 (e) below.
(b)
will reject a proposal for award if it determines that the bidder

recommended for award has, directly or through an agent,
engaged in corrupt, fraudulent, collusive, coercive or
obstructive practices in competing for the contract in question;
(c)
will cancel the portion of the Funding allocated to a contract if

it determines at any time that representatives of the
Beneficiary or of a beneficiary of the Funding engaged in
corrupt, fraudulent, collusive, or coercive practices during the
procurement or the execution of that contract, without the
Party refers to a public official; the terms benefit and obligation relate to the procurement process or
contract execution; and the act or omission is intended to influence the procurement process or contract
execution.
Parties refers to participants in the procurement process (including public officials) attempting to establish bid
prices at artificial, non competitive levels.
Party refers to a participant in the procurement process or contract execution.
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Beneficiary having taken timely and appropriate action

satisfactory to the TMEA to remedy the situation; and
(d)
will sanction a firm or an individual, at any time, in accordance

with prevailing TMEAs sanctions proceduresa, including by
publicly declaring such firm or individual ineligible, either
indefinitely or for a stated period of time: (i) to be awarded a
TMEA-financed contract; and (ii) to be a nominatedb subcontractor, consultant, manufacturer or supplier, or service
provider of an otherwise eligible firm being awarded a TMEAfinanced contract
3.2 In further pursuance of this policy, Bidders shall permit the TMEA to
inspect any accounts and records and other documents relating to the
Bid submission and contract performance, and to have them audited by
auditors appointed by the TMEA.
3.3 Furthermore, bidders shall be aware of the provision stated in GCC SubClauses 22.2 and 56.2 (h).
4.
Eligible Bidders
4.1 A Bidder may be a private entity, or government-owned entity

subject to ITB 4.6or any combination of them in the form of a
joint venture, under an existing agreement, or with the intent to
constitute a legally-enforceable joint venture.
4.2 Unless otherwise stated in the BDS, all partners shall be jointly
and severally liable for the execution of the Contract in
accordance with the Contract terms.
4.3 A Bidder, and all parties constituting the Bidder, shall have the
nationality of an eligible country, in accordance with Section 5
(Eligible Countries). A Bidder shall be deemed to have the
nationality of a country if the Bidder is a citizen or is constituted,
or incorporated, and operates in conformity with the provisions
of the laws of that country. This criterion shall also apply to the
determination of the nationality of proposed subcontractors or
suppliers for any part of the Contract including related services.
4.4 A Bidder shall not have a conflict of interest. All Bidders found to
have a conflict of interest shall be automatically disqualified. A
Bidder may be considered to have a conflict of interest with one
or more parties in this bidding process, if: -
A firm or an individual may be declared ineligible to be awarded a TMEA-financed contract upon completion of the
TMEAs sanctions proceedings as per its sanctions procedures, including inter alia: (i) temporary suspension in
connection with an ongoing sanctions proceeding; (ii) cross-debarment as agreed with other International Financial
Institutions, including Multilateral Development Banks; and (iii) the World Bank Group corporate administrative
procurement sanctions procedures for fraud and corruption.
A nominated sub-contractor, consultant, manufacturer or supplier, or service provider (different names are used
depending on the particular bidding document) is one which either has been: (i) included by the bidder in its prequalification application or bid because it brings specific and critical experience and know-how that are accounted
for in the evaluation of the bidders pre-qualification application or the bid; or (ii) appointed by the Beneficiary.
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(a) they have a controlling partner in common; or

(b) they receive or have received any direct or indirect subsidy from
any of them; or
(c) they have the same legal representative for purposes of this bid; or
(d) they have a relationship with each other, directly or through
common third parties, that puts them in a position to have access
to information about or influence on the Bid of another Bidder, or
influence the decisions of the Procuring Entity regarding this
bidding process; or
(e) a Bidder participates in more than one bid in this bidding process.
Participation by a Bidder in more than one Bid will result in the
disqualification of all Bids in which the party is involved. However,
this does not limit the inclusion of the same subcontractor in more
than one bid; or
(f) a Bidder or any of its affiliates participated as a consultant in the

preparation of the design or technical specifications of the contract
that is the subject of the Bid; or
(g) a Bidder, or any of its affiliates has been hired (or is proposed to be
hired) by the Procuring Entity or Beneficiary as Engineer for the
contract.
4.5 A Bidder that has been sanctioned by the TMEA in accordance

with the above ITB 3.1 (d), or in accordance with the TMEA's
Guidelines on Preventing and Combating Corruption in Projects,
shall be ineligible to be awarded a TMEA-financed contract, or
benefit from a TMEA-financed contract, financially or otherwise,
during such period of time as the TMEA shall determine.
4.6 Government-owned enterprises in the Employers country shall

be eligible only if they can establish and demonstrate that they
are legally and financially autonomous and operate under
commercial law, and that they are not a dependent agency of the
Recipient.
4.7 Bidders shall provide such evidence of their continued eligibility

satisfactory to the Procuring Entity, as the Procuring Entity shall
reasonably request.
4.8 This bidding is open to all eligible Bidders.

Firms shall be excluded if: (a) as a matter of law or official regulation, the Beneficiarys country
1-8
prohibits commercial relations with that country, provided that the

TMEA is satisfied that such exclusion does not preclude effective
competition for the supply of goods or related services required; or
(b) by an act of compliance with a decision of the United Nations

Security Council taken under Chapter VII of the Charter of the
United Nations, the Beneficiarys country prohibits any import of
goods or contracting of works or services from that country or any
payments to persons or entities in that country.
(c) By debarment by act of Public Procurement and Disposal Act,

Kenya, World Bank, TMEA development funders or is under
demonstrable litigation by a court of law.
5.
Eligible Materials,
Equipment and
Services
5.1 The materials, equipment and services to be supplied under the

Contract shall have their origin in eligible source countries as
defined in ITB 4.3 above and all expenditures under the Contract
will be limited to such materials, equipment, and services. At the
Procuring Entitys request, Bidders may be required to provide
evidence of the origin of materials, equipment and services.
5.2 For purposes of ITB 5.1 above, origin means the place where
the materials and equipment are mined, grown, produced or
manufactured, and from which the services are provided.
Materials and equipment are produced when, through
manufacturing, processing, or substantial or major assembling of
components, a commercially recognized product results that
differs substantially in its basic characteristics or in purpose or
utility from its components.
Contents of Bidding Document
B.
6.
Sections of Bidding
Document
6.1 The Bidding Document consist of Parts 1, 2, and 3, which include

all the Sections indicated below, and should be read in
conjunction with any Addenda issued in accordance with ITB 8.
PART 1
PART 2
PART 3
Bidding Procedures
Section I - Instructions to Bidders (ITB)
Section II - Bid Data Sheet (BDS)
Section III - Evaluation and Qualification Criteria
Section IV - Bidding Forms
Section V - Eligible Countries
Employers Requirements
Section VI - Works Requirements (or Employers
Requirements/ specifications) and Drawings
Conditions of Contract and Contract Forms
Section VII - General Conditions of Contract (GCC)
Section VIII - Particular Conditions of Contract (PCC)
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Section IX - Contract Forms and Confidentiality Agreement
6.2 The Invitation for Bids issued by the Procuring Entity is part of the
Bidding Document.
6.3 The Procuring Entity is not responsible for the completeness of

the Bidding Document and their Addenda, if they were not
obtained directly from the source stated by the Procuring Entity
in the Invitation for Bids.
6.4 The Bidder is expected to examine all instructions, forms, terms,

and specifications in the Bidding Document. Failure to furnish all
information or documentation required by the Bidding Document
may result in the bid being declared unresponsive or bid
rejection.
7.
Clarification
of
Bidding Document,
Site Visit, Pre-Bid
Meeting
7.1 A prospective Bidder requiring any clarification of the Bidding

Document shall contact the Procuring Entity in writing at the
Procuring Entitys address indicated in the BDS or raise his
inquiries during the pre-bid meeting if provided for in accordance
with ITB 7.4. The Procuring Entity will respond in writing to any
request for clarification, provided that such request is received
prior to the deadline for submission of bids, within a period given
in the BDS. The Procuring Entity shall upload copies of response
on its website (www.trademarkea.com ) for all prospective
Bidders who have acquired the Bidding Document in accordance
with ITB 6.3, including a description of the inquiry but without
identifying its source to access and incorporate the same in its
bid preparation. Should the Procuring Entity deem it necessary to
amend the Bidding Document as a result of a request for
clarification, it shall do so following the procedure under ITB 8
and ITB 22.2.
7.2 The Bidder is encouraged to visit and examine the Site of Works
and its surroundings and obtain for itself, at its own risk and
responsibility, all information that may be necessary for
preparing the bid and entering into a contract for construction of
the Works. The costs of visiting the Site shall be at the Bidders
own expense.
7.3 The Bidder and any of its personnel or agents will be granted
permission by the Procuring Entity to enter the Beneficiarys
premises and lands for the purpose of such visit, but only upon
the express condition that the Bidder, its personnel, and agents
will release and indemnify the Procuring Entity, Beneficiary and
its personnel and agents from and against all liability in respect
thereof, and will be responsible for death or personal injury, loss
of or damage to property, and any other loss, damage, costs, and
expenses incurred as a result of the inspection.
7.4 The Bidders designated representative is invited to attend a pre-
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bid meeting, if provided for in the BDS. The purpose of the

meeting will be to clarify issues and to answer questions on any
matter that may be raised at that stage.
7.5 The Bidder is requested, as far as possible, to submit any

questions in writing, to reach the Procuring Entity not later than
five calendar days before the pre- bid meeting.
7.6 Minutes of the pre-bid meeting, including the text of the

questions raised, without identifying the source, and the
responses given, together with any responses prepared after the
meeting, will be transmitted promptly to all Bidders who have
acquired the Bidding Document in accordance with ITB 6.3 by
way of uploading the same on the Procuring Entitys website. Any
modification to the Bidding Document that may become
necessary as a result of the pre-bid meeting shall be made by the
Procuring Entity exclusively through the issue of an addendum
pursuant to ITB 8 and not through the minutes of the pre-bid
meeting.
7.7 Non-attendance at the pre-bid meeting will not be a cause for

disqualification of a Bidder.
8.
Amendment
of
Bidding Document
8.1 At any time prior to the deadline for submission of bids, the
Procuring Entity may amend the Bidding Document by issuing
addenda.
8.2 Any addendum issued shall be part of the Bidding Document and
shall be communicated in writing to all who have obtained the
Bidding Document from the Procuring Entity in accordance with
ITB 6.3.
8.3 To give prospective Bidders reasonable time in which to take an

addendum into account in preparing their bids, the Procuring
Entity may, at its discretion, extend the deadline for the
submission of bids, pursuant to ITB 22.2.
C.
9.
Cost of Bidding
Preparation of Bids
9.1 The Bidder shall bear all costs associated with the preparation
and submission of its Bid, and the Procuring Entity and
Beneficiary shall in no case be responsible or liable for those
costs, regardless of the conduct or outcome of the bidding
process.
10. Language of Bid
10.1 The Bid, as well as all correspondence and documents relating to

the bid exchanged by the Bidder and the Procuring Entity, shall
be written in the language specified in the BDS. Supporting
documents and printed literature that are part of the Bid may be
in another language provided they are accompanied by an
accurate translation of the relevant passages in the language
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specified in the BDS, in which case, for purposes of interpretation

of the Bid, such translation shall govern.
11. Documents
Comprising the Bid
11.1 Bidders are required to prepare and submit separate

Qualification/ Technical and Financial bids. The bid submission
method shall be a one stage two envelope method. The one
stage two envelope submission method requires a Bidder to
submit a single envelope containing two separately sealed
envelopes, labelled Qualification/ Technical bid and Financial bid
which are opened on different dates at separate bid openings.
Bidders shall complete all forms provided in Section IV. False
declaration and/ or lack of declaration shall lead to automatic
disqualification pursuant to ITB 3.19(a)(iv).
11.2 The Qualification/Technical Bid comprises the Qualification

Criteria as set out in the completed Forms including documents
as set out in Section IV and a Technical Proposal which comprises
of the details on the completed Forms and Documentation
contained within Section IV.
11.3 In addition to the requirements under ITB 11.2, bids submitted by

a JVA shall include a copy of the Joint Venture Agreement
entered into by all partners Or a letter of intent to form a joint
venture.
11.4 The Financial Bid shall comprise: a. The Letter of Financial Bid.
b. Full Bill of Quantities prepared using the relevant forms
furnished in Section IV. The forms must be completed
without any alterations to the text, and no substitutes shall
be accepted except as provided under ITB 20.2. All blank
spaces shall be filled in with the information requested.
12. Letter of bid

(Qualification
Technical &
Financial)
12.1 A Qualification letter shall be included in the Qualification /

Technical bid Submission.
12.2 The Letter of Financial Bid shall accompany the Financial Bid in a
separate sealed envelope.
13. Alternative Bids
13.1 Unless otherwise indicated in the BDS, alternative bids shall not
be considered.
13.2 When alternative times for completion are explicitly invited, a

statement to that effect will be included in the BDS, as will the
method of evaluating different times for completion.
13.3 When specified in the BDS pursuant to ITB 13.1, and subject to
ITB 13.4 below, Bidders wishing to offer technical alternatives to
the requirements of the Bidding Document must first price the
Procuring Entitys design as described in the Bidding Document
and shall further provide all information necessary for a complete
1-12
evaluation of the alternative by the Procuring Entity, including

drawings, design calculations, technical specifications,
breakdown of prices, and proposed construction methodology
and other relevant details. Only the technical alternatives, if any,
of the lowest evaluated Bidder conforming to the basic technical
requirements shall be considered by the Procuring Entity.
13.4 When specified in the BDS, Bidders are permitted to submit

alternative technical solutions for specified parts of the Works.
Such parts will be identified in the BDS and described in Section
VI (Employers Requirements). The method for their evaluation
will be stipulated in Section III (Evaluation and Qualification
Criteria).
14. Bid Prices and

Discounts
14.1 The prices and discounts quoted by the Bidder in the Letter of
Financial Bid and in the Bill of Quantities shall conform to the
requirements specified below.
14.2 The Bidder shall fill in rates and prices for all items of the Works
described in the Bill of Quantities. Items against which no rate or
price is entered by the Bidder will not be paid for by the
Procuring Entity when executed and shall be deemed covered by
the rates for other items and prices in the Bill of Quantities.
14.3 The price to be quoted in the Letter of Financial Bid, in

accordance with ITB 12.2, shall be the total price of the Bid,
excluding any discounts offered.
14.4 The Bidder shall quote any unconditional discounts and the
methodology for their application in the Letter of Financial Bid, in
accordance with ITB 12.2.
14.5 Unless otherwise provided in the BDS and the Contract, the rates
and prices quoted by the Bidder are subject to adjustment during
the performance of the Contract in accordance with the
provisions of the Conditions of Contract. In such a case, the
Bidder shall furnish the indices and weightings for the price
adjustment formulae in the Schedule of Adjustment Data and the
Procuring Entity may require the Bidder to justify its proposed
indices and weightings.
14.6 Unless otherwise provided in the BDS and the Conditions of

Contract, the prices quoted by the Bidder shall be fixed. If the
prices quoted by the Bidder are subject to adjustment during the
performance of the Contract in accordance with the provisions of
the Conditions of Contract, the Bidder shall furnish the indices
and weightings for the price adjustment formulae in the Schedule
of Adjustment Data in Section IV (Bidding Forms) and the
Procuring Entity may require the Bidder to justify its proposed
indices and weightings.
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14.7 All duties, taxes, and other levies payable by the Contractor
under the Contract, or for any other cause, as of the date 28 days
prior to the deadline for submission of bids, shall be included in
the rates and prices and the total bid price submitted by the
Bidder.
15. Currencies of Bid

and Payment
15.1 The currency(ies) of the bid shall be as specified in the BDS.

15.2 Bidders may be required by the Procuring Entity to justify, to the
Procuring Entitys satisfaction, their local and foreign currency
requirements, and to substantiate that the amounts included in
the prices shown in the appropriate form(s) of Section IV, in
which case a detailed breakdown of the foreign currency
requirements shall be provided by Bidders.
16. Documents
Comprising the
Qualification
/Technical &
Financial Proposal
16.1 The Bidder shall furnish a Technical Proposal including a

statement of work methods, equipment, personnel, schedule and
any other information as stipulated in Section IV, in sufficient
detail to demonstrate the adequacy of the Bidders proposal to
meet the work requirements and the completion time.
16.2 The Financial Proposal must be prepared using the information

provided in the Bill of quantities. Bidders shall list all costs
associated with the assignment.
17. Documents
Establishing the
Qualifications of the
Bidder
18. Period of Validity of

Bids
17.1 To establish its qualifications to perform the Contract in

accordance with Section III (Evaluation and Qualification Criteria)
the Bidder shall provide the information requested in the
corresponding information sheets included in Section IV (Bidding
Forms).
17.2 Domestic Bidders, individually or in joint ventures, applying for
eligibility for a 7-percent margin of domestic preference shall
supply all information required to satisfy the criteria for eligibility
as described in ITB 33.
18.1 Bids shall remain valid for the period specified in the BDS after
the bid submission deadline date prescribed by the Procuring
Entity. A bid valid for a shorter period shall be rejected by the
Procuring Entity as nonresponsive.
18.2 In exceptional circumstances, prior to the expiration of the bid

validity period, the Procuring Entity may request Bidders to
extend the period of validity of their bids. The request and the
responses shall be made in writing. If a bid security is requested
in accordance with ITB 19, it shall also be extended for a
corresponding period. A Bidder may refuse the request without
forfeiting its bid security. A Bidder granting the request shall not be
required or permitted to modify its bid.
18.3 In the case of fixed price contracts, if the award is delayed by a
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period exceeding fifty-six (56) days beyond the expiry of the

initial bid validity, the Contract price shall be determined as
follows:
a) In the case of fixed price contracts, the Contract price shall be the
bid price adjusted by the factor specified in the BDS.
b) In the case of adjustable price contracts, to determine the Contract

price, the fixed portion of the bid price shall be adjusted by the
factor specified in the BDS.
c) In any case, bid evaluation shall be based on the bid price without
taking into consideration the applicable correction from those
indicated above.
19. Bid Security
19.1 Unless otherwise specified in the BDS, the Bidder shall furnish as
part of its bid, in original form, either a Bid Securing Declaration
or a bid security as specified in the BDS. In the case of a bid
security, the amount shall be as specified in the BDS
19.2 A bid securing declaration shall use the for include in section IV
(bidding forms)
19.3 If a bid security is specified pursuant to ITB 19.1, the bid security
shall be in the form of an unconditional guarantee issued by a
reputable bank from and eligible country. The bid security shall
be submitted using the Bid Security Form included in Section IV
(Bidding Forms) and the form must include the complete name of
the Bidder. The bid security shall be valid for twenty-eight days
(28) beyond the original validity period of the bid, or beyond any
period of extension if requested under ITB 18.2.
19.4 Any bid not accompanied by an enforceable and substantially

compliant bid security or Bid Securing Declaration, if required in
accordance with ITB 19.1, shall be rejected by the Procuring
Entity as nonresponsive.
of unsuccessful Bidders shall be returned as promptly as possible
upon the successful Bidders furnishing of the performance
security pursuant to ITB 41.
of the successful Bidder shall be returned as promptly as possible
once the successful Bidder has signed the Contract and furnished
the required performance security.
19.7 The bid security may be forfeited or the Bid Securing Declaration
executed: (a) if a Bidder withdraws its bid during the period of bid validity
specified by the Bidder on the Letter of Financial Bid, except as
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provided in ITB 18.2 or

(b) if the successful Bidder fails to: (i) Sign the Contract in accordance with ITB 40; or
(ii) Furnish a performance security in accordance with ITB 41.
19.8 The Bid Security or the Bid Securing Declaration of a JV shall be in

the name of the JV that submits the bid. If the JV has not been
constituted into a legally-enforceable JV, at the time of bidding,
the Bid Security or the Bid Securing Declaration shall be in the
names of all future partners as named in the letter of intent
mentioned in ITB 4.1.
20. Format and Signing

of Bid
20.1 The Bidder shall prepare one original of the documents

comprising the bid as described in ITB 11 and clearly mark it
ORIGINAL. Alternative bids, if permitted in accordance with ITB
13, shall be clearly marked ALTERNATIVE. In addition, the Bidder
shall submit copies of the bid in the number specified in the BDS,
and clearly mark each of them COPY. In the event of any
discrepancy between the original and the copies, the original
shall prevail.
20.2 The original and all copies of the bid shall be typed or written in
indelible ink and shall be signed by a person duly authorized to
sign on behalf of the Bidder. This authorization shall consist of a
written confirmation as specified in the BDS and shall be
attached to the bid. The name and position held by each person
signing the authorization must be typed or printed below the
signature.
20.3 Any amendments such as interlineations, erasures, or overwriting

shall be valid only if they are signed or initialled by the person
signing the bid.
D.
21. Sealing and Marking

of Bids
Submission and Opening of Bids
21.1 The original and all copies of the Technical bid shall be placed in a
sealed envelope clearly marked Qualification/ Technical Bid,
and the original and all copies of the Financial Bid in a separate
sealed envelope clearly marked Financial Bid. The envelopes
shall be securely sealed in such a manner that opening and
resealing cannot be achieved undetected.
21.2 Additionally, a CD ROM containing an electronic version of the

contents of the Technical Bid contained in each envelope shall be
placed in the respective Technical Bid envelope.
21.3 A separate CD ROM containing an electronic version of the

contents of the Financial Bid contained in each envelope shall be
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placed in the respective Financial Bid envelope.
21.4 Bidders submitting bids by mail or by hand shall enclose the

original and each copy of the Bid, including alternative bids, if
permitted in accordance with ITB 13, in separate sealed
envelopes, duly marking the envelopes as Original,
Alternative and Copy. These envelopes containing the
original and the copies shall then be enclosed in one single
envelope.
21.5 The envelopes containing the Qualification/Technical and

Financial Bids shall: (a) bear the name and address of the Bidder;
(b) be addressed to the Procuring Entity in accordance with
ITB 22.1; and
(c) Bear the Procurement Reference Number (PRQ20150620) of
this bidding process.
21.6 The Financial Bid shall also bear a warning Do Not Open with the
Technical Bid.
21.7 The two envelopes shall be placed in an outer envelope which

shall be securely sealed in such a manner that opening and
resealing cannot be achieved undetected.
21.8 If all envelopes are not sealed and marked as required, the
Procuring Entity will assume no responsibility for the
misplacement or premature opening of the bid.
21.9 The outer envelope shall: a) bear the name and address of the Bidder;
b) be addressed to the Procuring Entity in accordance with ITB 22.1;
c) bear the Procurement Reference number of this bidding process;
and
d) Bear a warning not to open before the time and date for bid
opening, in accordance with ITB 25.1.
21.10 The Bidder shall enclose the original and all copies of the bid,
including alternative bids, if permitted in accordance with ITB 13,
in separate sealed envelopes, duly marking the envelopes as
Original, Alternative and Copy. These envelopes containing
the original and the copies shall then be enclosed in their
respective envelopes for Qualification/ Technical Bid and
Financial Bid.
21.11 If all envelopes are not sealed and marked as required, the
Procuring Entity shall assume no responsibility for the
misplacement or premature opening of the bid.
22. Deadline for

Submission of Bids
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22.1 Bids must be received by the Procuring Entity at the address and
no later than the date and time indicated in the BDS.
22.2 The Procuring Entity may, at its discretion, extend the deadline
for the submission of bids by amending the Bidding Document in
accordance with ITB 8, in which case all rights and obligations of
the Procuring Entity and Bidders previously subject to the
deadline shall thereafter be subject to the deadline as extended.
23. Late Bids
23.1 The Procuring Entity shall not consider any bid that arrives after
the deadline for submission of bids, in accordance with ITB 22.
Any bid received by the Procuring Entity after the deadline for
submission of bids shall be declared late, rejected, and returned
unopened to the Bidder.
24. Withdrawal,
Substitution, and
Modification of Bids
24.1 A Bidder may withdraw, substitute, or modify its bid after it has
been submitted by sending a written notice, duly signed by an
authorized representative, and shall include a copy of the
authorization in accordance with ITB 20.2, (except that
withdrawal notices do not require copies). The corresponding
substitution or modification of the bid must accompany the
respective written notice. All notices must be: (a) Prepared and submitted in accordance with ITB 20 and
ITB 21 (except that withdrawal notices do not require
copies), and in addition, the respective envelopes shall be
clearly
marked
WITHDRAWAL,
SUBSTITUTION,
MODIFICATION; and
(b) Received by the Procuring Entity prior to the deadline
prescribed for submission of bids, in accordance with ITB
22.
24.2 Bids requested to be withdrawn in accordance with ITB 24.1 shall

be returned unopened to the Bidders.
24.3 No bid may be withdrawn, substituted, or modified in the interval

between the deadline for submission of bids and the expiration
of the period of bid validity specified by the Bidder on the Letter
of Financial Bid or any extension thereof.
25. Technical Bid

Opening
The Procuring Entity shall open the bids in public at the address, date and
time specified in the BDS in the presence of Bidders` designated
representatives and anyone who choose to attend. All Financial Bids will
remain sealed at this stage. Any specific electronic bid opening procedures
required if electronic bidding is permitted in accordance with ITB 21.1, shall
be as specified in the BDS.
First, envelopes marked WITHDRAWAL shall be opened and read out and the
envelope with the corresponding bid shall not be opened, but returned to
the Bidder. No bid withdrawal shall be permitted unless the corresponding
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withdrawal notice contains a valid authorization to request the withdrawal

and is read out at bid opening. Next, envelopes marked SUBSTITUTION shall
be opened and read out and exchanged with the corresponding bid being
substituted, and the substituted bid shall not be opened, but returned to the
Bidder. No bid substitution shall be permitted unless the corresponding
substitution notice contains a valid authorization to request the substitution
and is read out at bid opening. Envelopes marked MODIFICATION shall be
opened and read out with the corresponding bid. No bid modification shall
be permitted unless the corresponding modification notice contains a valid
authorization to request the modification and is read out at bid opening.
Only envelopes that are opened and read out at bid opening shall be
considered further.
All other envelopes shall be opened one at a time, reading out: the name of
the Bidder and whether there is a modification; and any other details as the
Procuring Entity may consider appropriate. No bid shall be rejected at bid
opening except for late bids, in accordance with ITB 23.1.
The Procuring Entity shall prepare a record of the bid opening that shall
include, as a minimum: the name of the Bidder, country of registration and
whether there is a withdrawal, substitution, or modification and the
presence or absence of a bid security (including issuing bank and bid security
amount), if one was required. The Bidders representatives who are present
shall be requested to sign the record. The omission of a Bidders signature
on the record shall not invalidate the contents and effect of the record. A
copy of the record shall be distributed to all Bidders.
26. Financial Bid

Opening
26.1 After the Qualifying/ Technical evaluation is completed, the

Procuring Entity shall notify those Bidders, whose bids will not
pass to the financial comparison, indicating that their Financial
Bids will be returned unopened after completing the evaluation
process. The Procuring Entity shall simultaneously notify the
Bidder(s) whose bids will proceed to the financial comparison
indicating the date and time set for opening the Financial Bid(s).
The opening date shall not be sooner than one week after the
Qualifying/ Technical evaluation outcome notification date. The
notification will be sent by email.
26.2 The Financial Bid(s) shall be opened in the presence of the

Bidders representatives who choose to attend. The name of the
Bidder and the bid price shall be read aloud and recorded when
the Financial bid(s) are opened. If so requested by the Procuring
Entity in the BDS, the Letter of Financial Bid and the Bill of
Quantities are to be initialled by representatives of the Procuring
Entity attending bid opening in the manner indicated in the BDS.
The Procuring Entity shall prepare minutes of the public opening
and share with all bidders who participated in the tender process.
E.
Evaluation and Comparison of Bids
27. Confidentiality
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27.1 Information relating to the examination, evaluation, comparison, and

post-qualification of bids and recommendation of contract award, shall not
be disclosed to Bidders or any other persons not officially concerned with
such process until information on Contract award is communicated to all
Bidders.
27.2 Any attempt by a Bidder to influence the Procuring Entity in the
evaluation of the bids or Contract award decisions may result in the rejection
of its bid.
27.3 Notwithstanding ITB 26.2, from the time of bid opening to the time of
Contract award, if any Bidder wishes to contact the Procuring Entity on any
matter related to the bidding process, it may do so in writing.
28. Clarification of Bids
29. Deviations,
Reservations, and
Omissions
To assist in the examination, evaluation, and comparison of the bids, and

qualification of the Bidders, the Procuring Entity may, at its discretion, ask
any Bidder for a clarification of its bid. Any clarification submitted by a Bidder
that is not in response to a request by the Procuring Entity shall not be
considered. The Procuring Entitys request for clarification and the response
shall be in writing. No change in the prices or substance of the bid shall be
sought, offered, or permitted, except to confirm the correction of arithmetic
errors discovered by the Procuring Entity in the evaluation of the bids, in
accordance with ITB 32.
If a Bidder does not provide clarifications of its bid by the date and time set in
the Procuring Entitys request for clarification, its bid may be rejected.
During the evaluation of bids, the following definitions apply:
(a) Deviation is a departure from the requirements specified in the
Bidding Document;
(b) Reservation is the setting of limiting conditions or withholding
from complete acceptance of the requirements specified in the Bidding
Document; and
(C) Omission is the failure to submit part or all of the information or
documentation required in the Bidding Document.
30. Determination of
Responsiveness
30.1 The Procuring Entitys determination of a bids responsiveness is

to be based on the contents of the bid itself, as defined in ITB11.
30.2 A substantially responsive bid is one that meets the requirements

of the Bidding Document without material deviation, reservation,
or omission. A material deviation, reservation, or omission is one
that,
(a)
if accepted, would:
(i)
Affect in any substantial way the scope, quality, or

performance of the Works specified in the Contract; or
(ii)
Limit in any substantial way, inconsistent with the Bidding
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Document, the Procuring Entitys rights or the Bidders

obligations under the proposed Contract; or
(b) If rectified, would unfairly affect the competitive position of
other Bidders presenting substantially responsive bids.
30.3 The Procuring Entity shall examine the technical aspects of the
bid submitted in accordance with ITB 16, Technical Proposal, in
particular, to confirm that all requirements of Section VI
(Employers Requirements) have been met without any material
deviation, reservation or omission.
30.4 If a bid is not substantially responsive to the requirements of the

Bidding Document, it shall be rejected by the Procuring Entity
and may not subsequently be made responsive by correction of
the material deviation, reservation, or omission.
31. Nonconformities,
Errors, and
Omissions
31.1 Provided that a bid is substantially responsive, the Procuring

Entity may waive any non-conformity in the bid.

Entity may request in writing through an email that the Bidder
submit the necessary information or documentation, within a
reasonable period of time, to rectify nonmaterial
nonconformities in the bid related to documentation
requirements. Requesting information or documentation on such
nonconformities shall not be related to any aspect of the price of
the bid. Failure of the Bidder to comply with the request may
result in the rejection of its bid.

Entity shall rectify quantifiable nonmaterial nonconformities
related to the Bid Price. To this effect, the Bid Price may be
adjusted, for comparison purposes only, to reflect the price of a
missing or non-conforming item or component. The adjustment
shall be made using the methods indicated in Section III
(Evaluation and Qualification Criteria).
32. Correction of
Arithmetical Errors
32.1 Provided that the bid is substantially responsive, the Procuring

Entity shall correct arithmetical errors on the following basis:
(a)
only for unit price contracts, if there is a discrepancy
between the unit price and the total price that is obtained
by multiplying the unit price and quantity, the unit price
shall prevail and the total price shall be corrected, unless in
the opinion of the Procuring Entity there is an obvious
misplacement of the decimal point in the unit price, in
which case the total price as quoted shall govern and the
unit price shall be corrected;
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(b)
if there is an error in a total corresponding to the
addition or subtraction of subtotals, the subtotals shall
prevail and the total shall be corrected; aI(c)
if there is a
discrepancy between words and figures, the amount in
words shall prevail, unless the amount expressed in words is
related to an arithmetic error, in which case the amount in
figures shall prevail subject to (a) and (b) above.
If the Bidder that submitted the lowest evaluated bid does not accept the
correction of errors, its bid shall be declared non-responsive.
33. Conversion to Single For evaluation and comparison purposes, the currency (ies) of the bid shall
Currency
34. Margin of
Preference
be converted into a single currency as specified in the BDS.
34.1 A margin of preference shall not apply, unless otherwise specified

in the BDS.
34.2 Domestic bidders shall provide all evidence necessary to prove

that they meet the following criteria to be eligible for a 7
percent margin of preference in the comparison of their bids
with those of bidders who do not qualify for the preference. They
should: (a)
be registered within the country of the Procuring Entitys country.
(b)
have majority ownership by nationals of the Procuring Entitys

country.
(c)
Not subcontract more than 10 percent of the Contract Price,

excluding provisional sums, to foreign contractors.
34.3 The following procedure shall be used to apply the margin of

(a)
(b)
35. Qualification/
Technical Evaluation
of Bids
preference: Responsive bids shall be classified into the following groups:

(i)
Group A: bids offered by domestic bidders and joint

ventures meeting the criteria of ITB Sub-Clause 34.2; and
(ii)
Group B: all other bids.
For the purpose of further evaluation and comparison of bids

only, an amount equal to 7 percent of the evaluated Bid prices
determined in accordance with ITB Sub-Clause 34.2 shall be
added to all bids classified in Group B.
35.1 The Procuring Entity shall check that the bidder and all
companies forming a JV do not contravene the Eligible Countries
requirement given in Section V. A bid failing to meet the
requirements shall be rejected.
35.2 The Procuring Entity shall determine whether the Bidder is
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qualified to perform the Contract satisfactorily. The

determination shall be based upon an examination of the
documentary evidence of the Bidders qualifications submitted
by the Bidder, pursuant to ITB Clause 11, to clarifications in
accordance with ITB Clause 28 and the qualification criteria
indicated in Section III, Evaluation Methodology, and Criteria. A
bid shall be rejected at this stage if it does not meet the specified
technical/ qualifying criteria.
35.3 The Procuring Entity will carry out a detailed evaluation of the
technical aspects on the basis of the Bidders responsiveness to
the Procuring Entitys Requirements, applying the evaluation
criteria, sub-criteria, and methodology specified in Section III,
Evaluation Methodology, and Criteria. A bid shall be rejected at
this stage if it does not respond to important aspects of the
Procuring Entitys Requirements or if it fails to achieve the
minimum technical requirements indicated in Section III,
Evaluation Methodology and Criteria. A bid shall be rejected at
this stage if it does not meet the specified Technical criteria.
35.4 Bidders planning to subcontract any of the key activities indicated

in Section III, Qualification/Technical Criteria, shall specify the
activities or parts of the works to be subcontracted in the Bid
Submission Form. Applicants shall clearly identify the proposed
specialist subcontractors in Forms ELI-1.2 and EXP (experience)4.2(b) in Section IV, Bidding Form. Such proposed specialist
subcontractor(s) shall meet the corresponding qualification
requirements specified in Section III, Qualification/Technical
Criteria and Requirements.
35.5 At this time, the Procuring Entity does not intend to execute
certain specific parts of the Works by subcontractors selected in
advance by the Procuring Entity (Nominated Subcontractors)
unless otherwise stated in the BDS.
35.6 Only those bids meeting the Technical/ Qualification Criteria and
have an acceptable Technical Evaluation will proceed to the
Financial Evaluation.
35.7 A bid whose Qualification/ Technical proposal/ bid contains any

financial proposal/ bid information shall be automatically
rejected and be declared nonresponsive. It shall not be subjected
to further evaluation.
36. Evaluation of
Financial Bids
36.1 The Procuring Entity shall use the criteria and methodologies
listed in this Clause. No other evaluation criteria or
methodologies shall be permitted.
36.2 To evaluate a bid, the Procuring Entity shall consider the

following:
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a) the bid price, excluding Provisional Sums and the

provision, if any, for contingencies in the Summary Bill
of Quantities, but including Daywork items, where
priced competitively;
b) any percentage mark ups of Provisional Sums and all
Provisional Items
c) price adjustment for correction of arithmetic errors in
accordance with ITB 32.1;
d) price adjustment due to discounts offered in
accordance with ITB 14.4;
e) converting the amount resulting from applying (a) to
(c) above, if relevant, to a single currency in
accordance with ITB 33;
f) price adjustment indices is within the ranges
prescribed by the Procuring Entity;
g) adjustment for nonconformities in accordance with
ITB 31.1;
36.3 The estimated effect of the price adjustment provisions of the

Conditions of Contract, applied over the period of execution of
the Contract, shall not be taken into account in bid evaluation.
36.4 If these Bidding Documents allow Bidders to quote separate

prices for different lots (contracts), and the award to a single
Bidder of multiple lots (contracts), the methodology to determine
the lowest evaluated price of the lot (contract) combinations,
including any discounts offered in the Letter of Financial Bid
Form, is specified in Section III, Evaluation and
Qualification/Technical Criteria.
36.5 If the bid, which results in the lowest Evaluated Bid Price, is
seriously unbalanced or front loaded in the opinion of the
Procuring Entity, the Procuring Entity may require the Bidder to
produce detailed price analyses for any or all items of the Bill of
Quantities, to demonstrate the internal consistency of those
prices with the construction methods and schedule proposed.
After evaluation of the price analyses, taking into consideration
the schedule of estimated Contract payments, the Employer may
require that the amount of the performance security be
increased at the expense of the Bidder to a level sufficient to
protect the Procuring Entity against financial loss in the event of
default of the successful Bidder under the Contract.
36.6 Activities and items described in the Qualification/ Technical
37. Comparison of Bids
Proposal but not priced in the Financial Proposal, shall be

assumed to be included in the prices of other activities or items,
and no corrections are made to the Financial Proposal.
The Procuring Entity shall compare all substantially responsive bids to
determine the lowest evaluated bid, in accordance with ITB 36.
38. Procuring Entitys

Right to Accept Any
Bid, and to Reject
Any or All Bids
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The Procuring Entity reserves the right to accept or reject any bid, and to
annul the bidding process entirely and reject all bids at any time prior to
contract award without thereby incurring any liability whatsoever to Bidders.
In case of annulment, the Procuring Entity shall notify all bidders about the
same and bidders shall be required to collect their bids submitted and
specifically, bid securities, at a location to be made known to bidders.
F.
39. Award Criteria
Award of Contract
39.1 Subject to ITB 37.1, the Procuring Entity shall award the Contract
to the Bidder whose offer has been determined to be the lowest
evaluated bid and is substantially responsive to the Bidding
Document, provided further that the Bidder is determined to be
qualified to perform the Contract satisfactorily.
39.2 The contract award shall be subject to the following conditions: No-action - This is a period that gives bidders an opportunity to
seek feedback on the entire selection process. Further information
on this is available in the Financers procurement guidelines.
Due diligence - At the end of the no-action period, the Financer
may decide to conduct due diligence (DD) on the MEAT bidder so
as to ascertain the information evaluated in the bid submitted. A
positive DD outcome shall be followed by pre-contract
clarification and contracting thereafter upon agreement. A
negative DD outcome shall lead to award notification being
withdrawn by the Financer without liability whatsoever and the
second (2nd) ranked bidder being approached for a DD and
subsequent contracting if successful.
40. Notification of
Award
Prior to the expiration of the period of bid validity and subject to provisions
of ITB 39, the Procuring Entity shall notify the successful Bidder, in writing,
via the Letter of Acceptance included in the Contract Forms, that its bid has
been accepted. At the same time, the Procuring Entity shall also notify all
other Bidders of the results of the bidding, and shall publish on TradeMark
East Africa website, www.trademarkea.com. The published information shall
be:
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i.
ii.
Name of each Bidder who submitted a Bid;

Name of bidders whose bids were rejected and the reasons for
their rejection; and
iii.
Name of the winning Bidder, and the Price it offered, as well as
the duration and summary scope of the contract awarded.
Until a formal contract is prepared and executed, the notification of award
shall not constitute a binding Contract.
The Procuring Entity shall promptly respond in writing to any unsuccessful
Bidder who, after notification of award in accordance with ITB 39.1, requests
in writing the grounds on which its bid was not selected.
41. Signing of Contract
41.1 On expiration of no-action period after notification date; the

Procuring Entity having responded to request as per ITB 40.3
shall send the successful bidder the Letter of Acceptance.
41.2 Within twenty-eight (28) days of receipt of the Contract

Agreement, the successful Bidder shall sign, date, and return it to
the Procuring Entity.
42. Performance
Security
42.1 Within twenty-eight (28) days of the receipt of notification of

award from the Procuring Entity, the successful Bidder shall
furnish the performance security to the Employer in accordance
with the conditions of contract, subject to GCC 49.1 using for that
purpose the Performance Security Form included in Section IX
(Contract Forms and Confidentiality Agreement), or another form
acceptable to the Employer. If the performance security
furnished by the successful Bidder is in the form of a bond, it
shall be issued by a bonding or insurance company that has been
determined by the successful Bidder to be acceptable to the
Employer. A foreign institution providing a bond shall have a
correspondent financial institution located in the Employers
Country.
42.2 Failure of the successful Bidder to submit the above-mentioned

Performance Security or to sign the Contract Agreement shall
constitute sufficient grounds for the annulment of the award and
forfeiture of the bid security. In that event the Procuring Entity
may award the Contract to the next lowest evaluated Bidder
whose offer is substantially responsive and is determined by the
Procuring Entity to be qualified to perform the Contract
satisfactorily.
42.3 The above provision shall also apply to the furnishing of a

43. Adjudicator
domestic preference security if so required.

The Employer proposes the person named in the BDS to be appointed as
Adjudicator under the Contract, at the hourly fee specified in the BDS, plus
reimbursable expenses. If the Bidder disagrees with this proposal, the Bidder
should so state in his Bid. If, in the Letter of Acceptance, the Employer does
not agree on the appointment of the Adjudicator, the Employer will request
1-26
the Appointing Authority designated in the Particular Conditions of Contract

(PCC) pursuant to Clause 23.1 of the General Conditions of Contract (GCC), to
appoint the Adjudicator.
Section II Bid Data Sheets
2-27
Section II - Bid Data Sheets

A. Introduction
ITB 1 (d)
The name of the bidding process is: International Competitive bidding (ICB) using
TradeMark East Africa Procurement Guidelines
The identification number of the bidding process and identification of lots comprising this
bidding process is: PRQ20150620
Lot A:
The Rehabilitation of the G-Section Container Yard
Lot B
Revetment works on Lighter Quay
ITB 1 (e)
Applicable law: Kenya
ITB 1 (f)
The Financier is: TRADEMARK EAST AFRICA
ITB 1 (i)
The Client/Employer is: Kenya Ports Authority
ITB 1 (m)
The Procuring Entity: TradeMark East Africa
ITB 2.1
The Beneficiary is: Kenya Ports Authority
ITB 2.1
The name of the Project is: PROPOSED CIVIL WORKS FOR THE REHABILITATION OF THE GSECTION CONTAINER YARD (LOT A) AND REVETMENTS WORKS ON LIGHTER QUAY (LOT B)
ITB 3.1 (a) (vi)

ITB 4.1
False declaration or lack of declaration shall lead to automatic disqualification

The tender is open to a consortium of firms that demonstrate the following capabilities:
A. Prime Contractor : Registered with the National Constructions Authority Category NCA
1 for both Civil and Building Works
B. Electrical Sub-Contractor :
A Valid and Current Ministry of Energys ERC license: - Class A1 License preferable
National Construction Authority (NCA), Electrical Engineering Services contractors
category, Minimum NCA 5
The individuals or firms in a JV [shall] be jointly and severally liable.
2-28
B. Bidding Documents
ITB 7.1
ITB 7.4
For clarification purposes, the Procuring Entitys address is:

Attention: Procurement Director
Kenya Ports Authority c/o
Street Address: TradeMark East Africa, Equatorial Fidelity Centre, Waiyaki Way, Westlands,
Floor/Room number: 2nd Floor
City: Nairobi
ZIP Code:
Country: Kenya
Telephone: +254- 20- 4235000
Electronic mail address: procurement@trademarkea.com
Requests for clarification should be received by the Procuring Entity no later than: 21
(twenty-one) calendar days to closure of the tender, that is, no later than 12th January
2016 (11.00 a.m. Kenya time)
A Pre-Bid meeting shall take place. The Pre-Bid meeting will take place at the following
date, time and place:
Date: Wednesday 6th January 2016
Time: 1000 hrs
Place: Bidder shall congregate at the KPA Procurement Conference Room of KPA located
at the Port of Mombasa
A site visit conducted by the Procuring Entity shall be organized and shall be part of the
pre-bid meeting.
2-29
C. Preparation of Bids
ITB 10.1
The language of the bid is: English
ITB 11.2
The Bidder shall submit with its bid the following additional documents: a) Power of attorney signed before a commissioner for oaths;
b) Certificate of incorporation;
c) Registration certificate for civil works valid at least until the date of bids submission
deadline
d) Tax clearance certificate valid at least until the date of bids submission deadline
e) JV agreement or intention to sign one (for JV); and
f) Bid security.
The Bidder shall submit with its bid the following additional documents:
Qualification/Technical Bid Submission Sheet,
Bidder Information Form ELI -1,
Bidder's Party Information Form ELI -1.2,
Historical Contract Non-Performance Form CON 2,
Financial Situation Form FIN 3.1,
Average Annual Construction Turnover Form FIN - 3.2,
Financial Resources Form FIN 3.3,
Available Tender Capacity Part 1 Form ATC 5.1(a),
Available Tender Capacity Part 2 Form ATC 5.1(b),
General Construction Experience Form EXP - 4.1,
Similar Construction Experience Form EXP - 4.2(a),
Construction Experience in Key Activities Form EXP - 4.2(b),
Form of Bid Security,
List of employers in the past 3 years;
References from these employers indicating or confirming commitments or
undertakings by the bidder.
Where a Joint Venture is proposed a copy of the Joint Venture Agreement entered into
by all partners or a letter of intent to form a joint venture, and
ITB 13.1
Any other relevant document.
Details of proposed method statement: a)

Site Organisation;
b)
Method Statement;
c)
Mobilisation Schedule;
d)
Construction Schedule;
e)
Quality Assurance System;
f)
Equipment;
g)
Personnel; and
h)
Any other relevant detail.
Alternative bids shall not be permitted.
2-30
ITB 13.2
The time for completion shall be 12 months. Alternative times for completion beyond the
specified time for completion shall not be permitted.
ITB 13.4
Alternative technical solutions shall be permitted for the following parts of the Works: N/A.
ITB 14.6
The prices quoted by the Bidder shall not be subject to adjustment during the performance
of the Contract.
ITB 15.1
The prices shall be quoted by the bidder in: United States Dollars (USD$)
ITB 18.1
The bid validity period shall be: 120 days from bid opening date.
ITB 19.1
The Bidder shall furnish a bid security in the amount of: USD 100,000 [United States Dollars
One hundred thousand only]. In the form of a bank guarantee in the format provided in
Section IV Bidding Forms
ITB 19.3
Bid Security Validity: 1st May 2016
ITB 20.1
In addition to the one (1) original of the bid, the number of copies is: 3 copies and 1 CD Rom.
CD Roms should be in put in the respective technical and financial bid envelopes.
ITB 20.2
The written confirmation of authorization to sign on behalf of the Bidder shall indicate:
(a) A Power of Attorney which must be witnessed by a commissioner for oaths; and
(b) In the case of Bids submitted by an existing or intended JV an undertaking signed by all
parties (i) stating that all parties shall be jointly and severally liable, if so required in
accordance with ITB 4.1(a), and (ii) nominating a Representative who shall have the
authority to conduct all business for and on behalf of any and all the parties of the JV
during the bidding process and, in the event the JV is awarded the Contract, during
contract execution.
D. Submission and Opening of Bids

ITB 21.1
ITB 22.1
Bidders shall not have the option of submitting their bids electronically.
For bid submission purposes, the Procuring Entitys
address is:
TradeMark East Africa, Equatorial Fidelity Centre
Attention:
Street Address:
Floor/Room number:
City:
Country:
Procurement Director
Waiyaki Way, Westlands
2nd Floor
Nairobi
Kenya
The deadline for bid submission is:

Date:
1st February 2016
Time:
11.00 am (Kenya time)
ITB 25.1
2-31
The Technical/ Qualification bid opening shall take place at:

TradeMark East Africa, Equatorial Fidelity Centre, 2nd Floor, Waiyaki Way, Westlands,
Nairobi, KENYA.
ITB 26
Date: 1st February 2016

Time: 11.30 am
The Financial proposal
This will be for bidders who are found to be technically responsive.
Venue: same as in ITB 25.1
Date: To be confirmed.
Time: To be confirmed.
E. Evaluation and Comparison of Bids

ITB 33.1
The currency that shall be used for bid evaluation and comparison purposes to convert all
bid prices expressed in various currencies into a single currency is: United States Dollars
(USD $)
The source of exchange rate shall be: Central Bank of Kenya
The date for the exchange rate shall be: The source of exchange rate shall be Bank of
Kenya and the date for the exchange rate shall be 28 days prior to bid submission.
ITB 34.1
A margin of preference shall apply.

The application methodology shall be as stipulated in Section III (Evaluation and
Qualification Criteria)
ITB 43.1
The Adjudicator proposed by the Employer is: To be proposed at a later stage and agreed
upon with the successful bidder.
The hourly fee for this proposed Adjudicator shall be: To be proposed at a later stage and
agreed upon with the successful bidder.
The biographical data of the proposed Adjudicator is as follows: To be proposed at a later
stage and agreed upon with the successful bidder.
3-32
Section III - Evaluation and Qualification Criteria
This section contains all the criteria that the Procuring Entity shall use to evaluate bids and qualify Bidders if
the bidding was not preceded by a prequalification exercise and post-qualification is applied. In accordance
with ITB 35 and ITB 36, no other methods, criteria and factors shall be used. The Bidder shall provide all the
information requested in the forms included in Section 4 (Bidding Forms).
Table of Criteria
1.
Evaluation .............................................................................................................................................33
1.1
1.2
1.3
1.4
1.5
2.
Adequacy of Technical Proposal ..................................................................................................... 33

Multiple Contracts .......................................................................................................................... 33
Completion Time ............................................................................................................................ 33
Technical Alternatives ..................................................................................................................... 33
Margin of Preference ...................................................................................................................... 33
Assessement of Qualification ................................................................................................................34
2.1
2.2
2.3
2.4
2.5
2.6
Eligibility.......................................................................................................................................... 34
Historical Contract Non-Performance ............................................................................................ 35
Financial Situation........................................................................................................................... 35
Experience....................................................................................................................................... 37
Personnel ........................................................................................................................................ 41
Equipment ...................................................................................................................................... 42
1.
3-33
Evaluation
The evaluation shall be conducted in three sequential stages:
a. Assessment of Qualification;
b. Assessment of Technical Bid; and
c. Assessment of Financial Bid.
N/ B:
Failure of a bid at any stage shall prevent its further consideration.
In addition to the criteria listed in ITB 35 the following criteria shall apply:
1.1
Adequacy of Technical Proposal

Evaluation of the Bidder's Technical Proposal will include an assessment of the Bidder's
technical capacity to mobilize key equipment and personnel for the contract consistent with
its proposal regarding work methods, scheduling, and material sourcing in sufficient detail
and fully in accordance with the requirements stipulated in Section VI Works Requirements
(Employer's Requirements) and Drawings.
1.2
Multiple Contracts
Pursuant to Sub-Clause 35.4 of the Instructions to Bidders, if Works are grouped in multiple
contracts, evaluation will be as follows: N/ A
1.3
Completion Time
An alternative Completion Time, if permitted under ITB 13.2, will be evaluated as follows: N/ A
1.4
Technical Alternatives
Technical alternatives, if permitted under ITB 13.4, will be evaluated as follows: N/ A
1.5
Margin of Preference
If a margin of preference shall apply under ITB 33.1, the procedure will be as follows as:
a. Responsive bids shall be classified into the following groups:
i.
ii.
Group A: bids offered by domestic bidders and joint ventures

meeting the criteria of ITB Sub-Clause 34.2; and
Group B: all other bids.
b. For the purpose of further evaluation and comparison of bids only, an amount
equal to 7 percent of the evaluated Bid prices determined in accordance with
ITB Sub-Clause 34.2 shall be added to all bids classified in Group B.
2.
3-34
Assessement of Qualification
Factor
2.1
Eligibility
Criteria
Bidder
Sub-Factor
Requirement
Single Entity
2.1.1 Nationality
Nationality in accordance with

ITB 4.2.
Must meet
requirement
2.1.2 Conflict of
Interest
No- conflicts of interests as

described in ITB 4.3.
Must meet
requirement
2.1.3 TMEA Ineligibility
Not having been declared

ineligible by the TMEA as
described in ITB 4.4.
Compliance with conditions of
ITB 4.5
Not having been excluded as a
result of the Beneficiarys
country laws or official
regulations, or by an act of
compliance with UN Security
Council resolution, in
accordance with ITB 4.8
Must meet
requirement
2.1.4 Government
Owned Entity
2.1.5 Ineligibility based
on a United Nations
resolution or
Beneficiarys country
law
Must meet
requirement
Must meet
requirement
Joint Venture, Consortium or Association

All partners
Each partner
At least one
combined
partner
Existing or
Must meet
N/A
intended JV
requirement
must meet
requirement
Existing or
Must meet
N/A
intended JV
requirement
must meet
requirement
Existing JV
Must meet
N/A
must meet
requirement
requirement
Must meet
Must meet
N/A
requirement
requirement
Existing JV
must meet
requirement
Must meet
requirement
N/A
Documentation
Required
Form ELI 1.1 and 1.2,
with attachments
Letter of Bid
Letter of Bid
Form ELI 1.1 and 1.2,

with attachments
Letter of Bid
Factor
2.2
3-35
Historical Contract Non-Performance

Criteria
Bidder
Sub-Factor
Requirement
Single Entity
2.2.1 History of nonperforming contracts
2.2.2 Pending
Litigation
Factor
Sub-Factor
Non-performance of a
contract did not occur within
the last two (2) years prior to
the deadline for application
submission, based on all
information on fully settled
disputes or litigation. A fully
settled dispute or litigation is
one that has been resolved in
accordance with the Dispute
Resolution Mechanism under
the respective contract, and
where all appeal instances
available to the bidder have
been exhausted.
Must meet
requirement
by itself or as
partner to
past or
existing JV
All pending litigation shall in

total not represent more than
ten percent (10 %) of the
Bidders net worth and shall
be treated as resolved against
the Bidder.
Must meet
requirement
by itself or as
partner to
past or
existing JV
2.3

All partners
Each partner
At least one
combined
partner
Documentation
Required
Form CON - 2
N/A
N/A
Must meet
requirement
by itself or as
partner to
past or
existing JV
Must meet
requirement
by itself or as
partner to
past or
existing JV
N/A
Form CON 2
N/A
Financial Situation
Criteria
Documentation
3-36
Required
Bidder
Requirement
2.3.1 Historical
Financial Performance
2.3.2. Average Annual

Turnover
Single Entity
Submission of audited balance

sheets for the last three [3]
years to demonstrate the
current soundness of the
Must meet
bidders financial position and requirement
its prospective long term
profitability.
Minimum average annual
turnover of USD $10,000,000,
calculated as total certified
payments received for
contracts in progress or
completed, within the last
three (3) years
Must meet
requirement

All partners
At least one
Each partner
combined
partner
N/A
Must meet
requirement
N/A
Form FIN 3.1 with

attachments
Must meet
requirement
Must meet
thirty percent
(30 %) of the
requirement
Must meet
sixty percent
(60 %) of the
requirement
Form FIN 3.2
2.3.3. Financial
Resources
Factor
The Bidder must demonstrate

access to, or availability of,
financial resources such as
liquid assets, unencumbered
real assets, lines of credit, and
other financial means, other
than any contractual advance
payments to meet:
(i) the following cash-flow
requirement:
USD $2,500,000 (two million,
five hundred thousands)
and
(ii) the overall cash flow
requirements for this contract
and its concurrent
commitments.
2.4
Experience
3-37
Must meet
requirement
Must meet
requirement
Must meet
Thirty percent
(30 %) of the
requirement
Must meet
sixty percent
(60 %) of the
requirement
Form FIN 3.3
Criteria
Bidder
Sub-Factor
Requirement
Single Entity
2.4.1 General
Experience
Experience under contracts in

the role of contractor,
subcontractor, or management
contractor for at least the last
five [5] years prior to the
applications submission deadline,
and with activity in at least nine
(9) months in each year.
Must meet
requirement

All partners
Each partner At least one
combined
partner
N/A
Must meet
requirement
N/A
Documentation
Required
Form EXP-4.1
2.4.2 Specific
Experience
2.4.2 Specific
Experience
(a)Participation as contractor,
management contractor, or
subcontractor, in at least three
(3) contracts within the last three
(3) years, each with a value of at
least ten million united states
dollars (USD $10,000,000), that
have been successfully and
substantially completed and that
are similar to the proposed
Works. The similarity shall be
based on the physical size,
complexity, methods/technology
or other characteristics as
described in Section VI,
Employers Requirements.
b) For the above or other
contracts executed during the
period stipulated in 2.4.2(a)
above, a minimum experience in
the following key activities:
a) 20,000 m3 Concrete Hardstanding Areas (Lot A)
b) Construction of 5,000 m2 of
revetment works. (Lot B)
c) Construction of 5 km AC
surfaced roads (Lot A)
d) Installation of cabling for ICT,
Monopoles and other
electrical services. (Lot A)
e) heavy demolition works of at
least 5,000 m mass concrete
(Lot B)
3-38
Must meet
requirement
Must meet
requirements
Must meet
requirements
for all
characteristics
N/A
Must meet
requirements
N/A
Must meet
requirement
for one
characteristic
Must meet
requirements
Form EXP 2.4.2(a)
Form EXP-2.4.2(b)
References
Satisfactory References from

Employers
3-39
Must be
substantially
satisfactory
Must be
substantially
satisfactory
Must be
substantially
satisfactory
Must be
substantially
satisfactory
Form EXP 4.2(a)
3-41
Assessment of Technical Bid
Evaluation of bidders Technical Bid/s will include an assessment of the Bids with respect to the following:
a) Site Organization;
b) Proposed methodology (method statement and work plan);
c) Mobilization Schedule;
d) Construction/Work Schedule;
e) Quality Assurance System;
f) Mobilize key equipment;
g) Technology proposed; and
h) Personnel.
2.5 Personnel
The Bidder must demonstrate that it will have the personnel for the key positions that meet the following
requirements:
a) Prime Contractor: Civil Works
Minimum Qualifications
No.
1.
2.
3.
4.
5.
Position
Project Manager for
Each Lot
Marine Engineer (For
Revetment Works Lot
B)
Concrete Pavement
Engineer (Lot A)
Surveyor (1 No.) For
Each Lot
Foremen/ (1 No) for
Each Lot
B.Sc. Civil Engineering / Quantity

Survey or HND in Construction
B.Sc. Civil Engineering
B.Sc. Civil Engineering

Diploma in Surveying
Diploma in Construction / Civil
Engineering
b) Electrical Sub-Contractor: Electrical Works

Minimum Qualifications
No.
Position
1.
2.
3.
4.
5.
Site Engineer
Electrician
Fitter
Welder
Foremen/ (1 No)
B.Sc. Engineering / ERC Certificate

Trade test Class1 Certificate
Diploma in Electrical/ Construction
/ Civil Engineering or Quantity
Survey
Total Working
Experience
(years)
In Similar Works
Experience
(years)
15
10
10
15
10
10
Total Working
Experience
(years)
10
15
5
10
In Similar Works
Experience
(years)
5
10
5
5
10
The Bidder shall provide details of the proposed personnel and their experience records in the relevant
Forms included in Section IV, Bidding Forms.
2.6
3-42
Equipment
a) Civil and Building Works

The Bidder must demonstrate that it will have access to the Prime (Civil and Building) Contractors
equipment listed hereafter:
No.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
Equipment Type and Characteristics
Concrete Batching Plant (Lot A)

Concrete Truck Mixers (Lot A)
Dumpers/shovel/bobcat (Lot A)
Excavator/Front Loader (at least 20 t) (Lot A&B)
Vibratory Compactor/tandem roller (Lot A)
Tippers 16 ton capacity (Lot A &B)
Poker/foam vibrator (Lot A)
Grader 160 H (Lot A)
Bulldozer D8 (Lot A)
Floating pontoon with spud legs and sufficient loading
capacity (Lot B)
Long Reach Front excavator (at least 30 t) (Lot B)
Crawler crane (Lot B)
Paver with electronic levelling (Lot A)
Indicate its Condition and

provide evidence of
ownership or lease
1
4
1
2
1
8
3
1
1
1
1
1
1
The Bidder shall provide further details of proposed items of equipment using the relevant Form in
Section IV including providing proof of ownership or lease for the contract duration/ period.
Section IV Bid Submission Forms
4-43
Table of Forms
Bid Submission Forms...................................................................................................................................44

Qualification/ Technical Bid Submission Form ..............................................................................................44
Financial Bid Submission Form .....................................................................................................................46
Financial proposal form ................................................................................................................................48
Schedules .....................................................................................................................................................48
Bill of Quantities ....................................................................................................................................... 48
Form of Bid Security (Bank Guarantee).........................................................................................................52
FAIR PRICE DECLARATION FORM ..................................................................................................................53
Technical Proposal .......................................................................................................................................54
Technical Proposal Forms ......................................................................................................................... 54
Forms for Personnel ................................................................................................................................. 55
Forms for Equipment ................................................................................................................................ 57
Bidders Qualification ...................................................................................................................................59
Bidder Information Sheet ......................................................................................................................... 60
Party to JV Information Sheet ................................................................................................................... 61
Historical Contract Non-Performance ...................................................................................................... 62
Current Contract Commitments / Works in Progress ............................................................................... 63
Financial Situation Form FIN 3.1 ............................................................................................................ 64
Average Annual Turnover ......................................................................................................................... 66
Financial Resources .................................................................................................................................. 67
Form EXP 4.1.......................................................................................................................................... 68
General Experience................................................................................................................................... 68
Specific/ similar Experience ...................................................................................................................... 69
Specific Experience in Key Activities ......................................................................................................... 71
4-44
Bid Submission Forms

Qualification/ Technical Bid Submission Form
The Bidder must prepare the Letter of Bid on stationery with its letterhead clearly showing the Bidders
complete name and address.
Name of Tender: CIVIL WORKS FOR THE REHABILITATION OF THE G-SECTION (LOT A)/ REVETMENT WORKS
ON LIGHTER QUAY (LOT B)
Tender number submission is referring to:
To:
TradeMark East Africa,
Equatorial Fidelity Centre,
2nd Floor, Waiyaki Way,
Westlands,
Nairobi,
KENYA.
Dear Sir/ Madam:
We, the undersigned, declare that:
1. We have examined and we have no reservations to the Bidding Documents, including addenda
thereto issued in accordance with the Instructions to Bidders.
2. In accordance with the Conditions of Contract, Employers Requirements, Drawings, and
Schedules of Prices and Addenda Nos. [Insert Addenda Nos.] For the execution of the abovenamed Works, we offer to implement/ construct these Works and remedy any defects therein in
conformity with the Conditions of Contract, Employers Requirements, Drawings, and Addenda.
3. We undertake, if our Bid is accepted, to obtain a Performance Security in accordance with the
Bidding Documents and commence the Works as soon as is reasonably possible after the receipt
of the Engineers notice to commence, and to complete the whole of the Works comprised in the
Contract.
4. We agree to abide by this Bid until the date specified in ITB Clause 18, [Insert date], and it shall
remain binding upon us and may be accepted at any time before that date.
5. Unless and until a formal Contract is prepared and executed, this Bid, together with your written
acceptance thereof, shall NOT constitute a binding contract between us.
6. We certify that we, including any subcontractors and suppliers for any part of the Contract have
or will have nationalities from eligible countries in accordance with ITB 4.2.
7. We certify that we and any subcontractors and suppliers for any part of the Contract comply with
the requirements of ITB Clauses 3 and 4 of the Bidding Documents. By that, we mean that we,
including any subcontractors or suppliers for any part of the Contract, do not have any conflict of
interest in accordance with ITB 4.3; have not been declared ineligible as described in ITB 4.6 and
4-45
ITB 3.1(c); and have not been excluded as a result of the Laws of Kenya or official regulations, or
by an act of compliance with a decision of the United Nations Security Council in accordance with
ITB 4.7.
8. We hereby certify that we have taken steps to ensure that no person acting for us or on our
behalf will engage in bribery.
Dated this
Signature
day of
In the capacity of
Duly authorized to sign Bids for and on behalf of

Official Stamp __________________________________________________
[in block capitals or typed]
Address:
Witness:
Address:
Occupation:
20
4-46
Financial Bid Submission Form

Name of Contract: CIVIL WORKS FOR THE REHABILITATION OF THE G-SECTION (LOT A)/REVETMENT WORKS
ON LIGHTER QUAY (LOT B)
Tender reference of this tender/ bid:
To:
Westlands,
Nairobi,
KENYA.
Dear Sir/ Madam:
We, the undersigned, declare that:
1. We have examined and we have no reservations to the Bidding Documents, including addenda
thereto issued in accordance with the Instructions to Bidders.
2. In accordance with the Conditions of Contract, Employers Requirements, Drawings, and
Schedules of Prices and Addenda Nos.[insert Addenda Nos.] for the execution of the above-named
Works, we offer to design, construct and install such Works and remedy any defects therein in
conformity with the Conditions of Contract, Employers Requirements, Drawings, Schedules of
Prices, and Addenda for the sum of [insert amount in numbers and words] as specified in the
bidding documents or such other sums as may be ascertained in accordance with the conditions.
3. We undertake, if our Bid is accepted, to obtain a Performance Security in accordance with the
Bidding Documents and commence the Works as soon as is reasonably possible after the receipt
of the Engineers notice to commence, and to complete the whole of the Works comprised in the
Contract within the time agreed with the employer.
4. We agree to abide by this Bid until the date specified in ITB Clause 18, [Insert detail], and it shall
remain binding upon us and may be accepted at any time before that date.
5. Unless and until a formal Contract is prepared and executed, this Bid, together with your written
acceptance thereof, shall NOT constitute a binding contract between us.
6. We understand that you are not bound to accept the lowest or any Bid you may receive.
7.
Commissions or gratuities, if any, paid or to be paid by us to agents relating to this Bid, and to
Contract execution if we are awarded the Contract, are listed below:
Name and address of agent
4-47
Amount
currency
and
Purpose of commission or
gratuity
(if none, state none)

8. We hereby certify that we have taken steps to ensure that no person acting for us or on our
behalf will engage in bribery.
Dated this
Signature
day of
20
In the capacity of
Duly authorized to sign Bids for and on behalf of

Official Stamp _____________________________________________________________
[In block capitals or typed]
Address:
Witness:
Address:
Occupation
4-48
Financial proposal form

Schedules
Bill of Quantities
Introduction
1.
Method of measurement
The method of measurement of completed work for payment shall be in accordance with the Kenya
Standard Specification for Road and Bridge Works 1986, and Specification of Particular application.
2.
Contract
The Conditions of Contract applicable are the Conditions of Contract, published by TradeMark East
Africa, V2 2013-3-14.
3.
Quantities
Quantities are provisional and give an indication of the volume of works to be carried out. There is no
guarantee that all the works in the Bill of Quantities will be done. The quantities are provided to also give
a common basis for tendering and evaluation of tenders. In the Bill of Quantities, Specifications shall
mean either Standard or Special Specifications, interchangeably, as the context may require.
4.
Rates and Prices
The rates and prices shall be inclusive of all the work components as described in the Standard and
Specifications of Particular Application. There shall be no further payment to the contractor due to failure
to observe these rules.
5.
Demolitions
Demolitions have been measured in units as described in the Bills of Quantities for the various structures.
6.
Value Added Tax and Withholding Tax
The Tenderer shall insert a sum in the Bill of Quantities as provided. Payments of VAT shall be in
accordance with the relevant authorities in force at the time. The contractor shall allow for withholding
tax in his rates in accordance with the relevant authorities in force at the time.
7.
Ordering of Materials
Materials shall not be ordered on the basis of Bill of Quantities. They shall be ordered on the basis of
working drawings or as measured and determined on site with the approval of the Project Manager.
8.
Site Inspection
The Contractor is deemed to have inspected the site prior to tendering and gain an intimate knowledge
and understanding of the site and the scope of the works, including assessment of the following:
a) Examined all the information made available by the Client for the purpose of tendering including
the drawings, Specification, Bill of Quantities, Conditions of Tendering, diagrams, Contract
conditions, and the like;
4-49
b) Examined all information relevant to the risks, contingencies and other circumstances which
could affect its tender, and which is obtainable by making reasonable inquiries;
c) Examined the site and its surroundings, all visible existing conditions on and adjacent to the site
and any condition relating to or relevant to the site, which could be determined by diligent
inquiry;
d) Conditions of access to, in and around the site;
e) Location of all existing services on the site and adjacent to the site;
f) Informed itself as far as practicable of all relevant physical conditions on the site, and the climatic
conditions at or near the site;
g) The nature and requirements of the work to be done;
h) Terminal operational matters which could affect working conditions on the site;
i) Satisfied itself as to the correctness and sufficiency of its tender for the Works under the
Contract;
j) Satisfied itself that the rates and prices stated therein cover the cost of performing all its
obligations under the Contract, and
k) The Contract Sum is deemed to have taken into account (without limitation) the above
considerations.
9.
Daywork
Work shall not be executed on a daywork basis except by written order of the Project Manager in
accordance with the Conditions of Contract.
10. Optional Items
The optional items shall be priced according to the Bill of Quantities and Specifications. The price
proposals for these items will be taken into consideration during evaluation of the Bids. The Project
Manager is free to decide whether these optional items will be performed by the Contractor.
No variations to the Contract will be approved as a result of a Contractor's claim based upon conditions
on or affecting the site or the Works, which could have been assessed during the tender period.
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OUTLINE SCOPE OF WORKS

The Works to be carried out are located within the Mombasa Port and confined to the G-Section of the
Port, and the access road presently used by traffic to the dockyard.
This part of the Port includes the area behind the Lighter Quays from the dockyard to the main entrance
gate and Berth 1 and is referred to as Area G (see Figure 1).
Large areas of the G-Section are currently unpaved and not suitable for modern port operations. It is
proposed to pave the G-section and to create additional storage capacity for containers.
The nature of the works in Lot A is rehabilitation of the G-Section by paving with concrete slab, widening
of the access road, installation of new ISS gate, Electrical Works for Reefer Racks and Monopoles, while
works in Lot B are revetment works on the quay side.
Figure 1: Location of G-Section within Mombasa Port shaded in blue.
4-51
BILLS OF QUANTITIES
These are Provided Separately in Excel Format for Lot A and Lot B
4-52
Form of Bid Security (Bank Guarantee)
__________________________ [Banks Name, and Address of Issuing Branch or Office]

Beneficiary:
Westlands,
Nairobi,
KENYA.
Date: __________________________
BID GUARANTEE No.: __________________________
We have been informed that __________________________ [name of the Bidder] (hereinafter called
"the Bidder") has submitted to you its bid dated ___________ (hereinafter called "the Bid") for the
execution of Civil Works for the Rehabilitation of the G-Section (Lot A)/Revetment Works on Lighter Quay
(Lot B) under Invitation for Bids No. ___________ (the IFB).
Furthermore, we understand that, according to your conditions, bids must be supported by a bid
guarantee.
At the request of the Bidder, we ____________________ [name of Bank] hereby irrevocably undertake
to pay you any sum or sums not exceeding in total an amount of USD 100,000 [United States Dollars One
hundred thousand only] upon receipt by us of your first demand in writing accompanied by a written
statement stating that the Bidder is in breach of its obligation(s) under the bid conditions, because the
Bidder:
(a)
has withdrawn its Bid during the period of bid validity specified by the Bidder in the
Form of Bid; or
(b)
having been notified of the acceptance of its Bid by the Employer during the period
of bid validity, (i) fails or refuses to execute the Contract Form, if required, or (ii)
fails or refuses to furnish the performance security, in accordance with the ITB.
This guarantee will expire: (a) if the Bidder is the successful Bidder, upon our receipt of copies of the
contract signed by the Bidder and the performance security issued to you upon the instruction of the
Bidder; and (b) if the Bidder is not the successful Bidder, upon the earlier of (i) our receipt of a copy your
notification to the Bidder of the name of the successful Bidder; or (ii) twenty-eight days after the
expiration of the Bidders bid.
Consequently, any demand for payment under this guarantee must be received by us at the office on or
before that date.
This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No. 458.
_____________________________
[signature(s)]
4-53
FAIR PRICE DECLARATION FORM

[Instructions: to be submitted alongside the Financial Bid Submission]
We/I [insert name of the consultant or consultancy firm] hereby declare that the price quoted in our
financial proposal are in line with the market rates and/or the approved professional charges, are
economical and that there is no collusion in submission of this bid. We/I hereby give TradeMark East
Africa authority to terminate the contract without further communication should they discover that we/I
[insert name of consultant or consultancy firm] are in contravention of this declaration.
Name:
Designation:
Signature:
..
Date:
4-54
Technical Proposal
Technical Proposal Forms
Personnel
Equipment
Site Organization
Method Statement
Sustainability statement and approach
Mobilization Schedule
Construction/Work Schedule
Others
4-55
Forms for Personnel
Form PER 1: Proposed Personnel

Bidders should provide the names of suitably qualified personnel to meet the specified requirements for
each of the positions listed in Section III (Evaluation and Qualification Criteria). The data on their experience
should be supplied using the Form below for each candidate.
1.
Title of position
Name
2.
Title of position
Name
3.
Title of position
Name
4.
Title of position
Name
5.
Title of position
Name
6.
Title of position
Name
etc.
Title of position
Name
Note: the proposed personnel must sign against this form as well as the power of attorney
Proposed personnel sign & date
Power of attorney .. sign & date
4-56
Form PER 2: Resume of Proposed Personnel

The Bidder shall provide all the information requested below. Fields with asterisk (*) shall be used for
evaluation.
Position*
Personnel
information
Name *
Date of birth
Professional qualifications
Present
employment
Name of Employer
Address of Employer
Telephone
Contact (manager / personnel officer)
Fax
E-mail
Job title
Years with present Employer
Summarize professional experience in reverse chronological order. Indicate particular technical and
managerial experience relevant to the project.
From*
To*
Company, Project , Position, and Relevant Technical and Management

Experience*
4-57
Forms for Equipment

The Bidder shall provide adequate information to demonstrate clearly that it has the capability to meet the
requirements for the key equipment listed in Section III (Evaluation and Qualification Criteria). A separate
Form shall be prepared for each item of equipment listed, or for alternative equipment proposed by the
Bidder. The Bidder shall provide all the information requested below, to the extent possible. Fields with
asterisk (*) shall be used for evaluation.
Type of Equipment*
Equipment
Information
Name of manufacturer
Model and power rating
Capacity*
Year of manufacture*
Current Status Current location
Details of current commitments
Source
Indicate source of the equipment

Owned
Rented
Leased
Specially manufactured
The following information shall be provided only for equipment not owned by the Bidder.
Owner
Name of owner
Address of owner
Agreements
Telephone
Contact name and title
Fax
Telex
Details of rental / lease / manufacture agreements specific to the project
4-58
Form for Sustainability statement and approach

The Bidder shall provide adequate information to demonstrate clearly that it has will deliver the project
sustainably through use of renewable energy sources and by having rain water harvesting mechanisms/
features among other approaches/ methodologies.
Sustainability methodology
Implementation approach
4-59
Bidders Qualification
To establish its qualifications to perform the contract in accordance with Section III (Evaluation and
Qualification Criteria) the Bidder shall provide the information requested in the corresponding
Information Sheets included hereunder
4-60
Form ELI 1.1

Bidder Information Sheet
Date: ______________________
Bidding No.: ________________
Invitation for Bid No.: ________
Page ________ of _______ pages
1. Bidders Legal Name
2. In case of JV, legal name of each party:
3. Bidders actual or intended Country of Registration:
4. Bidders Year of Registration:
5. Bidders Legal Address in Country of Registration:
6. Bidders Authorized Representative Information
Name:
Address:
Telephone/Fax numbers:
Email Address:
7. Attached are copies of original documents of:
Articles of Incorporation or Registration of firm named in 1, above, in accordance with ITB SubClauses 4.1 and 4.2.
In case of JV, letter of intent to form JV including a draft agreement, or JV agreement, in

accordance with ITB Sub-Clauses 4.1
In case of government owned entity from the Employers country, documents establishing legal
and financial autonomy and compliance with the principles of commercial law, in accordance with
ITB Sub-Clause 4.5.
4-61
Form ELI 1.2

Party to JV Information Sheet
Date: ______________________
Bidding No.: ___________________
Invitation for Bid No.:_________
Page ________ of_ ______ pages
1. Bidders Legal Name:
2. JVs Party legal name:

3. JVs Party Country of Registration:
4. JVs Party Year of Registration:
5. JVs Party Legal Address in Country of Registration:
6. JVs Party Authorized Representative Information

Name:
Address:
Telephone/Fax numbers:
Email Address:
7. Attached are copies of original documents of:
Articles of Incorporation or Registration of firm named in 1, above, in accordance with ITB SubClauses 4.1 and 4.2.
In case of government owned entity from the Purchasers country, documents establishing legal
and financial autonomy and compliance with the principles of commercial law, in accordance
with ITB Sub-Clause 4.5.
4-62
Form CON 2
Historical Contract Non-Performance
Bidders Legal Name: _______________________

JV Partner Legal Name: _______________________
Date: _____________________
___________________
Bidding No.: __________________
Page _______ of _______ pages
Non-Performing Contracts in accordance with (Evaluation and Qualification Criteria)

Contract non-performance did not occur during the stipulated period, in accordance with Sub-Factor
2.2.1 of Section III (Evaluation and Qualification Criteria)
Contract non-performance during the stipulated period, in accordance with Sub-Factor 2.2.1 of
Section III (Evaluation and Qualification Criteria).
Year
______
Outcome as
Percent of
Total Assets
______
Contract Identification
Contract Identification:
Name of Employer:
Address of Employer:
Matter in dispute:
Total Contract
Amount (current
value, US$
equivalent)
___________
Pending Litigation, in accordance with Section III (Evaluation and Qualification Criteria)
No pending litigation in accordance with Sub-Factor 2.2.2 of Section III(Evaluation
Criteria)
Pending litigation in accordance with Sub-Factor 2.2.2 of Section III(Evaluation
Criteria), as indicated below
Year
Outcome as
Percent of
Total Assets
______
______
______
______
Name of Employer:
Matter in dispute:
Name of Employer:
Matter in dispute:
and Qualification
and Qualification
Total Contract
Amount (current
value, US$
equivalent)
___________
___________
4-63
Form CCC
Current Contract Commitments / Works in Progress
Bidders and each partner to a JV should provide information on their current commitments on all contracts
that have been awarded, or for which a letter of intent or acceptance has been received, or for contracts
approaching completion, but for which an unqualified, full completion certificate has yet to be issued.
Name of contract
1.
2.
3.
4.
5.
etc.
Employer,
contact
address/tel/fax
Value of
outstanding work
(current US$
equivalent)
Estimated
completion date
Average monthly
invoicing over last
six months
(US$/month)
4-64
Financial Situation Form FIN 3.1

Historical Financial Performance
Bidders Legal Name: _______________________
JV Partner Legal Name: _______________________
Date: _____________________
Bidding No.: __________________
Page _______ of _______ pages
To be completed by the Bidder and, if JV, by each partner

Financial
information in
US$ equivalent
Historic information for previous ______ (__) years

(US$ equivalent in 000s)
Year 1
Year 2
Year 3
Year
Year n
Avg.
Avg.
Ratio
Information from Balance Sheet

Total Assets
(TA)
Total Liabilities
(TL)
Net Worth
(NW)
Current Assets
(CA)
Current
Liabilities (CL)
Information from Income Statement
Total Revenue
(TR)
Profits Before
Taxes (PBT)
Attached are copies of financial statements (balance sheets, including all related notes, and income
statements) for the years required above complying with the following conditions:
Must reflect the financial situation of the Bidder or partner to a JV, and not sister or parent
companies
4-65
Historic financial statements must be audited by a certified accountant
Historic financial statements must be complete, including all notes to the financial statements
Historic financial statements must correspond to accounting periods already completed and
audited (no statements for partial periods shall be requested or accepted)
4-66
Form FIN 3.2

Average Annual Turnover
Bidders Legal Name: ___________________________

JV Partner Legal Name: ____________________________
Year
*Average
Annual
Construction
Turnover
Date: _____________________
Bidding No.: ______________
Page _______ of _______ pages
Annual turnover data (construction only)

Amount and Currency
US$ equivalent
_________________________________________
____________________
_________________________________________
____________________
_________________________________________
____________________
_________________________________________
____________________
_________________________________________
____________________
_________________________________________
____________________
*Average annual turnover calculated as total certified payments received for work in progress or
completed over the number of years specified in Section III (Evaluation and Qualification Criteria), SubFactor 2.3.2, divided by that same number of years.
4-67
Form FIN3.3
Financial Resources
Specify proposed sources of financing, such as liquid assets, unencumbered real assets, lines of credit, and
other financial means, net of current commitments, available to meet the total construction cash flow
demands of the subject contract or contracts as indicated in Section III (Evaluation and Qualification Criteria)
Source of financing
Amount (US$ equivalent)
1.
2.
3.
4.
Note: This must be provided by an independent entity such as a bank but not self
4-68
EXPERIENCE
Form EXP 4.1
General Experience
Bidders Legal Name: ____________________________

JV Partner Legal Name: ____________________________
Starting
Month /
Year
Ending
Month /
Year
______
______
______
______
______
______
______
______
______
______
______
______
Years*
Date: _____________________
Bidding No.: ________________
Page _______ of _______ pages
Contract name:
Brief Description of the Works performed by the
Bidder:
Name of Employer:
Address:
Contract name:
Bidder:
Name of Employer:
Address:
Contract name:
Bidder:
Name of Employer:
Address:
Contract name:
Bidder:
Name of Employer:
Address:
Contract name:
Bidder:
Name of Employer:
Address:
Contract name:
Bidder:
Name of Employer:
Address:
Role of
Bidder
_________
_________
_________
_________
_________
_________
*List calendar year for years with contracts with at least nine (9) months activity per year starting with the
earliest year
4-69
Form EXP 4.2(a)

Specific/ similar Experience
JV Partner Legal Name: _________________________
Date: _____________________
Bidding No.: __________________
Page _______ of _______ pages
Similar Contract Number: ___ [insert specific

number] of ___[insert total number of
contracts required.
Information
_______________________________________
Award date
Completion date
_______________________________________
_______________________________________
Role in Contract
Contractor
Management
Contractor
Subcontractor
Total contract amount
____________________________
US$_________
_
If partner in a JV or subcontractor, specify

participation of total contract amount
__________%
US$_______
Employers Name:
_______________________________________
Address:
_______________________________________
_______________________________________
_______________________________________
_______________________________________
Telephone/fax number:
E-mail:
_____________
4-70
Form EXP 4.2(a) (cont.)

Specific/ similar Experience (cont.)

JV Partner Legal Name: ___________________________
Similar Contract No. __[insert specific number]

of ___[insert total number of contracts]
required
Description of the similarity in accordance
with Sub-Factor 2.4.2a) of Section III
(Evaluation and Qualification Criteria):
Page _______ of _______ pages
Information
Amount
_________________________________
Physical size
_________________________________
Complexity
_________________________________
Methods/Technology
_________________________________
Physical Production Rate
_________________________________
4-71
Form EXP 4.2(b)

Specific Experience in Key Activities
JV Partner Legal Name: _________________________
Subcontractors Legal Name: ______________
Date: _____________________
Bidding No.: __________________
Page _______ of _______ pages
Information
_______________________________________
Award date
Completion date
_______________________________________
_______________________________________
Role in Contract
Contractor
Management
Contractor
Subcontractor
Total contract amount
_________________________
US$________
If partner in a JV or subcontractor, specify

participation of total contract amount
__________%
US$________
Employers Name:
_______________________________________
Address:
_______________________________________
_______________________________________
_______________________________________
_______________________________________
Telephone/fax number:
E-mail:
_____________
4-72
Form EXP 4.2 (b) (cont.)

Specific Experience in Key Activities (cont.)

JV Partner Legal Name: ___________________________
Subcontractors Legal Name: __________________________
Page _______ of _______ pages
Information
Description of the key activities in accordance
with Sub-Factor 2.4.2b) of Section III
(Evaluation and Qualification Criteria):
Section V Bid Submission Forms
5-73
Section V - Eligible Countries
Eligibility for the Provision of Goods, Works and Services in TMEA-Financed Procurement
1.
In accordance with TMEA Guidelines for Procurement, TMEA permits firms and
individuals from all countries to offer goods, works and services for TMEA-financed
projects. As an exception, firms of a Country or goods manufactured in a Country may be
excluded if:
a)
As a matter of law or official regulation, the Beneficiarys Country prohibits

commercial relations with that Country, provided that the TMEA is satisfied that
such exclusion does not preclude effective competition for the supply of the
Goods or Works required, or
b)
By an Act of Compliance with a Decision of the United Nations Security Council

taken under Chapter VII of the Charter of the United Nations, the Beneficiarys
Country prohibits any import of goods from that Country or any payments to
persons or entities in that Country.
2.
For the information of Beneficiaries and bidders, at the present time firms, goods and
services from the countries under UN Security Council Chapter VII are excluded from this
bidding.
3.
Bidders debarred by the World Bank and/ or under the public procurement and disposal
act (PPDA) of the Government of Kenya or any of TradeMark East Africa donors or any
other international donor agency are barred from bidding.
Section VI Employers Requirements
6-74
PART 2 Employers Requirements
Section VI - Employers Requirements
Table of Contents
Specifications ...............................................................................................................................................75
Drawings ....................................................................................................................................................141
Supplementary Information .......................................................................................................................142
6-75
Specifications
The Technical Specifications to be used for this Contract contain two Parts as follows:
PART 1
The Standard Specifications for Road and Bridge Works, Published by the Ministry of
Transport and Communication, Kenya 1986.
PART 2
Specifications of Particular Application (SPA)
Part 1 has not been bound into these Tender Documents but can be purchased from the Ministry of
Transport and Infrastructure, Nairobi, Kenya.
The Specifications of Particular Application (Part 2) shall compliment, amend or supplement the Standard
Specifications for Road and Bridge Works, 1986 (Part 1). Whenever there is conflict, the Provisions of Part
2 shall prevail over those in Part 1.
Clause numbers in the SPA coincide with the numbering as maintained in the Standard Specifications for
Road and Bridge Works, 1986 (Part 1).
EQUIVALENCY OF STANDARDS AND CODES

Wherever reference is made in the Contract to specific standards and codes to be met by the goods and
materials to be furnished, and work performed or tested, the provisions of the latest current edition or
revision of the relevant standards and codes in effect shall apply, unless otherwise expressly stated in the
Contract. Where such standards and codes are national, or relate to a particular country or region, other
authoritative standards that ensure a substantially equal or higher quality than the standards and codes
specified shall be accepted subject to the Project Managers prior review and written consent.
Differences between the standards specified and the proposed alternative standards shall be fully
described in writing by the Contractor and submitted to the Project Manager at least 28 days prior to the
date when the Contractor desires the Project Managers consent. In the event the Project Manager
determines that such proposed deviations do not ensure substantially equal or higher quality, the
Contractor shall comply with the standards specified in the documents.
6-76
SPECIFICATIONS OF PARTICULAR APPLICATION PART 2
All the requirements of Part 1 of the Technical Specifications relating to materials, quality and
workmanship, together with all tests specified shall be adhered to except where modified by the terms of
these Specifications of Particular Application as set forth hereinafter.
6-77
Table of Contents- Works Requirements Specifications of Perticular Application
SECTION 1 - GENERAL................................................................................................................................... 80
101
Location of Site and Extent of Works ....................................................................................... 80
102
Extent of the Contract ............................................................................................................. 81
103
Contract Drawings ................................................................................................................... 82
104
Programme for the Execution of the Works ............................................................................ 82
105
Order of Execution of Works ................................................................................................... 83
108
Method of Construction .......................................................................................................... 83
109
Notice of Operations............................................................................................................... 83
119
Use of Explosives ..................................................................................................................... 83
120
Protection of Existing Works and Services ............................................................................... 84
121
Diversion of Existing Services ................................................................................................... 84
124
Provision of Land ..................................................................................................................... 84
126
Materials and Manufactured Articles ...................................................................................... 84
131
Signboards ............................................................................................................................... 85
132
Housing Accommodation for the Engineer and his Staff, Offices and the Resident
Engineer with Laboratory and Survey Equipment and Furniture............................................. 85
138
Provision of Vehicles ................................................................................................................ 86
140
Payment of Overtime for Project Manager's Junior Staff ........................................................ 86
143
Compliance with Specifications and Remedial Work ............................................................... 86
144
Availability of Materials ........................................................................................................... 87
145
Environmental Protection and Waste Disposal ....................................................................... 88
146
Demolition and breaking out ................................................................................................... 94
SECTION 2 - MATERIALS AND TESTING OF MATERIALS ................................................................................. 96

202
Testing by the Contractor ........................................................................................................ 96
204
Sieves ....................................................................................................................................... 96
204.1 Sieve Sizes ................................................................................................................................... 96

205
Soils and Gravels ...................................................................................................................... 96
207
Cement .................................................................................................................................... 96
226
Frequency of Testing ............................................................................................................... 96
228
Outline Testing and Inspection by the Project Manager.......................................................... 96
SECTION 5 - EARTHWORKS .......................................................................................................................... 98

505
Construction of Embankments ................................................................................................ 98
508
Compaction of Earthworks ...................................................................................................... 98
509
Mass Haul Diagram .................................................................................................................. 98
6-78
510
Spoil Material........................................................................................................................... 98
511
Borrow Pits .............................................................................................................................. 98
517
Measurement and Payment for Earthworks............................................................................ 99
SECTION 6 - QUARRIES, BORROW PITS, STOCKPILES AND SPOIL AREAS ...................................................... 100
601
General .................................................................................................................................. 100
605
Safety and Public Health Requirement .................................................................................. 100
607
Site Clearance and Removal of Topsoil and Overburden ....................................................... 100
611
Obtaining Of Borrow Materials .............................................................................................. 100
612
Opening And Working Borrow Pits ........................................................................................ 101
613
Reinstatement Of Borrow Areas ............................................................................................ 102
614
Disposal Of Borrow Material .................................................................................................. 102
SECTION 7 - Excavation and filling for structures ....................................................................................... 103

715 Demolition of Existing Quay Structures ....................................................................................... 103
716 Revetments.................................................................................................................................. 103
717 Handling and Placement of Rock Materials ................................................................................. 107
719 Geotextiles................................................................................................................................... 109
SECTION 13 Graded crushed stone subbase AND BASE ........................................................................... 111
1301 Definitions ............................................................................................................................. 111
1304
Crushing,screening and Mixing .............................................................................................. 111
1306
Laying and Compacting Graded Crushed Stone Subbase ...................................................... 111
SECTION 16 PART B ASPHALT CONCRETE FOR SURFACING ...................................................................... 112

1601B Definition ............................................................................................................................... 112
The Asphalt Concrete shall be Type 1 (High Stability) ........................................................................ 112
1602B Materials for ASPHALT Concrete ........................................................................................... 112
SECTION 16 PART C DENSE BITUMEN MACADAM FOR BASE ................................................................... 112
1602C Material Requirements .......................................................................................................... 112
SECTION 17 - CONCRETE WORKS................................................................................................................ 113
1703 Materials for Concrete ........................................................................................................... 113
1704
The Design of Concrete Mixes ............................................................................................... 113
23 Mechanical and Electrical Works ........................................................................................................... 114

23.
General .................................................................................................................................. 114
23.1
General and Particular Specifications .................................................................................... 114
23.2
Definitions ............................................................................................................................. 114
23.3
Manufacturers Dealerships................................................................................................... 115
23.4
Central Stores ........................................................................................................................ 115
23.5
Plant Outages ........................................................................................................................ 115
23.6
Third Party Inspection ............................................................................................................ 115
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23.7
Contractors Responsibility for Design ................................................................................... 116
23.8
Drawings, Operation and Maintenance Manual .................................................................... 117
23.9
Standard Specifications Reference Numbers (SSRN) ............................................................. 118
23.10 Tests During Manufacture ..................................................................................................... 119

23.11 Commissioning and Site Performance Trials and Tests ......................................................... 119
23.12 Running-in Period after Commissioning ................................................................................ 119
23.13 Warranty and Defects Liability Period ................................................................................... 119
24.
24.1
Mechanical Plant and Works .................................................................................................. 121

Standby Diesel Generator ...................................................................................................... 121
24.2
Toilet Block: Plumbing and Drainage Works .......................................................................... 124
24.2.1 Compliance with General Specifications ................................................................................ 125

24.2.2 Installation Drawings ............................................................................................................. 125
24.2.3 Builders Work Drawings......................................................................................................... 125
24.2.4 Record Drawings .................................................................................................................... 125
24.2.5 Incoming Water Supply and External Works ......................................................................... 125
24.2.6 Cold Water Down Pipe Services ............................................................................................. 126
24.2.7 Painting of Pipework .............................................................................................................. 126
24.2.8 Gate Valves ............................................................................................................................ 126
24.2.9 Sanitary Ware ........................................................................................................................ 126
24.2.10 Drainage System .................................................................................................................... 126
25.
Electrical Plant ....................................................................................................................... 127
25.1
Main Electrical Parameters .................................................................................................... 127
25.2
Construction of LV and MV Panels......................................................................................... 127
25.3
Degree of Protection for Motor Enclosures and Panels ........................................................ 128
25.4
MV and LV Switchboards ....................................................................................................... 128
25.4.1 Substation C ........................................................................................................................... 128

25.4.2 Reefer Control Panels ............................................................................................................ 130
25.4.3 Gate Control Panel................................................................................................................. 131
25.4.4 Monopole Control Panels ...................................................................................................... 135
25.4.5 Monopoles............................................................................................................................. 137
25.4.6 Power Cables ......................................................................................................................... 139
25.4.7 Cable and IT/Data underground Ducts and Manholes ........................................................... 139
25.4.8 Power Factor Improvement ................................................................................................... 139
25.4.9 Lightning Protection .............................................................................................................. 140
25.4.10 Electrical Works for Buildings and Structures ........................................................................ 140
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SECTION 1 - GENERAL
101
LOCATION OF SITE AND EXTENT OF WORKS
The Works are located within the Mombasa Port and confined to the G-Section of the Port, and the
access road presently used by traffic to the dockyard.
This part of the Port includes the area behind the Lighter Quays from the dockyard to the main entrance
gate and Berth 1 and is referred to as Area G (see Figure 1).
Large areas of the G-Section are The Works are located within the Mombasa Port and confined to the GSection of the Port, and the access road presently currently unpaved and not suitable for modern port
operations. It is proposed to pave the G-section and to create additional storage capacity for containers.
The nature of the works in Lot A is rehabilitation of the G-Section by paving with concrete slab, widening
of the access road, installation of new ISS gate, Electrical Works for Reefer Racks and Monopoles, while
works in Lot B are revetment works on the quay side.
Figure 1: Location of G-Section within Mombasa Port shaded in blue.
102
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EXTENT OF THE CONTRACT
(a) General
The Works specified under this Contract shall include all general and ancillary works and works of
any nature that is deemed necessary for the due and satisfactory construction, completion and
maintenance of the Works to the full extent and meaning of the drawings and specifications, whilst
complying with all General Conditions of Contract whether specifically mentioned or not in the
clauses of the Specifications.
(a) Scope of the Works
The works comprising the contract will be as directed by the Project Manager. The nature of the
works is rehabilitation of the G-Section by paving with concrete slab, widening of the access road
and revetment works on the quay side.
In summary the works will include:
LOT A
Excavation and disposal of unsuitable material from the G-Section.
Subgrade preparation.
Construction of a 150 mm of crushed rock subbase.
Construction of a 350 mm thick fibre reinforced Concrete Slab class 30.
Widening of the existing access road on the North Eastern side to dual carriageway.
Relocation of all existing utilities to a designated area
Construction of a new ISS Gate on the North Eastern Side for entry and exit into the Port.
Construction of a Toilet Block.
Installation of Standby Diesel Generator
Supply and installation of new transformer, 11/0.415 kV
Supply and installation of new Main LV Switchboard in Substation C (MSB)
Supply and installation of six (6) Reefer Control Panels (CPR)
Supply and installation of one (1) Gate Control Panel (CPG)
Supply and installation of two Monopole Control Panels (CPM)
Underground cabling in ducts to the Control Panels from Substation C
Laying of ducts for IT/Data (Cabling for IT/Data will be done by others)
Supply and installation of one (1) monopole and relocation of six (6) monopoles
Supply and installation of small power and lights in Substation C, Gate Canopy and cabins
and at the Reefers stands
Attendance to the Works for a 12-month Defects Liability Period following completion of
the Works.
For the ISS component the Contractor will be required to provide maintenance for a
period of 2 years.
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Lot B
Demolition of existing Quay Structures and Construction of New revetment Works on the
quayside.
Attendance to the Works for a 12-month Defects Liability Period following completion of
the Works.
The works detailed above are only indicative of the scope associated with this Contract and
the Project Manager may where necessary substitute some of the works with others without
substantially altering the overall Scope of the Works.
The time for completion of the Works in Lot A and Lot B shall be 12 months, running
concurrently.
103
CONTRACT DRAWINGS
A book of Drawings accompanies these Contract Documents as a separate DIN A3 size book.
Two complete sets of full sized drawings will be issued to the successful Tenderer herein after
referred to as the Contractor, at the commencement of or during the course of the Contract
to facilitate the construction of the works in complete conformity with and to the full intent of
the Contract. The Contractor will be supplied with additional copies that he may require
during the period of the Contract. Such drawings issued to the Contractor may be revised,
amended, superseded, or supplemented by further drawings as the Project Manager may
from time to time consider necessary for the satisfactory completion of the works.
It shall be the Contractor's responsibility to construct all Works in conformity with the latest
revision, amendment or superseding drawings current at the time of construction of such
Works, provided always that the Project Manager has given to the Contractor in writing such
reasonable prior notices of intention to revise, amend or supersede as the nature of the
revision or amendment requires, and the necessary revised, amended or superseding
drawings have been issued to the Contractor.
Any delay in issuing revised, amended or superseding drawings shall entitle the Contractor to
such reasonable additional payment as may be agreed between the Project Manager and the
Contractor or by arbitration, including any abortive work already carried out by the Contractor
prior to notice of intent to revise, amend or supersede having been given. The Contractor may
be required to demolish, alter and correctly rebuild any part of the Works not in conformity
with the drawings currently forming a part of the Contract at the time of construction of such
Works at his own expense, provided always that such current drawings had previously been
issued to him.
104
PROGRAMME FOR THE EXECUTION OF THE WORKS
(a)
The programme shall be deemed to have taken into account normal climatic conditions to
provide for the completion of the Works in the order and within the times specified therein.
(b)
The information to be supplied to the Project Manager shall include drawings showing the
general arrangement of the temporary offices and any other temporary buildings or
structures which the Contractor proposes to use, details of the constructional plant,
temporary works and all other devices which he proposes to adopt for the construction and
completion of the whole of the Works, and in addition, details of the labour strength, skilled
and unskilled, and supervision arrangements.
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(c)
The provision and maintenance of all temporary works, plant, equipment and appliances
required for the Works shall be the responsibility of the Contractor in regard to construction,
type, sufficiency and safety and approval by the Project Manager shall in no way relieve the
Contractor of this responsibility.
(d)
The order in which it is proposed to execute the permanent works shall be subject to
adjustment and approval by the Project Manager, and the Contract Price shall be held to
include for any reasonable and necessary adjustments required by the Project Manager during
the course of the Works.
(e)
The Contractor shall carry out the Contract in accordance with the programme agreed with
the Project Manager but he shall in no manner be relieved by the Project Manager's approval
of the programme of his obligations to complete the Works in the prescribed order and by the
prescribed completion date, and he shall from time to time review his progress and make such
amendments to his rate of execution of the Works as may be necessary to fulfil these
obligations.
(f)
Once the proposed programme is approved by the Project Manager, the Contractor shall not
depart from the programme without the written consent of the Project Manager. In the event
of unforeseen difficulties or disturbances arising which force the Contractor to depart from
the approved programme of Works, he shall advise the Project Manager in writing of such
occurrences without delay and submit proposals for any necessary remedial measures, for
which he shall obtain the Project Manager's approval before putting such measures into
effect.
105
ORDER OF EXECUTION OF WORKS

In addition to Clause 105 of the Standard Specification, the Contractor shall carry out the
Works such that a continuous and consecutive output of fully completed work is achieved.
108
METHOD OF CONSTRUCTION
Delete the first sentence in the third paragraph of the Standard Specification and insert
instead:
The Project Manager's Representatives' normal working hours shall be 8 hours from Monday
to Friday and 5 hours on Saturday with Sunday set aside for rest.
109
NOTICE OF OPERATIONS
Add the following Sub- Clauses:
109.1 Notification Terms
It shall be the Contractor's responsibility to notify the Project Manager when any item of
Works are completed and ready for approval, and the Contractor shall give sufficient notice to
allow control test to be performed.
119
USE OF EXPLOSIVES
The Contractor shall ensure that he complies with the current Government regulations with
regard to explosives. No explosives of any kind shall be used within any Part or area of
operation within the Port.
120
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PROTECTION OF EXISTING WORKS AND SERVICES

The appropriate provisions of Section 1 of the Standard Specifications as regards the
protection of existing works and services shall be adhered to in all respects.
The Contractor's attention is drawn to the fact that it is essential to maintain existing power,
telephone, water, ICT, fibre optic, sewage and other services throughout the Contract Period.
The Contractor shall give every assistance to Engineers of the Telkom Kenya, the Kenya Power
& Lighting Co. Ltd., the Ministry of Water Development and other relevant authorities to
maintain the serviceability of their installations.
121
DIVERSION OF EXISTING SERVICES

If it should become necessary, for the proper execution of the work, temporarily, to remove
or divert any existing pipe, cable, drain or other service, the Contractor shall obtain permission
from the competent authority or owner for removal or diversion to be effected service. The
Contractor shall carry out all necessary work in such a manner and at such times as may be
approved by such authority or owner. The cost of all removal, diversion and reinstatement
and all things connected therewith shall be paid for by the Employer through the Construction
Contract.
If in the opinion of the Project Manager or of the competent authority or owner it should
become necessary permanently to remove or realign any existing pipe, cable or other service,
the Contractor shall obtain permission from the competent authority or owner for the
removal or realignment to be effected. The Contractor shall carry out all necessary work in
such a manner and at such times as may be approved by such authority or owner and the
completed work shall be to the satisfaction of such authority or owner. The cost of all
permanent removal and realignment and all things connected therewith shall be paid for by
the Employer through the Construction Contract.
Any of the work involving repair, replacement of existing pipes, cables or other services shall
be carried out by the competent authority or owners if they so desire, in which case the
Contractor shall allow them the facilities and assistance they may require and shall pay the full
expense of such work and all things connected therewith in the first instance, but the cost
shall be paid for by the Employer through the Construction Contract.
The Contractor shall allow in his rates for the programming of his work to allow for the
necessary diversion of any services.
124
PROVISION OF LAND
The Contractor shall bear the costs of provision of any land he may require in respect of his
own camps, offices, houses, temporary works, including Land for quarries and borrow pits, the
cost of which shall be deemed to be included in his rates.
126
MATERIALS AND MANUFACTURED ARTICLES

Notwithstanding the provision of Clause 126 of the Standard Specifications, the Contractor's
attention is drawn to his obligation with regard to quality and delivery schedule of materials
and goods obtained from suppliers.
Should the Project Manager at any time be dissatisfied with any goods and materials intended
for use or used by the Contractor upon the Works, he shall be empowered to reject goods and
materials and shall order that they be replaced by others of acceptable quality. Any more
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work that may consequently have to be redone and the costs of the new suppliers shall all be
borne by the Contractor.
131
SIGNBOARDS
The Contractor shall provide and erect one publicity signboard on the project site.
The wording script and method of marking shall be to the approval of the Project Manager.
132
HOUSING ACCOMMODATION FOR THE PROJECT MANAGER AND HIS STAFF, OFFICES AND THE RESIDENT
ENGINEER WITH LABORATORY AND SURVEY EQUIPMENT AND FURNITURE
132.1
General
The Contractor shall provide fully furnished and equipped housing and office accommodation
for the Resident Project Manager and his staff. Rented accommodation to similar standard is
acceptable
The location of the facilities shall be subject to the Project Manager's prior approval.
All houses and offices shall be of a design and construction approved by the Project Manager
and shall be of strong, durable and waterproof materials with walls, ceilings and floors
adequately insulated against heat and cold, and fitted with burglar-proofed, mosquito-proof
windows.
All doors shall be lockable and all keys for such locks shall be surrendered to the Resident
Project Manager.
A piped, drinkable, pure water supply; a water-borne sewage disposal system; a refuse
collection service; and external security lights shall be provided and maintained to the
satisfaction of the Project Manager for the duration of the Contract.
The Contractor shall provide electricity continuously and shall arrange for the houses and
offices to be connected to an available public supply or to his own generating plant and shall
ensure that each building shall be provided with a main switch and fuse box through which all
power supplied to it shall passes and that these shall be of the approved standard of the
public supplier.
In all cases where gas appliances are provided, the Contractor shall be responsible for
purchasing refill gas cylinders and supplying them promptly to the houses as required.
132.2
Staff House
A house, for office and living accommodation of four bedrooms, with a surface area of at least
150 m on an approved location in the vicinity to the port shall be provided for the Project
Manager and his staff. This house shall be fully equipped and serviced including furniture,
kitchen and washing machine, international cable television (DSTV) and guards for 24 hrs a
day. Included shall be air condition, telephone and high speed internet connection. Provision
of and payment for regular cleaning, security, power supply, water and potable water, sewage
treatment and disposal will be provided free of cost to the Project Manager and his staff.
132.3
Offices
The Contractor shall provide suitable fully fitted and equipped office accommodation,
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complete with office desks, printer, fridge, air conditioner and chairs and sanitation facilities,
for the Project Managers and his teams use on site.
132.4 Survey Equipment
The Contractor shall provide for the exclusive use of the Project Manager, the following
Survey Equipment. Ownership of the survey equipment shall revert to the Employer on
completion of the Contract.
1 No. GPS Model Leicia GS 15
2 No. Lecia Disto A260 or approved equivalent
4 No. 5 m steel tapes
3 No. Crack Gauges
138
PROVISION OF VEHICLES
From the date of the Project Manager's order to commence work, the Contractor shall
provide, for the duration of the Contract or for such other period as directed, the following
type and number of right hand drive vehicles. Such vehicles shall be subject to prior approval
of the Project Managers Representative.
a) One (1 No) Toyota Saloon, or similar, with a petrol engine, minimum capacity of 1,800 cc.
with Air Conditioner, CD/MP3 player, Air Bags, Central Locking, Automatic Transmission
and Power Steering, for each Lot.
The vehicles will be for the sole use of the Project Manager.
Ownership of all the vehicles to revert to the Contractor on completion of the contract.
140
PAYMENT OF OVERTIME FOR PROJECT MANAGER'S JUNIOR STAFF

Delete this clause entirely and substitute with:
"If the Contractor wishes to execute permanent work outside the Project Manager's normal
working hours, as stated in Clause 108 of the Special Specification then the payment for the
overtime for the Project Manager's Junior Staff shall be reimbursed in full, by the Contractor
to the Project Manager's Representative including a percentage for administrative overheads.
If the Contractor wishes to execute works on the regular basis outside the Project Manager's
normal working hours (Clause 108) over a prolonged period, the Project Manager may, if he
deems necessary, employ additional supervisory staff for which the required salaries including
the percentage for administrative overheads shall be reimbursed in full by the Contractor to
the Project Manager's Representative and the Contractor shall provide the required adequate
accommodation facilities for such staff at his own costs.
The Contractor shall not be reimbursed any of these costs."
143
COMPLIANCE WITH SPECIFICATIONS AND REMEDIAL WORK

All materials, plant, labour and workmanship in and connected with the execution of the
works shall be the best of their respective kinds without regard to any trade terms and the
Contractors shall comply to these and in all other respects with the relevant clauses and shall
carry out the contract in a proper and workmanlike manner and in strict accordance with the
working drawings and instructions of the Project Manager.
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When any part of the Works or any plant or material is found upon examination by the Project
Manager not to conform to the requirements or is at any stage before final acceptance
damaged so that it no longer conforms to the requirements of the Specifications, the Project
Manager may order its complete removal and replacement, at the Contractor's expense, with
satisfactory work, plant or material or he may permit the Contractor to apply remedial
measures in order to make good any such defects or damage. The actual remedial measures
taken shall at all times be entirely at the Contractor's own initiative, risk and cost, but subject
to the Project Manager's approval regarding the details thereof.
In particular remedial measures must ensure full compliance with the Specifications for the
final product, shall not endanger or damage any other part of the Works and shall be carefully
controlled and submitted to the Project Manager for examination when completed or at any
intermediate stage as may be required.
For the guidance, an indication is given below of what would normally be required in the more
common cases of defects or damage, but the Project Manager will in no way be bound to
approve of or adhere to the measures given below as the actual remedial measures will be
dictated by the circumstances of each particular case.
(a) Earthworks
(i) Where a cut slope has been over excavated or under cut, backfilling will not normally be
allowed and the entire slope may have to be re-trimmed to obtain a uniform slope.
(ii) Where the floor of a cutting has been taken too deep, it will normally require backfilling
and re-compaction with selected gravel in the case of soil or gravel excavation and with
crushed stone material or suitably sized rock in the case of hard excavations. All necessary
measures shall be taken to drain away ground water that may accumulate in backfilled
sections.
(iii) Excess width of fills will have to be trimmed back.
(iv) Where erosion has damaged the surface of cuts or fills the damage shall be made good by
backfilling with suitable material and re-trimming. In more serious cases the slopes may
have to be cut back and back-filled by benching and compaction to the required standard
of compaction with suitable small equipment and then re-trimmed.
(b) Local Defects in Pavement Layers
Where remedial measures are taken to make good local defects, the length and width of the
area to be repaired by machines shall be such as will be necessary to accommodate the full
width of the machines used and a reasonable length to ensure effective operation.
The depth to which material will have to be removed will depend on the type of material.
Gravel will require breaking up to a depth of at least 75mm and crushed stone will usually
require breaking up over its full depth. Asphalt material will normally require removal for its
full depth.
(c) Concrete
Concrete work will normally require the cutting back and complete removal of any weak or
honeycombed sections and making good using special epoxy adhesives to bind fresh concrete
to old concrete. Cracks when permitted to remain, shall be injected with suitable epoxy
compounds and test cores drilled to test the efficiency of the injection process.
144
AVAILABILITY OF MATERIALS, WATER AND POWER SUPPLY
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The Contractor shall be responsible for obtaining all materials from any local or foreign
source. The Employer shall not be liable for any additional costs due to shortage of materials.
The material located by the Contractor shall be subject to the approval of the Project Manager
before use in the Works.
The Contractor shall be responsible for the provision of clean water supply for the Works and
for making his own Power Supply Connections and related payment of all charges associated
with the provision and use of these.
145
ENVIRONMENTAL PROTECTION AND WASTE DISPOSAL

The contractor shall ensure so far as reasonably practicable to the satisfaction of the
Supervisor that the impact of the construction on the environment shall be kept to a
minimum and that appropriate measures are taken to mitigate any adverse effects during
construction.
a)
After extraction of materials, all borrow pits shall be back-filled to the satisfaction of the
Project Manager. In particular borrow pits near the road sides shall be backfilled in such a
way that no water collects in them. However, if a borrow pit is located at such a site
where water that may collect in it can be used by the local people without creating
conflict, then such borrow pits could be improved to remain as a water pan upon
completion of works.
The Project Manager will issue instructions regarding such borrow areas during the time of
construction.
a) Spilling of bitumen, fuels, oils and other pollutants shall be cleaned up immediately by
the Contractor.
145.1 Landscape Preservation
(a) General
The Contractor shall exercise care to preserve the natural landscape and shall conduct his
construction operations so as to prevent any unnecessary destruction, scarring or defacing of
the natural surroundings in the vicinity of the Works. Except where clearing is required for
permanent works, approved construction roads or excavation operations, all trees, native
shrubbery and vegetation shall be preserved and shall be protected from damage by the
Contractor's construction operations and equipment. The edges of clearing and cuts through
trees, shrubbery and vegetation shall be irregularly shaped to soften the undesirable visual
impact of straight lines. Movement of labour and equipment within the right-of-way and over
routes provided for accesses to the Works shall be performed in a manner to prevent damage
to grazing land, crops or property.
Except as otherwise provided in Section 5 of the Specification, special reseeding or replanting
will not be required under these specifications; however, on completion of the Works, all
work areas not seeded shall be scarified and left in a condition which will facilitate natural revegetation, provide for proper drainage and prevent erosion. All unnecessary destruction,
scarring, damage or defacing of the landscape resulting from the Contractor's operations shall
be repaired, replanted, reseeded or otherwise corrected and directed by the Project Manager
and at the Contractor's expense.
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(b) Construction Roads, Access Roads and Haulage Routes

The location, alignment and grade of construction roads shall be subject to the approval of the
Project Manager. When no longer required by the Contractor, construction roads shall, if
required by the Project Manager, be restored to the original contour and made impassable to
vehicular traffic. The surfaces of such construction roads shall be scarified as needed to
provide a condition which will facilitate natural re-vegetation, provide for proper drainage and
prevent erosion.
(c) Construction Facilities
The Contractor's workshops, office and yard area shall be located and arranged in a manner to
preserve trees and vegetation to the maximum practicable extent. On abandonment, all
temporary buildings, including concrete footings and slabs and all construction materials and
debris shall be removed from the site. The area shall be re-graded, as required, so that all
surfaces drain naturally, blend with the natural terrain and are left in a condition that will
facilitate natural re-vegetation, provide for proper drainage and prevent erosion.
(d) Blasting Precautions
In addition to any requirements of local regulations, the Contractor shall adopt precautions
when using explosives, which will prevent scattering of rocks, stumps or other debris outside
the Work area and prevent damage to surrounding trees, shrubbery and vegetation. Blasting
should be done during the day, and residents within the vicinity of the blast site should be
given ample warning including the time and date of the blasting operation.
145.2 Preservation of Trees and Shrubbery
(a)
Preservation
All trees and shrubbery which are not specifically required to be cleared or removed for
construction purposes shall be preserved and shall be protected from any damage that may
be caused by the Contractor's construction operations and equipment. The Contractor shall
plant trees at locations defined by the Project Manager and special care shall be exercised
where trees or shrubs are exposed to injuries by construction equipment, blasting, excavating,
dumping, chemical damage or other operations; and the Contractor shall adequately protect
such trees by use of protective barriers or other methods approved by the Project Manager.
The removal of trees or shrubs will be only after prior approval by the Project Manager.
The layout of the Contractor's construction facilities such as workshops, warehouses, storage
areas and parking areas; location of access and haul routes; and operation in borrow and spoil
areas shall be planned and conducted in such manner that all trees and shrubbery not
approved for removal by the Project Manager shall be preserved and adequately protected
from either direct or indirect damage by the Contractor's operations.
Except in emergency cases or when otherwise approved by the Project Manager, trees shall
not be used for anchorages. Where such use is approved, the trunk shall be wrapped with a
sufficient thickness of approved protective material before any rope, cable or wire is placed.
(b)
Repair or Treatment of Damage
The Contractor shall be responsible for injuries to trees and shrubs caused by his operations.
The term ''injury1' shall include, without limitation, bruising, scarring, tearing and breaking of
roots, trunk or branches. All injured trees and shrubs shall be repaired or treated without
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delay, at the Contractor's expense. If damage occurs, the Project Manager will determine the
method of repair or treatment to be used for injured trees and shrubs as recommended and
undertaken by an experienced horticulturist provided by and at the expense of the
Contractor. All repairs or treatment of injured trees shall be performed at the expense of the
Contractor.
145.3 Prevention of Water Pollution
(a)
General
The Contractor's construction activities shall be performed by methods that will prevent
entrance or accidental spillage, of solid matter, contaminants, debris and other pollutants and
wastes into streams, flowing or dry water courses, lakes, ocean and underground water
sources. Such pollutants and wastes include, but are not restricted to, refuse, garbage,
cement, concrete, sanitary waste, industrial waste, radioactive substances, oil and other
petroleum products, aggregate processing tailings, mineral salts and thermal pollution. Dewatering work for structures foundations or earthwork operations adjacent to, or encroaching
on, streams or watercourses shall be conducted in a manner to prevent muddy water and
eroded materials from entering the streams or watercourses by construction of intercepting
ditches, bypass channels, barriers, settling ponds or by other approved means. Excavated
materials or other construction materials shall not be stockpiled or deposited near or on
stream banks, lake shorelines or other watercourse perimeters where they can be blown away
or washed away by high water or storm runoff or can in any way encroach upon the
watercourse itself.
Wastewater from aggregate processing, concrete batching, or other construction operations
shall not enter streams, watercourses or other surface water without the use of such turbidity
control methods as settling ponds, gravel-filter entrapment dykes, approved flocculating
processes that are not harmful to fish, recirculation systems for washing of aggregates or
other approved methods. Any such wastewater discharged into surface waters shall contain
the least concentration of settleable material possible. For the purpose of these
Specifications, settleable material is defined as that material which will settle from the water
by gravity during a 1-hour quiescent detention period.
(b)
Compliance with Laws and Regulations
The Contractor shall comply with all applicable Kenyan Laws, orders, regulations and water
quality standards concerning the control and abatement of water pollution.
145.4
Abatement of Air Pollution

The Contractor shall comply with applicable Kenyan laws and regulations concerning the
prevention and control of air pollution.
Notwithstanding the above in conduct of construction activities and operation of equipment,
the Contractor shall utilize such practicable methods and devices as available to control,
prevent and otherwise minimize atmospheric emissions or discharges of air contaminants.
Such practicable methods and devices include transport of water over long distances in
tankers and/or provision of water extracted from new boreholes, as necessary to meet the
applicable laws and regulations.
Equipment and vehicles that show excessive emissions of exhaust gases due to poor engine
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adjustments or other inefficient operating conditions shall not be operated until corrective
repairs or adjustments are made.
Burning of materials resulting from clearing of trees and brush, combustible construction
materials and rubbish will be permitted only when atmospheric conditions for burning are
considered favourable and when authorised by the Project Manager. In lieu of burning, such
combustible materials may be disposed of by other methods as provided in Sub clause 145.9
hereof. Where open burning is permitted, the bum piles shall be properly constructed to
minimise smoke and in no case shall unapproved materials, such as tires, plastics, rubber
products, asphalt products or other materials that create heavy black smoke or nuisance
odours, be burnt.
145.5
Dust Abatement
During the performance of the work required by these Specifications or any operations
appurtenant thereto, whether on the right-of-way provided by the Employer or elsewhere,
the Contractor shall furnish all the labour, equipment, materials and means required and shall
carry out proper and efficient measures wherever and as often as necessary to reduce the
dust nuisance and to prevent dust which has originated from his operations from damaging
crops, orchards, cultivated fields and dwellings or causing a nuisance to persons. The
Contractor will be held liable for any damage resulting from dust originating from his
operations under these Specifications on the right-of way or elsewhere. The Project Manager
may direct sprinkling or other measures for dust abatement if necessary to obtain adequate
control.
The cost of complying with this paragraph shall be included in the prices tendered in the Bill of
Quantities for other items of Work.
145.6 Noise Abatement
The Contractor shall comply with applicable Kenyan laws, orders and regulations concerning
the prevention, control and abatement of excessive noise. The movement of heavy vehicles
should be restricted to working hours.
145.7
Preservation of Historical and Archaeological Data

Should the Contractor or any of his employees in the performance of his contract discover
evidence of possible scientific, pre-historical or archaeological data, he will notify the Project
Manager immediately giving the location and nature of the finding. Written confirmation shall
be forwarded within 2 days. The Contractor shall exercise care so as not to damage artefacts
or fossils uncovered during excavation operations and shall provide such co-operation and
assistance as may be necessary to preserve the finds for removal or other disposition by the
Employer.
Where appropriate by reason of a discovery, the Project Manager may order delays in the
time of performance or changes in the Work or both. If such delays or changes or both are
ordered, the time of performance and Contract Price shall be adjusted in accordance with the
General Conditions of Contract.
The Contractor shall insert this Sub-Clause in all Subcontracts, which involve the performance
of Work on the terrain of the site.
145.8
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Pesticides
Pesticides include herbicides, insecticides, fungicides, rodenticides, pesticides, surface

disinfectants, animal repellents and insect repellents.
Should the Contractor find it necessary to use pesticides in Work areas of this contract, he
shall submit his plan for such use to the Project Manager for written approval. The Contractor
shall read and comply with all labelling requirements when using pesticides.
The cost of complying with this Sub-Clause shall be included in the prices tendered in the Bill
of Quantities for other items of Work.
145.9
(a)
Cleanup and Disposal of Waste Materials

Cleanup
The Contractor shall, at all times, keep the construction area, including storage areas used,
free from accumulations of waste materials or rubbish. All waste water and sewage from
office, residential and mobile camps shall be piped to soak pits or other disposal areas
constructed in accordance with local government regulations, and where and when such
regulations require it, the Contractor shall obtain a permit or other appropriate
documentation approving the disposal methods being used.
All used fuels, oils, other plant or vehicle fluids and old tyres and tubes shall be collected to a
central disposal point, on a regular basis and disposed of as specified below. All household,
office, workshop and other solid waste shall be collected to a central disposal area, on a daily
basis and disposed of in a manner approved by the Project Manager.
Servicing of plant, equipment and vehicles shall whenever possible be carried out at a
workshop area. This workshop area shall be equipped with secure storage areas for fuels oils
and other fluids constructed in such a way as to contain any spillages which may occur and
similar storage where used fluids can be stored securely prior to their disposal.
When servicing of plant, equipment and vehicles is carried out away from the workshop area
it shall be done at locations and in such a manner as to avoid spillage and contamination of
streams and other drainage courses. Any spillages shall be cleaned up by either burning in
place or collecting the contaminated soils and burning them at the central disposal area, all to
the satisfaction of the Project Manager.
Prior to completion of the Work, the Contractor shall remove from the vicinity of the Work all
plant facilities, buildings, rubbish, unused materials, concrete forms and other like material,
belonging to him or used under his direction during construction. All Work areas shall be
graded and left in a neat manner conforming to the natural appearance of the landscape as
provided in Sub-Clause 145.1.
Any residue deposited on the ground from washing out transit mix trucks or any similar
concrete operations shall be buried or cleaned up in a manner acceptable to the Project
Manager.
In the event of the Contractor's failure to perform the above work, others may be engaged to
perform the work at the expense of the Contractor.
(b)
Disposal of Waste Material
(i)
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General
Waste materials including, but not restricted to, refuse, garbage, sanitary wastes, industrial
wastes and oil and other petroleum products, shall be disposed of by the Contractor as
directed by the Project Manager. Disposal of combustible materials shall be by burying, where
burial of such materials is approved by the Project Manager; by burning, where burning of
approved materials is permitted; or by removal from the construction area. - Disposal of noncombustible materials shall be by burying, where burial of such materials is approved by the
Project Manager, or by removal from the construction area. Waste materials removed from
the construction area shall be dumped at an approved dumping site.
(i)
Disposal of Material by Burying.
Only materials approved by the Project Manager may be buried. Burial shall be in pits the
location, size and depth of which shall be approved by the Project Manager. The pits shall be
covered by at least 0.6 m of earth material prior to abandonment.
(iii)
Disposal of Material by Burning
All materials to be burned shall be piled in designated burning areas in such a manner as will
cause the least fire hazards. Burning shall be thorough and complete and all charred pieces
remaining after burning, except for scattered small pieces, shall be removed from the
construction area and disposed of as otherwise provided in this Sub-Clause.
All burning activities are to be supervised. The Contractor shall, at all times, take special
precautions to prevent fire from spreading beyond the piles being burned and shall be liable
for any damage caused by his burning operations. The Contractor shall have available, at all
times, suitable equipment and supplies for use in preventing and suppressing fires and shall
be subject to all laws and regulations locally applicable for pre-suppression, suppression and
prevention of fires.
(iv)
Disposal of Material by Removal
Material to be disposed of by removal from the construction area shall be removed from the
area prior to the completion of the Work under these Specifications. All materials removed
shall become the property of the Contractor.
Materials to be disposed of by dumping shall be hauled to an approved dump. It shall be the
responsibility of the Contractor to make any necessary arrangements with private parties and
with local officials pertinent to locations and regulations of such dumping. Any fees for
charges that are to be paid for dumping of materials, shall be paid by the Contractor, and shall
be included in the prices tendered in the Bill of Quantities for other items of Work.
Hunting and other Use of Natural Resources:
(i)
The Contractor is required to prohibit his workers from hunting, trapping, killing or
other use of natural resources (with the exception of vermin) on the site or on
adjacent lands.
(ii)
Both solid and liquid waste including empty containers should be managed in such a
manner as to avoid exposing wildlife/livestock to possible poisoning or disease
infection. Empty containers should not be strewn carelessly but disposed of in a
responsible manner
(v)
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Fuel wood or charcoal as well as rustic construction wood required for fencing or
general construction should preferably be harvested in a controlled manner, and
clearing or felling of trees or shrubs in an area should be forbidden.
145.11 Fire and Prevention

a)
The Contractor shall prepare and carry out an effective fire-protection and prevention
Programme covering all phases of construction under this contract. The plan shall be
submitted to the Project Manager, prior to the start of construction operations. At
the option of the Contractor, the fire-protection and prevention Programme may be
incorporated into a safety Programme.
b)
The Contractor shall provide and maintain in a ready condition near each active work
location a fire-tool cache consisting of at least one 19 litre back pump filled with
water, two axes, two McLeod tools, and enough shovels to equip five workers for
firefighting purposes. A sufficient number of employees familiar with use of the
equipment shall be available at all times when work is in progress. In the event of a
fire resulting from project operations, the local fire-protection agency having
jurisdiction shall be notified, and the Contractor shall take immediate control action
with any and all available equipment and manpower.
c)
In areas where significant fire hazard exists as determined by the Project Manager,
the Contractor shall provide a fire patrol for 1 hour after shutdown of construction
operations each day during the dry season
d)
In areas where grass, bush, or other natural fuels are present and where roads or
creek beds will not serve the purpose, the Contractor shall establish a firebreak on the
uphill side of the project. The firebreak shall be within the right-of-way acquired by
the Employer.
145.12 Measurement and Payment for Environment Protection and Waste Disposal
Except as specifically included in the Bill of Quantities or otherwise provided above, no
separate measurement or payment will be made for any work included in this Clause, and
relevant cost of all these requirements shall be included by the Contractor in his rates in the
Bill of Quantities for other items of Work.
146
DEMOLITION AND BREAKING OUT

General
The Contractor shall demolish, break out wholly or partially and remove all structures and
superficial obstructions on the Site as shown on the Drawings, as described in the Specification
or as instructed by the Project Manager
Method of Demolition or breaking out
The methods of demolition and breaking out shall be submitted to the Project Manager for
consideration 4 weeks before such work is due to begin. Any approval given under this Clause
shall in no way relieve the Contractor of his contractual obligations.
Removal of existing steelwork
All steel fixings, p o l e s , brackets supporting services etc. that require to be removed from
the works shall be unbolted or cut off using methods to be approved by the Project Manager.
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All such steel work shall if not reused in any part of the works, shall be removed from site
either to a dump site or to scrap yard outside the Port area.
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SECTION 2 - MATERIALS AND TESTING OF MATERIALS

202
TESTING BY THE CONTRACTOR

Add the following paragraph to Clause 202 of the Standard Specifications:
The onus rests with the Contractor to produce work which confirms in quality and accuracy of
detail to the requirements of the Specifications and drawings, and the Contractor must, at his
own expense institute a quality control system to ensure adequate supervision and positive
control of the Works at all times, and the Contractor must provide chainmen and surveyor for
the Project Manager to carry out checks on the Works.
The Contractor shall submit to the Project Manager the results of the relevant tests,
measurements and levels indicating compliance with the specifications on completion of
every part of the work.
The Contractor shall make his laboratory accessible to the Project Managers Representative
for cross checking the test results and inspection during material testing in the laboratory.
204
SIEVES
Amend the following:-
204.1 SIEVE SIZES

A standard set of sieves for general use shall consist of the following sieve sizes mm: 100-6350-37.5-25-20-14-10-6.3-5-42-1-0.6-0.5-0.425-0.300-0.150-0.075mm.
The sieves from 0.425 to 0.075 mm shall be suited for wet sieving.
205
SOILS AND GRAVELS

Whenever in the Contract Documents a minimum California Bearing Ratio (CBR) is specified,
the CBR of the materials shall be determined at the specified state of compaction.
207
(a)
after four days soaking in the case of neat materials, and
(b)
after seven days curing plus seven days soaking in the case of cement or lime
improved materials.
CEMENT
Delete KS 02-21 and replace with KS 1725 2001 CEM 1 42.5
226
FREQUENCY OF TESTING
In (i) (ii) (iii) and (iv) delete T99 and substitute T180 instead.
228
OUTLINE TESTING AND INSPECTION BY THE PROJECT MANAGER

The Project Manager will at regular intervals inspect and test materials and completed work
for compliance with the specified requirements. Samples and lot sizes for routine testing shall
be at the Project Managers discretion.
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All sections of completed work including all test results carried out by the Contractor, shall be
submitted to the Project Manager for routine inspection and testing and the Contractor shall
not cover up or construct any work on top of sections of completed work before written
approval has been given by the Project Manager.
The Contractor shall arrange the submission of work for testing in such a manner that the
Project Manager will have the opportunity to inspect and test the Works.
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SECTION 5 - EARTHWORKS
505
CONSTRUCTION OF EMBANKMENTS
In Clause 505 of the Standard Specification in paragraph 3 line 2 delete "25" and substitute
"60" and in paragraph 3, line 3 delete "8%" and substitute "6%".
Unsuitable material shall include the following:
Material containing more than 5% by weight of organic matter such as topsoil, humus,
materials from swamps, mud, log stumps and perishable material;
Material with a swell of more than 3%
Clay with a Liquid Limit exceeding 50%
Material having a moisture content greater than 105% of OMC in its naturally
occurring state.
Only material approved by the Project Manager shall be used for construction of fills and
subgrade.
Material with a natural moisture content exceeding the optimum moisture content shall not
be used for the construction of embankments, unless specifically directed by the Project
Manager in writing. During the "short" and the "long" rains the material is expected to contain
a high residual moisture content. The above material can be used in the work if allowed to dry
out sufficiently to the satisfaction of the Project Manager.
508
COMPACTION OF EARTHWORKS
In the second paragraph, delete items (i), and replace with the following:
(i)
All fill material in embankment: 97% of MDD (AASHTO T99)
Moisture content of suitable fill material or in-situ materials beyond 105% of the Optimum
Moisture Content during compaction shall be brought by drying out the material, to moisture
content ranges stipulated for different layers in Clause 508 of the Standard Specification.
509
MASS HAUL DIAGRAM

Delete this clause entirely and substitute No mass haul diagram has been provided. The
Contractor shall be responsible for locating suitable materials for constructing earthworks and
shall include in his rates for fill and spoil the cost of haulage required.
510
SPOIL MATERIAL
The Contractor's attention is drawn to the fact that no payment for spoil of unsuitable
material will be made, unless the Project Manager has instructed to spoil such material.
511
BORROW PITS
Clause 511 of the Standard Specification is deleted, and substituted by the following.
Fill material which is required in addition to that provided by excavation shall be obtained
from borrow pits to be located by the Contractor and approved by the Project Manager. The
Contractor will be entirely responsible for locating suitable sources of borrow material for fills.
Once the Contactor has identified the materials sources to be used, he will be responsible for
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acquiring or leasing such land at his own cost, and such costs shall be deemed to be included
in the Contractors rates.
The Project Manager may direct that materials be selected in borrow pits for "fill in soft
material", and that other materials be excluded. The Contractor's rates shall include for all
such requirements plus the cost of site clearance, selection of materials, double handling,
stockpiling and provision of adequate supervision in every borrow pit to ensure that approved
material is not contaminated with unsuitable material.
Unsuitable material shall be spoiled in accordance with the second paragraph of Clause 510 of
the Standard Specification. Borrow pits shall be excavated to regular widths and shapes and
shall be cleaned up on completion so that the sides are neatly trimmed and bottoms levelled
and drained away from the works all in accordance with the provisions of Section 6 of the
Standard Specification.
The Contractor shall propose to the Project Manager the haulage route he intends to use for
the haulage of material, and shall not divert from this route without the approval of the
Project Manager. The Contractor shall be responsible for the maintenance of this selected
route, at his own cost.
517
MEASUREMENT AND PAYMENT FOR EARTHWORKS

Notwithstanding the provisions of Clause 517 of the Specifications, the Contractor shall have
included in his rates for fill all costs for providing such material irrespective whether the
material is originating from "Cut" or "Borrow". No separate payment will be made for opening
up, operating and landscaping after use of a borrow area.
Delete in Clause 517 the third paragraph and its sub-clauses numbered (i) to (iv).
Delete in Standard Specification Clause 517(e) and substitute with No separate payment shall
be made for earthworks overhaul and all transportation of material whether in fill, spoil or
otherwise shall be regarded as free-haul. The Contractor shall be deemed to have included
for all necessary hauls in the relevant item for earthworks.
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SECTION 6 - QUARRIES, BORROW PITS, STOCKPILES AND SPOIL AREAS

601
GENERAL
Notwithstanding the provisions of this Clause, the Contractor shall be responsible for locating
and identifying sources and locations for borrow material, quarries, stockpiles and spoil areas.
All such sources and locations subject to the approval of the Project Manager.
The Project Manager will not make available to the Contractor any land for quarries, borrow
pits, stockpiles, and spoil areas.
The Contractor will be entirely responsible for locating suitable sources of material complying
with the specification and for the procuring, winning, haulage, to the site of materials and all
costs involved therein. Similarly the Contractor will be responsible for the provision and costs
involved in providing suitable areas for stockpiling materials and spoil dumps.
No additional payment will be made to the Contractor to cover costs arising from the
requirement for this clause and the Contractor must include these cost in the rates inserted in
the Bills of Quantities.
605
SAFETY AND PUBLIC HEALTH REQUIREMENT

Add the following to Clause 605:
"When working the material sites, the Contractor shall time and arrange his works in such a
way that at no times the public safety is endangered in any way."
607
SITE CLEARANCE AND REMOVAL OF TOPSOIL AND OVERBURDEN

Faces of quarries or borrow pits that are higher than 4 metres shall be shaped stepped with
benches 1.5 m wide, sloping 1:10 out of the face at an interval of 4 metres height. All quarries
and borrow pits shall be permanently fenced with 5-strand barbed wire which shall be located
5 metres off the edge of the face. As a reinstatement measure, the bottom of a quarry or
borrow pit shall be covered with 0.20 m of topsoil.
611
OBTAINING OF BORROW MATERIALS

(a) Borrow Pit Locations
Borrow material shall be located and obtained by the Contractor. Borrow material shall
comply with the requirements of these Specifications for the use for which the material
is intended.
The Contractor shall search for and test all possible sources of borrow material including
any possible sources so designated by the Project Manager, within an economic distance
of the location where the borrow material is to be utilized.
The Contractor shall excavate the necessary trial holes, take such samples and pe rform
such tests as are deemed necessary by the Project Manager. The Contractor shall submit
all the results to the Project Manager in sufficient detail to satisfy him that the quality
and quantity of material available in the proposed borrow area is accep table for the
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intended use, all at the Contractor's expense. The Contractor shall propose the use of
those borrow pits which will be most economic to the Employer.
Approval of borrow pits or borrow areas shall apply only to those portions of the pit or
area from which acceptable materials can be obtained or produced. The Contractor shall
conduct his operations in any approved pit or borrow area or portions thereof so as to
produce acceptable material.
Any approval given by the Project Manager shall not relieve the Contractor of the
responsibility of ensuring that material obtained from a borrow pit or area complies in
all respects with the specification for the material.
The Contractor shall plan his exploitation of the borrow pit in such a manner that the
various materials excavated can be selected and either loaded directly for use or pushed
to stockpile in a borrow area for later loading.
612
OPENING AND WORKING BORROW PITS

(a) Clearing and Grubbing, Topsoil and Overburden
The Contractor's rate for borrowed material must include for clearing and grubbing and
the removal of topsoil and overburden.
(b) Excavation of Borrow Material
Where any borrow pit contains different types of materials, in separate layers which
require to be mixed in order to produce a suitable product, the materials shall be
excavated over the full depth of approved face in one operation without separation of
the different types of material.
The Contractor shall exercise all reasonable care so as to avoid contamination of
approved borrow material by the inclusion of clayey or otherwise unsuitable material
from the floor of the borrow pit, from overburden, from unsuitable layers or from areas
beyond the approved limits of the borrow area. During loading hard oversize material
which will not break down during processing on the road shall be excluded as far as is
practicable.
During the course of borrow operations and especially when excavating near the floor
and outer boundaries of borrow areas, the Contractor shall plan his operations so a s to
reduce as far as possible the amount of earthmoving that will be necessary for the
reinstating of borrow pits. Indiscriminate excavation without due regard for the desired
final shape of the borrow pit will not be permitted.
The material in borrow pits shall be blasted or ripped and/or excavated in a manner that
will ensure the effective breaking down of the material in the borrow pit before it is
loaded. Rippable material which tends to break into large blocks shall be cross ripped.
(c) Quality Control at Borrow Pit
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The Contractor shall be responsible for controlling his operations at every borrow pit
where material is being excavated, to ensure compliance with the requirements of Sub section (b) above.
He shall carry out sufficient tests on the material being excavated from the borrow pit in
order to satisfy himself that the quality of the material will comply with the specified
requirements for the particular layer for which it will be used.
(d) Protection of Borrow Pit
Borrow pits shall be continuously protected against the ingress of surface water and the
Contractor shall construct such temporary banks as may be required to divert surface
water and as far as possible his operations shall be planned in such a way that the
borrow pit is self-draining. Where this is not possible, borrow pits shall be dewatered by
pumping. The Contractor shall be solely responsible for keeping borrow areas dry and
ensuring that borrow material is sufficiently dry when required for use.
613
REINSTATEMENT OF BORROW AREAS

On completion of his operations in a borrow area, the Contractor shall reinstate the
entire area so as to blend with the surrounding area and to permit the re -establishment
of vegetation. For this purpose the borrow area shall be shaped to even contours. All
material in and around the borrow area, whether spoil from road building operations,
excess stock-piled material, oversize material left in the borrow pit, material resulting
from clearing and grubbing operations and excess overburden, shall be used or di sposed
off as directed by the Project Manager. Material not capable of supporting vegetation
shall be buried and used in shaping the borrow area and subsequently covered with soft
material. All available soft material shall be spread evenly to the thicknes s directed and
where sufficient material is not available for this purpose to cover the entire area, the
remaining portions shall be scarified along the contours so as to avoid undue erosion.
All haul roads shall be obliterated and the surface scarified, e arth banks constructed to
prevent erosion and all damaged fences and other structures reinstated.
The shaping and reinstatement of the borrow pit shall be done in such a way that the
borrow pit will be properly drained whenever practicable and where requir ed, the
Contractor shall place earth banks to divert any surface water away from the borrow
area.
The reinstatement of any borrow pit shall be to the entire satisfaction of the Project
Manager, and the Contractor shall submit to the Project Manager a signed certificate
from the landowner stating that he is fully satisfied with the reinstatement of any
borrow area.
614
DISPOSAL OF BORROW MATERIAL

The Contractor shall not have the right to use material obtained from borrow pits for any
purpose other than for the execution of this Contract. He shall not dispose of any borrow
material whether processed or not either by sale or donation to any person without the
written authority of the Employer.
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SECTION 7 - EXCAVATION AND FILLING FOR STRUCTURES

715 DEMOLITION OF EXISTING QUAY STRUCTURES
Scope of Work
The works specified in this section comprise demolition, removal and disposal of:
1. The existing gravity quay wall at North Lighter Quay, see drawings LQ-QS-A, LQ-QS-A2 and LQ-QSA3
2. The two eastern stub head jetties at the South Lighter Quays, see drawing LQ-QS-B2
3. The existing revetment at North and South Lighter Quays, see drawing LQ-QS-B
The work includes the provision of all labour, plant and equipment required for safe demolition and
disposal of the demolished materials in a safe manner in an appropriate licensed facility in accordance
with the Drawings, these Specifications and instructions from the Project Manager.
Materials
Rock materials form existing revetments shall be reused for new revetments where rock materials comply
with the material specification.
Planning of Works
Before the commencement of any demolition works the Contractor shall submit his method statement of
the removal, demolition and disposal of the structures to the Project Manager.
Approval of the Contractor's method statement shall be given subject to the Employer's requirements to
co-ordination and the actual extent of the works.
Note: It is anticipated that the ground behind the North and South Lighter Quays is unstable and not
accessible with heavy construction equipment. It is therefore advised to execute the demolition works
from the water side utilizing floating equipment (e.g. pontoon with excavator).
Workmanship
Items, which are deemed not to be suitable for reuse, shall be carted away to a licensed dump site
selected by the Contractor.
Existing structures, which shall not be removed, have to be protected by the Contractor. If they are
damaged by the demolitions works, they shall be repaired or replaced at the Contractors own expense
and to the satisfaction of the Project Manager. The Contractor shall protect the environment from
contamination including avoiding loss of polluting elements in the structures.
Dump Site
All material, which may be reused shall be handed over to the Employer at an area within 1,000 m from
the site and as directed by the Employer.
All debris from the demolition works which shall be removed and disposed of at a licensed facility.
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716 REVETMENTS
Scope of Work
The works specified in this section comprises supply and installation of rock material and geotextiles in
revetments for protection of existing shoreline.
The ground landwards of the North and South Lighter Quays is unstable. It is assumed that the revetment
works have to be executed using floating equipment. An access to the slope area with heavy equipment is
not permitted unless the Contractor can prove the stability.
References
/1/ EN 932 Test for general properties of aggregates
Part 1 Methods for sampling
Part 5 Common equipment and calibration
/2/ EN 13383 Armourstone

Part 1 Specification
Part 2 Test Methods
/3/ EN ISO 9863 Geosynthetics - Determination of thickness at specified pressures

Part 1: Single layers
/4/ EN ISO 9864 Geosynthetics - Test method for the determination of mass per unit area of geotextiles
and geotextile-related products
/5/ EN ISO 10319 Geosynthetics - Wide-width tensile test
/6/ EN ISO 11058 Geotextiles and geotextile-related products - Determination of water permeability
characteristics normal to the plane, without load
/7/ EN ISO 13934 Textiles - Woven fabrics. Determination of breaking strength and elongation (Strip
method)
/8/ EN ISO 12236 Geosynthetics - Static puncture test (CBR test)
/9/ EN ISO 12956 Geotextiles and geotextile-related products - Determination of the characteristic
opening size
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/10/ RPG of BAW6 Guidelines for Testing Geotextiles for Navigable Waterways
Rock Materials
General
All materials of rock shall be quarry material obtained from approved sources and shall be sound,
compact, hard, durable, resistant to action of sea water and free of cracks and fissures detrimental for
the proper performance of the material in question.
Density
The average density of quarry stone used for armour/core/underlayers must be at least 2,600 kg/m with
90 % of the stones having a density of at least 2,500 kg/m according to EN 13383 Part 2.
Water Absorption
The average water absorption of quarry stone must be less than 2 % and the water absorption of nine out
of ten of the individual stones less than 2.5 % according to EN 13383 Part 2.
Resistance to Abrasion
The resistance to wear category has to be at least MDE 30 according to EN 13383 Part 1.
Impurities
Quarried rock shall not contain visually observable or chemically detectable impurities or foreign matters
in such quantities that these are damaging for the structural application of the quarried stone or for the
environment in which the quarried stone is applied.
Classifications
For specifying the classification requirements of rock materials to be used in the revetments following
symbols are used:
WLCL:
Lower class limit weight, as shown in the drawings.

The class of stone shall not contain more than 10 % stones (by weight) below the lower
class limit.
WUCL:
Upper class limit weight, as shown in the drawings.

The class of stones shall not contain more than 10 % (by weight) above the upper mass
limit.
W50:
Average stone weight, defined as total sample weight divided by the corresponding
number of stones. The average weight is usually around the mean of the upper and lower
class limit weights.
t:
Thickness of armour/filter layer
D:
mean diameter of individual block
RPG of BAW
Richtlinie zur Prfung von Geotextilien im Wasserbau - Bundesanstalt fr Wasserbau, Deutschland
Guidelines for Testing Geotextiles for Navigable Waterways - Federal Waterways Engineering and
Research Institute, Germany
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Table b-1: Classifications of rock material

Designation
min. W50
Armour Layer (slope 1:2)
30 kg
0.50 m
0.22 m
Armour Layer (slope 1:1)
55 kg
0.62 m
0.27 m
Filter layer (slope 1:2)
5 kg
0.19 0.30 m
Filter Layer (slope 1:1)
9 kg
0.20 0.40 m
For rock armour stones the following additional requirements shall apply:
The stones shall be rough and angular in shape.

The maximum stone dimension (length) shall not exceed 3 times the minimum dimension
Sampling
Sampling shall be done according to EN 13383 Part 2 and conform to the general requirements stated in
EN 932 Part 1.
The samples of the grading of quarried stone to be inspected shall be taken at random and must be
representative.
The stones for rock shape and quality tests shall be chosen at random from samples which have been
taken for the particle and weight distributions.
It shall be ensured that during sampling the grab or other extraction equipment is filled to a minimum to
ensure the sample is representative for the batch tested.
For sampling from a stockpile measures shall be taken to eliminate the effect of possible segregation.
For the transport of samples, precautions shall be taken so that no material is broken or lost and that the
sample is not contaminated. Each sample shall be accompanied by a sampling certificate. This certificate
shall include the following information:
The name and location of the quarry or other source where the rock material is produced;
Description and class designation of the rock material;
Number of stone pieces in the sample;
The name of the sample taker.
Inspection and Testing

Inspection and testing of rock materials shall be carried out as an integral part of the Contractors quality
control programme with the objective to ensure the quality of all parts of the work.
The following properties of rock armour material shall be tested and fully documented prior to
commencement of any production or placement of armour layer.
density
(according to EN 13383 Part 2)
water absorption
resistance to abrasion
The tests shall be carried out in accordance with the test specifications of EN 932 Part 5.
Determination of Weights and Gradings:
Testing, inspection and reporting shall be carried out in accordance with EN 13383 Part 2 and EN 932 Part
5.
Determination of Length to Thickness Ratio:
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Testing, inspection and reporting shall be carried out in accordance with EN 13383 Part 2 and EN 932 Part
5.
Rejection of Rock Materials
Rock materials which do not meet the specifications stated above and hence are rejected by the Project
Manager shall be promptly removed from the Site and replaced by the Contractor at his own costs.
It shall further be the Contractors responsibility to remove from all sites of the works all surplus material,
rubbish, debris and material unsuitable for inclusion in the works and dispose thereof at a licensed
facility.
717 HANDLING AND PLACEMENT OF ROCK MATERIALS
General
Handling and placement of rock materials shall include all work and activities involved with:
transport from quarry sites to construction area

unloading/loading and stockpiling and sorting near the construction site
marine transport
placement in the permanent works
shaping and quality control of the different sections of the permanent works.
Surveying
Setting out of all revetment works shall be based on reference points established by the Contractor and
approved by the Project Manager.
Setting out of under water works may be accomplished by a suitable electronic RTK-DGPS positioning
system or similar with an accuracy not exceeding 0.1 m in any direction. Any such positioning system shall
be calibrated and documented for the Project Managers acceptance before any use in the works.
The Contractor shall further establish and maintain fixed marker poles and templates above sea water
level for the specified revetment profiles. The spacing of marker poles and templates along the
revetments shall not exceed 30 m.
Any such marker poles and templates shall be removed after completion and acceptance of the works.
Transport and Access
The Contractor shall be responsible for all transport of rock materials from quarries to the construction
site.
Placement of Fill Material
Core material shall be placed to the elevations and slopes indicated on the drawings and in accordance
with the method and sequence of construction approved by the Project Manager. The core material shall
be placed to ensure that the larger rock fragments are evenly distributed and the smaller rock fragments
serve to fill the spaces between the larger rock fragments.
Subject to the written approval of the Project Manager, core material may be dumped and tipped to the
natural slope of the material and left untrimmed provided that the core is built up to the dimensions
shown on the drawings with the material specified for the armour layer.
Alternatively, the dumped material shall then be levelled out to the required slope and position by
placing.
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Placement of Filter Layer

The filter layer shall be placed in such a manner that any damage to the geotextile is prevented. The
thickness is shown in the relevant drawings. The rocks shall be placed randomly so that the final slope
does not appear as a smooth paved surface. This is to ensure good interlocking between the filter layer
and the armour layer.
Placement of Armour Layer
All armour stones shall be placed at least in two layers. The placing shall be pell-mell e.g. randomly placed
so that the final slope does not appear as a paved surface.
The theoretical thickness, t, of two layers of armour stones is calculated as:
Armour stones shall be individually placed and be tightly packed together so as to achieve a bulk target
weight placed of 16 kN/m with a tolerance of +1 kN/m.
When placing stones up to a theoretical border as defined by the cross sections on the Drawings the
Contractor shall aim at having the stones protrude through the theoretical border over one third of its
area.
Tolerances
Rock materials shall be placed to the following tolerances:
a) Thickness of armour layer
-0.0/+0.15 m
b) Thickness of filter layer
-0.0/+0.10 m
c) Levels:
Crest:
-0.1 m/+0.2 m
Slopes (vertical placing tolerance):
- Above water level:
+ 0.10
- Below water level:
+ 0.20
d) Horizontal dimensions:
Width of crest:
-0.1 m/+0.5 m
Where it might be physically impossible to satisfy all of above tolerance requirements, they shall have
preference in the above order.
Existing Outlets
According to visual inspections the existence of two outlets in the present revetment at the South Lighter
Quays is known. One is located just west of Shed G and one to the East, see drawing GP-03-B. Both
outlets are in use and have to be kept operational during the construction process. The Contractor has to
consider their presence when incorporating them into the new revetment.
Note: More outlets in the revetment could be hidden by rubble. The demolition of the existing revetment
therefore has to be performed with utmost care.
Settlements
All works shall be carried out to meet the specified lines and elevations at the day of handing over of the
works.
The Contractor has to include any settlement within the structure that may occur before this date as a
superelevation. This superelevation shall be with materials and in a manner approved by the Project
Manager.
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Inspection and Testing

Measurement profiles shall be at intervals along the length of the structure (breakwater, seawall, etc.)
approved by the Project Manager. These will generally be every 20 m. No layer shall be covered by a
subsequent layer until the profile of the former layer has been approved by the Project Manager.
Measurement is assumed carried out with land-based survey methods with reference to the reference
system.
Measurement of rock armour slopes other than core material shall be carried out using a probe with a
spherical end of diameter equal to approx. 50 % of the characteristic dimension of the specified rock.
Alternative survey techniques involving electronic positioning in combination with multi-beam echo
sounders or equivalent shall become subject to the Project Managers acceptance in each case.
Such acceptance will only be given upon thorough documentation and acceptance testing of the said
equipment for compliance with accuracy requirements.
719 GEOTEXTILES
Materials
Geotextiles shall be porous, carpet-like materials, made from synthetic fibres.
Geotextiles are used in the actual works as a separation layer between filter material and sand fill
respectively existing ground.
The brand and type of geotextile proposed by the Contractor for the works shall become subject to the
Project Managers approval before bringing it to site.
The geotextile shall be polypropylene filter fabric and shall be resistant to air, water and chemical and
bacteriological attacks.
The fabric shall be manufactured with and preserve the following mechanical properties:
Raw material:
Polyester white, Polypropylene coloured
Mass per unit area:
min. 600 g/m
(according to EN ISO 9864)
Thickness:
5.3 / 4.5 mm
(according to EN ISO 9863-1)
Max. tensile strength, md/cmd: 12.0 kN/m
Resistance to static puncture load:
min. 1,200 Nm
(according to RPG of BAW)
Resistance to abrasion load:
yes
Characteristic opening size:
0.09 mm
Water permeability:

-2
VIH50-Index: 3.75 x 10 m/s
Flow rateH50: 37.5 l/sm2

k10.H50: 2.86 x 10-3 m/s
Hydraulic filtration efficiency against soil type:
1, 2 und 3
The following documents must be present:
Internal and external monitoring in accordance with DIN 18200

Quality management system according to EN ISO 9001
Current CE marking
Proof of product groups EPD (Environmental-Product-Declaration)
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Resistance (pursuant to Annex B of the corresponding European application standard) for at least
25 years when used without reinforcement function in natural soils with a pH value between 4
and 9 and a bottom temperature of <25 C.
Execution of Works
Until the time of installation of a geotextile in the permanent works it shall be stored so that it is not
exposed to direct sunlight. During installation temporary exposure to sunlight shall preferable not exceed
4 hours. Total exposure to direct sunlight in excess of 2 days of a piece of geotextile will lead to rejection
of the exposed geotextile.
Before installation of the geotextile the surface of placing shall be trimmed and cleared for obstructions,
which may damage the geotextile.
The geotextile shall consist of min. 4.5 m wide lengths. The geotextile lengths shall be placed
perpendicular to the longitudinal direction of the rubble mound structure with an overlap of at least 0.75
m.
The geotextile shall be in one piece from the bottom to the top of the structure. When correctly placed
on the slope the geotextile shall be smooth and kept in position by weights (e.g. stones or iron bars)
preventing the sheet from floating.
No rock or fill material shall be placed on the geotextile sheet before the placing has been accepted by
the Project Manager.
Placing of subsequent layers shall take place in a manner which will not damage the geotextile.
Any damage caused to geotextiles shall result in replacement of the damaged section by the Contractor
at no additional cost.
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SECTION 13 GRADED CRUSHED STONE SUBBASE AND BASE

1301
DEFINITIONS
The graded crushed stone for subbase shall meet the requirements specified in Clause 1303 for:
Stone Class "A" for Subbase; and
Nominal size "0/40".
The crushing ratio for all graded crushed stone pavement materials shall be minimum 100%.
1304
CRUSHING, SCREENING AND MIXING

The crushing installation used in the production of Graded Crushed Stone shall be a multiple
stage crusher capable of producing material complying with the specified requirements. The
crushed material shall be separated by screening into at least 4 different aggregate fractions and
recombined in a mixing plant to produce the specified particle size distribution.
The mixing plant shall be an approved type mixer of proven suitability for producing a mixture
complying with all the requirements of the specifications. The mixing plant shall be equipped with
satisfactory means to control mix proportions of different aggregate fractions and water.
All materials shall be added and mixed on the plant ready for spreading and compaction. The
water content added at the mixing plant shall be such that the moisture content during placing
and compaction will be within +/-2 % of the optimum moisture content determined according to
AASHTO t.180.
1306
LAYING AND COMPACTING GRADED CRUSHED STONE SUBBASE

Graded crushed stone shall be laid by paver. Laying and mixing by grader shall not be permitted,
except on confined areas.
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SECTION 16 PART B ASPHALT CONCRETE FOR SURFACING

1601B DEFINITION
The Asphalt Concrete shall be Type 1 (High Stability)
1602B MATERIALS FOR ASPHALT CONCRETE
(a) Penetration grade binder
(a) The binder for Asphalt Concrete shall be Bitumen 60/70 penetration grade.
(b) Aggregate
(b) The aggregate shall be Class a.
1603B MATERIALS FOR ASPHALT CONCRETE
(c) The grading requirements for Asphalt wearing course shall be as specified in Table
16B-1 for Type 1 0/14
SECTION 16 PART C DENSE BITUMEN MACADAM FOR BASE
1602C MATERIAL REQUIREMENTS
(a) Penetration grade binder
(d) The binder for Dense Bitumen Macadam shall be Bitumen 60/70 penetration grade.
1603C GRADING REQUIREMENTS FOR DENSE BITUMEN MACADAM
(e) The grading requirements for Dense Bitumen Macadam shall be as specified for
0/30.
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SECTION 17 - CONCRETE WORKS

1703
MATERIALS FOR CONCRETE

(b) Replace the first 3 lines with the following:
Only CEM I Class 42.5 N (or higher strength) Portland cement complying with the
requirements of Kenyan Standard KS EAS 18-1:2001 shall be used in the works unless
otherwise specified, ordered or permitted in writing.
1704
THE DESIGN OF CONCRETE MIXES

The Concrete for the paved area of the Container Terminal shall be C25/30 (meaning Cylinder
strength 25, and cube strength 30). The maximum aggregate size shall be 20 mm and
minimum cement content shall be 350 kg/m3 with water:cement ratio of 0.5.
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23 MECHANICAL AND ELECTRICAL WORKS
23.
23.1
GENERAL
GENERAL AND PARTICULAR SPECIFICATIONS
These Particular Specifications are to be read in conjunction with the General Specifications.
Specific technical data is provided under the Particular Specifications, which shall be
supplemented by the particulars contained under General Specifications.
In case of any deviations between the General Specifications and the Particular Specifications, the
later will take preference.
23.2
DEFINITIONS
In the Specification (as hereinafter defined) the following words and expressions shall have the
meanings hereby assigned to them:
(a)
Specification means this Specification together with the technical details given in the
Bill of Quantities and, subject to the Project Managers approval, the Contractors
Drawings, Specifications and technical details.
(b)
Supply and its derivatives means the complete design, manufacture, delivery to site,
inclusive of such ancillary services as inspection and witnessed testing at the places of
manufacture and shipment, workshop painting and of all such other services as are
noted in the Specification or reasonably necessary for the safe, reliable and efficient
(c)
Install and its derivatives means complete installation, on site painting and
adjustments, testing and commissioning of the works and of all such other services as
are noted in the Specification or reasonably for the safe, reliable and efficient
(d)
Replacement and its derivatives means exchange of equipment, parts or similar with
the latest model of the installed equipment or technically equivalent one of another
manufacturer, inclusive of dismantling and removal of the existing equipment to the
employers central store or off site as directed and all such other services as are noted
in the Specification or reasonably necessary for the safe, reliable and efficient
(e)
Overhaul and its derivatives where not detailed for specific items of plant, means
dismantling, checking and testing to identify defective components, replacement of
defective components, reassembly, commissioning and testing. Overhaul shall include
the item covered under servicing.
(f)
Repair and its derivatives where not detailed for specific items of plant, means, in
addition to an overhaul, additional works such as diagnosis, machining, welding, etc.
(g)
Service and its derivatives where not detailed for specific items of plant, means the
cleaning with high pressure air, water and or steam; oiling and greasing; the
adjustments of gaps, injectors, torques to ensure efficient operation of the machine;
and the replacement of normally wearing items such as bearings, bushes, seals, gland
packings, gaskets, voltmeters, ammeters, drive belts, etc.
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(h)
Spares and its derivatives where not detailed for specific items of plant, mean
replaceable wearing parts and lubricants as required for normal maintenance of the
plant.
(i)
Rehabilitation and its derivatives where not detailed for specific items of plant means
the reinstatement of plant by overhaul, repair and service to put the plant in its original
working state.
(j)
Quantities the quantities required for each item specified herein shall be as stipulated
in the relevant BOQ.;
(k)
Painting and its derivatives means the surface treatment with wire brush or sand
blasting and application of the primer and finishing coats as per the specifications.
23.3
MANUFACTURERS DEALERSHIPS
There shall be established manufacturers dealers in Kenya for the proposed equipment. The
dealership shall have facilities for workshops and stores with sizeable inventories of commonly
required spare parts.
The Local Agent shall be expected to either have in his stores spare parts for the equipment or be
in a position to expeditiously acquire the required parts.
Details (name, physical and postal address, telephone number, and email address of the Local
Agent shall be provided by the Bidder in his bid.
23.4
CENTRAL STORES
All existing and surplus equipment and material which is removed from the G Section shall be
transported and delivered to the Clients stores as directed. The prices for removal shall include
the costs for lifting by crane, handling, transport and documentation thereof.
23.5
PLANT OUTAGES
The works at G Section shall be planned in such a way so as to avoid a complete shutdown of the
services from other existing Sections of the port. This in particular applies to Substation C, which
supplies power to the workshops and other amenities at the port.
23.6
THIRD PARTY INSPECTION

In the event that the Contractor did not provide, with his bid
(a)
A list of those who shall manufacture, erect, test and commission the Plant under the
Contract; and
(b)
A certified copy of the certificate of listing of all of these firms under ISO 9001, ISO 9002
or ISO 9003 as appropriate for the works or services that these firms are to provide,
then third party inspection shall be required as hereinafter provided. The costs of such inspection
shall be deemed to be included in the Contractor's rates and prices.
The Third Party Inspectorate shall in general be required to certify that the Plant, and the
completed work in respect of the Plant, is in complete accordance with the applicable national
and international standards and the Specification.
The Third Party Inspectorate shall be required to be present and to witness the fabrication of the
principal components of the Plant, the assembly of the Plant and it's works testing, the packaging
6-116
of the Plant for shipment, offloading into temporary storage on site, erection, commissioning and
the performance of all tests at any stage of the execution of the Works.
The Third Party Inspectorate shall be present at all times that the work being inspected is in
progress and shall certify that it's certificates are based on its own observations, without recourse
to extrinsic evidence, or the observations or statements of others.
The inspection services shall be carried out wholly by the approved Third Party Inspectorate and
it's staff, and the Inspectorate shall not be permitted to appoint or utilise representatives from
outside its employees, or to sub-contract any of the inspection services, save for tests carried out
on the Inspectorate's behalf by independent laboratories approved by the Project Manager, or
tests carried out by others on behalf of the Inspectorate but witnessed by a qualified employee of
the Inspectorate.
Prior to the commencement of the manufacture of any of the Plant, the Contractor shall propose
to the Project Manager and obtain approval for:
(i)
The firm which will carry out Third Party Inspection services, and
(ii)
Details of the precise services that the Inspectorate will provide, and the tests that the
Inspectorate proposes to carry out.
The Project Manager shall not be bound to accept the Contractor's nominated firm of inspectors,
and shall not be bound to give any reasons for rejecting the Contractor's nomination. In the event
of rejection of the firm nominated by the Contractor, the Project Manager shall nominate three
alternative firms, from which the Contractor shall choose one.
The Third Party Inspectorate shall provide the Project Manager and the Project Manager's
Representative Certificates that the Plant conforms to the relevant standards and Specification at
the following stages:
(i)
Receipt of all components and materials at the manufacturer's works
(ii)
Completion of manufacture and works testing
(iii)
Completion of erection on site
(iv)
On-site commissioning and testing.
The information contained in the certificates and the form of certification shall be to the
requirements of the Project Manager.
Only Plant which is manufactured, erected and tested by firms which had been proven at the
time of bid to be listed under the ISO standards hereinabove provided for, or alternatively, Plant
which has been certified as acceptable subsequent to Third Party Inspection as herein provided,
shall be accepted as conforming to the Contract. Any other Plant shall be rejected at the
Contractor's risk, cost and responsibility.
23.7
CONTRACTORS RESPONSIBILITY FOR DESIGN

Subject to the requirements of the Specification, the Contractor shall be responsible for the
general and detailed design of electro-mechanical works to be carried out under the Contract and
for all plant and equipment provided.
The Contractor shall be responsible for checking all technical information provided in the
Drawings, Specification and Bill of Quantities and for confirming the suitability and output of his
proposed plant and equipment for the duty required.
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The drawings provided with the bidding documents are only for use by the Contractor in
computing his bid and are not to be taken as record drawings.
The electrical schematics provided are guidelines to enable the Contractor to design practical
circuits with reference to commercially available relays and other components. In this respect,
the Contractor shall provide the manufacturers name and technical details of all the
components.
Scales shown on title blocks do not apply to the reduced scale drawings provided.
The Contractor shall be responsible for making all necessary site measurements and establishing
all relevant data regarding conditions on site, required for the design, manufacture, installation
and commissioning of the equipment.
The Contractors design shall include any necessary modifications to existing installations to suit
the characteristics of replacement plant proposed.
The Project Managers approval of the Contractors designs shall not relieve the Contractor of his
responsibilities under the Contract.
23.8
DRAWINGS, OPERATION AND MAINTENANCE MANUAL

The bid drawings for this Contract are in the Book of Drawings.
At the time of the bid, the Bidder shall submit details of Plant and materials and drawings of the
completed installation such as will demonstrate that the bid is based upon anticipated works,
which it is expected would fulfil the intended purposes. These Bid Drawings shall also serve to
illustrate the Bidder's intentions if the Bid is accepted. The acceptance of the Bid shall not be
deemed to be acceptance of the Bid Drawings.
Within 45 days of the Contract becoming effective through the Letter of Acceptance the
Contractor shall inspect the Site and shall submit for the Project Manager's approval four paper
copies of full and detailed designs of the Works (Principle Contractor's Drawings) including but
not limited to:
(i)
Calculations, design criteria, design assumptions and the like to support the sizes,
ratings, and essential components of the Works;
(ii)
Detailed drawings showing the location arrangement, dimensions, layout etc. of all of
the Works, including circuit diagrams, dimensioned drawings of Plant, and fixing details
to associated civil works;
(iii)
The quantities of materials which the Contractor intends to procure such as to enable
completion of the Works;
(iv)
The requirements, specifications, sizes and other information required for the
completion of foundations, supports, access works and other civil works associated with
the Works;
(v)
Specifications and manufacturer's information regarding the Plant and materials to be
provided; and
(vi)
Procedure for switching on the starters
(vii)
Fault finding
(viii)
Logic diagram for mechanical checks before starting pumps
(ix)
Logic diagrams for electrical checks before stating pumps
(x)
Normal starting and shutdown procedures
(xi)
Over current and earth fault settings
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(xii)
(xiii)
Dosing procedures: solution strengths and adjustments;

Such samples and models as shall be necessary to amplify upon the information
provided as above.
The Project Manager shall provide his approval or otherwise within 28 days of submission of the
Principle Contractor's Drawings. Any Contractors drawings, which the Project Manager
disapproves, shall be modified and resubmitted within 14 days of the Project Managers notice of
disapproval. Upon approval, the Contractor shall resubmit the approved drawings in one
transparency copy to the Project Manager within 14 days of approval and he may utilise these
Drawings as the basis of ordering Plant and materials for the Works.
Subsequently and from time to time for the duration of the Contract, the Contractor shall submit
further drawings to amplify or modify the Drawings as shall be required by the Project Manager
or shall be considered by the Contractor as necessary or desirable.
The Contractor shall provide three draft copies of the Operation and Maintenance manuals and
the drawings of the Works as built at the time of submitting the notice of readiness to make the
Tests on Completion.
The Contractor shall give to the Project Manager 21 days notice of the date after which he will be
ready to make the Tests on Completion for the Plant. The Tests shall then take place within 14
days after the said date.
Upon approval of the manuals, three copies shall be submitted. Of the approved drawings, three
transparency and three paper copies shall be provided.
The satisfactory completion and submission of the Operation and Maintenance manuals and asbuilt drawings shall be one of the conditions, which the Contractor shall fulfil before the HandOver certificate is released.
23.9
STANDARD SPECIFICATIONS REFERENCE NUMBERS (SSRN)

The Standard Specifications reference Numbers (SSRN) is a list compiled by the Consultant to
provide cross-reference of international standards. In these specifications, the standards required
are given by an SSRN, which indicates all the known standards for the particular item of
equipment, etc. An SSRN list is provided at the end of these specifications under Annex A.
The specifications under the relevant topic will be applicable and in particular the following SSRN
will be enforced:
Description
SSRN
Current transformers (CTs)
002
Voltage transformers (VT)
003
Circuit Breakers
006
Electric motors
010, 011
Wiring and small power and lighting
018
Switchboards up to 1 kV
037 (a)
Switchboards 1 to 36 kV
037 (a)
LV Switchboards
040
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Circuit breakers
042
Power transformers
051
Transformer dielectric oil
054
Cables
074
Gate valves
501, 502
Non-return valves (NRV)
505
BF valves
506
Pressure gauges
507
23.10
TESTS DURING MANUFACTURE
During manufacture, the Contractor or his supplier shall carry out all tests on the Plant and
materials which are specified in the relevant Standard Specification and shall forward to the
Project Manager duly certified copies of the test results and a certificate stating that the Plant
and materials comply with the relevant Standards and Specifications.
23.11
COMMISSIONING AND SITE PERFORMANCE TRIALS AND TESTS
After complete erection of the Plant at the site, the Contractor shall commission the Plant and
operate each piece of equipment such as the MV and LV Switchboards and high mast lights for a
period of not less than one (1) week, during which time he shall carry out any adjustments or
modifications he may deem necessary to achieve the required performances.
The Operation and Maintenance manuals shall be completed before the commencement of
Performance Trials. During the trials, the Employers staff shall be trained on all the operation,
maintenance and safety aspects of the equipment.
The Contractor shall provide an accredited representative and except as otherwise indicated all
measuring instruments and all other apparatus, oils and consumables necessary for the
Performance Trials, as well as portable radio transceivers for use in communicating during the
trials.
The Taking Over Certificate will not be issued until all the completion tests have been performed
and satisfactory results given to the Project Manager or until any resultant modifications; repairs
and re-testing are, in the Project Managers opinion, satisfactorily completed.
The tests shall include electrical installation tests as required under the IEE Regulations for
Electrical Installations 17th Edition.
23.12
RUNNING-IN PERIOD AFTER COMMISSIONING
After the site performance trials, the Works shall be operated under the supervision of the
Contractors representative. The Contractors representative shall further instruct the Employers
operators in all the operations of the Plant. All final adjustments shall be completed during this
period. A period of at least ten (10) days of running-in will be required.
23.13
WARRANTY AND DEFECTS LIABILITY PERIOD
Any defects during the Defects Liability Period shall be rectified by the Contractor as he will be
contractually responsible to correct all the defects during this period.
6-120
For defects due to poor material or workmanship, the Contractor may claim from the
manufacturer for the rectification but he will be responsible to the Employer to correct such
defects.
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24. MECHANICAL PLANT AND WORKS

The main mechanical works consists of the following:
-
Supply and installation of one (1) Standby Diesel Generator
Plumbing works for the toilet block
Demolition works for two (2) old structures
The specifications for these works are provided below:

24.1
STANDBY DIESEL GENERATOR

One standby generator set shall be provided for the Reefer Section. The particulars of this set
shall be:
-
Prime Power: 500 kVA
Standby Power: 550 kVA
415 V, 50 Hz
The Generator sets shall consist of diesel engine and alternator mounted together on common
bed plates. The set shall be suitable for indoor installation taking into account the climatic
conditions prevailing in Mombasa
The generators shall be mounted on rugged skids with options for forklift slots and designed for
long service life, high reliability, ease of maintenance and repair.
The generator set shall be complete with a noise suppression hood and a Spillage free frame with
integrated forklift pockets, 110% spillage containment to conserve the environment from oil
spills.
Generator set shall conform to the requirements of the following clauses:
Sound-Attenuated and Weather-Proof Enclosure
The Generator set shall be provided with a standard sound-attenuated hood, which shall be
weather-proof. It must comply with the outdoor noise directive 2000/14/EC OND
The particulars shall be:
-
Sound level: 70 to 89 d(B)A
IP protection: IP 56
In addition, it shall have a vandal proof enclosure with powder coated steel or aluminium surface
suitable for continuous outdoor exposure, designed for extreme weather conditions and of
genuine versatility (the machine should power a wide variation of critical applications)
The generator shall be installed on a concrete plinth with the following specifications:
-
Hard-core layer, 300 mm
Concrete, 20/20 with A252 fibre mesh reinforcement, 225 mm high
Dimension to conform to the generator size.
Expansion gap of 25 mm along the edges of the plinth
Ref Dwg No. MP-LP-02
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Engine
The Engines shall be industrial four stroke, water cooled, direct injection machines and shall
operate at not more than 1500 rpm.
An automatic speed governor complying with the appropriate Class covered under SSRN 021 shall
be fitted.
All the accessories including air pipes, valves, gauges, fuels supplies, motor starters, cables etc.
required for a complete installation shall be provided.
The engine lubrication system shall be of the closed circuit wet-sump forced feed type supplied
by an engine-driven pump. Provisions shall be made for External fuel tank connection and an Oil
drain pump.
The engine cooling system shall be by means of a water jacket and a heavy duty air blast radiator,
mounted on the generator bedplate, together with an engine driven fan and water circulating
pump(s). A thermostatically operated by-pass valve shall be fitted in the cooling system to
maintain an optimum operating temperature during starting and running conditions. The radiator
cooling air shall be exhausted to atmosphere via a louvered opening and a bellows connection to
the radiator. A further louvered opening shall be provided to supply cooling and charge air.
The engine shall be capable of operating with fuels complying with the appropriate section of
SSRN 084. The fuel feed shall be via a fuel filter and a fuel agglomerater fitted before and in line
with the fuel filter.
Alternator
The alternator shall be of the salient pole, revolving field, brushless, self-regulating type and shall
be three phase. The unit shall be manufactured in accordance with SSRN 030 - SSRN 034 and shall
be continuously rated and capable of withstanding a 10% overload for l hour in any 12 hour
period. The unit shall additionally withstand a short circuit for not less than 3 seconds.
A three phase alternator shall be capable of supplying an unbalanced load where the current of
the highest loaded phase exceeds that of the lowest loaded by 40%.
The winding insulation shall be to Class F but the machine shall be designed to limit conductor
temperatures to Class B. The machine shall be designed to operate continuously in ambient
temperatures up to 50C.
The exciter shall be of the revolving armature type with the armature overhung on a shaft
extension at the non-driving end. The output of the exciter shall be rectified by a rotating silicon
diode rectifier bridge to supply the main generator field windings. The exciter field shall be
controlled through automatic voltage regulation (AVR).
Control Panel
The control panel shall be constructed to SSRN 020 and SSRN 021 with a rating of not less than
IP 54
The control panel shall contain the following items:
-
An integrated battery charger and a coolant heater
on/off switch for control circuitry
engine stop/start push buttons
emergency stop push button with twist reset
tachometer
oil pressure gauge
water temperature gauge
ammeter for each phase
voltmeter and phase selection switch
ammeter (battery starting/charging current)
dc volt meter (battery volts)
Indicator lamps
low oil pressure
high water temperature
overspeed
hours run meter
off/auto anti-condensation heater switch
6-123
Exhaust Systems for Diesel Engine

The exhaust system shall incorporate silencers suitable for use in an industrial area and shall
include all necessary supports and other items to make a complete installation. Exhaust tubing
shall be heavy gauge mild steel to SSRN 085, and shall include a stainless steel bellows close to
the engine to reduce vibration and permit engine movement.
The system shall be suspended from the walls and roof by suitable brackets and angle ties which
shall include mountings to prevent the transmission of vibration and noise to the building.
The system shall be adequately lagged and fixed within the building. Where the roof is of
combustible material and the walls of the building are of incombustible material, the exhaust
shall be routed to atmosphere through the wall rather than the roof. Where both the walls and
roof are of combustible material, special care shall be taken to protect the building from the
exhaust piping and the hot gases discharged from it.
The exhaust system outlet section shall be horizontal and where possible it shall point in the
direction of the prevailing wind.
Daily Service Tank
A daily service fuel tank holding sufficient fuel for 12 hours operation at full load shall be provided
for the generator.
The tank shall be constructed in mild steel and base mounted on the frame.
The tank shall be complete with the following fittings:
Local indication of fuel level to be given at a position where it can be easily read during fuel
delivery
Drain pipe situated at lowest point in tank complete with isolating valve. The drain pipe shall be
routed to the fuel dump tank
Outlet pipe complete with water trap and isolation valve
Filling point at the top of the tank with removable gauze filter
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Overflow pipe. This shall not have any valves and shall be routed back to the bulk storage tank.
Vent pipe. This shall be routed to atmosphere with a continuous rise from the tank and shall be
terminated with an inverted U bend and vermin screen.
The tank shall have an ullage volume above the normal maximum contents level of the tank of
not less than 5% of the maximum volume of the tank.
The vent pipe shall be located not less than 50 mm above the highest possible fuel level.
Applicable Generator Standards
24.2
IEEE446 Recommended Practice for Emergency and Standby Power Systems for
Commercial and Industrial Applications
NFPA 37 Standard for the Installation and Use of Stationary Combustion Engines and Gas
Turbines
NFPA 110: Standard for Emergency and Standby Power Systems
NEMA MG1 Motors and Generators
IEC8528 part 4 Control Systems for Generator Sets
IEC801.2, 801.3, and 801.5 for susceptibility, conducted, and radiated electromagnetic
emissions
ISO3046 Reciprocating Internal Combustion Engines
Emission Compliance to EU STAGE II
Engine Standards to ISO 3046 and ISO 8528-2
Alternator Standards to IEC 34-1 and ISO 8528-3
Insulation Class H(Both stator and Alternator)
Degree of Protection: IP23
TOILET BLOCK: PLUMBING AND DRAINAGE WORKS
The work shall include the provision of mechanical services as listed below and as described in the
relevant sections of these specifications and drawing MP-TB-03.
1. Incoming metered cold water mains
2. Connection of external drainage for foul and surface water systems
3. Connection from the existing elevated tank delivery pipe
4. Gravity cold water distribution system in the toilet block
5. Sanitary ware and all associated accessories
6. Below ground drainage system
7. Soil & waste water, surface (storm) water and condensate drainage system (above ground)
8. All control & electrical works ancillary to the above installations
9. Working drawings of installation and manufacturers data
10. Operations and mechanical manuals and as-built drawings
11. Testing and commissioning of all the above installations.
6-125
24.2.1 COMPLIANCE WITH GENERAL SPECIFICATIONS

All pipe work, fittings, valves, plant and equipment shall be in accordance with the General
Specifications of Plumbing & Drainage installation requirements. Where there are any deviations
from the requirements of the standard specifications these requirements shall take precedence
over the general specifications.
24.2.2 INSTALLATION DRAWINGS
The design drawings show the general design intent and are not intended as installation drawings.
The contractor shall produce detailed installation drawings at a scale not more than 1:50. Showing
the full layout of all pipe work and valves including brackets and supports all fully dimensioned.
Toilets and bathroom layouts should be produced at a scale of not less than 1:20.
Two copies of the installation drawings must be submitted to the Project Manager for comment
before any work proceeds.
No work shall be started on site until the drawings are approved by the Project Manager and the
Contractor is instructed to proceed with the works.
Drawings shall be submitted to the Project Manager as many times as necessary to achieve A or B1
status.
24.2.3 BUILDERS WORK DRAWINGS
The contractor shall where necessary produce builders work drawings, at a suitable scale but not
less than 1:50, showing all openings, plinths, chases etc. that are required to be formed by the
main contractor. All builders works shall be fully dimensioned and located in relation to the
structure so that the contractor can properly carry out the work.
Builders work drawings shall be submitted to the Project Manager for review in the same manner
as the Installation Drawings.
24.2.4 RECORD DRAWINGS
During the execution of the contract works the contractor shall, in a manner approved by the
Project Manager, record on working or other drawings at site all information necessary for
preparing record drawings of the installed contract works. Marked-up working or other drawing
and other documents shall be made available to the Project Manager as he may require for
inspection and checking.
24.2.5 INCOMING WATER SUPPLY AND EXTERNAL WORKS
The contractor shall liaise with the Mombasa Water Supply and Sanitation Company Limited to
arrange for a new potable water connection to the site.
A meter pit shall be constructed by the Contractor 500mm long x 400mm wide x 400mm deep. The
contractor shall install a new water meter in the meter pit. Isolating valves shall be installed each
side of the meter and a disconnection union on the down streamside so that the meter can be
removed for servicing if necessary.
A new water main is to be installed form the meter pit to the tank room. The pipe shall be
Polypropylene Co-polymer Random (PP- R) suitable for working pressure of not less than 20 bar.
An alternate connection from the existing elevated tank delivery pipe shall also be provided.
The pipe shall be laid by the contractor in accordance with these specifications and to the approval
of the Project Manager and Mombasa Water Supply and Sanitation Company Limited.
6-126
Connections are taken from this main to feed any standpipes indicated on the drawings.
Standpipes shall be in PP-R securely anchored into a concrete base with a mounting support.
24.2.6 COLD WATER DOWN PIPE SERVICES
A PP-R cold water down service pipe droops from the roof tanks to feed the sanitary appliances in
ground floor. Each branch connection shall be fitted with an isolating gate valve.
Branches shall be taken from the down service pipe to each toilet area.
The down service pipe is installed in the service duct and shall be properly clipped as required in
the general specification.
24.2.7 PAINTING OF PIPEWORK
All exposed plumbing pipe work in finished areas including final connections to wash hand basins
shall be painted with painted with one coat primer plus one coat brilliant white gloss paint.
Piping in service cabinets and fire-fighting piping services shall be painted with one coat primer
plus one coat gloss paint with colour coding to BS standards.
24.2.8 GATE VALVES
Valves shall be supplied and fitted by the contractor at the positions shown on the contract
drawings and at any other positions necessary for the proper working of the system. Any departure
from the valve positions shall be agreed with the Project Engineer. Valves are generally required at
the following positions.
a) In each service duct inside the building at the point of entry complete with drain tap.
b) In each branch pipe serving appliance.
c) At specific positions i.e. roof and landings, to control flow or isolate sections of the system or
items of plant.
d) Angle valves shall be fitted for the toilet cisterns
e) All valves shall be tagged.
24.2.9 SANITARY WARE
The Contractor shall submit a price for supply, deliver to site, install, and test and commission all
sanitary ware and accessories.
Sanitary ware & fitments shall be as indicated on the schedule of unit rates and shall include any
ancillaries necessary for the ordinary operation of the appliance/fitment.
The contractor shall supply sanitary ware as specified in the bills of quantities.
24.2.10 DRAINAGE SYSTEM
The Contractor shall provide a price for all of the internal drainage in uPVC as indicated on the
drawings and the relevant BoQ Items. The installation shall be vented stack system as defined in
the Plumbing Engineering services design Guide published by the Institute of Plumbing. The
installation shall comply with all local authority requirements.
This system shall include all of the stacks down to the connection into the first manhole and
external drainage up to the nearest sewer manhole indicated by the Project Manager.
6-127
25. ELECTRICAL PLANT

The scope of electrical works consist of the following but it is not necessarily limited to the items
stated below:
-
Addition of one (1) circuit breaker panel to the existing 11 kV switchboard in Substation C
Supply and installation of new transformer, 11/0.415 kV
Supply and installation of new Main LV Switchboard in Substation C (MSB)
Supply and installation of six (6) Reefer Control Panels (CPR)
Supply and installation of one (1) Gate Control Panel (CPG)
Supply and installation of ISS Gate Control Security System
Supply and installation of two Monopole Control Panels (CPM)
Underground cabling in ducts to the above Control Panels from Substation C
Laying of ducts for IT/Data (Cabling for IT/Data will be done by others)
Supply and installation of one (1) monopole and relocation of six (6) monopoles
Supply and installation of small power and lights in Substation C, Gate Canopy and cabins
and at the Reefers stands
The specifications for these works are provided below:

25.1
MAIN ELECTRICAL PARAMETERS

The main electrical parameters in Kenya are stated below:
25.2
MV supply
11 kV
Three-phase low voltage:
415 V between phases
Single phase low voltage:
240 V between phases and neutral
Frequency:
50 Hz
Neutral earth connection:
Direct earth connection
Voltage variation:
+10% ; - 6%
Frequency variation:
- 6% + 2%
Signalling and alarm circuits: 24 VDC
Fault Current at source:
To be confirmed from KP
CONSTRUCTION OF LV AND MV PANELS

The construction of LV and MV switchboards shall conform to the specifications provided under
General Specifications.
The panels shall conform to SSRN 008, SSRN 012 and SSRN 020
The construction shall be of steel sheeting, 2.0 mm thick, suitably reinforced. The external finish
shall be RAL 7032 to the required colour shade. The degree of protection (IP) shall be as indicated
below.
Note: The reference to electrical panels in these specifications as Control Panels, Switchboards
and Distribution Boards are interchangeable.
25.3
6-128
DEGREE OF PROTECTION FOR MOTOR ENCLOSURES AND PANELS

The degree of protection for motor enclosures shall be in accordance with BS 4999: Part 105.
Unless otherwise specified, the following minimum degrees of protection depending on location
shall apply for motors and electrical panels:
indoor
IP44
outdoor
IP65 or 64 with an approved rain canopy
25.4
MV AND LV SWITCHBOARDS
25.4.1 SUBSTATION C
MV Switchboard
The existing 11 kV switchboard is Merlin Gerin SM6. This board shall be extended by the provision
of one SF6 circuit breaker for the proposed electrical installation in Section G
The particulars of this switchboard are:
Make and type: Schneider/Merlin Gerin SM6
-
Main Incomer SF6 CB: 630 A
Outgoing SF6 CB: 630 A
The insulation and BIL ratings for the extension enclosure shall conform to the existing 11 kV
switchboard
The proposed work is the addition of one panel complete with all the accessories for the supply
and installation of:
Bus bars, 24 kV
-
SF6 circuit breaker, 200A/25 kA
Ammeter with selector switch and CTs
Close open selector switch
Indicating lamps
Connection to the new transformer, 11/0.415V, 630 A (see the transformer specifications
below)
LV Switchboard (MSB)
The LV Switchgear shall be free standing, modular, metal clad, cubicle pattern, IP54 form 4B
complying with the following specifications:Designed to a fault level of 50 kA. The breaking capacity of all the MCCBs shall be 18 kA.
IEC 61439-1 and 2 (TTA)
This standard should be complied in terms of Dielectric strength, Temperature rise, short circuit
withstand, Mechanical operation, Degree of protection of enclosures, protection against electric
shock and integrity of protective circuits, insulating materials, clearance and creepage distances,
incorporation of switching devices and components, electromagnetic compatibility, internal
electrical circuits and connections, resistance to corrosion
IEC61641 - for Internal Arc
6-129
The low - voltage switchboards shall have a rated insulation level of 1000 V AC and shall have a
rated operational voltage up to 690 VAC.
The low - voltage switchboard shall be suitable for system earthing arrangement via earth
electrode.
The low - voltage switchboard shall accept a rated current of up to 1250 Amps.
The switchboard shall be prefabricated and shall comply with standard IEC 61439 concerning the
construction of Type Tested assemblies (TTA).
The low - voltage electrical switchboard shall be type-tested assemblies (TTA) complete with
switchgear and test certificates, in compliance with standard IEC 60439.
The low - voltage electrical switchboard shall comply with standard IEC 61439 (hot and damp
climates) and (salt mist).
The low - voltage electrical switchboard shall be suitable for system earthing arrangement type as
defined in standard IEC 984.
The low -voltage electrical switchboard shall have a permissible asymmetric short-circuit current
for 0.5 second. The busbars shall be designed for mounting on insulated supports that are
sufficient in number to accept the electrodynamic forces resulting from the flow of the peak
asymmetric short-circuit current.
The low - voltage electrical switchboard shall have an earthing circuit including a bar that can be
removed for isolation purposes during the necessary insulation measurements (removal of the
bar shall require a tool).
The switchboard shall be suitable for:Front and Rear Access.
The cable entry shall be via the:Bottom.
The low - voltage electrical switchboard shall be maximum 2200 mm high, in compliance with
standard DIN 41-488.
Natural ventilation shall make it possible for the switchgear and control gear components to
operate within the recommended environmental ranges. Indoor.
The low - voltage electrical switchboard shall have small depths, thus optimizing layout in
electrical rooms: 1000 mm for up to 3200 A
The changeover must be electrically and mechanically interlocked, with motorized MCCBs with
adjustable over current settings, having a short circuit breaking capacity of 36kA at 415V, 50 Hz.
In addition, a set of indicators showing the availability of mains or generator power in use and an
over/under voltage sensing relay shall be incorporated.
A complete set of drawings of shall be submitted complete with the controls for the changeover
and the components used in the panel fabrication. The drawings shall also include the proposed
layout of the panels as submitted with the bids.
The main specifications shall conform to the following but shall not be necessarily limited to
them:
6-130
Bus bars, hardened copper, high conductivity, 415 V, 50 Hz, 1250 A
Main Incomer 1000A withdrawable Incomer
800A Withdrawable Breaker Changeover with Mechanical and electrical Interlock and an
integrated bypass switch.
Outgoing MCCB, TP, 600 A - changeover switch
Outgoing MCCB, TP, 63 A - to Gate Control Panel
Outgoing MCCB, TP, 100 A - to Reefer Control Panels 6 No.
Outgoing MCCB, TP, 63 A - to Monopole Control Panels 2 No.
Outgoing MCCB, SP, 63 A - to Substation small power and lights.
Outgoing MCCB, TP, 63 A - to Substation TPN Socket
Outgoing MCCB, TP, 63 A - to Jetties for future.
Outgoing MCCB, TP, 63 A - spare 2 No.
Voltmeter, 0 600V with selector switch
Ammeter, 0 600 A (CT: 600/5A) with selector switch
Surge Arrestor: 40 kA
Phase indicator lights
PFC Unit: automatic to maximum of 116 kVAR
IP: 44
Socket
o
Fuse 13 A, 12 kA
Ref Dwg No.MP-CL-02-a

The installation shall be complete with earthing.
25.4.2 REEFER CONTROL PANELS
At each Reefer Station, one control panel shall be provided with a total of six (6) control panels
for the whole Reefer Section. The panels shall have Polyester enclosure, cubicle pattern, IP 54,
Form 1 to withstand the salty application.
Reefer Control Panel (CPR1 to CPR6)
The control panel shall be floor- mounted and consist of the following components:
-
Main Incomer MCCB, TP, 100 A, 18 kA (thermal/magnetic)
Outgoing MCCB, TP, 32 A - to reefer TP sockets 6 No.
Outgoing MCCB, TP, 32 A - to reefer TP sockets 1 No. (spare)
Outgoing MCB, SP, 32 A - to lights
6-131
IP: 56 or IP 54 with approved rain canopy
Socket
o
Fuse 13 A, 12 kA
Ref Dwg No. MP-CL-02-a

The Reefer Racks shall be provided with three phase (3P+E) sockets of 32 A together with lights
as per the relevant BOQ. All cabling shall be in steel conduits.
Refer to Dwg. No. MP-RD 01 a.
25.4.3 GATE CONTROL PANEL
At the gate one control panel shall be provided.
Gate Control Panel (CPG1)
The control panel shall be floor- mounted and consist of the following components:
-
Outgoing MCCB, SP, 32 A - to the toilet block Consumer Unit
Outgoing MCCB, SP, 63 A - to the gate Consumer Unit
Outgoing MCCB, SP, 32 A, - bollard hydraulic pump motors 3 No
Outgoing MCCB, SP, 32 A - swing barriers hydraulic pump motors 3 No.
IP: 44
Socket
Fuse 13 A, 12 kA

25.4.4 ISS GATE SECURITY SYSTEM
A complete ISS security system shall be supplied and installed at the Main Gate. The works shall
include all aspects of Mechanical, Electrical and Civil works.
The main components of the security system are enumerated below but are not necessarily
limited to them.
-
Swinging gates
3 No
Pedestrian metal door
1 No
6-132
Full height turnstile
1 No
Half height turnstile
1 No
Vehicle anti-terror barrier
1 No (with 3 No. bollards)
Metal detection gate 1 No.
The technical specifications are provided below:
Swinging Gate
Structure
Dimensions
Treatment
Painting
Colour
Speed
Drive
Safety
Metal frame with vertical bars. Horizontal/diagonal

enforcements as needed.
Frame dimensions: As required.
Distance between vertical bars: > 10 cm. between
centers
Bars: Square > 2.0 cm.
Fence outrigger installed on top of the gate.
Outrigger specifications identical to the perimeter's
wall.
Height: 2 meters
Length: 3.5 - 4 meters, according to the lane's
width.
As required to assure withstanding the port's sea
environment.
Three layers as a minimum
As determined by the customer.
> 20cm/sec
Hydraulic
Vehicle presence loop detectors and photoelectric
beam protection against closure
Pedestrians Metal Door

The pedestrian metal door shall include the following elements:
a)
An electrical lock cylinder controlled by the access control system.
b)
Magnetic contact
c)
Hydraulic gate closer.
The pedestrian gates, including the lock, will be made of stainless steel with a special treatment
to withstand any possible negative effects of the sea environment on the metal of the gate.
The gate's construction shall be made of frame and vertical bars with horizontal enforcements.
The distance between the bars shall not exceed 50 mm.
The gate shall be without handles.
Full Height Turnstile
The turnstile shall have two drive units: electro-mechanical and motorized drive unit.
6-133
The Electro-Mechanical Drive Unit shall consist of the following elements:

a)
A locking system with electromagnets to prevent simultaneous double passage
b)
A self centering mechanism to assure completion of the rotation of the turnstile to its
home position
c)
A hydraulic shock absorber to assure smooth and progressive slow - down operation.
d)
A blocking mechanism to prevent reverse rotation.
e)
The Motorized Drive unit shall include the following components:
f)
Effective blocking system
g)
Automatically set rotation speed according to the force applied on the turnstile.
h)
Torque setting
i)
High degree of safety by stopping rotation at any obstacle
j)
Silent and smooth operation
k)
Adjustable slow-down
Functional Specifications
a)
The turnstile shall be controlled by a microprocessor logic unit:
b)
One input for opening/closing the mechanism in each direction
c)
One protected input for unlocking the turnstile in on an emergency situation.
d)
Two multi-functional inputs ready for future expansion purposes.
e)
One output for indication of turnstile's actual status (BUSY signal).
f)
Four (4) protected outputs for communication with LED Traffic lights.
g)
Two outputs to check completed passage through the turnstile in a direction. Adjustable
time out facility (ranging from 6 to 30 sec.) to cancel the GO signal if passage through the
turnstile is not completed within the assigned time.
h)
The logic unit shall be protected against overloads, short circuits and polarity inversion.
i)
Operational modes: The turnstile can be set for different operational modes in either
direction:
j)
Free access.
k)
Controlled access.
l)
Locked.
m)
Emergency.
n)
The following modes of operation shall be available in an emergency situation or power

failure in either direction:
o)
Free access.
p)
Locked.
Technical Specifications:
Features:
Bi-directional
6-134
Control Possibilities:
Manually by a local control panel

By Access Control subsystem
Materials:
Shock absorber:
Casework: Polished Stainless Steel (2 mm thick)

Roof: Polished Stainless Steel sheet (2 mm thick)
Turnstile and Gate Pillar: Polished Stainless Steel
Tripod and Gate Arms: Polished Stainless Steel made
40 mm diameter tube
Hydraulically adjustable
Operating temperature:
-30C to +50C
Humidity:
Maximum 100%. (non-condensing)
Anti-corrosion treatment by
zinc plating, of thicknesses:
MCBF (Mean Cycle before
Failure)
Power supply:
Mechanical parts: 10 15 m, steel sheets 15 - 20 m

Casing: Application of AISI 304 stainless steel sheet
3.000.000 cycles
Back-up Battery:
Supports turnstile motorized drive unit for at least six

(6) hours of continuous operation
24VAC/DC, 2A
Half Height Turnstile

The specifications are similar to the specification of the full height turnstiles, as described above
Vehicles Anti-Terror Barrier
The Contractor shall supply and install "Vehicles Anti-Terror" barrier that should stop forced
intrusion of hostile cars at the following conditions:
a)
Ramming a 2.5 ton car max weight at 90 km/h speed.
b) Ramming a 10 ton max weight truck at 40 km/h speed.

The required barrier shall be made of a horizontal metal arm made of 100/100/5 HRS profile with
inside reinforcement (180 Kg/sqm cable or a different solution).
Gate design and equipment quality of the supplied equipment must assure successful 24/7
operation at over 2000 open/close operations per day. The longest response time of the barrier
will be less than 4 sec.
The arm shall be 3.5 to 4.5 m long or longer if required according to lane width. The arm shall be
at least 50 cm high from the ground.
Photoelectric beams shall prevent the gate from closing on a vehicle
Traffic lights shall be placed near to the gate for progress steps indication to drivers.
The gate arm shall be painted with night shining color and shall have a stop sign and a written
stop sign attached to the arm.
"Pop Up" Pneumatic Bollards Specifications:
Functionality: to stop crash
into the bollards of the
following vehicles:
A 2.5 ton car (max weight) at minimum 90 km/h speed

A 10 ton truck (max weight) at minimum 40 km/h speed
6-135
Structure:
Installation:
Response time:
Life Cycle
Galvanized:
Painting:
Two (2) metal bollards each of 20 cm thick and 70 cm

minimum height from the road when in popped-up position
Concealed in the road at "O" level and pop-up upon remote
control operation
< 1 sec from receiving the lifting or lowering command
At least 7 years of 24/7 operation with over 2000
open/close operations per day
According to the local standards for sea environment
operation
With night shining colors
Metal Detection Gate Specifications

Multi-zone security metal detector,
Features
Self-test diagnostics capabilities

Microprocessor controlled
Programming
Access for programming shall be protected by a lock and

key and by a dual-level password or by magnetic or chip
card programming key.
Detection
regardless of metal orientation
Working environment
Outdoor
Network Connection:
Ethernet, IP based protocol

Visual signaling: multi-zone display
Alarms:
Audible signaling
Alarm Outputs:
Relay contact for remote alarm
Power Supply:
240 VAC/50 Hz
Galvanization
According to local standards for sea operation environment

Electrical safety
Emission
Standards Conformity:
Immunity
Security levels 1-5 NILEC J-0601.
Safety for pregnant women, for heart pacemakers implants
and for magnetic recording materials
ISS POST-CONSTRUCTION MAINTENANCE AND OPERATION SUPPORT
6-136
The Contractor shall arrange with the Specialist Supplier/Subcontractor to provide post
construction support for the following elements:
Training of KPA Operation and Maintenance Staff
The Specialist Contractor shall ensure that the designated KPA staff are provided with both onthe-job and classroom training. The training shall commence during the supply and installation of
the system components. The staff should be made familiar with all aspects of the equipment,
their limitations, adjustments and commissioning.
The proficiency of the staff shall be monitored and at the end of the training they shall be
provided with a certificate.
This training shall last throughout the design and installation period, during commissioning and
for at least two months after the substantial completion of the works.
In this respect, the Specialist Subcontractor shall prepare a comprehensive Operation and
Maintenance Manual with full details of the equipment specifications and maintenance
schedules. The KPA staff shall be made proficient in the use of this manual.
The cost of this training shall be indicated under the relevant BOQ in Section 1C5
Maintenance Contract with KPA
The Contractor shall sign a Maintenance Contract with KPA for the maintenance of the ISS for a
period of two years.
The maintenance shall be for routine preventive purpose and shall include but not necessarily be
limited to the following.
1. Maintenance work programme for a period of two years with recommended type and
level of service and the period thereof.
2. Details of the level of service e.g. minor, intermediate, major, etc.
3. The part numbers and description of the wearable parts shall be stated.
4. Any other items which the tenderer may consider to be important.
5. The names and CVs of the proposed trainers shall be provided.
6. The maintenance contract shall be approved by the KPA management before it will be
implemented.
The Tenderer shall state the cost of such a maintenance contract in the relevant BoQ Item under
Section 1C5
Supply of Basic Spare Parts
The Contractor shall provide basic spare parts for an inventory to be established by KPA. These
spares shall not include the ones which will be provided by the Contractor for the above
maintenance contract, which shall include items such as filters, oils, seal and gaskets.
These spare parts shall include but not necessarily be limited to the following:
1. Bearings
2. Oil seals (not included in the maintenance contract parts)
3. Circlips
4. Nuts, bolts and screws
6-137
5. Fan belts
6. Tubes
7. Fuses
8. MCBs
9. Any other recommended items.
25.4.5 MONOPOLE CONTROL PANELS
Two Monopole Control Panels shall be installed at the locations shown in Dwg Nos. MP-CL-01-a
and MP-CL-01-b
Monopole Control Panel (CPM1)
The control panels shall be floor-mounted on a plinth and consist of the following components:
-
Outgoing MCCB, TP, 63 A to Monopole Nos 01, 03 and 05
Outgoing MCCB, TP, 63 A spare
Outgoing MCB, SP, 32 A - spare
IP: 56
Socket
Fuse 13 A, 12 kA

Monopole Control Panel (CPM2)
The specifications of Control Panel (CPM2) will be the same as above for the CPM1 except that it
will feed the following Monopoles
-
Outgoing MCCB, TP, 63 A to Monopole Nos 02, 04 and 06

25.4.6 MONOPOLES
The existing monopoles consist of:
-
Monopoles, 30 m high: 3 No
Monopoles, 40 m high: 2 No.
6-138
One (1) new monopole shall be provided in order to make a total of six (6) monopoles. Make:
Abacus or equivalent.
All the monopoles will be removed from their existing positions and relocated as shown in Dwg.
No. MP-GL-01-a and MP-GL-01-b
The two (2) 40 m high monopoles shall be erected at:
-
Monopole No. 01: at the head of Block B
Monopole No. 02: at the tail end of Block A
The four (4) 30 m high monopoles shall be erected on the perimeter of Block A and Block B as
shown in the above drawing.
The monopoles shall conform to the details shown in Dwg. No. MP-LP-02.
The main specifications of the monopoles shall conform to:
Mechanical
-
Height to headframe or lantern head 30 m
Shaft: mild steel Q345 with a Yield Strength of 345 N/mm2
Hot dip galvanization to BS ISO 1461
All modified parts and welding shall be hot dip galvanized.
Foundation bolts shall be: M27x850 mm stainless steel
Mechanical means to lower and raise the lantern or headframe with powered pulley
system.
Foundation
Six (6) new foundations shall be constructed as detailed in Dwg No. MP-LP-02
Electrical
The monopoles shall be supplied complete with luminaries, electronic ballasts, starters,
capacitors for PF improvement, etc.
All the existing luminaries must be replaced with the following and the new 30 m high monopole
shall be provided with the same make and type of luminaires.
The details of the proposed luminaires shall be as follows with reference to Dwg. No. MP-LP02.and Dwg. No. MP-LP-02. (a)
Monopoles, 30 m High (Positions M2, M3, M4 & M5)
Each monopole shall carry the following Rhea Luminaires:
-
For Monopoles at M2, M3 & M5:
3xAL5216/600 W LED Floodlights
For Monopole at M4:
Monopoles, 40 m High (Positions M1 & M6)

Each monopole shall carry the following Rhea Luminaires:
-
For Monopoles at :M1 & M6
Lamps
The lamps shall conform to the following specification:
-
600 W LED
(90,000 I.Lm)
1000 W LED
Electronic HPS Ballast/starter, 600W and 1000 W
Capacitors
6-139
(130,000 I.Lm)
The Expected Illuminance Levels

The expected Illuminance Levels and the orientations of the lamps are provided in
Dwg. No. MP-LP-02.(a)
25.4.7 POWER CABLES
Power cables shall, unless otherwise approved, be made of copper conductors with PVC
insulation and sheath, galvanised steel wire armour and an overall sheath of impregnated tropical
grade PVC or XLPE. Where single core cables are to be utilised, the armour shall be made of
aluminium wire. All power cables shall be manufactured in accordance with the relevant sections
of SSRN 024 and SSRN 074.
The cable ratings shall be as follows:
Low voltage : 600/1000 V;
Medium Voltage cables: 3.6/6.6kV
HT voltage: 6.6/11
25.4.8 CABLE AND IT/DATA UNDERGROUND DUCTS AND MANHOLES
All the ducts for buried power and IT/Data cables shall be of black heavy grade PVC rigid ducts.
These ducts shall conform to the Electrical Association (E. A) Technical Specification 12-24
Plastic Ducts for Buried Electric Cables.
All the ducts shall be buried to a minimum of 450 mm below the ground level and 750 mm below
the ground level where they cross roads. In addition, the ducts below roads shall have a concrete
surround of 150 mm Class 15 Concrete.
The power and IT/Data duct diameters shall be:
Minimum 125 mm diameter for all the power cables except;
Minimum of 200 mm diameter for the power cables to the Reefers Section.
Minimum of 125 mm diameter for IT/Data cables
The ducts for power cables and IT/Data shall be laid at a distance of 150 mm apart from
wall to wall of the ducts.
Manholes for cables shall have the following dimensions:
Manhole at Substation C:
600x600x450 mm deep
Manholes in reticulation:
600x450x450 mm deep
All the manholes shall be of Class 20/20 concrete with A393 fabric mesh with 150 mm wall
thickness as shown in Dwg. No. MP-LP-01
25.4.9 POWER FACTOR IMPROVEMENT
The overall power factor of the all the Section G operating load shall not be lower than 0.95
lagging and shall preferably be set at 0.96 at any load. Power factor correction capacitors shall be
provided with discharge reactors.
The capacitors shall be based on the MKP technology.
6-140
An automatic capacitance adjusting unit shall be provided at the source of power in the Main
Switchboard. Such a unit shall incorporate at least the following functions:
Increase or decrease of capacitance in accordance with load reactive power;
Increase/decrease in steps of 10, 10, 20, 40, 40 kVAR.
Maximum 120 kVAR
PF meter
25.4.10 LIGHTNING PROTECTION
The rehabilitation of existing lightning protection systems shall conform to the specifications
provided under General Specifications.
Where lightning surge protectors are required, they shall conform to the ratings provided below:
Up = 2.5 kV;
Imax = 40 kA (65 kA if a lightning arrestor is installed on the building or in the
neighbourhood)
25.4.11 ELECTRICAL WORKS FOR BUILDINGS AND STRUCTURES
For existing building Substation C the scope of work is indicated therein and in the relevant item
of the BOQ.
The electrical installation shall be in accordance with SSRN 018 and the IES Code for Lighting.
The Contractor will be expected to consult KP for the supply of power to the premises.
All luminaries, lighting and small power equipment shall be subject to prior approval by the
Project Manager. Luminaries shall be to IP 65 for outside installations.
Luminaries shall be provided at the following locations as per the quantities shown under the
relevant BOQ item:
Substation C
Gate Cabins and Canopy
Reefer Stations.
6-141
Drawings
Project Drawings
These are provided in a separately bound volume.
Record Drawings
The Sub-Contractor shall keep on site, at all times a complete set of the drawings related to this contract
and as the Contract works are proceeded with, indicate in red colour on such drawings, any variations to
the Contract drawings.
Wherever reference is made in the Contract to specific standards and codes to be met by the goods and
materials to be furnished, and work performed or tested, the provisions of the latest current edition or
revision of the relevant standards and codes in effect shall apply, unless otherwise expressly stated in the
Contract. Where such standards and codes are national, or relate to a particular country or region, other
authoritative standards that ensure a substantially equal or higher quality than the standards and codes
specified shall be accepted subject to the Project Managers prior review and written consent.
Differences between the standards specified and the proposed alternative standards shall be fully
described in writing by the Contractor and submitted to the Project Manager at least 28 days prior to the
date when the Contractor desires the Project Managers consent. In the event the Project Manager
determines that such proposed deviations do not ensure substantially equal or higher quality, the
Contractor shall comply with the standards specified in the documents.
Of the Contract works, the Contractor shall furnish to the Engineers two SOFT copies and three hard
copies prints of the drawings showing the Contract works as installed or fitted, or such other drawings
and operating instructions for equipment as may be required.
The size and scale of any drawing shall generally be the same as the original contract drawings unless
otherwise specified by the Engineer. On completion of the drawings they shall be endorsed with
statement, This drawing is a True and accurate record of the work carried out and signed by the
Contractor.
The contract will not be considered complete until As Installed Drawings have been produced and
accepted by the Engineer
6-142
Supplementary Information
[NONE]
Section VII General Conditions of Contract
PART 3 Conditions of Contract and Contract Forms
7-143
Section VII General Conditions of Contract
7-144
Section VII - General Conditions of Contract
These General Conditions of Contract (GCC), read in conjunction with the Particular Conditions of
Contract (PCC) and other documents listed therein, should be a complete document expressing fairly the
rights and obligations of both parties.
These General Conditions of Contract have been developed on the basis of considerable international
experience in the drafting and management of contracts, bearing in mind a trend in the construction
industry towards simpler, more straightforward language and FIDIC Standards. Where there is a conflict
between these GCC and PCC and FIDIC, the FIDIC Standards shall take precedence.
The GCC can be used for both smaller admeasurement contracts and lump sum contracts.
Table of Clauses
A. General .................................................................................................................................................147
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
Definitions .................................................................................................................................... 147

Interpretation ............................................................................................................................... 149
Language and Law ........................................................................................................................ 149
Project Managers Decisions ......................................................................................................... 149
Delegation .................................................................................................................................... 150
Communications ........................................................................................................................... 150
Subcontracting.............................................................................................................................. 150
Other Contractors ......................................................................................................................... 150
Personnel and Equipment ............................................................................................................ 150
Employers and Contractors Risks ................................................................................................ 150
Employers Risks ........................................................................................................................... 150
Contractors Risks ......................................................................................................................... 151
Insurance ...................................................................................................................................... 151
Site Data ....................................................................................................................................... 151
Contractor to Construct the Works .............................................................................................. 151
The Works to Be Completed by the Intended Completion Date .................................................. 152
Approval by the Project Manager ................................................................................................. 152
Safety ............................................................................................................................................ 152
Discoveries .................................................................................................................................... 152
Possession of the Site ................................................................................................................... 152
Access to the Site .......................................................................................................................... 152
Instructions, Inspections and Audits ............................................................................................. 153
Appointment of the Adjudicator................................................................................................... 153
Procedure for Disputes ................................................................................................................. 153
B. Time Control..........................................................................................................................................154
25.
26.
27.
28.
29.
30.
Program ........................................................................................................................................ 154

Extension of the Intended Completion Date ................................................................................ 154
Acceleration .................................................................................................................................. 154
Delays Ordered by the Project Manager ...................................................................................... 154
Management Meetings ................................................................................................................ 155
Early Warning ............................................................................................................................... 155
C. Quality Control ......................................................................................................................................155

31.
32.
33.
34.
Identifying Defects ........................................................................................................................ 155

Tests ............................................................................................................................................. 155
Correction of Defects .................................................................................................................... 155
Uncorrected Defects ..................................................................................................................... 155
D. Cost Control ..........................................................................................................................................156

35.
36.
37.
38.
Contract Price ............................................................................................................................... 156

Changes in the Contract Price....................................................................................................... 156
Variations ...................................................................................................................................... 156
Cash Flow Forecasts...................................................................................................................... 157
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
Payment Certificates..................................................................................................................... 157

Payments ...................................................................................................................................... 157
Compensation Events ................................................................................................................... 158
Tax ................................................................................................................................................ 159
Currencies ..................................................................................................................................... 159
Price Adjustment .......................................................................................................................... 159
Retention ...................................................................................................................................... 160
Liquidated Damages ..................................................................................................................... 160
Bonus ............................................................................................................................................ 160
Advance Payment ......................................................................................................................... 160
Securities ...................................................................................................................................... 161
Dayworks ...................................................................................................................................... 161
Cost of Repairs .............................................................................................................................. 161
E. Finishing the Contract ............................................................................................................................161

52.
53.
54.
55.
56.
57.
58.
59.
60.
61.
Completion ................................................................................................................................... 161

Taking Over ................................................................................................................................... 161
Final Account ................................................................................................................................ 162
Operating and Maintenance Manuals .......................................................................................... 162
Termination .................................................................................................................................. 162
Fraud and Corruption ................................................................................................................... 163
Payment upon Termination .......................................................................................................... 164
Property ........................................................................................................................................ 164
Release from Performance ........................................................................................................... 164
Suspension of TMEA Funding or Credit ........................................................................................ 165
General Conditions of Contract

A. General
1. Definitions
1.1
Boldface type is used to identify defined terms.

(a)
The Accepted Contract Amount means the amount accepted in

the Letter of Acceptance for the execution and completion of the
Works and the remedying of any defects.
(b)
The Activity Schedule is a schedule of the activities comprising the

construction, installation, testing, and commissioning of the Works
in a lump sum contract. It includes a lump sum price for each
activity, which is used for valuations and for assessing the effects
of Variations and Compensation Events.
(c)
The Adjudicator is the person appointed jointly by the Employer

and the Contractor to resolve disputes in the first instance, as
provided for in GCC 23.
(d)
TMEA means the financing institution named in the PCC.
(e)
Bill of Quantities means the priced and completed Bill of

Quantities forming part of the Bid.
(f)
Compensation Events are those defined in GCC Clause 41

hereunder.
(g)
The Completion Date is the date of completion of the Works as

certified by the Project Manager, in accordance with GCC SubClause 52.1.
(h)
The Contract is the Contract between the Employer and the

Contractor to execute, complete, and maintain the Works. It
consists of the documents listed in GCC Sub-Clause 2.3 below.
(i)
The Contractor is the party whose Bid to carry out the Works has
been accepted by the Employer.
(j)
The Contractors Bid is the completed bidding document

submitted by the Contractor to the Employer.
(k)
The Contract Price is the Accepted Contract Amount stated in the

Letter of Acceptance and thereafter as adjusted in accordance
with the Contract.
(l)
Days are calendar days; months are calendar months.
(m)
Day works are varied work inputs subject to payment on a time

basis for the Contractors employees and Equipment, in addition
to payments for associated Materials and Plant.
(n)
A Defect is any part of the Works not completed in accordance

with the Contract.
(o)
The Defects Liability Certificate is the certificate issued by Project

Manager upon correction of defects by the Contractor.
(p)
The Defects Liability Period is the period named in the PCC
pursuant to Sub-Clause 33.1 and calculated from the Completion

Date.
(q)
Adjudicator means the single person appointed under Clause 23.
(r)
Drawings means the drawings of the Works, as included in the

Contract, and any additional and modified drawings issued by (or
on behalf of) the Employer in accordance with the Contract,
include calculations and other information provided or approved
by the Project Manager for the execution of the Contract.
(s)
The Employer is the party who employs the Contractor to carry

out the Works, as specified in the PCC.
(t)
Equipment is the Contractors machinery and vehicles brought

temporarily to the Site to construct the Works.
(u)
In writing or written means hand-written, type-written,

printed or electronically made, and resulting in a permanent
record;
(v)
The Initial Contract Price is the Contract Price listed in the

Employers Letter of Acceptance.
(w)
The Intended Completion Date is the date on which it is intended

that the Contractor shall complete the Works. The Intended
Completion Date is specified in the PCC. The Intended Completion
Date may be revised only by the Project Manager by issuing an
extension of time or an acceleration order.
(x)
Materials are all supplies, including consumables, used by the

Contractor for incorporation in the Works.
(y)
Plant is any integral part of the Works that shall have a

mechanical, electrical, chemical, or biological function.
(z)
The Project Manager is the person named in the PCC (or any other
competent person appointed by the Employer and notified to the
Contractor, to act in replacement of the Project Manager) who is
responsible for supervising the execution of the Works and
administering the Contract.
(aa)
PCC means Particular Conditions of Contract
(bb)
The Site is the area defined as such in the PCC.
(cc)
Site Investigation Reports are those that were included in the

bidding documents and are factual and interpretative reports
about the surface and subsurface conditions at the Site.
(dd)
Specification means the Specification of the Works included in the

Contract and any modification or addition made or approved by
the Project Manager.
(ee)
The Start Date is given in the PCC. It is the latest date when the
Contractor shall commence execution of the Works. It does not
necessarily coincide with any of the Site Possession Dates.
2. Interpretation
(ff)
A Subcontractor is a person or corporate body who has a Contract

with the Contractor to carry out a part of the work in the Contract,
which includes work on the Site.
(gg)
Temporary Works are works designed, constructed, installed, and

removed by the Contractor that are needed for construction or
installation of the Works.
(hh)
A Variation is an instruction given by the Project Manager which

varies the Works.
(ii)
The Works are what the Contract requires the Contractor to

construct, install, and turn over to the Employer, as defined in the
PCC.
2.1
In interpreting these GCC, words indicating one gender include all genders.
Words indicating the singular also include the plural and words indicating
the plural also include the singular. Headings have no significance. Words
have their normal meaning under the language of the Contract unless
specifically defined. The Project Manager shall provide instructions
clarifying queries about these GCC.
2.2
If sectional completion is specified in the PCC, references in the GCC to the

Works, the Completion Date, and the Intended Completion Date apply to
any Section of the Works (other than references to the Completion Date
and Intended Completion Date for the whole of the Works).
2.3
The documents forming the Contract shall be interpreted in the following

order of priority:
(a)
Agreement,
(b)
Letter of Acceptance,
(c)
Contractors Bid,
(d)
Particular Conditions of Contract,
(e)
General Conditions of Contract,
(f)
Specifications,
(g)
Drawings,
(h)
Bill of Quantities as per the Letter of Financial Bid,7 and
(i)
Any other document listed in the PCC as forming part of the

Contract.
3. Language and Law
3.1
The language of the Contract and the law governing the Contract are
stated in the PCC.
4. Project Managers
Decisions
4.1
Except where otherwise specifically stated, the Project Manager shall

decide contractual matters between the Employer and the Contractor in
In lump sum contracts, delete Bill of Quantities and replace with Activity Schedule.
the role representing the Employer.

5. Delegation
5.1
Otherwise specified in the PCC, the Project Manager may delegate any of
his duties and responsibilities to other people, except to the Adjudicator,
after notifying the Contractor, and may revoke any delegation after
notifying the Contractor.
6. Communications
6.1
Communications between parties that are referred to in the Conditions

shall be effective only when in writing. A notice shall be effective only
when it is delivered.
7. Subcontracting
7.1
The Contractor may subcontract with the approval of the Project Manager,
but may not assign the Contract without the approval of the Employer in
writing. Subcontracting shall not alter the Contractors obligations.
8. Other Contractors
8.1
The Contractor shall cooperate and share the Site with other contractors,
public authorities, utilities, and the Employer between the dates given in
the Schedule of Other Contractors, as referred to in the PCC. The
Contractor shall also provide facilities and services for them as described in
the Schedule. The Employer may modify the Schedule of Other
Contractors, and shall notify the Contractor of any such modification.
9. Personnel and
Equipment
9.1
The Contractor shall employ the key personnel and use the equipment
identified in its Bid, to carry out the Works or other personnel and
equipment approved by the Project Manager. The Project Manager shall
approve any proposed replacement of key personnel and equipment only
if their relevant qualifications or characteristics are substantially equal to
or better than those proposed in the Bid.
9.2
If the Project Manager asks the Contractor to remove a person who is a

member of the Contractors staff or work force, stating the reasons, the
Contractor shall ensure that the person leaves the Site within seven days
and has no further connection with the work in the Contract.
10. Employers and

Contractors Risks
10.1 The Employer carries the risks which this Contract states are Employers
risks, and the Contractor carries the risks which this Contract states are
Contractors risks.
11. Employers Risks
11.1 From the Start Date until the Defects Liability Certificate has been issued,
the following are Employers risks:
(a)
(b)
The risk of personal injury, death, or loss of or damage to property

(excluding the Works, Plant, Materials, and Equipment), which are
due to
(i)
use or occupation of the Site by the Works or for the purpose

of the Works, which is the unavoidable result of the Works or
(ii)
Negligence, breach of statutory duty, or interference with any

legal right by the Employer or by any person employed by or
contracted to him except the Contractor.
The risk of damage to the Works, Plant, Materials, and Equipment to

the extent that it is due to a fault of the Employer or in the
Employers design, or due to war or radioactive contamination

directly affecting the country where the Works are to be executed.
11.2 From the Completion Date until the Defects Liability Certificate has been
issued, the risk of loss of or damage to the Works, Plant, and Materials is
an Employers risk except loss or damage due to
(a)
a Defect which existed on the Completion Date,
(b)
an event occurring before the Completion Date, which was not itself
an Employers risk, or
(c)
The activities of the Contractor on the Site after the Completion

Date.
12. Contractors Risks
12.1 From the Starting Date until the Defects Liability Certificate has been
issued, the risks of personal injury, death, and loss of or damage to
property (including, without limitation, the Works, Plant, Materials, and
Equipment) which are not Employers risks are Contractors risks.
13. Insurance
13.1 The Contractor shall provide, in the joint names of the Employer and the
Contractor, insurance cover from the Start Date to the end of the Defects
Liability Period, in the amounts and deductibles stated in the PCC for the
following events which are due to the Contractors risks:
(a)
loss of or damage to the Works, Plant, and Materials;
(b)
loss of or damage to Equipment;
(c)
loss of or damage to property (except the Works, Plant, Materials,

and Equipment) in connection with the Contract; and
(d)
Personal injury or death.
13.2 Policies and certificates for insurance shall be delivered by the Contractor
to the Project Manager for the Project Managers approval before the
Start Date. All such insurance shall provide for compensation to be
payable in the types and proportions of currencies required to rectify the
loss or damage incurred.
13.3 If the Contractor does not provide any of the policies and certificates
required, the Employer may affect the insurance which the Contractor
should have provided and recover the premiums the Employer has paid
from payments otherwise due to the Contractor or, if no payment is due,
the payment of the premiums shall be a debt due.
13.4 Alterations to the terms of an insurance shall not be made without the
approval of the Project Manager.
13.5 Both parties shall comply with any conditions of the insurance policies.
14. Site Data
14.1 The Contractor shall be deemed to have examined any Site Data referred
to in the PCC, supplemented by any information available to the
Contractor.
15. Contractor to
15.1 The Contractor shall construct and install the Works in accordance with
Construct the
Works
the Specifications and Drawings.
16. The Works to Be

Completed by the
Intended
Completion Date
16.1 The Contractor may commence execution of the Works on the Start Date
and shall carry out the Works in accordance with the Program submitted
by the Contractor, as updated with the approval of the Project Manager,
and complete them by the Intended Completion Date.
17. Approval by the

Project Manager
17.1 The Contractor shall submit Specifications and Drawings showing the
proposed Temporary Works to the Project Manager, for his approval.
17.2 The Contractor shall be responsible for design of Temporary Works.
17.3 The Project Managers approval shall not alter the Contractors
responsibility for design of the Temporary Works.
17.4 The Contractor shall obtain approval of third parties to the design of the
Temporary Works, where required.
17.5 All Drawings prepared by the Contractor for the execution of the
temporary or permanent Works, are subject to prior approval by the
Project Manager before this use.
18. Safety
18.1 The Contractor shall be responsible for the safety of all activities on the
Site.
19. Discoveries
19.1 Anything of historical or other interest or of significant value unexpectedly

discovered on the Site shall be the property of the Employer. The
Contractor shall notify the Project Manager of such discoveries and carry
out the Project Managers instructions for dealing with them.
20. Possession of the

Site
20.1 The Employer shall give possession of all parts of the Site to the
Contractor. If possession of a part is not given by the date stated in the
PCC, the Employer shall be deemed to have delayed the start of the
relevant activities, and this shall be a Compensation Event.
21. Access to the Site
21.1 The Contractor shall allow the Project Manager and any person authorized
by the Project Manager access to the Site and to any place where work in
connection with the Contract is being carried out or is intended to be
carried out.
22. Instructions,
Inspections and
Audits
22.1 The Contractor shall carry out all instructions of the Project Manager
which comply with the applicable laws where the Site is located.
23. Appointment of
the Adjudicator
23.1 The Adjudicator shall be appointed jointly by the Employer and the
Contractor, at the time of the Employers issuance of the Letter of
Acceptance. If, in the Letter of Acceptance, the Employer does not agree
on the appointment of the Adjudicator, the Employer will request the
Appointing Authority designated in the PCC, to appoint the Adjudicator
within 14 days of receipt of such request.
22.2 The Contractor shall permit, and shall cause its Subcontractors and sub
consultants to permit, the TMEA and/or persons appointed by the TMEA
to inspect the Site and/or the accounts and records of the Contractor and
its sub-contractors relating to the performance of the Contract and the
submission of the bid, and to have such accounts and records audited by
auditors appointed by the TMEA if requested by the TMEA. The
Contractors and its Subcontractors and sub consultants attention is
drawn to Sub-Clause 57.1 which provides, inter alia, that acts intended to
materially impede the exercise of the TMEAs inspection and audit rights
provided for under Sub-Clause 22.2 constitute a prohibited practice
subject to contract termination (as well as to a determination of
ineligibility pursuant to the TMEAs prevailing sanctions procedures).
23.2 Should the Adjudicator resign or die, or should the Employer and the
Contractor agree that the Adjudicator is not functioning in accordance
with the provisions of the Contract, a new Adjudicator shall be jointly
appointed by the Employer and the Contractor. In case of disagreement
between the Employer and the Contractor, within 30 days, the Adjudicator
shall be designated by the Appointing Authority designated in the PCC at
the request of either party, within 14 days of receipt of such request.
24. Procedure for
Disputes
24.1 If the Contractor believes that a decision taken by the Project Manager
was either outside the authority given to the Project Manager by the
Contract or that the decision was wrongly taken, the decision shall be
referred to the Adjudicator within 14 days of the notification of the Project
Managers decision.
24.2 The Adjudicator shall give a decision in writing within 28 days of receipt of
a notification of a dispute.
24.3 The Adjudicator shall be paid by the hour at the rate specified in the PCC,
together with reimbursable expenses of the types specified in the PCC, and
the cost shall be divided equally between the Employer and the
Contractor, whatever decision is reached by the Adjudicator. Either party
may refer a decision of the Adjudicator to an Arbitrator within 28 days of
the Adjudicators written decision. If neither party refers the dispute to
arbitration within the above 28 days, the Adjudicators decision shall be
final and binding.
24.4 The arbitration shall be conducted in accordance with the arbitration
procedures published by the institution named and in the place specified
in the PCC.
B. Time Control
25. Program
25.1 Within the time stated in the PCC, after the date of the Letter of
Acceptance, the Contractor shall submit to the Project Manager for
approval a Program showing the general methods, arrangements, order,
and timing for all the activities in the Works. In the case of a lump sum
contract, the activities in the Program shall be consistent with those in the
Activity Schedule.
25.2 An update of the Program shall be a program showing the actual progress
achieved on each activity and the effect of the progress achieved on the
timing of the remaining work, including any changes to the sequence of
the activities.
25.3 The Contractor shall submit to the Project Manager for approval an
updated Program at intervals no longer than the period stated in the PCC.
If the Contractor does not submit an updated Program within this period,
the Project Manager may withhold the amount stated in the PCC from the
next payment certificate and continue to withhold this amount until the
next payment after the date on which the overdue Program has been
submitted. In the case of a lump sum contract, the Contractor shall
provide an updated Activity Schedule within 14 days of being instructed to
by the Project Manager.
25.4 The Project Managers approval of the Program shall not alter the
Contractors obligations. The Contractor may revise the Program and
submit it to the Project Manager again at any time. A revised Program
shall show the effect of Variations and Compensation Events.
26. Extension of the

Intended
Completion Date
26.1 The Project Manager shall extend the Intended Completion Date if a
Compensation Event occurs or a Variation is issued which makes it
impossible for Completion to be achieved by the Intended Completion
Date without the Contractor taking steps to accelerate the remaining
work, which would cause the Contractor to incur additional cost.
26.2 The Project Manager shall decide whether and by how much to extend the
Intended Completion Date within 21 days of the Contractor asking the
Project Manager for a decision upon the effect of a Compensation Event
or Variation and submitting full supporting information. If the Contractor
has failed to give early warning of a delay or has failed to cooperate in
dealing with a delay, the delay by this failure shall not be considered in
assessing the new Intended Completion Date.
27. Acceleration
27.1 When the Employer wants the Contractor to finish before the Intended
Completion Date, the Project Manager shall obtain priced proposals for
achieving the necessary acceleration from the Contractor. If the Employer
accepts these proposals, the Intended Completion Date shall be adjusted
accordingly and confirmed by both the Employer and the Contractor.
27.2 If the Contractors priced proposals for an acceleration are accepted by
the Employer, they are incorporated in the Contract Price and treated as a
Variation.
28. Delays Ordered by
28.1 The Project Manager may instruct the Contractor to delay the start or
the Project
Manager
29. Management
Meetings
progress of any activity within the Works.
29.1 Either the Project Manager or the Contractor may require the other to
attend a management meeting. The business of a management meeting
shall be to review the plans for remaining work and to deal with matters
raised in accordance with the early warning procedure.
29.2 The Project Manager shall record the business of management meetings
and provide copies of the record to those attending the meeting and to
the Employer. The responsibility of the parties for actions to be taken shall
be decided by the Project Manager either at the management meeting or
after the management meeting and stated in writing to all who attended
the meeting.
30. Early Warning
30.1 The Contractor shall warn the Project Manager at the earliest opportunity
of specific likely future events or circumstances that may adversely affect
the quality of the work, increase the Contract Price, or delay the execution
of the Works. The Project Manager may require the Contractor to provide
an estimate of the expected effect of the future event or circumstance on
the Contract Price and Completion Date. The estimate shall be provided
by the Contractor as soon as reasonably possible.
30.2 The Contractor shall cooperate with the Project Manager in making and
considering proposals for how the effect of such an event or circumstance
can be avoided or reduced by anyone involved in the work and in carrying
out any resulting instruction of the Project Manager.
C. Quality Control
31. Identifying Defects
31.1 The Project Manager shall check the Contractors work and notify the
Contractor of any Defects that are found. Such checking shall not affect
the Contractors responsibilities. The Project Manager may instruct the
Contractor to search for a Defect and to uncover and test any work that
the Project Manager considers may have a Defect.
32. Tests
32.1 If the Project Manager instructs the Contractor to carry out a test not
specified in the Specification to check whether any work has a Defect and
the test shows that it does, the Contractor shall pay for the test and any
samples. If there is no Defect, the test shall be a Compensation Event.
33. Correction of
Defects
33.1 The Project Manager shall give notice to the Contractor of any Defects
before the end of the Defects Liability Period, which begins at Completion,
and is defined in the PCC. The Defects Liability Period shall be extended for
as long as Defects remain to be corrected.
33.2 Every time notice of a Defect is given, the Contractor shall correct the
notified Defect within the length of time specified by the Project
Managers notice.
34. Uncorrected
Defects
34.1 If the Contractor has not corrected a Defect within the time specified in
the Project Managers notice, the Project Manager shall assess the cost of
having the Defect corrected, and the Contractor shall pay this amount.
D. Cost Control
35. Contract Price
35.1 In the case of an admeasurement contract, the Bill of Quantities shall

contain priced items for the Works to be performed by the Contractor.
The Bill of Quantities is used to calculate the Contract Price. The
Contractor will be paid for the quantity of the work accomplished at the
rate in the Bill of Quantities for each item.
35.2 In the case of a lump sum contract, the Activity Schedule shall contain the
priced activities for the Works to be performed by the Contractor. The
Activity Schedule is used to monitor and control the performance of
activities on which basis the Contractor will be paid. If payment for
Materials on Site shall be made separately, the Contractor shall show
delivery of Materials to the Site separately on the Activity Schedule.
36. Changes in the

Contract Price
36.1 In the case of an admeasurement contract:

(a)
If the final quantity of the work done differs from the quantity in the
Bill of Quantities for the particular item by more than 25 percent,
provided the change exceeds 1 percent of the Initial Contract Price,
the Project Manager shall adjust the rate to allow for the change.
(b)
The Project Manager shall not adjust rates from changes in

quantities if thereby the Initial Contract Price is exceeded by more
than 15 percent, except with the prior approval of the Employer.
(c)
If requested by the Project Manager, the Contractor shall provide

the Project Manager with a detailed cost breakdown of any rate in
the Bill of Quantities.
36.2 In the case of a lump sum contract, the Activity Schedule shall be amended
by the Contractor to accommodate changes of Program or method of
working made at the Contractors own discretion. Prices in the Activity
Schedule shall not be altered when the Contractor makes such changes to
the Activity Schedule.
37. Variations
37.1 All Variations shall be included in updated Programs, and, in the case of a
lump sum contract, also in the Activity Schedule, produced by the
Contractor.
37.2 The Contractor shall provide the Project Manager with a quotation for
carrying out the Variation when requested to do so by the Project
Manager. The Project Manager shall assess the quotation, which shall be
given within seven (7) days of the request or within any longer period
stated by the Project Manager and before the Variation is ordered.
37.3 If the Contractors quotation is unreasonable, the Project Manager may
order the Variation and make a change to the Contract Price, which shall
be based on the Project Managers own forecast of the effects of the
Variation on the Contractors costs.
37.4 If the Project Manager decides that the urgency of varying the work would
prevent a quotation being given and considered without delaying the
work, no quotation shall be given and the Variation shall be treated as a
Compensation Event.
37.5 The Contractor shall not be entitled to additional payment for costs that
could have been avoided by giving early warning.
37.6 In the case of an admeasurement contract, if the work in the Variation
corresponds to an item description in the Bill of Quantities and if, in the
opinion of the Project Manager, the quantity of work above the limit
stated in Sub-Clause 38.1 or the timing of its execution do not cause the
cost per unit of quantity to change, the rate in the Bill of Quantities shall
be used to calculate the value of the Variation. If the cost per unit of
quantity changes, or if the nature or timing of the work in the Variation
does not correspond with items in the Bill of Quantities, the quotation by
the Contractor shall be in the form of new rates for the relevant items of
work.
38. Cash Flow
Forecasts
38.1 When the Program, or, in the case of a lump sum contract, the Activity
Schedule, is updated, the Contractor shall provide the Project Manager
with an updated cash flow forecast. The cash flow forecast shall include
different currencies, as defined in the Contract, converted as necessary
using the Contract exchange rates.
39. Payment
Certificates
39.1 The Contractor shall submit to the Project Manager monthly statements of
the estimated value of the work executed less the cumulative amount
certified previously.
39.2 The Project Manager shall check the Contractors monthly statement and
certify the amount to be paid to the Contractor.
39.3 The value of work executed shall be determined by the Project Manager.
39.4 The value of work executed shall comprise:
(a)
In the case of an admeasurement contract, the value of the

quantities of work in the Bill of Quantities that have been
completed; or
(b)
In the case of a lump sum contract, the value of work executed shall
comprise the value of completed activities in the Activity Schedule.
39.5 The value of work executed shall include the valuation of Variations and
Compensation Events.
39.6 The Project Manager may exclude any item certified in a previous
certificate or reduce the proportion of any item previously certified in any
certificate in the light of later information.
40. Payments
40.1 Payments shall be adjusted for deductions for advance payments and
retention. The Employer shall pay the Contractor the amounts certified by
the Project Manager within 28 days of the date of each certificate. If the
Employer makes a late payment, the Contractor shall be paid interest on
the late payment in the next payment. Interest shall be calculated from
the date by which the payment should have been made up to the date
when the late payment is made at the prevailing rate of interest for
commercial borrowing for each of the currencies in which payments are

made.
40.2 If an amount certified is increased in a later certificate or as a result of an
award by the Adjudicator or an Arbitrator, the Contractor shall be paid
interest upon the delayed payment as set out in this clause. Interest shall
be calculated from the date upon which the increased amount would have
been certified in the absence of dispute.
40.3 Unless otherwise stated, all payments and deductions shall be paid or
charged in the proportions of currencies comprising the Contract Price.
40.4 Items of the Works for which no rate or price has been entered in shall not
be paid for by the Employer and shall be deemed covered by other rates
and prices in the Contract.
41. Compensation
Events
41.1 The following shall be Compensation Events: (a)
The Employer does not give access to a part of the Site by the Site
Possession Date pursuant to GCC Sub-Clause 20.1.
(b)
The Employer modifies the Schedule of Other Contractors in a way

that affects the work of the Contractor under the Contract.
(c)
The Project Manager orders a delay or does not issue Drawings,

Specifications, or instructions required for execution of the Works
on time.
(d)
The Project Manager instructs the Contractor to uncover or to carry

out additional tests upon work, which is then found to have no
Defects.
(e)
The Project Manager unreasonably does not approve a subcontract

to be let.
(f)
Ground conditions are substantially more adverse than could

reasonably have been assumed before issuance of the Letter of
Acceptance from the information issued to bidders (including the
Site Investigation Reports), from information available publicly and
from a visual inspection of the Site.
(g)
The Project Manager gives an instruction for dealing with an

unforeseen condition, caused by the Employer, or additional work
required for safety or other reasons.
(h)
Other contractors, public authorities, utilities, or the Employer does

not work within the dates and other constraints stated in the
Contract, and they cause delay or extra cost to the Contractor.
(i)
The advance payment is delayed.
(j)
The effects on the Contractor of any of the Employers Risks.
(k)
The Project Manager unreasonably delays issuing a Certificate of
Completion.
41.2 If a Compensation Event would cause additional cost or would prevent the
work being completed before the Intended Completion Date, the Contract
Price shall be increased and/or the Intended Completion Date shall be
extended. The Project Manager shall decide whether and by how much
the Contract Price shall be increased and whether and by how much the
Intended Completion Date shall be extended.
41.3 As soon as information demonstrating the effect of each Compensation
Event upon the Contractors forecast cost has been provided by the
Contractor, it shall be assessed by the Project Manager, and the Contract
Price shall be adjusted accordingly. If the Contractors forecast is deemed
unreasonable, the Project Manager shall adjust the Contract Price based
on the Project Managers own forecast. The Project Manager shall assume
that the Contractor shall react competently and promptly to the event.
41.4 The Contractor shall not be entitled to compensation to the extent that
the Employers interests are adversely affected by the Contractors not
having given early warning or not having cooperated with the Project
Manager.
42. Tax
42.1 The Project Manager shall adjust the Contract Price if taxes, duties, and
other levies are changed between the date 28 days before the submission
of bids for the Contract and the date of the last Completion certificate.
The adjustment shall be the change in the amount of tax payable by the
Contractor, provided such changes are not already reflected in the
Contract Price or are a result of GCC Clause 44.
43. Currencies
43.1 Where payments are made in currencies other than the currency of the
Employers country specified in the PCC, the exchange rates used for
calculating the amounts to be paid shall be the exchange rates stated in
the Contractors Bid.
44. Price Adjustment
44.1 Prices shall be adjusted for fluctuations in the cost of inputs only if
provided for in the PCC. If so provided, the amounts certified in each
payment certificate, before deducting for Advance Payment, shall be
adjusted by applying the respective price adjustment factor to the
payment amounts due in each currency. A separate formula of the type
indicated below applies to each Contract currency:
Pc = Ac + Bc Imc/Ioc
where:
Pc is the adjustment factor for the portion of the Contract Price
payable in a specific currency c.
Ac and Bc are coefficients8 specified in the PCC, representing the

nonadjustable and adjustable portions, respectively, of the Contract
Price payable in that specific currency c; and
Imc is the index prevailing at the end of the month being invoiced and
Ioc is the index prevailing 28 days before Bid opening for inputs
payable; both in the specific currency c.
44.2 If the value of the index is changed after it has been used in a calculation,
the calculation shall be corrected and an adjustment made in the next
payment certificate. The index value shall be deemed to take account of
all changes in cost due to fluctuations in costs.
45. Retention
45.1 The Employer shall retain from each payment due to the Contractor the
proportion stated in the PCC until Completion of the whole of the Works.
45.2 Upon the issue of a Certificate of Completion of the Works by the Project
Manager, in accordance with GCC 51.1, half the total amount retained
shall be repaid to the Contractor and half when the Defects Liability Period
has passed and the Project Manager has certified that all Defects notified
by the Project Manager to the Contractor before the end of this period
have been corrected. The Contractor may substitute retention money with
an on demand bank guarantee.
46. Liquidated
Damages
46.1 The Contractor shall pay liquidated damages to the Employer at the rate
per day stated in the PCC for each day that the Completion Date is later
than the Intended Completion Date. The total amount of liquidated
damages shall not exceed the amount defined in the PCC. The Employer
may deduct liquidated damages from payments due to the Contractor.
Payment of liquidated damages shall not affect the Contractors liabilities.
46.2 If the Intended Completion Date is extended after liquidated damages
have been paid, the Project Manager shall correct any overpayment of
liquidated damages by the Contractor by adjusting the next payment
certificate. The Contractor shall be paid interest on the overpayment,
calculated from the date of payment to the date of repayment, at the
rates specified in GCC Sub-Clause 40.1.
47. Bonus
47.1 The Contractor shall be paid a Bonus calculated at the rate per calendar
day stated in the PCC for each day (less any days for which the Contractor
is paid for acceleration) that the Completion is earlier than the Intended
Completion Date. The Project Manager shall certify that the Works are
complete, although they may not be due to be complete.
48. Advance Payment
48.1 The Employer shall make advance payment to the Contractor of the
amounts stated in the PCC by the date stated in the PCC, against provision
by the Contractor of an Unconditional Bank Guarantee in a form and by an
The sum of the two coefficients Ac and Bc should be 1 (one) in the formula for each currency. Normally, both
coefficients shall be the same in the formulae for all currencies, since coefficient A, for the nonadjustable
portion of the payments, is a very approximate figure (usually 0.15) to take account of fixed cost elements or
other nonadjustable components. The sum of the adjustments for each currency are added to the Contract
Price. [To be transferred to the User Guide]
acceptable to the Employer in amounts and currencies equal to the

advance payment. The Guarantee shall remain effective until the advance
payment has been repaid, but the amount of the Guarantee shall be
progressively reduced by the amounts repaid by the Contractor. Interest
shall not be charged on the advance payment.
48.2 The Contractor is to use the advance payment only to pay for Equipment,
Plant, Materials, and mobilization expenses required specifically for
execution of the Contract. The Contractor shall demonstrate that advance
payment has been used in this way by supplying copies of invoices or other
documents to the Project Manager.
48.3 The advance payment shall be repaid by deducting proportionate amounts
from payments otherwise due to the Contractor, following the schedule of
completed percentages of the Works on a payment basis. No account
shall be taken of the advance payment or its repayment in assessing
valuations of work done, Variations, price adjustments, Compensation
Events, Bonuses, or Liquidated Damages.
49. Securities
49.1 The Performance Security shall be provided to the Employer no later than
the date specified in the Letter of Acceptance and shall be issued in an
amount specified in the PCC, by a bank or surety acceptable to the
Employer, and denominated in the types and proportions of the currencies
in which the Contract Price is payable. The Performance Security shall be
valid until a date 28 days from the date of issue of the Certificate of
Completion in the case of a Bank Guarantee, and until one year from the
date of issue of the Completion Certificate in the case of a Performance
Bond.
50. Dayworks
50.1 If applicable, the Dayworks rates in the Contractors Bid shall be used only
when the Project Manager has given written instructions in advance for
additional work to be paid for in that way.
50.2 All work to be paid for as Dayworks shall be recorded by the Contractor on
forms approved by the Project Manager. Each completed form shall be
verified and signed by the Project Manager within two days of the work
being done.
50.3 The Contractor shall be paid for Dayworks subject to obtaining signed
Dayworks forms.
51. Cost of Repairs
51.1 Loss or damage to the Works or Materials to be incorporated in the Works

between the Start Date and the end of the Defects Correction periods shall
be remedied by the Contractor at the Contractors cost if the loss or
damage arises from the Contractors acts or omissions.
E. Finishing the Contract
52. Completion
52.1 The Contractor shall request the Project Manager to issue a Certificate
of Completion of the Works, and the Project Manager shall do so upon
deciding that the whole of the Works is completed.
53. Taking Over
53.1 The Employer shall take over the Site and the Works within seven days
of the Project Managers issuing a certificate of Completion.

54. Final Account
54.1 The Contractor shall supply the Project Manager with a detailed account
of the total amount that the Contractor considers payable under the
Contract before the end of the Defects Liability Period. The Project
Manager shall issue a Defects Liability Certificate and certify any final
payment that is due to the Contractor within 56 days of receiving the
Contractors account if it is correct and complete. If it is not, the Project
Manager shall issue within 56 days a schedule that states the scope of
the corrections or additions that are necessary. If the Final Account is
still unsatisfactory after it has been resubmitted, the Project Manager
shall decide on the amount payable to the Contractor and issue a
payment certificate.
55. Operating and

Maintenance
Manuals
55.1 If as built Drawings and/or operating and maintenance manuals are

required, the Contractor shall supply them by the dates stated in the
PCC.
55.2 If the Contractor does not supply the Drawings and/or manuals by the
dates stated in the PCC pursuant to GCC Sub-Clause 55.1, or they do not
receive the Project Managers approval, the Project Manager shall
withhold the amount stated in the PCC from payments due to the
Contractor.
56. Termination
56.1 The Employer or the Contractor may terminate the Contract if the other
party causes a fundamental breach of the Contract.
56.2 Fundamental breaches of Contract shall include, but shall not be limited
to, the following:
(a)
the Contractor stops work for 28 days when no stoppage of work

is shown on the current Program and the stoppage has not been
authorized by the Project Manager;
(b)
the Project Manager instructs the Contractor to delay the progress

of the Works, and the instruction is not withdrawn within 28 days;
(c)
the Employer or the Contractor is made bankrupt or goes into

liquidation other than for a reconstruction or amalgamation;
(d)
a payment certified by the Project Manager is not paid by the

Employer to the Contractor within 84 days of the date of the
Project Managers certificate;
(e)
the Project Manager gives Notice that failure to correct a

particular Defect is a fundamental breach of Contract and the
Contractor fails to correct it within a reasonable period of time
determined by the Project Manager;
(f)
the Contractor does not maintain a Security, which is required;
(g)
the Contractor has delayed the completion of the Works by the

number of days for which the maximum amount of liquidated
damages can be paid, as defined in the PCC; or
(h)
If the Contractor, in the judgment of the Employer, has engaged in

corrupt or fraudulent practices in competing for or in executing
the Contract, pursuant to GCC Clause 57.1.
56.3 When either party to the Contract gives notice of a breach of Contract to
the Project Manager for a cause other than those listed under GCC SubClause 56.2 above, the Project Manager shall decide whether the breach
is fundamental or not.
56.4 Notwithstanding the above, the Employer may terminate the Contract
for convenience.
56.5 If the Contract is terminated, the Contractor shall stop work
immediately, make the Site safe and secure, and leave the Site as soon
as reasonably possible.
57. Fraud and
Corruption
57.1 If the Employer determines that the Contractor and/or any of its
personnel, or its agents, or its Subcontractors, subconsultants, services
providers, suppliers and/or their employees has engaged in corrupt,
fraudulent, collusive, coercive or obstructive practices, in competing for
or in executing the Contract, then the Employer may, after giving 14
days notice to the Contractor, terminate the Contractor's employment
under the Contract and expel him from the Site, and the provisions of
Clause 56 shall apply as if such expulsion had been made under SubClause 56.5 [Termination by Employer].
57.2 Should any employee of the Contractor be determined to have engaged
in corrupt, fraudulent, collusive, coercive, or obstructive practice during
the execution of the Works, then that employee shall be removed in
accordance with Clause 9.
57.3 For the purposes of this Sub-Clause:
10
11
(i)
corrupt practice is the offering, giving, receiving or soliciting,

directly or indirectly, of anything of value to influence improperly
the actions of another party9;
(ii)
fraudulent practice is any act or omission, including a

misrepresentation, that knowingly or recklessly misleads, or
attempts to mislead, a party to obtain a financial or other benefit
or to avoid an obligation10;
(iii)
collusive practice is an arrangement between two or more

parties11 designed to achieve an improper purpose, including to
influence improperly the actions of another party;
Another party refers to a public official acting in relation to the procurement process or contract execution].
In this context, public official includes TMEA staff and employees of other organizations taking or
reviewing procurement decisions.
Party refers to a public official; the terms benefit and obligation relate to the procurement process or
contract execution; and the act or omission is intended to influence the procurement process or contract
execution.
Parties refers to participants in the procurement process (including public officials) attempting to establish bid
prices at artificial, non competitive levels.
(iv)
coercive practice is impairing or harming, or threatening to

impair or harm, directly or indirectly, any party or the property
of the party to influence improperly the actions of a party12;
(v)
obstructive practice is
(aa) deliberately destroying, falsifying, altering or concealing of
evidence material to the investigation or making false
statements to investigators in order to materially impede a
TMEA investigation into allegations of a corrupt,
fraudulent, coercive or collusive practice; and/or
threatening, harassing or intimidating any party to prevent
it from disclosing its knowledge of matters relevant to the
investigation or from pursuing the investigation; or
(bb) acts intended to materially impede the exercise of the
TMEAs inspection and audit rights provided for under SubClause 22.2.
58. Payment upon

Termination
58.1 If the Contract is terminated because of a fundamental breach of

Contract by the Contractor, the Project Manager shall issue a certificate
for the value of the work done and Materials ordered less advance
payments received up to the date of the issue of the certificate and less
the percentage to apply to the value of the work not completed, as
indicated in the PCC. Additional Liquidated Damages shall not apply. If
the total amount due to the Employer exceeds any payment due to the
Contractor, the difference shall be a debt payable to the Employer.
58.2 If the Contract is terminated for the Employers convenience or because
of a fundamental breach of Contract by the Employer, the Project
Manager shall issue a certificate for the value of the work done,
Materials ordered, the reasonable cost of removal of Equipment,
repatriation of the Contractors personnel employed solely on the
Works, and the Contractors costs of protecting and securing the Works,
and less advance payments received up to the date of the certificate.
59. Property
59.1 All Materials on the Site, Plant, Equipment, Temporary Works, and
Works shall be deemed to be the property of the Employer if the
Contract is terminated because of the Contractors default.
60. Release from

Performance
60.1 If the Contract is frustrated by the outbreak of war or by any other event
entirely outside the control of either the Employer or the Contractor, the
Project Manager shall certify that the Contract has been frustrated. The
Contractor shall make the Site safe and stop work as quickly as possible
after receiving this certificate and shall be paid for all work carried out
before receiving it and for any work carried out afterwards to which a
commitment was made.
12
Party refers to a participant in the procurement process or contract execution.
61. Suspension of
TMEA Funding or
Credit
61.1 In the event that the TMEA suspends the Funding or Credit to the
Employer, from which part of the payments to the Contractor are being
made:
(a) The Employer is obligated to notify the Contractor of such suspension
within 7 days of having received the TMEAs suspension notice.
(b) If the Contractor has not received sums due it within the 28 days for
payment provided for in Sub-Clause 40.1, the Contractor may
immediately issue a 14-day termination notice.
Section VIII - Particular Conditions of Contract
8-167
A. General
GCC 1.1 (d)
The financing institution is: TradeMark East Africa
GCC 1.1 (s)
The Client/Employer is: Kenya Ports Authority
GCC 1.1 (v)
The Intended Completion Date for the whole of the Works shall be: 12 months for both
Lot A and Lot B running concurrently
GCC 1.1 (z)
The Project Manager is:

The General Manager Infrastructure Development of Kenya Ports Authority. The Project
Manager shall delegates its duties and responsibilities to the Entity specified under GCC
5.1 below.
The Deputy Project Manager is: TBD from KPA Engineers
GCC 1.1 (aa)
The Site is located at: The G-Section within the Port of Mombasa
GCC 1.1 (dd)
The Start Date shall be immediately upon signing of contract but not later than 2 weeks
thereafter.
GCC 1.1 (hh)
The Works consist of:
GCC 2.2
Rehabilitation of the G-Section Container Yard (Lot A)

and Revetment Works on Lighter Quay (Lot B)
as shown on the Drawings
Sectional Completions are: Not Applicable
GCC 2.3(i)
GCC 3.1
The following documents also form part of the Contract:

a) Agreement;
b) Letter of Acceptance;
c) Contractors Bid;
d) Performance bond;
e) Advance payment guarantee;
f) Pre-contract clarification meeting minutes;
g) Particular Conditions of Contract;
h) General Conditions of Contract;
i) Specifications;
j) Drawings;
k) Bill of Quantities; and
l) Any other document listed by the Procuring Entity in the course of the tendering process.
The language of the contract is: English
The law that applies to the Contract is the law of: Kenya
GCC 5.1
The Project manager shall delegate any of his duties and responsibilities to INROS
8-168
LACKNER SE
in association with
H.P. Gauff Ingenieure
GCC 8.1
Schedule of other contractors: N/A
GCC 13.1
The minimum insurance amounts shall be:

(a)
For loss or damage to the Works, Plant and Materials: Contract Price plus 15%.
(b)
For loss or damage to Equipment: Full replacement cost.
(c)
For loss or damage to property (except the Works, Plant, Materials, and
Equipment) in connection with Contract: Full replacement cost.
(d)
for personal injury or death: (i)
Of the Contractors employees: as per Workmen Compensation Ordinance.
(ii)
of other people: USD 100,000 per occurrence with number of occurrences

unlimited.
GCC 14.1
Site Data are: refer to the drawings of the site provided
GCC 20.1
The Site Possession Date(s) shall be: one month after contract signing
GCC 23.1 &

GCC 23.2
GCC 24.3
Appointing Authority for the Adjudicator: Kenya Ports Authority
GCC 24.4
United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules:

Any dispute, controversy, or claim arising out of or relating to this Contract, or breach,
termination, or invalidity thereof, shall be settled by arbitration in accordance with the
UNCITRAL Arbitration Rules as at present in force.
Hourly rate and types of reimbursable expenses to be paid to the Adjudicator: to be

negotiated.
Institution whose arbitration procedures shall be used: Institution Of Chartered

Arbitrators of Kenya
The place of arbitration shall be: Nairobi, Kenya
B. Time Control
GCC 25.1
The Contractor shall submit for approval a Program for the Works within 14 working
days from the date of the Letter of Acceptance.
GCC 25.3
The period between Program updates is 21 working days.

The amount to be withheld for late submission of an updated Program is 10% of the
payment certificate value.
C. Quality Control
GCC 33.1
The Defects Liability Period is: 365 days or 1 calendar year whichever is longer.
8-169
D. Cost Control
GCC 43.1
The currency of the Employers country is: United States Dollars (USD $)
GCC 44.1
The Contract is not subject to price adjustment in accordance with GCC Clause 44, and
the following information regarding coefficients does not apply.
The coefficients for adjustment of prices are: Not Applicable
(a)
(b)
For currency [insert name of currency]:

(i)
[Insert percentage] percent non-adjustable element (coefficient A).
(ii)
[Insert percentage] percent adjustable element (coefficient B).
For currency [insert name of currency]:

(i)
[Insert percentage] percent non-adjustable element (coefficient A).
(ii)
[Insert percentage] percent adjustable element (coefficient B).
The Index I for local currency shall be [insert index]. Not Applicable
The Index I for the specified international currency shall be [insert index].
[These proxy indices shall be proposed by the Contractor, subject to acceptance by the
Employer]
The Index I for currencies other than the local currency and the specified international
currency shall be [insert index].
[These proxy indices shall be proposed by the Contractor, subject to acceptance by the
Employer.]
GCC 45.1
The proportion of payments retained is: 10%
GCC 46.1
The liquidated damages for the whole of the Works are one (1 %) percentage of the final
Contract Price per week. The maximum amount of liquidated damages for the whole of
the Works is ten (10%) percentage of the final Contract Price.
GCC 47.1
The Bonus for the whole of the Works is zero (0%) percentage of final Contract Price per
day. The maximum amount of Bonus for the whole of the Works is zero (0%) percentage
of the final Contract Price.
GCC 48.1
The Advance Payments shall be: twenty (20%) and shall be paid to the Contractor no
later than 60 days from submission date.
GCC 49.1
The Performance Security amount is 10% of contract value in these forms

(a)
First Demand Bank Guarantee

E. Finishing the Contract
GCC 55.1
The date by which operating and maintenance manuals are required shall be on
completion of works
8-170
The date by which as built drawings are required shall be on handover.

GCC 55.2
The amount to be withheld for failing to produce as built drawings and/or operating
and maintenance manuals by the date required in GCC 58.1 is five percent (5%) of
contract price.
GCC 56.2 (g)
The maximum number of days is: 5 weeks
GCC 58.1
The percentage to apply to the value of the work not completed, representing the
Employers additional cost for completing the Works, is ten (10%) percentage.
Section IX - Contract Forms
9-171
This Section contains forms which, once completed, will form part of the Contract. The forms for
Performance Security and Advance Payment Security, when required, shall only be completed by the
successful Bidder after contract award.
Table of Forms
Letter of Award ..........................................................................................................................................172
Contract Agreement ...................................................................................................................................173
Performance Security .................................................................................................................................175
Advance Payment Security .........................................................................................................................177
9-172
Letter of Award
[On letterhead paper of the Procuring Entity]

. . . . . . . [Date]. . . . . . .
To:
. . . . . . . . . . [Name and address of the Contractor] . . . . . . . . . .
Subject:
. . . . . . . . . . [Notification of Award Contract No]. . . . . . . . . . .
This is to notify you that your Bid dated . . . . [Insert date] . . . . For execution of the:
Civil Works for the Rehabilitation of the G-Section (Lot A)/Revetment Works on Lighter Quay (Lot B)
[Insert identification number, as given in the Appendix to Bid] . . . . . . . . . . for the Accepted Contract
Amount of the equivalent of . . . . . . . . . [Insert amount in numbers and words and name of currency],
as corrected and modified in accordance with the Instructions to Bidders is hereby accepted by our
Agency.
You are requested to furnish the Performance Security within 28 days in accordance with the
Conditions of Contract, using for that purpose the of the Performance Security Form included in
Section IX (Contract Forms) of the Bidding Document.
[Choose one of the following statements:]
We accept that __________________________ [insert the name of Adjudicator proposed by the
Bidder] be appointed as the Adjudicator.
[Or]
We do not accept that _______________________[insert the name of the Adjudicator proposed by
the Bidder] be appointed as the Adjudicator, and by sending a copy of this Letter of Acceptance to
________________________________________[insert name of the Appointing Authority], the
Appointing Authority, we are hereby requesting such Authority to appoint the Adjudicator in
accordance with ITB 42.1 and GCC 23.1.
Authorized Signature: .................................................................................................................................
Name and Title of Signatory: ......................................................................................................................
Name of Agency: ........................................................................................................................................

Attachment: Contract Agreement
9-173
Contract Agreement
THIS AGREEMENT made the . . . . . .day of . . . . . . . . . . . . . . . . ., . . . . . . ., between . . . . . [name of the

Employer]. . . . .. . . . . (Hereinafter the Employer), of the one part, and . . . . . [name of the
Contractor]. . . . .(hereinafter the Contractor), of the other part:
WHEREAS the Employer desires that the Works known as Civil Works for the Rehabilitation of the GSection Container Yard (Lot A)/ Revetment Works on Lighter Quay (Lot B ) should be executed by the
Contractor, and has accepted a Bid by the Contractor for the execution and completion of these
Works and the remedying of any defects therein,
Whereas the Employer and the Contractor agree that in case of the General Conditions of Contract
are not clear or specific on the role of the duties, responsibilities and decision powers of the Project
Manager, that of the Engineer as defined in the Conditions of Contract for Construction for Building
and Engineering works, edition 1999 by the International Federation of Consulting Engineers (FIDIC)
shall govern.
The Employer and the Contractor agree as follows:
1.
In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Contract documents referred to.
2.
The following documents shall be deemed to form and be read and construed as part of this
Agreement. This Agreement shall prevail over all other Contract documents.
(a) the Letter of Acceptance
(b) the Bid
(c) The Addenda Nos . . . . . [insert addenda numbers if any]. . . . .
(d) the Particular Conditions
(e) the General Conditions;
(f) the Specification
(g) the Drawings; and
(h) the completed Schedules,
3.
In consideration of the payments to be made by the Employer to the Contractor as

indicated in this Agreement, the Contractor hereby covenants with the Employer to
execute the Works and to remedy defects therein in conformity in all respects with the
provisions of the Contract.
4.
The Employer hereby covenants to pay the Contractor in consideration of the execution and
completion of the Works and the remedying of defects therein, the Contract Price or such
other sum as may become payable under the provisions of the Contract at the times and in
the manner prescribed by the Contract.
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with the laws of Kenya on the day, month and year indicated above.
Signed by:
for and on behalf of the Employer
in the
presence of:
Witness, Name, Signature, Address, Date
9-174
Signed by:
for and on behalf the Contractor
in the
presence of:
Witness, Name, Signature, Address, Date
9-175
Performance Security
[Banks Name, and Address of Issuing Branch or Office]
Beneficiary:
Westlands,
Nairobi,
KENYA.
Date: .........................................................................................................................................................
Performance Guarantee No.: ....................................................................................................................
We have been informed that . . . . . [name of the Contractor]. . . . . (Hereinafter called the Contractor)
has entered into Contract No. . . . . . [Reference number of the Contract] . . . . . dated . . . . . . . .with you,
for the execution of Civil Works for the Rehabilitation of the G-Section (Lot A)/Revetment Works on Lighter
Quay (Lot B) (hereinafter called the Contract).
Furthermore, we understand that, according to the conditions of the Contract, a performance guarantee
is required.
At the request of the Contractor, we . . . . . [name of the Bank]. . . . . hereby irrevocably undertake to pay
you any sum or sums not exceeding in total an amount of . . . . . . . . . [name of the currency and amount in
figures] 1. . . . . . (. . . . . [amount in words]. . . . . ) such sum being payable in the types and proportions of
currencies in which the Contract Price is payable, upon receipt by us of your first demand in writing
accompanied by a written statement stating that the Contractor is in breach of its obligation(s) under the
Contract, without your needing to prove or to show grounds for your demand or the sum specified
therein.
This guarantee shall expire, no later than the . . . . . Day of . . . . . . . . . . , . . . . . . 2, and any demand for
payment under it must be received by us at this office on or before that date.
This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No. 458, except
that subparagraph (ii) of Sub-article 20(a) is hereby excluded.
............................
[Seal of Bank and Signature(s)]
Note
All italicized text is for guidance on how to prepare this demand guarantee and shall be deleted from the
final document.
1
The Guarantor shall insert an amount representing the percentage of the Contract Price specified in
the Contract and denominated either in the currency (ies) of the Contract or a freely convertible currency
acceptable to the Employer.
2
Insert the date twenty-eight days after the expected completion date. The Employer should note that
in the event of an extension of the time for completion of the Contract, the Employer would need to
request an extension of this guarantee from the Guarantor. Such request must be in writing and must be
made prior to the expiration date established in the guarantee. In preparing this guarantee, the Employer
9-176
might consider adding the following text to the form, at the end of the penultimate paragraph: The
Guarantor agrees to a one-time extension of this guarantee for a period not to exceed [six months][one
year], in response to the Employers written request for such extension, such request to be presented to
the Guarantor before the expiry of the guarantee.
9-177
Advance Payment Security
[Banks Name, and Address of Issuing Branch or Office]

Beneficiary:
Westlands,
Nairobi,
KENYA.
Date: .........................................................................................................................................................
Advance Payment Guarantee No.: ............................................................................................................
We have been informed that . . . . . [name of the Contractor]. . . . . (hereinafter called the Contractor)
has entered into Contract No. . . . . . [reference number of the Contract]. . . . . dated . . . . . . . .with you, for
the execution of Civil Works for the Rehabilitation of the G-Section (Lot A)/Revetment Works on Lighter
Quay (Lot B) (hereinafter called the Contract).
Furthermore, we understand that, according to the Conditions of the Contract, an advance payment in
the sum . . . . . [name of the currency and amount in figures] 1. . . . . . (. . . . . [amount in words]. . . . . ) is to
be made against an advance payment guarantee.
At the request of the Contractor, we . . . . . [name of the Bank]. . . . . hereby irrevocably undertake to pay
you any sum or sums not exceeding in total an amount of . . . . . [name of the currency and amount in
figures]*. . . . . . (. . . . . [amount in words]. . . . . ) upon receipt by us of your first demand in writing
accompanied by a written statement stating that the Contractor is in breach of its obligation under the
Contract because the Contractor used the advance payment for purposes other than the costs of
mobilization in respect of the Works.
It is a condition for any claim and payment under this guarantee to be made that the advance payment
referred to above must have been received by the Contractor on its account number . . . . . [Contractors
account number]. . . . . at . . . . . [name and address of the Bank]. . . . . .
The maximum amount of this guarantee shall be progressively reduced by the amount of the advance
payment repaid by the Contractor as indicated in copies of interim statements or payment certificates
which shall be presented to us. This guarantee shall expire, at the latest, upon our receipt of a copy of
the interim payment certificate indicating that eighty (80) percent of the Contract Price has been certified
for payment, or on the . . . day of . . . . . . . , . . . . . 2, whichever is earlier. Consequently, any demand for
payment under this guarantee must be received by us at this office on or before that date.
This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No. 458.
. . . . . . . . . . . . . . [Seal of Bank and Signature(s)]. . . . . . . . . . . . . .
Note
All italicized text is for guidance on how to prepare this demand guarantee and shall be deleted from the
final document.
1 The Guarantor shall insert an amount representing the amount of the advance payment denominated
either in the currency(ies) of the advance payment as specified in the Contract, or in a freely convertible
currency acceptable to the Employer.
9-178
2 Insert the expected expiration date of the Time for Completion. The Employer should note that in the
event of an extension of the time for completion of the Contract, the Employer would need to request an
extension of this guarantee from the Guarantor. Such request must be in writing and must be made prior
to the expiration date established in the guarantee. In preparing this guarantee, the Employer might
consider adding the following text to the form, at the end of the penultimate paragraph: The Guarantor
agrees to a one-time extension of this guarantee for a period not to exceed [six months] [one year], in
response to the Employers written request for such extension, such request to be presented to the
Guarantor before the expiry of the guarantee.
9-179
CONFIDENTIALITY AGREEMENT
Note: This form shall be completed and submitted alongside the Qualification/Technical Bid
TMEA Background
TradeMark East Africa (TMEA) is a not-for-profit organization funded by a range of development agencies to
promote regional trade and prosperity in East Africa. Our vision is a united East Africa with flourishing trade,
strong investment and less poverty, and our mission is to promote rapid advances in East Africas
integration, trade and global competitiveness for all East Africans.
TMEA was founded in 2010, but became fully operational in 2011. TMEA has scaled up significantly in terms
of expenditure and personnel during this time. TMEA works closely with business and civil society
organizations, the East African Community (EAC), national governments. TMEA has its headquarters in
Nairobi with branches in Arusha, Bujumbura, Dar es Salaam, Juba, Kampala and Kigali. TMEA seeks to support
growth in East African trade through three strategic objectives:
Increased market access;
Enhanced trade environment; and
Improved business competitiveness.
Further information is available on the TMEA website www.trademarkea.com.
Confidentiality Agreement
It is understood and agreed to that the below identified discloser of confidential information may provide
certain information that is and must be kept confidential. To ensure the protection of such information, and
to preserve any confidentiality necessary under patent and/or trade secret laws, it is agreed that
1. The Confidential Information to be disclosed can be described as and includes:
Invention description(s), technical and business information relating to proprietary ideas and inventions,
ideas, patentable ideas, trade secrets, drawings and/or illustrations, patent searches, existing and/or
contemplated products and services, research and development, production, costs, profit and margin
information, finances and financial projections, customers, clients, marketing, and current or future business
plans and models, regardless of whether such information is designated as Confidential Information at the
time of its disclosure.
2. The Recipient agrees not to disclose the confidential information obtained from the discloser to anyone
unless required to do so by law.
3. This Agreement states the entire agreement between the parties concerning the disclosure of Confidential
Information. Any addition or modification to this Agreement must be made in writing and signed by the
parties.
9-180
4. If any of the provisions of this Agreement are found to be unenforceable, the remainder shall be enforced
as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent
required to permit enforcement of the Agreement as a whole.
WHEREFORE, the parties acknowledge that they have read and understand this Agreement and voluntarily
accept the duties and obligations set forth herein.
On behalf of Trademark East Africa:
On Behalf of the Service provider:
Name
Name:
Signature:
Signature:
Date:
Date:

PRQ20150620 Tender Document For G-Section

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BIDDING DOCUMENT

TENDER No.: PRQ20150620

FINANCED & PROCURED BY

TRADEMARK EAST AFRICA

4TH DECEMBER 2015

PART 1 Bidding Procedure .................................................................................................................... 1

INVITATION FOR BID (IFB) 16TH NOVEMBER 2015

Part 1 Bidding Procedures

Section I - Instructions to Bidders

PART 1 Bidding Procedure

Sections of Bidding Document ..........................................................................................................8

Cost of Bidding ................................................................................................................................10

Section I - Instructions to Bidders

Clarification of Bids .........................................................................................................................19

Award Criteria .................................................................................................................................24

Section I - Instructions to Bidders

Section I - Instructions to Bidders

Section I - Instructions to Bidders

corrupt practice is the offering, giving, receiving or

fraudulent practice is any act or omission, including a

Section I - Instructions to Bidders

other benefit or to avoid an obligation3;

collusive practice is an arrangement between two or

(iv) misleading/ False information this refers details (

coercive practice is impairing or harming, or

will reject a proposal for award if it determines that the bidder

will cancel the portion of the Funding allocated to a contract if

Section I - Instructions to Bidders

Beneficiary having taken timely and appropriate action

will sanction a firm or an individual, at any time, in accordance

4.1 A Bidder may be a private entity, or government-owned entity

Section I - Instructions to Bidders

(a) they have a controlling partner in common; or

(f) a Bidder or any of its affiliates participated as a consultant in the

4.5 A Bidder that has been sanctioned by the TMEA in accordance

4.6 Government-owned enterprises in the Employers country shall

4.7 Bidders shall provide such evidence of their continued eligibility

4.8 This bidding is open to all eligible Bidders.

Section I - Instructions to Bidders

prohibits commercial relations with that country, provided that the

(b) by an act of compliance with a decision of the United Nations

(c) By debarment by act of Public Procurement and Disposal Act,

5.1 The materials, equipment and services to be supplied under the

6.1 The Bidding Document consist of Parts 1, 2, and 3, which include

Section I - Instructions to Bidders

Section IX - Contract Forms and Confidentiality Agreement

6.3 The Procuring Entity is not responsible for the completeness of

6.4 The Bidder is expected to examine all instructions, forms, terms,

7.1 A prospective Bidder requiring any clarification of the Bidding

7.4 The Bidders designated representative is invited to attend a pre-

Section I - Instructions to Bidders

bid meeting, if provided for in the BDS. The purpose of the

7.5 The Bidder is requested, as far as possible, to submit any

7.6 Minutes of the pre-bid meeting, including the text of the

7.7 Non-attendance at the pre-bid meeting will not be a cause for

8.3 To give prospective Bidders reasonable time in which to take an

10. Language of Bid

10.1 The Bid, as well as all correspondence and documents relating to

Section I - Instructions to Bidders

specified in the BDS, in which case, for purposes of interpretation

11.1 Bidders are required to prepare and submit separate

11.2 The Qualification/Technical Bid comprises the Qualification

11.3 In addition to the requirements under ITB 11.2, bids submitted by