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FOR THE CIVIL WORKS FOR PROPOSED REHABILITATION OF THE G-SECTION (LOT A) AND REVETMENT
WORKS (LOT B)
BIDDING DOCUMENT
Table of Contents
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:
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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.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
D.
21.
22.
23.
24.
25.
26.
E.
27.
Confidentiality.................................................................................................................................19
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
F.
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39.
40.
41.
42.
43.
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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)
(ii)
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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(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)
(c)
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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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
4.2 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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(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
(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.
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5.
Eligible 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
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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6.2 The Invitation for Bids issued by the Procuring Entity is part of the
Bidding Document.
7.
Clarification
of
Bidding Document,
Site Visit, Pre-Bid
Meeting
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.
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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.
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.
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11. Documents
Comprising the Bid
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.
12.2 The Letter of Financial Bid shall accompany the Financial Bid in a
separate sealed envelope.
13.1 Unless otherwise indicated in the BDS, alternative bids shall not
be considered.
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
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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.
14.4 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.
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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.
16. Documents
Comprising the
Qualification
/Technical &
Financial Proposal
17. Documents
Establishing the
Qualifications of the
Bidder
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.
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c) In any case, bid evaluation shall be based on the bid price without
taking into consideration the applicable correction from those
indicated above.
19.1 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.
19.5 If a bid security is specified pursuant to ITB 19.1, the bid security
of unsuccessful Bidders shall be returned as promptly as possible
upon the successful Bidders furnishing of the performance
security pursuant to ITB 41.
19.6 If a bid security is specified pursuant to ITB 19.1, the bid security
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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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.
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.
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21.6 The Financial Bid shall also bear a warning Do Not Open with the
Technical Bid.
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.
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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.
23.1 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.
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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27. Confidentiality
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29. Deviations,
Reservations, and
Omissions
30. Determination of
Responsiveness
if accepted, would:
(i)
(ii)
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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.
31. Nonconformities,
Errors, and
Omissions
32. Correction of
Arithmetical Errors
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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
(b)
(c)
(b)
35. Qualification/
Technical Evaluation
of Bids
(ii)
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.
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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.
35.5 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.
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.
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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.
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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.
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.
42. Performance
Security
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2-27
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)
ITB 1 (f)
ITB 1 (i)
ITB 1 (m)
ITB 2.1
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)
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B. Bidding Documents
ITB 7.1
ITB 7.4
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C. Preparation of Bids
ITB 10.1
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
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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
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.
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
ITB 25.1
2-31
ITB 26
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
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
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.
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:
In addition to the criteria listed in ITB 35 the following criteria shall apply:
1.1
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.
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
Must meet
requirement
2.1.2 Conflict of
Interest
Must meet
requirement
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
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
Factor
2.2
3-35
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
Must meet
requirement
by itself or as
partner to
past or
existing JV
2.3
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
Single Entity
Must meet
requirement
N/A
Must meet
requirement
N/A
Must meet
requirement
Must meet
thirty percent
(30 %) of the
requirement
Must meet
sixty percent
(60 %) of the
requirement
2.3.3. Financial
Resources
Factor
3-37
Must meet
requirement
Must meet
requirement
Must meet
Thirty percent
(30 %) of the
requirement
Must meet
sixty percent
(60 %) of the
requirement
Criteria
Bidder
Sub-Factor
Requirement
Single Entity
2.4.1 General
Experience
Must meet
requirement
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(b)
References
3-39
Must be
substantially
satisfactory
Must be
substantially
satisfactory
Must be
substantially
satisfactory
Must be
substantially
satisfactory
3-41
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
Site Engineer
Electrician
Fitter
Welder
Foremen/ (1 No)
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
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
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.
4-43
Table of Forms
4-44
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
20
4-46
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:
4-47
Amount
currency
and
Purpose of commission or
gratuity
Dated this
Signature
day of
20
In the capacity of
4-48
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.
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.
4-50
4-51
BILLS OF QUANTITIES
These are Provided Separately in Excel Format for Lot A and Lot B
4-52
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
Designation:
Signature:
..
Date:
4-54
Technical Proposal
Technical Proposal Forms
Personnel
Equipment
Site Organization
Method Statement
Mobilization Schedule
Construction/Work Schedule
Others
4-55
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
Position*
Personnel
information
Name *
Date of birth
Professional qualifications
Present
employment
Name of Employer
Address of Employer
Telephone
Fax
Job title
Summarize professional experience in reverse chronological order. Indicate particular technical and
managerial experience relevant to the project.
From*
To*
4-57
Name of manufacturer
Capacity*
Year of manufacture*
Source
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
Fax
Telex
4-58
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
Articles of Incorporation or Registration of firm named in 1, above, in accordance with ITB SubClauses 4.1 and 4.2.
4-61
Date: ______________________
Bidding No.: ___________________
Invitation for Bid No.:_________
Page ________ of_ ______ pages
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
Date: _____________________
___________________
Bidding No.: __________________
Page _______ of _______ pages
______
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
Contract Identification
Total Assets
______
______
______
______
Contract Identification:
Name of Employer:
Address of Employer:
Matter in dispute:
Contract Identification:
Name of Employer:
Address 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$/month)
4-64
Date: _____________________
Bidding No.: __________________
Page _______ of _______ pages
Year 2
Year 3
Year
Year n
Avg.
Avg.
Ratio
Attached are copies of financial statements (balance sheets, including all related notes, and income
statements) for the years required above complying with the following conditions:
Must reflect the financial situation of the Bidder or partner to a JV, and not sister or parent
companies
4-65
Historic financial statements must be complete, including all notes to the financial statements
Historic financial statements must correspond to accounting periods already completed and
audited (no statements for partial periods shall be requested or accepted)
4-66
Year
*Average
Annual
Construction
Turnover
Date: _____________________
Bidding No.: ______________
Page _______ of _______ pages
US$ 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
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
Starting
Month /
Year
Ending
Month /
Year
______
______
______
______
______
______
______
______
______
______
______
______
Years*
Date: _____________________
Bidding No.: ________________
Page _______ of _______ pages
Contract Identification
Contract name:
Brief Description of the Works performed by the
Bidder:
Name of Employer:
Address:
Contract name:
Brief Description of the Works performed by the
Bidder:
Name of Employer:
Address:
Contract name:
Brief Description of the Works performed by the
Bidder:
Name of Employer:
Address:
Contract name:
Brief Description of the Works performed by the
Bidder:
Name of Employer:
Address:
Contract name:
Brief Description of the Works performed by the
Bidder:
Name of Employer:
Address:
Contract name:
Brief Description of the Works performed by the
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
Date: _____________________
Bidding No.: __________________
Page _______ of _______ pages
Information
Contract Identification
_______________________________________
Award date
Completion date
_______________________________________
_______________________________________
Role in Contract
Contractor
Management
Contractor
Subcontractor
____________________________
US$_________
_
__________%
US$_______
Employers Name:
_______________________________________
Address:
_______________________________________
_______________________________________
_______________________________________
_______________________________________
Telephone/fax number:
E-mail:
_____________
4-70
Information
Amount
_________________________________
Physical size
_________________________________
Complexity
_________________________________
Methods/Technology
_________________________________
_________________________________
4-71
Date: _____________________
Bidding No.: __________________
Page _______ of _______ pages
Information
Contract Identification
_______________________________________
Award date
Completion date
_______________________________________
_______________________________________
Role in Contract
Contractor
Management
Contractor
Subcontractor
_________________________
US$________
__________%
US$________
Employers Name:
_______________________________________
Address:
_______________________________________
_______________________________________
_______________________________________
_______________________________________
Telephone/fax number:
E-mail:
_____________
4-72
Information
Description of the key activities in accordance
with Sub-Factor 2.4.2b) of Section III
(Evaluation and Qualification Criteria):
5-73
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)
b)
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.
6-74
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
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).
6-76
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
SECTION 1 - GENERAL................................................................................................................................... 80
101
Location of Site and Extent of Works ....................................................................................... 80
102
103
104
105
108
109
Notice of Operations............................................................................................................... 83
119
120
121
124
126
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
140
143
144
145
146
Sieves ....................................................................................................................................... 96
207
Cement .................................................................................................................................... 96
226
228
509
6-78
510
Spoil Material........................................................................................................................... 98
511
517
SECTION 6 - QUARRIES, BORROW PITS, STOCKPILES AND SPOIL AREAS ...................................................... 100
601
General .................................................................................................................................. 100
605
607
611
612
613
614
1306
23.2
23.3
23.4
23.5
23.6
6-79
23.7
23.8
23.9
24.2
25.1
25.2
25.3
25.4
6-80
SECTION 1 - GENERAL
101
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.
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(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
Subgrade preparation.
Widening of the existing access road on the North Eastern side to dual carriageway.
Construction of a new ISS Gate on the North Eastern Side for entry and exit into the Port.
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
(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
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.
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121
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.
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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.
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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.
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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
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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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)
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)
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
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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
145.8
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Pesticides
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)
(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)
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)
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)
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.
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.
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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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204
SIEVES
Amend the following:-
207
(a)
(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
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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)
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
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
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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
607
611
6-101
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
6-102
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
614
6-103
6-104
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
/4/ EN ISO 9864 Geosynthetics - Test method for the determination of mass per unit area of geotextiles
and geotextile-related products
/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)
/9/ EN ISO 12956 Geotextiles and geotextile-related products - Determination of the characteristic
opening size
6-105
/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:
WUCL:
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:
D:
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
6-106
min. W50
30 kg
0.50 m
0.22 m
55 kg
0.62 m
0.27 m
5 kg
0.19 0.30 m
9 kg
0.20 0.40 m
For rock armour stones the following additional requirements shall apply:
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.
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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:
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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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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Thickness:
5.3 / 4.5 mm
min. 1,200 Nm
yes
0.09 mm
Water permeability:
1, 2 und 3
6-110
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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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
1306
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6-113
1704
6-114
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
completion of the Contract.
(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
completion of the Contract.
(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
completion of the Contract.
(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
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)
(ii)
(iii)
(iv)
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
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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
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(xii)
(xiii)
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
SSRN
002
003
Circuit Breakers
006
Electric motors
010, 011
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
054
Cables
074
Gate valves
501, 502
505
BF valves
506
Pressure gauges
507
23.10
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
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
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
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.
6-121
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:
-
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:
-
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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:
-
tachometer
Indicator lamps
overspeed
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6-124
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
IEC801.2, 801.3, and 801.5 for susceptibility, conducted, and radiated electromagnetic
emissions
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.
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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
Addition of one (1) circuit breaker panel to the existing 11 kV switchboard in 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
25.2
MV supply
11 kV
Frequency:
50 Hz
Voltage variation:
+10% ; - 6%
Frequency variation:
- 6% + 2%
To be confirmed from KP
25.3
6-128
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
-
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
-
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
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
800A Withdrawable Breaker Changeover with Mechanical and electrical Interlock and an
integrated bypass switch.
Surge Arrestor: 40 kA
IP: 44
Socket
o
Fuse 13 A, 12 kA
Surge Arrestor: 40 kA
6-131
Socket
o
Fuse 13 A, 12 kA
Surge Arrestor: 40 kA
IP: 44
Socket
Fuse 13 A, 12 kA
Ref Dwg No. MP-CL-02-a
Swinging gates
3 No
1 No
6-132
1 No
1 No
Swinging Gate
Structure
Dimensions
Treatment
Painting
Colour
Speed
Drive
Safety
b)
Magnetic contact
c)
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
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)
e)
f)
g)
Automatically set rotation speed according to the force applied on the turnstile.
h)
Torque setting
i)
j)
k)
Adjustable slow-down
Functional Specifications
a)
b)
c)
d)
e)
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)
o)
Free access.
p)
Locked.
Technical Specifications:
Features:
Bi-directional
6-134
Control Possibilities:
Materials:
Shock absorber:
Operating temperature:
-30C to +50C
Humidity:
Anti-corrosion treatment by
zinc plating, of thicknesses:
MCBF (Mean Cycle before
Failure)
Power supply:
Back-up Battery:
24VAC/DC, 2A
6-135
Structure:
Installation:
Response time:
Life Cycle
Galvanized:
Painting:
Programming
Detection
Working environment
Outdoor
Network Connection:
Alarms:
Audible signaling
Alarm Outputs:
Power Supply:
240 VAC/50 Hz
Galvanization
Standards Conformity:
Immunity
Security levels 1-5 NILEC J-0601.
Safety for pregnant women, for heart pacemakers implants
and for magnetic recording materials
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:
-
Surge Arrestor: 40 kA
IP: 56
Socket
Fuse 13 A, 12 kA
Monopoles, 30 m high: 3 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:
-
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
-
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:
-
Lamps
The lamps shall conform to the following specification:
-
600 W LED
(90,000 I.Lm)
1000 W LED
Capacitors
6-139
(130,000 I.Lm)
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]
7-143
7-144
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.
B. Time Control..........................................................................................................................................154
25.
26.
27.
28.
29.
30.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
1.1
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
The Contractor is the party whose Bid to carry out the Works has
been accepted by the Employer.
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(r)
(s)
(t)
(u)
(v)
(w)
(x)
(y)
(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)
(bb)
(cc)
(dd)
(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)
(gg)
(hh)
(ii)
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
2.3
Agreement,
(b)
Letter of Acceptance,
(c)
Contractors Bid,
(d)
(e)
(f)
Specifications,
(g)
Drawings,
(h)
(i)
3.1
The language of the Contract and the law governing the Contract are
stated in the PCC.
4. Project Managers
Decisions
4.1
In lump sum contracts, delete Bill of Quantities and replace with Activity Schedule.
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
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
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.
11.1 From the Start Date until the Defects Liability Certificate has been issued,
the following are Employers risks:
(a)
(b)
(ii)
(b)
an event occurring before the Completion Date, which was not itself
an Employers risk, or
(c)
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)
(b)
(c)
(d)
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
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.
17.1 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
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.
21.1 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.
26.1 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.
28.1 The Project Manager may instruct the Contractor to delay the start or
the Project
Manager
29. Management
Meetings
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.
30.1 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
31.1 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
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)
(c)
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)
(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
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)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
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.
44.1 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.
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.
48.1 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]
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.
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.
53.1 The Employer shall take over the Site and the Works within seven days
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.
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)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
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)
(ii)
(iii)
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)
(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.
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.
60.1 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
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.
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A. General
GCC 1.1 (d)
The Intended Completion Date for the whole of the Works shall be: 12 months for both
Lot A and Lot B running concurrently
The Site is located at: The G-Section within the Port of Mombasa
The Start Date shall be immediately upon signing of contract but not later than 2 weeks
thereafter.
GCC 2.2
GCC 2.3(i)
GCC 3.1
GCC 5.1
The Project manager shall delegate any of his duties and responsibilities to INROS
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LACKNER SE
in association with
H.P. Gauff Ingenieure
GCC 8.1
GCC 13.1
For loss or damage to the Works, Plant and Materials: Contract Price plus 15%.
(b)
(c)
For loss or damage to property (except the Works, Plant, Materials, and
Equipment) in connection with Contract: Full replacement cost.
(d)
(ii)
GCC 14.1
GCC 20.1
The Site Possession Date(s) shall be: one month after contract signing
GCC 24.4
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
GCC 33.1
The Defects Liability Period is: 365 days or 1 calendar year whichever is longer.
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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)
(ii)
(ii)
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
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
GCC 55.1
The date by which operating and maintenance manuals are required shall be on
completion of works
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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 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.
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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
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Letter of Award
Subject:
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.
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Contract Agreement
3.
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
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Signed by:
for and on behalf the Contractor
in the
presence of:
Witness, Name, Signature, Address, Date
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Performance Security
[Banks Name, and Address of Issuing Branch or Office]
Beneficiary:
TradeMark East Africa,
Equatorial Fidelity Centre,
2nd Floor, Waiyaki Way,
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
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.
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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.
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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.
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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.
Name
Name:
Signature:
Signature:
Date:
Date: