PRQ20150620 Tender Document for G-Section

BIDDING DOCUMENT

FOR THE CIVIL WORKS FOR PROPOSED REHABILITATION OF THE G-SECTION (LOT A) AND REVETMENT WORKS (LOT B)

TENDER No.: PRQ20150620

FINANCED & PROCURED BY

TRADEMARK EAST AFRICA

4TH DECEMBER 2015

BIDDING DOCUMENT

Table of Contents

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

Section I - Instructions to Bidders ............................................................................................................... 1 Section II - Bid Data Sheets ....................................................................................................................... 27 Section III - Evaluation and Qualification Criteria...................................................................................... 32 Section IV – Bid Submission Forms ........................................................................................................... 43 Section V - Eligible Countries .................................................................................................................... 73

PART 2 – Employer’s Requirements ....................................................................................................... 74

Section VI - Employer’s Requirements ...................................................................................................... 74

PART 3 – Conditions of Contract and Contract Forms .......................................................................... 143

Section VII - General Conditions of Contract .......................................................................................... 144 Section VIII - Particular Conditions of Contract ....................................................................................... 167 Section IX - Contract Forms .................................................................................................................... 171

INVITATION FOR BID (IFB) 16TH NOVEMBER 2015 PROPOSED CIVIL WORKS FOR THE REHABILITATION OF THE G-SECTION CONTAINER YARD: TENDER No.: PRQ20150620 1. The Kenya Ports Authority (“Client”) has been allocated grant funds (the “Grant”) from the

TradeMark East Africa which are administered by TradeMark East Africa (the “Financier”) and executed by the Kenya Ports Authority (“the Implementing Agency”). The Financier intends to apply the funds to eligible payments under the contract for which this Request for Proposals is issued.

2. TradeMark East Africa now invites sealed bids (“Bids”) from eligible entities (“Bidders”) to provide the Civil works for the Rehabilitation of the G-Section (Lot A) and Revetment Works on Lighter Quay (Lot B) referenced above (the “Works”). A Bidder will be selected under the competitive bidding procedures described in the bidding documents associated with this IFB (the “Bidding Documents”). Bidders are advised that these procedures are governed by TradeMark East Africa Procurement Guidelines as contained in TMEA procurement and Grants Manual. It is a Bidder’s 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:

http://www.trademarkea.com/

Part 1 – Bidding Procedures Section I – Instructions to Bidders (ITB)

Section II – Bid Data Sheet (BDS) Section III – Evaluation and Qualification Criteria

Section IV – Bidding Forms and BOQ Section V – Eligible Countries Part 2 – Employers Requirements Section VI – Specifications and Drawings Part 3 – Conditions of Contract and Contract Forms Section VII – General Conditions of Contract (GCC) Section VIII – Particular Conditions of Contract (PCC) Section IX – Contract Forms and Confidentiality Agreement

13. Please inform us in writing at the following address upon receipt/ access: -

a) That you received/ accessed this IFB. b) Whether you will submit a Bid.

TradeMark East Africa

Procurement Director

[email protected]

NOTE TO THE BIDDERS:

Bidders must read the instructions to bidders (ITB) together with the bid data sheet (BDS). The BDS complements, supplements, or amends the provisions in the Instructions to Bidders (ITB). Whenever there is a conflict, the provisions in the Bid Data Sheet (BDS) shall prevail over those in the ITB.

mailto:[email protected]

Section I - Instructions to Bidders 1-1

PART 1 – Bidding Procedure

Section I - Instructions to Bidders

Table of Clauses

A. General ...................................................................................................................................... 3

1. Scope of Bid ...................................................................................................................................... 3 2. Source of Funds ................................................................................................................................ 4 3. Fraud and Corruption ....................................................................................................................... 4 4. Eligible Bidders .................................................................................................................................. 6 5. Eligible Materials, Equipment and Services ...................................................................................... 8

B. Contents of Bidding Document ................................................................................................... 8

6. Sections of Bidding Document .......................................................................................................... 8 7. Clarification of Bidding Document, Site Visit, Pre-Bid Meeting ......................................................... 9 8. Amendment of Bidding Document ................................................................................................. 10

C. Preparation of Bids ................................................................................................................... 10

9. Cost of Bidding ................................................................................................................................ 10 10. Language of Bid .............................................................................................................................. 10 11. Documents Comprising the Bid ...................................................................................................... 11 12. Letter of bid (Qualification Technical & Financial) .......................................................................... 11 13. Alternative Bids ............................................................................................................................... 11 14. Bid Prices and Discounts ................................................................................................................. 12 15. Currencies of Bid and Payment ....................................................................................................... 13 16. Documents Comprising the Qualification /Technical & Financial Proposal ................................... 13 17. Documents Establishing the Qualifications of the Bidder ............................................................... 13 18. Period of Validity of Bids ................................................................................................................. 13 19. Bid Security ..................................................................................................................................... 14 20. Format and Signing of Bid ............................................................................................................... 15

D. Submission and Opening of Bids ............................................................................................... 15

21. Sealing and Marking of Bids ............................................................................................................ 15 22. Deadline for Submission of Bids...................................................................................................... 17 23. Late Bids.......................................................................................................................................... 17 24. Withdrawal, Substitution, and Modification of Bids ....................................................................... 17 25. Technical Bid Opening .................................................................................................................... 17 26. Financial Bid Opening ..................................................................................................................... 18

E. Evaluation and Comparison of Bids .......................................................................................... 18

27. Confidentiality................................................................................................................................. 19


28. Clarification of Bids ......................................................................................................................... 19 29. Deviations, Reservations, and Omissions ........................................................................................ 19 30. Determination of Responsiveness .................................................................................................. 19 31. Nonconformities, Errors, and Omissions ........................................................................................ 20 32. Correction of Arithmetical Errors .................................................................................................... 20 33. Conversion to Single Currency ........................................................................................................ 21 34. Margin of Preference ...................................................................................................................... 21 35. Qualification/ Technical Evaluation of Bids ..................................................................................... 21 36. Evaluation of Financial Bids ............................................................................................................ 22 37. Comparison of Bids ......................................................................................................................... 23 38. Employer’s Right to Accept Any Bid, and to Reject Any or All Bids ................................................. 24

F. Award of Contract .................................................................................................................... 24

39. Award Criteria ................................................................................................................................. 24 40. Notification of Award ...................................................................................................................... 24 41. Signing of Contract.......................................................................................................................... 25 42. Performance Security ..................................................................................................................... 25 43. Adjudicator ..................................................................................................................................... 25


Section I - Instructions to Bidders

A. General

1. Scope of Bid The Financier, as indicated in the BDS, issues this Bidding Document for the procurement of the Works as specified in Section 6 (Financier’s 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 TMEA’s 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 Client’s 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 Client’s 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


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 Financer’s 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. Source of Funds 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. Fraud and Corruption

3.1 It is the TMEA’s 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 TMEA-financed contracts, observe the highest standard of ethics during the procurement and execution of such contracts.1 In pursuance of this policy, the TMEA: -

(a) defines, for the purposes of this provision, the terms set forth below as follows:

(i) “corrupt practice” is the offering, giving, receiving or soliciting, directly or indirectly, of anything of value to influence improperly the actions of another party2;

(ii) “fraudulent practice” is any act or omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or

1 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. 2 “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.


other benefit or to avoid an obligation3;

(iii) “collusive practice” is an arrangement between two or more parties4 designed to achieve an improper purpose, including to influence improperly the actions of another party

(iv) “misleading/ False information” this refers details ( information) submitted by bidders under this tendering process that is established to the a reasonable extent to be inaccurate

(v) “coercive practice” is impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly the actions of a party5;

(vI) "obstructive practice" is

(aa) deliberately destroying, falsifying, altering or concealing of evidence material to the investigation or making false statements to investigators in order to materially impede a TMEA investigation into allegations of a corrupt, fraudulent, coercive or collusive practice; and/or threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation; or

(bb) acts intended to materially impede the exercise of the TMEA’s inspection and audit rights provided for under sub-clause 3.1 (e) below.

(b) will reject a proposal for award if it determines that the bidder recommended for award has, directly or through an agent, engaged in corrupt, fraudulent, collusive, coercive or obstructive practices in competing for the contract in question;

(c) will cancel the portion of the Funding allocated to a contract if it determines at any time that representatives of the Beneficiary or of a beneficiary of the Funding engaged in corrupt, fraudulent, collusive, or coercive practices during the procurement or the execution of that contract, without the

3 “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. 4 “Parties” refers to participants in the procurement process (including public officials) attempting to establish bid

prices at artificial, non competitive levels. 5 “Party” refers to a participant in the procurement process or contract execution.


Beneficiary having taken timely and appropriate action satisfactory to the TMEA to remedy the situation; and

(d) will sanction a firm or an individual, at any time, in accordance with prevailing TMEA’s sanctions proceduresa, including by publicly declaring such firm or individual ineligible, either indefinitely or for a stated period of time: (i) to be awarded a TMEA-financed contract; and (ii) to be a nominatedb sub-contractor, consultant, manufacturer or supplier, or service provider of an otherwise eligible firm being awarded a TMEA-financed contract

3.2 In further pursuance of this policy, Bidders shall permit the TMEA to inspect any accounts and records and other documents relating to the Bid submission and contract performance, and to have them audited by auditors appointed by the TMEA.

3.3 Furthermore, bidders shall be aware of the provision stated in GCC Sub-Clauses 22.2 and 56.2 (h).

4. Eligible Bidders 4.1 A Bidder may be a private entity, or government-owned entity—subject to ITB 4.6—or any combination of them in the form of a joint venture, under an existing agreement, or with the intent to constitute a legally-enforceable joint venture.

4.2 Unless otherwise stated in the BDS, all partners shall be jointly and severally liable for the execution of the Contract in accordance with the Contract terms.

4.3 A Bidder, and all parties constituting the Bidder, shall have the nationality of an eligible country, in accordance with Section 5 (Eligible Countries). A Bidder shall be deemed to have the nationality of a country if the Bidder is a citizen or is constituted, or incorporated, and operates in conformity with the provisions of the laws of that country. This criterion shall also apply to the determination of the nationality of proposed subcontractors or suppliers for any part of the Contract including related services.

4.4 A Bidder shall not have a conflict of interest. All Bidders found to have a conflict of interest shall be automatically disqualified. A Bidder may be considered to have a conflict of interest with one or more parties in this bidding process, if: -

a A firm or an individual may be declared ineligible to be awarded a TMEA-financed contract upon completion of the

TMEA’s 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. b 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 pre-

qualification application or bid because it brings specific and critical experience and know-how that are accounted

for in the evaluation of the bidder’s pre-qualification application or the bid; or (ii) appointed by the Beneficiary.


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

(b) they receive or have received any direct or indirect subsidy from any of them; or

(c) they have the same legal representative for purposes of this bid; or

(d) they have a relationship with each other, directly or through common third parties, that puts them in a position to have access to information about or influence on the Bid of another Bidder, or influence the decisions of the Procuring Entity regarding this bidding process; or

(e) a Bidder participates in more than one bid in this bidding process. Participation by a Bidder in more than one Bid will result in the disqualification of all Bids in which the party is involved. However, this does not limit the inclusion of the same subcontractor in more than one bid; or

(f) a Bidder or any of its affiliates participated as a consultant in the preparation of the design or technical specifications of the contract that is the subject of the Bid; or

(g) a Bidder, or any of its affiliates has been hired (or is proposed to be hired) by the Procuring Entity or Beneficiary as Engineer for the contract.

4.5 A Bidder that has been sanctioned by the TMEA in accordance with the above ITB 3.1 (d), or in accordance with the TMEA's Guidelines on Preventing and Combating Corruption in Projects, shall be ineligible to be awarded a TMEA-financed contract, or benefit from a TMEA-financed contract, financially or otherwise, during such period of time as the TMEA shall determine.

4.6 Government-owned enterprises in the Employer’s country shall be eligible only if they can establish and demonstrate that they are legally and financially autonomous and operate under commercial law, and that they are not a dependent agency of the Recipient.

4.7 Bidders shall provide such evidence of their continued eligibility satisfactory to the Procuring Entity, as the Procuring Entity shall reasonably request.

4.8 This bidding is open to all eligible Bidders.

Firms shall be excluded if: -

(a) as a matter of law or official regulation, the Beneficiary’s country


prohibits commercial relations with that country, provided that the TMEA is satisfied that such exclusion does not preclude effective competition for the supply of goods or related services required; or

(b) by an act of compliance with a decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations, the Beneficiary’s country prohibits any import of goods or contracting of works or services from that country or any payments to persons or entities in that country.

(c) By debarment by act of Public Procurement and Disposal Act, Kenya, World Bank, TMEA development funders or is under demonstrable litigation by a court of law.

5. Eligible Materials, Equipment and Services

5.1 The materials, equipment and services to be supplied under the Contract shall have their origin in eligible source countries as defined in ITB 4.3 above and all expenditures under the Contract will be limited to such materials, equipment, and services. At the Procuring Entity’s request, Bidders may be required to provide evidence of the origin of materials, equipment and services.

5.2 For purposes of ITB 5.1 above, “origin” means the place where the materials and equipment are mined, grown, produced or manufactured, and from which the services are provided. Materials and equipment are produced when, through manufacturing, processing, or substantial or major assembling of components, a commercially recognized product results that differs substantially in its basic characteristics or in purpose or utility from its components.

B. Contents of Bidding Document

6. Sections of Bidding Document

6.1 The Bidding Document consist of Parts 1, 2, and 3, which include all the Sections indicated below, and should be read in conjunction with any Addenda issued in accordance with ITB 8.

PART 1 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

PART 2 Employer’s Requirements Section VI - Works Requirements (or Employers

Requirements/ specifications) and Drawings

PART 3 Conditions of Contract and Contract Forms Section VII - General Conditions of Contract (GCC) Section VIII - Particular Conditions of Contract (PCC)


Section IX - Contract Forms and Confidentiality Agreement

6.2 The Invitation for Bids issued by the Procuring Entity is part of the Bidding Document.

6.3 The Procuring Entity is not responsible for the completeness of the Bidding Document and their Addenda, if they were not obtained directly from the source stated by the Procuring Entity in the Invitation for Bids.

6.4 The Bidder is expected to examine all instructions, forms, terms, and specifications in the Bidding Document. Failure to furnish all information or documentation required by the Bidding Document may result in the bid being declared unresponsive or bid rejection.

7. Clarification of Bidding Document, Site Visit, Pre-Bid Meeting

7.1 A prospective Bidder requiring any clarification of the Bidding Document shall contact the Procuring Entity in writing at the Procuring Entity’s address indicated in the BDS or raise his inquiries during the pre-bid meeting if provided for in accordance with ITB 7.4. The Procuring Entity will respond in writing to any request for clarification, provided that such request is received prior to the deadline for submission of bids, within a period given in the BDS. The Procuring Entity shall upload copies of response on its website (www.trademarkea.com ) for all prospective Bidders who have acquired the Bidding Document in accordance with ITB 6.3, including a description of the inquiry but without identifying its source to access and incorporate the same in its bid preparation. Should the Procuring Entity deem it necessary to amend the Bidding Document as a result of a request for clarification, it shall do so following the procedure under ITB 8 and ITB 22.2.

7.2 The Bidder is encouraged to visit and examine the Site of Works and its surroundings and obtain for itself, at its own risk and responsibility, all information that may be necessary for preparing the bid and entering into a contract for construction of the Works. The costs of visiting the Site shall be at the Bidder’s own expense.

7.3 The Bidder and any of its personnel or agents will be granted permission by the Procuring Entity to enter the Beneficiary’s premises and lands for the purpose of such visit, but only upon the express condition that the Bidder, its personnel, and agents will release and indemnify the Procuring Entity, Beneficiary and its personnel and agents from and against all liability in respect thereof, and will be responsible for death or personal injury, loss of or damage to property, and any other loss, damage, costs, and expenses incurred as a result of the inspection.

7.4 The Bidder’s designated representative is invited to attend a pre-



bid meeting, if provided for in the BDS. The purpose of the meeting will be to clarify issues and to answer questions on any matter that may be raised at that stage.

7.5 The Bidder is requested, as far as possible, to submit any questions in writing, to reach the Procuring Entity not later than five calendar days before the pre- bid meeting.

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

7.7 Non-attendance at the pre-bid meeting will not be a cause for disqualification of a Bidder.

8. Amendment of Bidding Document

8.1 At any time prior to the deadline for submission of bids, the Procuring Entity may amend the Bidding Document by issuing addenda.

8.2 Any addendum issued shall be part of the Bidding Document and shall be communicated in writing to all who have obtained the Bidding Document from the Procuring Entity in accordance with ITB 6.3.

8.3 To give prospective Bidders reasonable time in which to take an addendum into account in preparing their bids, the Procuring Entity may, at its discretion, extend the deadline for the submission of bids, pursuant to ITB 22.2.

C. Preparation of Bids

9. Cost of Bidding 9.1 The Bidder shall bear all costs associated with the preparation and submission of its Bid, and the Procuring Entity and Beneficiary shall in no case be responsible or liable for those costs, regardless of the conduct or outcome of the bidding process.

10. Language of Bid 10.1 The Bid, as well as all correspondence and documents relating to the bid exchanged by the Bidder and the Procuring Entity, shall be written in the language specified in the BDS. Supporting documents and printed literature that are part of the Bid may be in another language provided they are accompanied by an accurate translation of the relevant passages in the language


specified in the BDS, in which case, for purposes of interpretation of the Bid, such translation shall govern.

11. Documents Comprising the Bid

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

11.2 The Qualification/Technical Bid comprises the Qualification Criteria as set out in the completed Forms including documents as set out in Section IV and a Technical Proposal which comprises of the details on the completed Forms and Documentation contained within Section IV.

11.3 In addition to the requirements under ITB 11.2, bids submitted by a JVA shall include a copy of the Joint Venture Agreement entered into by all partners Or a letter of intent to form a joint venture.

11.4 The Financial Bid shall comprise: -

a. The Letter of Financial Bid.

b. Full Bill of Quantities prepared using the relevant forms furnished in Section IV. The forms must be completed without any alterations to the text, and no substitutes shall be accepted except as provided under ITB 20.2. All blank spaces shall be filled in with the information requested.

12. Letter of bid (Qualification Technical & Financial)

12.1 A Qualification letter shall be included in the Qualification / Technical bid Submission.

12.2 The Letter of Financial Bid shall accompany the Financial Bid in a separate sealed envelope.

13. Alternative Bids 13.1 Unless otherwise indicated in the BDS, alternative bids shall not be considered.

13.2 When alternative times for completion are explicitly invited, a statement to that effect will be included in the BDS, as will the method of evaluating different times for completion.

13.3 When specified in the BDS pursuant to ITB 13.1, and subject to ITB 13.4 below, Bidders wishing to offer technical alternatives to the requirements of the Bidding Document must first price the Procuring Entity’s design as described in the Bidding Document and shall further provide all information necessary for a complete


evaluation of the alternative by the Procuring Entity, including drawings, design calculations, technical specifications, breakdown of prices, and proposed construction methodology and other relevant details. Only the technical alternatives, if any, of the lowest evaluated Bidder conforming to the basic technical requirements shall be considered by the Procuring Entity.

13.4 When specified in the BDS, Bidders are permitted to submit alternative technical solutions for specified parts of the Works. Such parts will be identified in the BDS and described in Section VI (Employer’s Requirements). The method for their evaluation will be stipulated in Section III (Evaluation and Qualification Criteria).

14. Bid Prices and Discounts

14.1 The prices and discounts quoted by the Bidder in the Letter of Financial Bid and in the Bill of Quantities shall conform to the requirements specified below.

14.2 The Bidder shall fill in rates and prices for all items of the Works described in the Bill of Quantities. Items against which no rate or price is entered by the Bidder will not be paid for by the Procuring Entity when executed and shall be deemed covered by the rates for other items and prices in the Bill of Quantities.

14.3 The price to be quoted in the Letter of Financial Bid, in accordance with ITB 12.2, shall be the total price of the Bid, excluding any discounts offered.

14.4 The Bidder shall quote any unconditional discounts and the methodology for their application in the Letter of Financial Bid, in accordance with ITB 12.2.

14.5 Unless otherwise provided in the BDS and the Contract, the rates

and prices quoted by the Bidder are subject to adjustment during the performance of the Contract in accordance with the provisions of the Conditions of Contract. In such a case, the Bidder shall furnish the indices and weightings for the price adjustment formulae in the Schedule of Adjustment Data and the Procuring Entity may require the Bidder to justify its proposed indices and weightings.

14.6 Unless otherwise provided in the BDS and the Conditions of Contract, the prices quoted by the Bidder shall be fixed. If the prices quoted by the Bidder are subject to adjustment during the performance of the Contract in accordance with the provisions of the Conditions of Contract, the Bidder shall furnish the indices and weightings for the price adjustment formulae in the Schedule of Adjustment Data in Section IV (Bidding Forms) and the Procuring Entity may require the Bidder to justify its proposed indices and weightings.


14.7 All duties, taxes, and other levies payable by the Contractor under the Contract, or for any other cause, as of the date 28 days prior to the deadline for submission of bids, shall be included in the rates and prices and the total bid price submitted by the Bidder.

15. Currencies of Bid and Payment

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

15.2 Bidders may be required by the Procuring Entity to justify, to the Procuring Entity’s satisfaction, their local and foreign currency requirements, and to substantiate that the amounts included in the prices shown in the appropriate form(s) of Section IV, in which case a detailed breakdown of the foreign currency requirements shall be provided by Bidders.

16. Documents Comprising the Qualification /Technical & Financial Proposal

16.1 The Bidder shall furnish a Technical Proposal including a statement of work methods, equipment, personnel, schedule and any other information as stipulated in Section IV, in sufficient detail to demonstrate the adequacy of the Bidders’ proposal to meet the work requirements and the completion time.

16.2 The Financial Proposal must be prepared using the information provided in the Bill of quantities. Bidders shall list all costs associated with the assignment.

17. Documents Establishing the Qualifications of the Bidder

17.1 To establish its qualifications to perform the Contract in accordance with Section III (Evaluation and Qualification Criteria) the Bidder shall provide the information requested in the corresponding information sheets included in Section IV (Bidding Forms).

17.2 Domestic Bidders, individually or in joint ventures, applying for

eligibility for a 7½-percent margin of domestic preference shall supply all information required to satisfy the criteria for eligibility as described in ITB 33.

18. Period of Validity of Bids

18.1 Bids shall remain valid for the period specified in the BDS after the bid submission deadline date prescribed by the Procuring Entity. A bid valid for a shorter period shall be rejected by the Procuring Entity as nonresponsive.

18.2 In exceptional circumstances, prior to the expiration of the bid validity period, the Procuring Entity may request Bidders to extend the period of validity of their bids. The request and the responses shall be made in writing. If a bid security is requested in accordance with ITB 19, it shall also be extended for a corresponding period. A Bidder may refuse the request without forfeiting its bid security. A Bidder granting the request shall not be required or permitted to modify its bid.

18.3 In the case of fixed price contracts, if the award is delayed by a


period exceeding fifty-six (56) days beyond the expiry of the initial bid validity, the Contract price shall be determined as follows:

a) In the case of fixed price contracts, the Contract price shall be the bid price adjusted by the factor specified in the BDS.

b) In the case of adjustable price contracts, to determine the Contract price, the fixed portion of the bid price shall be adjusted by the factor specified in the BDS.

c) In any case, bid evaluation shall be based on the bid price without taking into consideration the applicable correction from those indicated above.

19. Bid Security 19.1 Unless otherwise specified in the BDS, the Bidder shall furnish as part of its bid, in original form, either a Bid Securing Declaration or a bid security as specified in the BDS. In the case of a bid security, the amount shall be as specified in the BDS

19.2 A bid securing declaration shall use the for include in section IV (bidding forms)

19.3 If a bid security is specified pursuant to ITB 19.1, the bid security shall be in the form of an unconditional guarantee issued by a reputable bank from and eligible country. The bid security shall be submitted using the Bid Security Form included in Section IV (Bidding Forms) and the form must include the complete name of the Bidder. The bid security shall be valid for twenty-eight days (28) beyond the original validity period of the bid, or beyond any period of extension if requested under ITB 18.2.

19.4 Any bid not accompanied by an enforceable and substantially compliant bid security or Bid Securing Declaration, if required in accordance with ITB 19.1, shall be rejected by the Procuring Entity as nonresponsive.

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 Bidder’s 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


provided in ITB 18.2 or

(b) if the successful Bidder fails to: -

(i) Sign the Contract in accordance with ITB 40; or

(ii) Furnish a performance security in accordance with ITB 41.

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

20. Format and Signing of Bid

20.1 The Bidder shall prepare one original of the documents comprising the bid as described in ITB 11 and clearly mark it “ORIGINAL”. Alternative bids, if permitted in accordance with ITB 13, shall be clearly marked “ALTERNATIVE”. In addition, the Bidder shall submit copies of the bid in the number specified in the BDS, and clearly mark each of them “COPY.” In the event of any discrepancy between the original and the copies, the original shall prevail.

20.2 The original and all copies of the bid shall be typed or written in indelible ink and shall be signed by a person duly authorized to sign on behalf of the Bidder. This authorization shall consist of a written confirmation as specified in the BDS and shall be attached to the bid. The name and position held by each person signing the authorization must be typed or printed below the signature.

20.3 Any amendments such as interlineations, erasures, or overwriting shall be valid only if they are signed or initialled by the person signing the bid.

D. Submission and Opening of Bids

21. Sealing and Marking of Bids

21.1 The original and all copies of the Technical bid shall be placed in a sealed envelope clearly marked “Qualification/ Technical Bid,” and the original and all copies of the Financial Bid in a separate sealed envelope clearly marked “Financial Bid”. The envelopes shall be securely sealed in such a manner that opening and resealing cannot be achieved undetected.

21.2 Additionally, a CD ROM containing an electronic version of the contents of the Technical Bid contained in each envelope shall be placed in the respective Technical Bid envelope.

21.3 A separate CD ROM containing an electronic version of the contents of the Financial Bid contained in each envelope shall be


placed in the respective Financial Bid envelope.

21.4 Bidders submitting bids by mail or by hand shall enclose the original and each copy of the Bid, including alternative bids, if permitted in accordance with ITB 13, in separate sealed envelopes, duly marking the envelopes as “Original”, “Alternative” and “Copy.” These envelopes containing the original and the copies shall then be enclosed in one single envelope.

21.5 The envelopes containing the Qualification/Technical and Financial Bids shall: - (a) bear the name and address of the Bidder; (b) be addressed to the Procuring Entity in accordance with ITB 22.1; and (c) Bear the Procurement Reference Number (PRQ20150620) of this bidding process.

21.6 The Financial Bid shall also bear a warning “Do Not Open with the Technical Bid”.

21.7 The two envelopes shall be placed in an outer envelope which shall be securely sealed in such a manner that opening and resealing cannot be achieved undetected.

21.8 If all envelopes are not sealed and marked as required, the Procuring Entity will assume no responsibility for the misplacement or premature opening of the bid.

21.9 The outer envelope shall: -

a) bear the name and address of the Bidder;

b) be addressed to the Procuring Entity in accordance with ITB 22.1;

c) bear the Procurement Reference number of this bidding process; and

d) Bear a warning not to open before the time and date for bid opening, in accordance with ITB 25.1.

21.10 The Bidder shall enclose the original and all copies of the bid, including alternative bids, if permitted in accordance with ITB 13, in separate sealed envelopes, duly marking the envelopes as “Original”, “Alternative” and “Copy.” These envelopes containing the original and the copies shall then be enclosed in their respective envelopes for “Qualification/ Technical Bid” and “Financial Bid”.

21.11 If all envelopes are not sealed and marked as required, the Procuring Entity shall assume no responsibility for the misplacement or premature opening of the bid.


22. Deadline for Submission of Bids

22.1 Bids must be received by the Procuring Entity at the address and no later than the date and time indicated in the BDS.

22.2 The Procuring Entity may, at its discretion, extend the deadline for the submission of bids by amending the Bidding Document in accordance with ITB 8, in which case all rights and obligations of the Procuring Entity and Bidders previously subject to the deadline shall thereafter be subject to the deadline as extended.

23. Late Bids 23.1 The Procuring Entity shall not consider any bid that arrives after the deadline for submission of bids, in accordance with ITB 22. Any bid received by the Procuring Entity after the deadline for submission of bids shall be declared late, rejected, and returned unopened to the Bidder.

24. Withdrawal, Substitution, and Modification of Bids

24.1 A Bidder may withdraw, substitute, or modify its bid after it has been submitted by sending a written notice, duly signed by an authorized representative, and shall include a copy of the authorization in accordance with ITB 20.2, (except that withdrawal notices do not require copies). The corresponding substitution or modification of the bid must accompany the respective written notice. All notices must be: -

(a) Prepared and submitted in accordance with ITB 20 and ITB 21 (except that withdrawal notices do not require copies), and in addition, the respective envelopes shall be clearly marked “WITHDRAWAL,” “SUBSTITUTION,” “MODIFICATION;” and

(b) Received by the Procuring Entity prior to the deadline prescribed for submission of bids, in accordance with ITB 22.

24.2 Bids requested to be withdrawn in accordance with ITB 24.1 shall be returned unopened to the Bidders.

24.3 No bid may be withdrawn, substituted, or modified in the interval between the deadline for submission of bids and the expiration of the period of bid validity specified by the Bidder on the Letter of Financial Bid or any extension thereof.

25. Technical Bid Opening

The Procuring Entity shall open the bids in public at the address, date and time specified in the BDS in the presence of Bidders` designated representatives and anyone who choose to attend. All Financial Bids will remain sealed at this stage. Any specific electronic bid opening procedures required if electronic bidding is permitted in accordance with ITB 21.1, shall be as specified in the BDS.

First, envelopes marked “WITHDRAWAL” shall be opened and read out and the envelope with the corresponding bid shall not be opened, but returned to the Bidder. No bid withdrawal shall be permitted unless the corresponding


withdrawal notice contains a valid authorization to request the withdrawal and is read out at bid opening. Next, envelopes marked “SUBSTITUTION” shall be opened and read out and exchanged with the corresponding bid being substituted, and the substituted bid shall not be opened, but returned to the Bidder. No bid substitution shall be permitted unless the corresponding substitution notice contains a valid authorization to request the substitution and is read out at bid opening. Envelopes marked “MODIFICATION” shall be opened and read out with the corresponding bid. No bid modification shall be permitted unless the corresponding modification notice contains a valid authorization to request the modification and is read out at bid opening. Only envelopes that are opened and read out at bid opening shall be considered further.

All other envelopes shall be opened one at a time, reading out: the name of the Bidder and whether there is a modification; and any other details as the Procuring Entity may consider appropriate. No bid shall be rejected at bid opening except for late bids, in accordance with ITB 23.1.

The Procuring Entity shall prepare a record of the bid opening that shall include, as a minimum: the name of the Bidder, country of registration and whether there is a withdrawal, substitution, or modification and the presence or absence of a bid security (including issuing bank and bid security amount), if one was required. The Bidders’ representatives who are present shall be requested to sign the record. The omission of a Bidder’s signature on the record shall not invalidate the contents and effect of the record. A copy of the record shall be distributed to all Bidders.

26. Financial Bid Opening

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

26.2 The Financial Bid(s) shall be opened in the presence of the Bidders’ representatives who choose to attend. The name of the Bidder and the bid price shall be read aloud and recorded when the Financial bid(s) are opened. If so requested by the Procuring Entity in the BDS, the Letter of Financial Bid and the Bill of Quantities are to be initialled by representatives of the Procuring Entity attending bid opening in the manner indicated in the BDS. The Procuring Entity shall prepare minutes of the public opening and share with all bidders who participated in the tender process.

E. Evaluation and Comparison of Bids


27. Confidentiality 27.1 Information relating to the examination, evaluation, comparison, and post-qualification of bids and recommendation of contract award, shall not be disclosed to Bidders or any other persons not officially concerned with such process until information on Contract award is communicated to all Bidders.

27.2 Any attempt by a Bidder to influence the Procuring Entity in the evaluation of the bids or Contract award decisions may result in the rejection of its bid.

27.3 Notwithstanding ITB 26.2, from the time of bid opening to the time of Contract award, if any Bidder wishes to contact the Procuring Entity on any matter related to the bidding process, it may do so in writing.

28. Clarification of Bids

To assist in the examination, evaluation, and comparison of the bids, and qualification of the Bidders, the Procuring Entity may, at its discretion, ask any Bidder for a clarification of its bid. Any clarification submitted by a Bidder that is not in response to a request by the Procuring Entity shall not be considered. The Procuring Entity’s request for clarification and the response shall be in writing. No change in the prices or substance of the bid shall be sought, offered, or permitted, except to confirm the correction of arithmetic errors discovered by the Procuring Entity in the evaluation of the bids, in accordance with ITB 32.

If a Bidder does not provide clarifications of its bid by the date and time set in the Procuring Entity’s request for clarification, its bid may be rejected.

29. Deviations, Reservations, and Omissions

During the evaluation of bids, the following definitions apply:

(a) “Deviation” is a departure from the requirements specified in the Bidding Document;

(b) “Reservation” is the setting of limiting conditions or withholding from complete acceptance of the requirements specified in the Bidding Document; and

(C) “Omission” is the failure to submit part or all of the information or documentation required in the Bidding Document.

30. Determination of Responsiveness

30.1 The Procuring Entity’s determination of a bid’s responsiveness is to be based on the contents of the bid itself, as defined in ITB11.

30.2 A substantially responsive bid is one that meets the requirements of the Bidding Document without material deviation, reservation, or omission. A material deviation, reservation, or omission is one that,

(a) if accepted, would:

(i) Affect in any substantial way the scope, quality, or performance of the Works specified in the Contract; or

(ii) Limit in any substantial way, inconsistent with the Bidding


Document, the Procuring Entity’s rights or the Bidder’s obligations under the proposed Contract; or

(b) If rectified, would unfairly affect the competitive position of other Bidders presenting substantially responsive bids.

30.3 The Procuring Entity shall examine the technical aspects of the bid submitted in accordance with ITB 16, Technical Proposal, in particular, to confirm that all requirements of Section VI (Employer’s Requirements) have been met without any material deviation, reservation or omission.

30.4 If a bid is not substantially responsive to the requirements of the Bidding Document, it shall be rejected by the Procuring Entity and may not subsequently be made responsive by correction of the material deviation, reservation, or omission.

31. Nonconformities, Errors, and Omissions

31.1 Provided that a bid is substantially responsive, the Procuring Entity may waive any non-conformity in the bid.

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

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

32. Correction of Arithmetical Errors

32.1 Provided that the bid is substantially responsive, the Procuring Entity shall correct arithmetical errors on the following basis:

(a) only for unit price contracts, if there is a discrepancy between the unit price and the total price that is obtained by multiplying the unit price and quantity, the unit price shall prevail and the total price shall be corrected, unless in the opinion of the Procuring Entity there is an obvious misplacement of the decimal point in the unit price, in which case the total price as quoted shall govern and the unit price shall be corrected;


(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 Currency

For evaluation and comparison purposes, the currency (ies) of the bid shall be converted into a single currency as specified in the BDS.

34. Margin of Preference

34.1 A margin of preference shall not apply, unless otherwise specified in the BDS.

34.2 Domestic bidders shall provide all evidence necessary to prove that they meet the following criteria to be eligible for a 7½ percent margin of preference in the comparison of their bids with those of bidders who do not qualify for the preference. They should: -

(a) be registered within the country of the Procuring Entity’s country.

(b) have majority ownership by nationals of the Procuring Entity’s country.

(c) Not subcontract more than 10 percent of the Contract Price, excluding provisional sums, to foreign contractors.

34.3 The following procedure shall be used to apply the margin of preference: -

(a) Responsive bids shall be classified into the following groups:

(i) Group A: bids offered by domestic bidders and joint ventures meeting the criteria of ITB Sub-Clause 34.2; and

(ii) Group B: all other bids.

(b) For the purpose of further evaluation and comparison of bids only, an amount equal to 7½ percent of the evaluated Bid prices determined in accordance with ITB Sub-Clause 34.2 shall be added to all bids classified in Group B.

35. Qualification/ Technical Evaluation of Bids

35.1 The Procuring Entity shall check that the bidder and all companies forming a JV do not contravene the Eligible Countries requirement given in Section V. A bid failing to meet the requirements shall be rejected.

35.2 The Procuring Entity shall determine whether the Bidder is


qualified to perform the Contract satisfactorily. The determination shall be based upon an examination of the documentary evidence of the Bidder’s qualifications submitted by the Bidder, pursuant to ITB Clause 11, to clarifications in accordance with ITB Clause 28 and the qualification criteria indicated in Section III, Evaluation Methodology, and Criteria. A bid shall be rejected at this stage if it does not meet the specified technical/ qualifying criteria.

35.3 The Procuring Entity will carry out a detailed evaluation of the technical aspects on the basis of the Bidder’s responsiveness to the Procuring Entity’s 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 Entity’s Requirements or if it fails to achieve the minimum technical requirements indicated in Section III, Evaluation Methodology and Criteria. A bid shall be rejected at this stage if it does not meet the specified Technical criteria.

35.4 Bidders planning to subcontract any of the key activities indicated in Section III, Qualification/Technical Criteria, shall specify the activities or parts of the works to be subcontracted in the Bid Submission Form. Applicants shall clearly identify the proposed specialist subcontractors in Forms ELI-1.2 and EXP (experience)-4.2(b) in Section IV, Bidding Form. Such proposed specialist subcontractor(s) shall meet the corresponding qualification requirements specified in Section III, Qualification/Technical Criteria and Requirements.

35.5 At this time, the Procuring Entity does not intend to execute certain specific parts of the Works by subcontractors selected in advance by the Procuring Entity (Nominated Subcontractors) unless otherwise stated in the BDS.

35.6 Only those bids meeting the Technical/ Qualification Criteria and have an acceptable Technical Evaluation will proceed to the Financial Evaluation.

35.7 A bid whose Qualification/ Technical proposal/ bid contains any financial proposal/ bid information shall be automatically rejected and be declared nonresponsive. It shall not be subjected to further evaluation.

36. Evaluation of Financial Bids

36.1 The Procuring Entity shall use the criteria and methodologies listed in this Clause. No other evaluation criteria or methodologies shall be permitted.

36.2 To evaluate a bid, the Procuring Entity shall consider the following:


a) the bid price, excluding Provisional Sums and the provision, if any, for contingencies in the Summary Bill of Quantities, but including Daywork items, where priced competitively;

b) any percentage mark ups of Provisional Sums and all Provisional Items

c) price adjustment for correction of arithmetic errors in accordance with ITB 32.1;

d) price adjustment due to discounts offered in accordance with ITB 14.4;

e) converting the amount resulting from applying (a) to (c) above, if relevant, to a single currency in accordance with ITB 33;

f) price adjustment indices is within the ranges prescribed by the Procuring Entity;

g) adjustment for nonconformities in accordance with ITB 31.1;

36.3 The estimated effect of the price adjustment provisions of the Conditions of Contract, applied over the period of execution of the Contract, shall not be taken into account in bid evaluation.

36.4 If these Bidding Documents allow Bidders to quote separate prices for different lots (contracts), and the award to a single Bidder of multiple lots (contracts), the methodology to determine the lowest evaluated price of the lot (contract) combinations, including any discounts offered in the Letter of Financial Bid Form, is specified in Section III, Evaluation and Qualification/Technical Criteria.

36.5 If the bid, which results in the lowest Evaluated Bid Price, is seriously unbalanced or front loaded in the opinion of the Procuring Entity, the Procuring Entity may require the Bidder to produce detailed price analyses for any or all items of the Bill of Quantities, to demonstrate the internal consistency of those prices with the construction methods and schedule proposed. After evaluation of the price analyses, taking into consideration the schedule of estimated Contract payments, the Employer may require that the amount of the performance security be increased at the expense of the Bidder to a level sufficient to protect the Procuring Entity against financial loss in the event of default of the successful Bidder under the Contract.

36.6 Activities and items described in the Qualification/ Technical Proposal but not priced in the Financial Proposal, shall be assumed to be included in the prices of other activities or items, and no corrections are made to the Financial Proposal.

37. Comparison of Bids The Procuring Entity shall compare all substantially responsive bids to determine the lowest evaluated bid, in accordance with ITB 36.


38. Procuring Entity’s Right to Accept Any Bid, and to Reject Any or All Bids

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. Award Criteria 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 Financer’s 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:



i. Name of each Bidder who submitted a Bid; ii. Name of bidders whose bids were rejected and the reasons for

their rejection; and iii. Name of the winning Bidder, and the Price it offered, as well as

the duration and summary scope of the contract awarded.

Until a formal contract is prepared and executed, the notification of award shall not constitute a binding Contract.

The Procuring Entity shall promptly respond in writing to any unsuccessful Bidder who, after notification of award in accordance with ITB 39.1, requests in writing the grounds on which its bid was not selected.

41. Signing of Contract 41.1 On expiration of no-action period after notification date; the Procuring Entity having responded to request as per ITB 40.3 shall send the successful bidder the Letter of Acceptance.

41.2 Within twenty-eight (28) days of receipt of the Contract Agreement, the successful Bidder shall sign, date, and return it to the Procuring Entity.

42. Performance Security

42.1 Within twenty-eight (28) days of the receipt of notification of award from the Procuring Entity, the successful Bidder shall furnish the performance security to the Employer in accordance with the conditions of contract, subject to GCC 49.1 using for that purpose the Performance Security Form included in Section IX (Contract Forms and Confidentiality Agreement), or another form acceptable to the Employer. If the performance security furnished by the successful Bidder is in the form of a bond, it shall be issued by a bonding or insurance company that has been determined by the successful Bidder to be acceptable to the Employer. A foreign institution providing a bond shall have a correspondent financial institution located in the Employer’s Country.

42.2 Failure of the successful Bidder to submit the above-mentioned Performance Security or to sign the Contract Agreement shall constitute sufficient grounds for the annulment of the award and forfeiture of the bid security. In that event the Procuring Entity may award the Contract to the next lowest evaluated Bidder whose offer is substantially responsive and is determined by the Procuring Entity to be qualified to perform the Contract satisfactorily.

42.3 The above provision shall also apply to the furnishing of a domestic preference security if so required.

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


the Appointing Authority designated in the Particular Conditions of Contract (PCC) pursuant to Clause 23.1 of the General Conditions of Contract (GCC), to appoint the Adjudicator.

Section II – Bid Data Sheets 2-27

Section II - Bid Data Sheets

A. Introduction

ITB 1 (d) The name of the bidding process is: International Competitive bidding (ICB) using TradeMark East Africa Procurement Guidelines

The identification number of the bidding process and identification of lots comprising this bidding process is: PRQ20150620

Lot A:

The Rehabilitation of the G-Section Container Yard

Lot B

Revetment works on Lighter Quay

ITB 1 (e) Applicable law: Kenya

ITB 1 (f) The Financier is: TRADEMARK EAST AFRICA

ITB 1 (i) The Client/Employer is: Kenya Ports Authority

ITB 1 (m) The Procuring Entity: TradeMark East Africa

ITB 2.1 The Beneficiary is: Kenya Ports Authority

ITB 2.1 The name of the Project is: PROPOSED CIVIL WORKS FOR THE REHABILITATION OF THE G-SECTION CONTAINER YARD (LOT A) AND REVETMENTS WORKS ON LIGHTER QUAY (LOT B)

ITB 3.1 (a) (vi) False declaration or lack of declaration shall lead to automatic disqualification

ITB 4.1 The tender is open to a consortium of firms that demonstrate the following capabilities: A. Prime Contractor : Registered with the National Constructions Authority Category NCA 1 for both Civil and Building Works B. Electrical Sub-Contractor : A Valid and Current Ministry of Energy’s ERC license: - Class A1 License preferable National Construction Authority (NCA), Electrical Engineering Services contractor’s category, Minimum NCA 5 The individuals or firms in a JV [“shall”] be jointly and severally liable.


B. Bidding Documents

ITB 7.1 For clarification purposes, the Procuring Entity’s address is: Attention: Procurement Director Kenya Ports Authority c/o Street Address: TradeMark East Africa, Equatorial Fidelity Centre, Waiyaki Way, Westlands, Floor/Room number: 2nd Floor City: Nairobi ZIP Code: Country: Kenya Telephone: +254- 20- 4235000 Electronic mail address: [email protected] Requests for clarification should be received by the Procuring Entity no later than: 21 (twenty-one) calendar days to closure of the tender, that is, no later than 12th January 2016 (11.00 a.m. Kenya time)

ITB 7.4 A Pre-Bid meeting “shall” take place. The Pre-Bid meeting will take place at the following date, time and place:

Date: Wednesday 6th January 2016

Time: 1000 hrs

Place: Bidder shall congregate at the KPA Procurement Conference Room of KPA located at the Port of Mombasa

A site visit conducted by the Procuring Entity “shall be” organized and shall be part of the pre-bid meeting.

mailto:[email protected]


C. Preparation of Bids

ITB 10.1 The language of the bid is: English

ITB 11.2 The Bidder shall submit with its bid the following additional documents: - a) Power of attorney signed before a commissioner for oaths; b) Certificate of incorporation; c) Registration certificate for civil works valid at least until the date of bids submission

deadline d) Tax clearance certificate valid at least until the date of bids submission deadline e) JV agreement or intention to sign one (for JV); and f) Bid security.

The Bidder shall submit with its bid the following additional documents:

Qualification/Technical Bid Submission Sheet,

Bidder Information Form ELI -1,

Bidder's Party Information Form ELI -1.2,

Historical Contract Non-Performance Form CON – 2,

Financial Situation Form FIN – 3.1,

Average Annual Construction Turnover –Form FIN - 3.2,

Financial Resources Form FIN – 3.3,

Available Tender Capacity Part 1 Form ATC – 5.1(a),

Available Tender Capacity Part 2 Form ATC 5.1(b),

General Construction Experience –Form EXP - 4.1,

Similar Construction Experience –Form EXP - 4.2(a),

Construction Experience in Key Activities –Form EXP - 4.2(b),

Form of Bid Security,

List of employers in the past 3 years;

References from these employers indicating or confirming commitments or undertakings by the bidder.

Where a Joint Venture is proposed a copy of the Joint Venture Agreement entered into by all partners or a letter of intent to form a joint venture, and

Any other relevant document.

Details of proposed method statement: -

a) Site Organisation;

b) Method Statement;

c) Mobilisation Schedule;

d) Construction Schedule;

e) Quality Assurance System;

f) Equipment;

g) Personnel; and

h) Any other relevant detail.

ITB 13.1 Alternative bids “shall not be” permitted.


ITB 13.2 The time for completion shall be “12 months”. Alternative times for completion beyond the specified time for completion “shall not be” permitted.

ITB 13.4 Alternative technical solutions shall be permitted for the following parts of the Works: N/A.

ITB 14.6 The prices quoted by the Bidder “shall not be” subject to adjustment during the performance of the Contract.

ITB 15.1 The prices shall be quoted by the bidder in: United States Dollars (USD$)

ITB 18.1 The bid validity period shall be: 120 days from bid opening date.

ITB 19.1 The Bidder shall furnish a bid security in the amount of: USD 100,000 [United States Dollars One hundred thousand only]. In the form of a bank guarantee in the format provided in Section IV – Bidding Forms

ITB 19.3 Bid Security Validity: 1st May 2016

ITB 20.1 In addition to the one (1) original of the bid, the number of copies is: 3 copies and 1 CD Rom. CD Roms should be in put in the respective technical and financial bid envelopes.

ITB 20.2 The written confirmation of authorization to sign on behalf of the Bidder shall indicate:

(a) A Power of Attorney which must be witnessed by a commissioner for oaths; and

(b) In the case of Bids submitted by an existing or intended JV an undertaking signed by all parties (i) stating that all parties shall be jointly and severally liable, if so required in accordance with ITB 4.1(a), and (ii) nominating a Representative who shall have the authority to conduct all business for and on behalf of any and all the parties of the JV during the bidding process and, in the event the JV is awarded the Contract, during contract execution.

D. Submission and Opening of Bids

ITB 21.1 Bidders “shall not” have the option of submitting their bids electronically.

ITB 22.1 For bid submission purposes, the Procuring Entity’s address is: TradeMark East Africa, Equatorial Fidelity Centre Attention: Procurement Director Street Address: Waiyaki Way, Westlands Floor/Room number: 2nd Floor City: Nairobi Country: Kenya The deadline for bid submission is: Date: 1st February 2016 Time: 11.00 am (Kenya time)


ITB 25.1 The Technical/ Qualification bid opening shall take place at:

TradeMark East Africa, Equatorial Fidelity Centre, 2nd Floor, Waiyaki Way, Westlands, Nairobi, KENYA.

Date: 1st February 2016 Time: 11.30 am

ITB 26 The Financial proposal

This will be for bidders who are found to be technically responsive.

Venue: same as in ITB 25.1

Date: To be confirmed.

Time: To be confirmed.

E. Evaluation and Comparison of Bids

ITB 33.1

The currency that shall be used for bid evaluation and comparison purposes to convert all bid prices expressed in various currencies into a single currency is: United States Dollars (USD $)

The source of exchange rate shall be: Central Bank of Kenya

The date for the exchange rate shall be: The source of exchange rate shall be Bank of Kenya and the date for the exchange rate shall be 28 days prior to bid submission.

ITB 34.1 A margin of preference “shall” apply.

The application methodology shall be as stipulated in Section III (Evaluation and Qualification Criteria)

ITB 43.1 The Adjudicator proposed by the Employer is: To be proposed at a later stage and agreed upon with the successful bidder. The hourly fee for this proposed Adjudicator shall be: To be proposed at a later stage and agreed upon with the successful bidder. The biographical data of the proposed Adjudicator is as follows: To be proposed at a later stage and agreed upon with the successful bidder.

Section III – Evaluation and Qualification Criteria 3-32

Section III - Evaluation and Qualification Criteria

This section contains all the criteria that the Procuring Entity shall use to evaluate bids and qualify Bidders if the bidding was not preceded by a prequalification exercise and post-qualification is applied. In accordance with ITB 35 and ITB 36, no other methods, criteria and factors shall be used. The Bidder shall provide all the information requested in the forms included in Section 4 (Bidding Forms).

Table of Criteria

1. Evaluation ............................................................................................................................................. 33

1.1 Adequacy of Technical Proposal ..................................................................................................... 33 1.2 Multiple Contracts .......................................................................................................................... 33 1.3 Completion Time ............................................................................................................................ 33 1.4 Technical Alternatives ..................................................................................................................... 33 1.5 Margin of Preference ...................................................................................................................... 33

2. Assessement of Qualification ................................................................................................................ 34

2.1 Eligibility .......................................................................................................................................... 34 2.2 Historical Contract Non-Performance ............................................................................................ 35 2.3 Financial Situation........................................................................................................................... 35 2.4 Experience ....................................................................................................................................... 37 2.5 Personnel ........................................................................................................................................ 41 2.6 Equipment ...................................................................................................................................... 42


1. Evaluation

The evaluation shall be conducted in three sequential stages: a. Assessment of Qualification; b. Assessment of Technical Bid; and c. Assessment of Financial Bid.

N/ B: Failure of a bid at any stage shall prevent its further consideration.

In addition to the criteria listed in ITB 35 the following criteria shall apply:

1.1 Adequacy of Technical Proposal

Evaluation of the Bidder's Technical Proposal will include an assessment of the Bidder's technical capacity to mobilize key equipment and personnel for the contract consistent with its proposal regarding work methods, scheduling, and material sourcing in sufficient detail and fully in accordance with the requirements stipulated in Section VI Works Requirements (Employer's Requirements) and Drawings.

1.2 Multiple Contracts

Pursuant to Sub-Clause 35.4 of the Instructions to Bidders, if Works are grouped in multiple contracts, evaluation will be as follows: N/ A

1.3 Completion Time

An alternative Completion Time, if permitted under ITB 13.2, will be evaluated as follows: N/ A

1.4 Technical Alternatives

Technical alternatives, if permitted under ITB 13.4, will be evaluated as follows: N/ A

1.5 Margin of Preference

If a margin of preference shall apply under ITB 33.1, the procedure will be as follows as:

a. Responsive bids shall be classified into the following groups:

i. Group A: bids offered by domestic bidders and joint ventures meeting the criteria of ITB Sub-Clause 34.2; and

ii. Group B: all other bids.

b. For the purpose of further evaluation and comparison of bids only, an amount equal to 7½ 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. Assessement of Qualification

Factor 2.1 Eligibility

Sub-Factor

Criteria

Documentation Required Requirement

Bidder

Single Entity Joint Venture, Consortium or Association

All partners combined

Each partner At least one partner

2.1.1 Nationality Nationality in accordance with ITB 4.2.

Must meet requirement

Existing or intended JV must meet requirement


N / A Form ELI –1.1 and 1.2, with attachments

2.1.2 Conflict of Interest

No- conflicts of interests as described in ITB 4.3.


Existing or intended JV must meet requirement


N / A Letter of Bid

2.1.3 TMEA Ineligibility Not having been declared ineligible by the TMEA as described in ITB 4.4.


Existing JV must meet requirement


N / A Letter of Bid

2.1.4 Government Owned Entity

Compliance with conditions of ITB 4.5




N / A Form ELI –1.1 and 1.2, with attachments

2.1.5 Ineligibility based on a United Nations resolution or Beneficiary’s country law

Not having been excluded as a result of the Beneficiary’s country laws or official regulations, or by an act of compliance with UN Security Council resolution, in accordance with ITB 4.8


Existing JV must meet requirement


N / A

Letter of Bid


Factor 2.2 Historical Contract Non-Performance

Sub-Factor

Criteria


Bidder

Single Entity

Joint Venture, Consortium or Association



2.2.1 History of non-performing contracts

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

N / A


N / A

Form CON - 2

2.2.2 Pending Litigation

All pending litigation shall in total not represent more than

ten percent (10 %) of the Bidder’s net worth and shall

be treated as resolved against the Bidder.


N / A


N / A

Form CON – 2

Factor 2.3 Financial Situation

Sub-Factor Criteria Documentation


Requirement

Bidder Required

Single Entity



Each partner At least one

partner

2.3.1 Historical Financial Performance

Submission of audited balance sheets for the last three [3] years to demonstrate the current soundness of the bidders financial position and its prospective long term profitability.


N / A Must meet requirement

N / A Form FIN – 3.1 with attachments

2.3.2. Average Annual Turnover

Minimum average annual turnover of USD $10,000,000, calculated as total certified payments received for contracts in progress or completed, within the last three (3) years



Must meet thirty percent (30 %) of the requirement

Must meet sixty percent (60 %) of the requirement

Form FIN –3.2


2.3.3. Financial Resources

The Bidder must demonstrate access to, or availability of, financial resources such as liquid assets, unencumbered real assets, lines of credit, and other financial means, other than any contractual advance payments to meet: (i) the following cash-flow requirement: USD $2,500,000 (two million, five hundred thousands) and (ii) the overall cash flow requirements for this contract and its concurrent commitments.



Must meet Thirty percent (30 %) of the requirement

Must meet sixty percent (60 %) of the requirement

Form FIN –3.3

Factor 2.4 Experience

Sub-Factor

Criteria


Bidder

Single Entity




2.4.1 General Experience

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


N / A Must meet requirement

N / A Form EXP-4.1


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, Employer’s Requirements.


Must meet requirements for all characteristics

N / A

Must meet requirement for one characteristic

Form EXP 2.4.2(a)

2.4.2 Specific Experience

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 Hard-

standing 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 m³ mass concrete (Lot B)

Must meet requirements

Must meet requirements

N / A Must meet requirements

Form EXP-2.4.2(b)


References Satisfactory References from Employers

Must be substantially satisfactory




Form EXP 4.2(a)


2 Assessment of Technical Bid

Evaluation of bidders Technical Bid/s will include an assessment of the Bids with respect to the following: a) Site Organization; b) Proposed methodology (method statement and work plan); c) Mobilization Schedule; d) Construction/Work Schedule; e) Quality Assurance System; f) Mobilize key equipment; g) Technology proposed; and h) Personnel.

2.5 Personnel

The Bidder must demonstrate that it will have the personnel for the key positions that meet the following requirements:

a) Prime Contractor: Civil Works

No. Position Minimum Qualifications Total Working

Experience (years)

In Similar Works Experience

(years)

1. Project Manager for Each Lot

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

15 10

2. Marine Engineer (For Revetment Works Lot B)

B.Sc. Civil Engineering 10 5

3. Concrete Pavement Engineer (Lot A)

B.Sc. Civil Engineering 15 10

4. Surveyor (1 No.) For Each Lot

Diploma in Surveying 5 5

5. Foremen/ (1 No) for Each Lot

Diploma in Construction / Civil Engineering

10 7

b) Electrical Sub-Contractor: Electrical Works

No. Position Minimum Qualifications Total Working

Experience (years)

In Similar Works Experience

(years)

1. Site Engineer B.Sc. Engineering / ERC Certificate 10 5

2. Electrician Trade test Class1 Certificate 15 10

3. Fitter Trade test Class1 Certificate 5 5

4. Welder Trade test Class1 Certificate 10 5

5. Foremen/ (1 No) Diploma in Electrical/ Construction / Civil Engineering or Quantity Survey

10 7

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 Equipment

a) Civil and Building Works

The Bidder must demonstrate that it will have access to the Prime (Civil and Building) Contractor’s equipment listed hereafter:

No. Equipment Type and Characteristics Indicate its Condition and provide evidence of ownership or lease

1. Concrete Batching Plant (Lot A) 1

2. Concrete Truck Mixers (Lot A) 4

3. Dumpers/shovel/bobcat (Lot A) 1

4. Excavator/Front Loader (at least 20 t) (Lot A&B) 2

5. Vibratory Compactor/tandem roller (Lot A) 1

6. Tippers 16 ton capacity (Lot A &B) 8

7. Poker/foam vibrator (Lot A) 3

8. Grader 160 H (Lot A) 1

9. Bulldozer D8 (Lot A) 1

10. Floating pontoon with spud legs and sufficient loading capacity (Lot B)

1

11. Long Reach Front excavator (at least 30 t) (Lot B) 1

12. Crawler crane (Lot B) 1

13. Paver with electronic levelling (Lot A) 1

The Bidder shall provide further details of proposed items of equipment using the relevant Form in Section IV including providing proof of ownership or lease for the contract duration/ period.

Section IV – Bid Submission Forms 4-43

Section IV – Bid Submission Forms

Table of Forms

Bid Submission Forms................................................................................................................................... 44

Qualification/ Technical Bid Submission Form .............................................................................................. 44

Financial Bid Submission Form ..................................................................................................................... 46

Financial proposal form ................................................................................................................................ 48

Schedules ..................................................................................................................................................... 48

Bill of Quantities ....................................................................................................................................... 48

Form of Bid Security (Bank Guarantee) ......................................................................................................... 52

FAIR PRICE DECLARATION FORM .................................................................................................................. 53

Technical Proposal ....................................................................................................................................... 54

Technical Proposal Forms ......................................................................................................................... 54 Forms for Personnel ................................................................................................................................. 55 Forms for Equipment ................................................................................................................................ 57

Bidder’s Qualification ................................................................................................................................... 59

Bidder Information Sheet ......................................................................................................................... 60 Party to JV Information Sheet ................................................................................................................... 61 Historical Contract Non-Performance ...................................................................................................... 62 Current Contract Commitments / Works in Progress ............................................................................... 63 Financial Situation Form FIN – 3.1 ............................................................................................................ 64 Average Annual Turnover ......................................................................................................................... 66 Financial Resources .................................................................................................................................. 67 Form EXP – 4.1 .......................................................................................................................................... 68 General Experience................................................................................................................................... 68 Specific/ similar Experience ...................................................................................................................... 69 Specific Experience in Key Activities ......................................................................................................... 71


Bid Submission Forms

Qualification/ Technical Bid Submission Form

The Bidder must prepare the Letter of Bid on stationery with its letterhead clearly showing the Bidder’s complete name and address.

Name of Tender: CIVIL WORKS FOR THE REHABILITATION OF THE G-SECTION (LOT A)/ REVETMENT WORKS ON LIGHTER QUAY (LOT B) Tender number submission is referring to: To: TradeMark East Africa, Equatorial Fidelity Centre, 2nd Floor, Waiyaki Way, Westlands, Nairobi, KENYA. Dear Sir/ Madam: We, the undersigned, declare that:

1. We have examined and we have no reservations to the Bidding Documents, including addenda thereto issued in accordance with the Instructions to Bidders.

2. In accordance with the Conditions of Contract, Employer’s Requirements, Drawings, and Schedules of Prices and Addenda Nos. [Insert Addenda Nos.] For the execution of the above-named Works, we offer to implement/ construct these Works and remedy any defects therein in conformity with the Conditions of Contract, Employer’s 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 Engineer’s 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


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 day of 20 Signature In the capacity of Duly authorized to sign Bids for and on behalf of Official Stamp __________________________________________________ [in block capitals or typed] Address: Witness: Address: Occupation:


Financial Bid Submission Form

Name of Contract: CIVIL WORKS FOR THE REHABILITATION OF THE G-SECTION (LOT A)/REVETMENT WORKS ON LIGHTER QUAY (LOT B) Tender reference of this tender/ bid: To: 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, Employer’s Requirements, Drawings, and Schedules of Prices and Addenda Nos.[insert Addenda Nos.] for the execution of the above-named Works, we offer to design, construct and install such Works and remedy any defects therein in conformity with the Conditions of Contract, Employer’s Requirements, Drawings, Schedules of Prices, and Addenda for the sum of [insert amount in numbers and words] as specified in the bidding documents or such other sums as may be ascertained in accordance with the conditions.

3. We undertake, if our Bid is accepted, to obtain a Performance Security in accordance with the

Bidding Documents and commence the Works as soon as is reasonably possible after the receipt of the Engineer’s notice to commence, and to complete the whole of the Works comprised in the Contract within the time agreed with the employer.

4. We agree to abide by this Bid until the date specified in ITB Clause 18, [Insert detail], and it shall

remain binding upon us and may be accepted at any time before that date.

5. Unless and until a formal Contract is prepared and executed, this Bid, together with your written acceptance thereof, shall NOT constitute a binding contract between us.

6. We understand that you are not bound to accept the lowest or any Bid you may receive.

7. Commissions or gratuities, if any, paid or to be paid by us to agents relating to this Bid, and to

Contract execution if we are awarded the Contract, are listed below:


Name and address of agent Amount and currency

Purpose of commission or gratuity

(if none, state “none”)

8. We hereby certify that we have taken steps to ensure that no person acting for us or on our

behalf will engage in bribery.

Dated this day of 20 Signature In the capacity of Duly authorized to sign Bids for and on behalf of Official Stamp _____________________________________________________________ [In block capitals or typed] Address: Witness: Address: Occupation


Financial proposal form

Schedules

Bill of Quantities

Introduction 1. Method of measurement The method of measurement of completed work for payment shall be in accordance with the Kenya Standard Specification for Road and Bridge Works 1986, and Specification of Particular application. 2. Contract The Conditions of Contract applicable are the “Conditions of Contract”, published by TradeMark East Africa, V2 2013-3-14. 3. Quantities Quantities are provisional and give an indication of the volume of works to be carried out. There is no guarantee that all the works in the Bill of Quantities will be done. The quantities are provided to also give a common basis for tendering and evaluation of tenders. In the Bill of Quantities, “Specifications” shall mean either Standard or Special Specifications, interchangeably, as the context may require. 4. Rates and Prices The rates and prices shall be inclusive of all the work components as described in the Standard and Specifications of Particular Application. There shall be no further payment to the contractor due to failure to observe these rules. 5. Demolitions Demolitions have been measured in units as described in the Bills of Quantities for the various structures. 6. Value Added Tax and Withholding Tax The Tenderer shall insert a sum in the Bill of Quantities as provided. Payments of VAT shall be in accordance with the relevant authorities in force at the time. The contractor shall allow for withholding tax in his rates in accordance with the relevant authorities in force at the time. 7. Ordering of Materials Materials shall not be ordered on the basis of Bill of Quantities. They shall be ordered on the basis of working drawings or as measured and determined on site with the approval of the Project Manager. 8. Site Inspection The Contractor is deemed to have inspected the site prior to tendering and gain an intimate knowledge and understanding of the site and the scope of the works, including assessment of the following:

a) Examined all the information made available by the Client for the purpose of tendering including the drawings, Specification, Bill of Quantities, Conditions of Tendering, diagrams, Contract conditions, and the like;


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.


OUTLINE SCOPE OF WORKS The Works to be carried out are located within the Mombasa Port and confined to the G-Section of the Port, and the access road presently used by traffic to the dockyard. This part of the Port includes the area behind the Lighter Quays from the dockyard to the main entrance gate and Berth 1 and is referred to as Area G (see Figure 1). Large areas of the G-Section are currently unpaved and not suitable for modern port operations. It is proposed to pave the G-section and to create additional storage capacity for containers.

The nature of the works in Lot A is rehabilitation of the G-Section by paving with concrete slab, widening of the access road, installation of new ISS gate, Electrical Works for Reefer Racks and Monopoles, while works in Lot B are revetment works on the quay side.

Figure 1: Location of G-Section within Mombasa Port shaded in blue.


BILLS OF QUANTITIES

These are Provided Separately in Excel Format for Lot A and Lot B


Form of Bid Security (Bank Guarantee)

__________________________ [Bank’s Name, and Address of Issuing Branch or Office]

Beneficiary:

TradeMark East Africa, Equatorial Fidelity Centre, 2nd Floor, Waiyaki Way, Westlands, Nairobi, KENYA.

Date: __________________________

BID GUARANTEE No.: __________________________

We have been informed that __________________________ [name of the Bidder] (hereinafter called "the Bidder") has submitted to you its bid dated ___________ (hereinafter called "the Bid") for the execution of Civil Works for the Rehabilitation of the G-Section (Lot A)/Revetment Works on Lighter Quay (Lot B) under Invitation for Bids No. ___________ (“the IFB”).

Furthermore, we understand that, according to your conditions, bids must be supported by a bid guarantee.

At the request of the Bidder, we ____________________ [name of Bank] hereby irrevocably undertake to pay you any sum or sums not exceeding in total an amount of USD 100,000 [United States Dollars One hundred thousand only] upon receipt by us of your first demand in writing accompanied by a written statement stating that the Bidder is in breach of its obligation(s) under the bid conditions, because the Bidder:

(a) has withdrawn its Bid during the period of bid validity specified by the Bidder in the Form of Bid; or

(b) having been notified of the acceptance of its Bid by the Employer during the period of bid validity, (i) fails or refuses to execute the Contract Form, if required, or (ii) fails or refuses to furnish the performance security, in accordance with the ITB.

This guarantee will expire: (a) if the Bidder is the successful Bidder, upon our receipt of copies of the contract signed by the Bidder and the performance security issued to you upon the instruction of the Bidder; and (b) if the Bidder is not the successful Bidder, upon the earlier of (i) our receipt of a copy your notification to the Bidder of the name of the successful Bidder; or (ii) twenty-eight days after the expiration of the Bidder’s 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)]


FAIR PRICE DECLARATION FORM

[Instructions: to be submitted alongside the Financial Bid Submission]

We/I [insert name of the consultant or consultancy firm] hereby declare that the price quoted in our financial proposal are in line with the market rates and/or the approved professional charges, are economical and that there is no collusion in submission of this bid. We/I hereby give TradeMark East Africa authority to terminate the contract without further communication should they discover that we/I [insert name of consultant or consultancy firm] are in contravention of this declaration.

Name: …………………………………………………………………………………………………………………….

Designation: ………………………………………………………………………………………………………………………

Signature: …………………………………………………………………………………………………….……………….

Date: ………………………………………………………………………………………………………………………


Technical Proposal

Technical Proposal Forms

Personnel Equipment Site Organization Method Statement Sustainability statement and approach Mobilization Schedule Construction/Work Schedule Others


Forms for Personnel

Form PER – 1: Proposed Personnel Bidders should provide the names of suitably qualified personnel to meet the specified requirements for each of the positions listed in Section III (Evaluation and Qualification Criteria). The data on their experience should be supplied using the Form below for each candidate.

1. Title of position

Name


Name


Name


Name


Name


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


Form PER – 2: Resume of Proposed Personnel The Bidder shall provide all the information requested below. Fields with asterisk (*) shall be used for evaluation.

Position*

Personnel information

Name *

Date of birth

Professional qualifications

Present employment

Name of Employer

Address of Employer

Telephone

Contact (manager / personnel officer)

Fax

E-mail

Job title

Years with present Employer

Summarize professional experience in reverse chronological order. Indicate particular technical and managerial experience relevant to the project.

From* To* Company, Project , Position, and Relevant Technical and Management Experience*


Forms for Equipment

The Bidder shall provide adequate information to demonstrate clearly that it has the capability to meet the requirements for the key equipment listed in Section III (Evaluation and Qualification Criteria). A separate Form shall be prepared for each item of equipment listed, or for alternative equipment proposed by the Bidder. The Bidder shall provide all the information requested below, to the extent possible. Fields with asterisk (*) shall be used for evaluation.

Type of Equipment*

Equipment Information

Name of manufacturer

Model and power rating

Capacity*

Year of manufacture*

Current Status Current location

Details of current commitments

Source Indicate source of the equipment Owned Rented Leased Specially manufactured

The following information shall be provided only for equipment not owned by the Bidder.

Owner Name of owner

Address of owner

Telephone

Contact name and title

Fax

Telex

Agreements Details of rental / lease / manufacture agreements specific to the project


Form for Sustainability statement and approach

The Bidder shall provide adequate information to demonstrate clearly that it has will deliver the project sustainably through use of renewable energy sources and by having rain water harvesting mechanisms/ features among other approaches/ methodologies.

Sustainability methodology Implementation approach


Bidder’s 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


Form ELI 1.1

Bidder Information Sheet

Date: ______________________ Bidding No.: ________________ Invitation for Bid No.: ________

Page ________ of _______ pages

1. Bidder’s Legal Name

2. In case of JV, legal name of each party:

3. Bidder’s actual or intended Country of Registration:

4. Bidder’s Year of Registration:

5. Bidder’s Legal Address in Country of Registration:

6. Bidder’s Authorized Representative Information

Name:

Address:

Telephone/Fax numbers:

Email Address:

7. Attached are copies of original documents of:

Articles of Incorporation or Registration of firm named in 1, above, in accordance with ITB Sub-Clauses 4.1 and 4.2.

In case of JV, letter of intent to form JV including a draft agreement, or JV agreement, in accordance with ITB Sub-Clauses 4.1

In case of government owned entity from the Employer’s country, documents establishing legal and financial autonomy and compliance with the principles of commercial law, in accordance with ITB Sub-Clause 4.5.


Form ELI 1.2

Party to JV Information Sheet

Date: ______________________

Bidding No.: ___________________ Invitation for Bid No.:_________

Page ________ of_ ______ pages

1. Bidder’s Legal Name:

2. JV’s Party legal name:

3. JV’s Party Country of Registration:

4. JV’s Party Year of Registration:

5. JV’s Party Legal Address in Country of Registration:

6. JV’s Party Authorized Representative Information

Name:

Address:

Telephone/Fax numbers:

Email Address:

7. Attached are copies of original documents of:

Articles of Incorporation or Registration of firm named in 1, above, in accordance with ITB Sub-Clauses 4.1 and 4.2.

In case of government owned entity from the Purchaser’s country, documents establishing legal and financial autonomy and compliance with the principles of commercial law, in accordance with ITB Sub-Clause 4.5.


Form CON – 2

Historical Contract Non-Performance

Bidder’s Legal Name: _______________________ Date: _____________________ JV Partner Legal Name: _______________________ ___________________

Bidding No.: __________________ Page _______ of _______ pages

Non-Performing Contracts in accordance with (Evaluation and Qualification Criteria)

Contract non-performance did not occur during the stipulated period, in accordance with Sub-Factor 2.2.1 of Section III (Evaluation and Qualification Criteria)

Contract non-performance during the stipulated period, in accordance with Sub-Factor 2.2.1 of Section III (Evaluation and Qualification Criteria).

Year Outcome as Percent of Total Assets

Contract Identification

Total Contract Amount (current

value, US$ equivalent)

______

______

Contract Identification: Name of Employer: Address of Employer: Matter in dispute:

___________

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 and Qualification Criteria)

Pending litigation in accordance with Sub-Factor 2.2.2 of Section III(Evaluation and Qualification Criteria), as indicated below

Year Outcome as Percent of Total Assets


Total Contract Amount (current

value, US$ equivalent)

______

______


___________

______

______


___________


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 Employer, contact address/tel/fax

Value of outstanding work (current US$ equivalent)

Estimated completion date

Average monthly invoicing over last six months (US$/month)

1.

2.

3.

4.

5.

etc.


Financial Situation Form FIN – 3.1

Historical Financial Performance

Bidder’s Legal Name: _______________________ Date: _____________________ JV Partner Legal Name: _______________________ Bidding No.: __________________

Page _______ of _______ pages To be completed by the Bidder and, if JV, by each partner

Financial information in US$ equivalent

Historic information for previous ______ (__) years (US$ equivalent in 000s)

Year 1 Year 2 Year 3 Year … Year n Avg. Avg. Ratio

Information from Balance Sheet

Total Assets (TA)

Total Liabilities (TL)

Net Worth (NW)

Current Assets (CA)

Current Liabilities (CL)

Information from Income Statement

Total Revenue (TR)

Profits Before Taxes (PBT)

Attached are copies of financial statements (balance sheets, including all related notes, and income statements) for the years required above complying with the following conditions:

Must reflect the financial situation of the Bidder or partner to a JV, and not sister or parent companies


Historic financial statements must be audited by a certified accountant

Historic financial statements must be complete, including all notes to the financial statements

Historic financial statements must correspond to accounting periods already completed and audited (no statements for partial periods shall be requested or accepted)


Form FIN – 3.2

Average Annual Turnover

Bidder’s Legal Name: ___________________________ Date: _____________________ JV Partner Legal Name: ____________________________ Bidding No.: ______________ Page _______ of _______ pages

Annual turnover data (construction only)

Year Amount and Currency US$ equivalent

_________________________________________ ____________________

_________________________________________ ____________________

_________________________________________ ____________________

_________________________________________ ____________________

_________________________________________ ____________________

*Average Annual Construction Turnover

_________________________________________ ____________________

*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), Sub-Factor 2.3.2, divided by that same number of years.


Form FIN3.3

Financial Resources

Specify proposed sources of financing, such as liquid assets, unencumbered real assets, lines of credit, and other financial means, net of current commitments, available to meet the total construction cash flow demands of the subject contract or contracts as indicated in Section III (Evaluation and Qualification Criteria)

Source of financing Amount (US$ equivalent)

1.

2.

3.

4.

Note: This must be provided by an independent entity such as a bank but not self


EXPERIENCE

Form EXP – 4.1

General Experience

Bidder’s Legal Name: ____________________________ Date: _____________________ JV Partner Legal Name: ____________________________ Bidding No.: ________________ Page _______ of _______ pages

Starting Month /

Year

Ending Month /

Year

Years*


Role of Bidder

______

______

Contract name: Brief Description of the Works performed by the Bidder: Name of Employer: Address:

_________

______

______


_________

______

______


_________

______

______


_________

______

______


_________

______

______


_________

*List calendar year for years with contracts with at least nine (9) months activity per year starting with the earliest year


Form EXP – 4.2(a)

Specific/ similar Experience

Bidder’s Legal Name: ___________________________ Date: _____________________ JV Partner Legal Name: _________________________ Bidding No.: __________________

Page _______ of _______ pages

Similar Contract Number: ___ [insert specific number] of ___[insert total number of contracts required.

Information

Contract Identification _______________________________________

Award date

Completion date

_______________________________________

_______________________________________

Role in Contract Contractor

Management

Contractor

Subcontractor

Total contract amount ____________________________ US$__________

If partner in a JV or subcontractor, specify participation of total contract amount

__________%

_____________

US$_______

Employer’s Name: _______________________________________

Address:

Telephone/fax number:

E-mail:

_______________________________________

_______________________________________

_______________________________________

_______________________________________


Form EXP – 4.2(a) (cont.)

Specific/ similar Experience (cont.)

Bidder’s Legal Name: ___________________________ Page _______ of _______ pages JV Partner Legal Name: ___________________________

Similar Contract No. __[insert specific number] of ___[insert total number of contracts] required

Information

Description of the similarity in accordance with Sub-Factor 2.4.2a) of Section III (Evaluation and Qualification Criteria):

Amount _________________________________

Physical size _________________________________

Complexity _________________________________

Methods/Technology _________________________________

Physical Production Rate

_________________________________


Form EXP – 4.2(b)

Specific Experience in Key Activities

Bidder’s Legal Name: ___________________________ Date: _____________________ JV Partner Legal Name: _________________________ Bidding No.: __________________ Subcontractor’s Legal Name: ______________ Page _______ of _______ pages

Information

Contract Identification _______________________________________

Award date

Completion date

_______________________________________

_______________________________________

Role in Contract Contractor

Management

Contractor

Subcontractor

Total contract amount _________________________ US$________

If partner in a JV or subcontractor, specify participation of total contract amount

__________%

_____________

US$________

Employer’s Name: _______________________________________

Address:

Telephone/fax number:

E-mail:

_______________________________________

_______________________________________

_______________________________________

_______________________________________


Form EXP – 4.2 (b) (cont.)

Specific Experience in Key Activities (cont.)

Bidder’s Legal Name: ___________________________ Page _______ of _______ pages JV Partner Legal Name: ___________________________ Subcontractor’s Legal Name: __________________________

Information

Description of the key activities in accordance with Sub-Factor 2.4.2b) of Section III (Evaluation and Qualification Criteria):

Section V – Bid Submission Forms 5-73

Section V - Eligible Countries

Eligibility for the Provision of Goods, Works and Services in TMEA-Financed Procurement

1. In accordance with TMEA Guidelines for Procurement, TMEA permits firms and

individuals from all countries to offer goods, works and services for TMEA-financed projects. As an exception, firms of a Country or goods manufactured in a Country may be excluded if:

a) As a matter of law or official regulation, the Beneficiary’s Country prohibits commercial relations with that Country, provided that the TMEA is satisfied that such exclusion does not preclude effective competition for the supply of the Goods or Works required, or

b) By an Act of Compliance with a Decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations, the Beneficiary’s Country prohibits any import of goods from that Country or any payments to persons or entities in that Country.

2. For the information of Beneficiaries and bidders, at the present time firms, goods and services from the countries under UN Security Council Chapter VII are excluded from this bidding.

3. Bidders debarred by the World Bank and/ or under the public procurement and disposal act (PPDA) of the Government of Kenya or any of TradeMark East Africa donors or any other international donor agency are barred from bidding.

Section VI – Employer’s Requirements 6-74

PART 2 – Employer’s Requirements

Section VI - Employer’s Requirements

Table of Contents

Specifications ............................................................................................................................................... 75

Drawings .................................................................................................................................................... 141

Supplementary Information ....................................................................................................................... 142


Specifications

The Technical Specifications to be used for this Contract contain two Parts as follows:

PART 1 The Standard Specifications for Road and Bridge Works, Published by the Ministry of Transport and Communication, Kenya 1986.

PART 2 Specifications of Particular Application (SPA)

Part 1 has not been bound into these Tender Documents but can be purchased from the Ministry of Transport and Infrastructure, Nairobi, Kenya.

The Specifications of Particular Application (Part 2) shall compliment, amend or supplement the Standard Specifications for Road and Bridge Works, 1986 (Part 1). Whenever there is conflict, the Provisions of Part 2 shall prevail over those in Part 1.

Clause numbers in the SPA coincide with the numbering as maintained in the Standard Specifications for Road and Bridge Works, 1986 (Part 1).

EQUIVALENCY OF STANDARDS AND CODES

Wherever reference is made in the Contract to specific standards and codes to be met by the goods and materials to be furnished, and work performed or tested, the provisions of the latest current edition or revision of the relevant standards and codes in effect shall apply, unless otherwise expressly stated in the Contract. Where such standards and codes are national, or relate to a particular country or region, other authoritative standards that ensure a substantially equal or higher quality than the standards and codes specified shall be accepted subject to the Project Manager’s 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 Manager’s 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.”


SPECIFICATIONS OF PARTICULAR APPLICATION – PART 2

All the requirements of Part 1 of the Technical Specifications relating to materials, quality and workmanship, together with all tests specified shall be adhered to except where modified by the terms of these Specifications of Particular Application as set forth hereinafter.


Table of Contents- Works Requirements –Specifications of Perticular Application

SECTION 1 - GENERAL ................................................................................................................................... 80 101 Location of Site and Extent of Works ....................................................................................... 80

102 Extent of the Contract ............................................................................................................. 81

103 Contract Drawings ................................................................................................................... 82

104 Programme for the Execution of the Works ............................................................................ 82

105 Order of Execution of Works ................................................................................................... 83

108 Method of Construction .......................................................................................................... 83

109 Notice of Operations ............................................................................................................... 83

119 Use of Explosives ..................................................................................................................... 83

120 Protection of Existing Works and Services ............................................................................... 84

121 Diversion of Existing Services ................................................................................................... 84

124 Provision of Land ..................................................................................................................... 84

126 Materials and Manufactured Articles ...................................................................................... 84

131 Signboards ............................................................................................................................... 85

132 Housing Accommodation for the Engineer and his Staff, Offices and the Resident Engineer with Laboratory and Survey Equipment and Furniture............................................. 85

138 Provision of Vehicles ................................................................................................................ 86

140 Payment of Overtime for Project Manager's Junior Staff ........................................................ 86

143 Compliance with Specifications and Remedial Work ............................................................... 86

144 Availability of Materials ........................................................................................................... 87

145 Environmental Protection and Waste Disposal ....................................................................... 88

146 Demolition and breaking out ................................................................................................... 94

SECTION 2 - MATERIALS AND TESTING OF MATERIALS ................................................................................. 96 202 Testing by the Contractor ........................................................................................................ 96

204 Sieves ....................................................................................................................................... 96

204.1 Sieve Sizes ................................................................................................................................... 96

205 Soils and Gravels ...................................................................................................................... 96

207 Cement .................................................................................................................................... 96

226 Frequency of Testing ............................................................................................................... 96

228 Outline Testing and Inspection by the Project Manager.......................................................... 96

SECTION 5 - EARTHWORKS .......................................................................................................................... 98 505 Construction of Embankments ................................................................................................ 98

508 Compaction of Earthworks ...................................................................................................... 98

509 Mass Haul Diagram .................................................................................................................. 98


510 Spoil Material ........................................................................................................................... 98

511 Borrow Pits .............................................................................................................................. 98

517 Measurement and Payment for Earthworks ............................................................................ 99

SECTION 6 - QUARRIES, BORROW PITS, STOCKPILES AND SPOIL AREAS ...................................................... 100 601 General .................................................................................................................................. 100

605 Safety and Public Health Requirement .................................................................................. 100

607 Site Clearance and Removal of Topsoil and Overburden ....................................................... 100

611 Obtaining Of Borrow Materials .............................................................................................. 100

612 Opening And Working Borrow Pits ........................................................................................ 101

613 Reinstatement Of Borrow Areas ............................................................................................ 102

614 Disposal Of Borrow Material .................................................................................................. 102

SECTION 7 - Excavation and filling for structures ....................................................................................... 103 715 Demolition of Existing Quay Structures ....................................................................................... 103

716 Revetments.................................................................................................................................. 103

717 Handling and Placement of Rock Materials ................................................................................. 107

719 Geotextiles ................................................................................................................................... 109

SECTION 13 – Graded crushed stone subbase AND BASE ........................................................................... 111 1301 Definitions ............................................................................................................................. 111

1304 Crushing,screening and Mixing .............................................................................................. 111

1306 Laying and Compacting Graded Crushed Stone Subbase ...................................................... 111

SECTION 16 – PART B ASPHALT CONCRETE FOR SURFACING ...................................................................... 112 1601B Definition ............................................................................................................................... 112

The Asphalt Concrete shall be Type 1 (High Stability) ........................................................................ 112

1602B Materials for ASPHALT Concrete ........................................................................................... 112

SECTION 16 – PART C DENSE BITUMEN MACADAM FOR BASE ................................................................... 112 1602C Material Requirements .......................................................................................................... 112

SECTION 17 - CONCRETE WORKS ................................................................................................................ 113 1703 Materials for Concrete ........................................................................................................... 113

1704 The Design of Concrete Mixes ............................................................................................... 113

23 Mechanical and Electrical Works ........................................................................................................... 114 23. General .................................................................................................................................. 114

23.1 General and Particular Specifications .................................................................................... 114

23.2 Definitions ............................................................................................................................. 114

23.3 Manufacturer’s Dealerships................................................................................................... 115

23.4 Central Stores ........................................................................................................................ 115

23.5 Plant Outages ........................................................................................................................ 115

23.6 Third Party Inspection ............................................................................................................ 115


23.7 Contractor’s Responsibility for Design ................................................................................... 116

23.8 Drawings, Operation and Maintenance Manual .................................................................... 117

23.9 Standard Specifications Reference Numbers (SSRN) ............................................................. 118

23.10 Tests During Manufacture ..................................................................................................... 119

23.11 Commissioning and Site Performance Trials and Tests ......................................................... 119

23.12 Running-in Period after Commissioning ................................................................................ 119

23.13 Warranty and Defects Liability Period ................................................................................... 119

24. Mechanical Plant and Works .................................................................................................. 121 24.1 Standby Diesel Generator ...................................................................................................... 121

24.2 Toilet Block: Plumbing and Drainage Works .......................................................................... 124

24.2.1 Compliance with General Specifications ................................................................................ 125

24.2.2 Installation Drawings ............................................................................................................. 125

24.2.3 Builders Work Drawings......................................................................................................... 125

24.2.4 Record Drawings .................................................................................................................... 125

24.2.5 Incoming Water Supply and External Works ......................................................................... 125

24.2.6 Cold Water Down Pipe Services ............................................................................................. 126

24.2.7 Painting of Pipework .............................................................................................................. 126

24.2.8 Gate Valves ............................................................................................................................ 126

24.2.9 Sanitary Ware ........................................................................................................................ 126

24.2.10 Drainage System .................................................................................................................... 126

25. Electrical Plant ....................................................................................................................... 127

25.1 Main Electrical Parameters .................................................................................................... 127

25.2 Construction of LV and MV Panels ......................................................................................... 127

25.3 Degree of Protection for Motor Enclosures and Panels ........................................................ 128

25.4 MV and LV Switchboards ....................................................................................................... 128

25.4.1 Substation C ........................................................................................................................... 128

25.4.2 Reefer Control Panels ............................................................................................................ 130

25.4.3 Gate Control Panel ................................................................................................................. 131

25.4.4 Monopole Control Panels ...................................................................................................... 135

25.4.5 Monopoles ............................................................................................................................. 137

25.4.6 Power Cables ......................................................................................................................... 139

25.4.7 Cable and IT/Data underground Ducts and Manholes ........................................................... 139

25.4.8 Power Factor Improvement ................................................................................................... 139

25.4.9 Lightning Protection .............................................................................................................. 140

25.4.10 Electrical Works for Buildings and Structures ........................................................................ 140


SECTION 1 - GENERAL

101 LOCATION OF SITE AND EXTENT OF WORKS The Works are located within the Mombasa Port and confined to the G-Section of the Port, and the access road presently used by traffic to the dockyard. This part of the Port includes the area behind the Lighter Quays from the dockyard to the main entrance gate and Berth 1 and is referred to as Area G (see Figure 1). Large areas of the G-Section are The Works are located within the Mombasa Port and confined to the G-Section 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.

Section VI - Employer’s Requirements 6-81

102 EXTENT OF THE CONTRACT

(a) General

The Works specified under this Contract shall include all general and ancillary works and works of any nature that is deemed necessary for the due and satisfactory construction, completion and maintenance of the Works to the full extent and meaning of the drawings and specifications, whilst complying with all General Conditions of Contract whether specifically mentioned or not in the clauses of the Specifications.

(a) Scope of the Works

The works comprising the contract will be as directed by the Project Manager. The nature of the works is rehabilitation of the G-Section by paving with concrete slab, widening of the access road and revetment works on the quay side.

In summary the works will include: LOT A

Excavation and disposal of unsuitable material from the G-Section.

Subgrade preparation.

Construction of a 150 mm of crushed rock subbase.

Construction of a 350 mm thick fibre reinforced Concrete Slab class 30.

Widening of the existing access road on the North Eastern side to dual carriageway.

Relocation of all existing utilities to a designated area

Construction of a new ISS Gate on the North Eastern Side for entry and exit into the Port.

Construction of a Toilet Block.

Installation of Standby Diesel Generator

Supply and installation of new transformer, 11/0.415 kV

Supply and installation of new Main LV Switchboard in Substation C (MSB)

Supply and installation of six (6) Reefer Control Panels (CPR)

Supply and installation of one (1) Gate Control Panel (CPG)

Supply and installation of two Monopole Control Panels (CPM)

Underground cabling in ducts to the Control Panels from Substation C

Laying of ducts for IT/Data (Cabling for IT/Data will be done by others)

Supply and installation of one (1) monopole and relocation of six (6) monopoles

Supply and installation of small power and lights in Substation C, Gate Canopy and cabins and at the Reefers stands

Attendance to the Works for a 12-month Defects Liability Period following completion of the Works.

For the ISS component the Contractor will be required to provide maintenance for a period of 2 years.


Lot B

Demolition of existing Quay Structures and Construction of New revetment Works on the quayside.

Attendance to the Works for a 12-month Defects Liability Period following completion of the Works.

The works detailed above are only indicative of the scope associated with this Contract and the Project Manager may where necessary substitute some of the works with others without substantially altering the overall Scope of the Works.

The time for completion of the Works in Lot A and Lot B shall be 12 months, running concurrently.

103 CONTRACT DRAWINGS

A book of Drawings accompanies these Contract Documents as a separate DIN A3 size book.

Two complete sets of full sized drawings will be issued to the successful Tenderer herein after referred to as the Contractor, at the commencement of or during the course of the Contract to facilitate the construction of the works in complete conformity with and to the full intent of the Contract. The Contractor will be supplied with additional copies that he may require during the period of the Contract. Such drawings issued to the Contractor may be revised, amended, superseded, or supplemented by further drawings as the Project Manager may from time to time consider necessary for the satisfactory completion of the works.

It shall be the Contractor's responsibility to construct all Works in conformity with the latest revision, amendment or superseding drawings current at the time of construction of such Works, provided always that the Project Manager has given to the Contractor in writing such reasonable prior notices of intention to revise, amend or supersede as the nature of the revision or amendment requires, and the necessary revised, amended or superseding drawings have been issued to the Contractor.

Any delay in issuing revised, amended or superseding drawings shall entitle the Contractor to such reasonable additional payment as may be agreed between the Project Manager and the Contractor or by arbitration, including any abortive work already carried out by the Contractor prior to notice of intent to revise, amend or supersede having been given. The Contractor may be required to demolish, alter and correctly rebuild any part of the Works not in conformity with the drawings currently forming a part of the Contract at the time of construction of such Works at his own expense, provided always that such current drawings had previously been issued to him.

104 PROGRAMME FOR THE EXECUTION OF THE WORKS

(a) The programme shall be deemed to have taken into account normal climatic conditions to provide for the completion of the Works in the order and within the times specified therein.

(b) The information to be supplied to the Project Manager shall include drawings showing the general arrangement of the temporary offices and any other temporary buildings or structures which the Contractor proposes to use, details of the constructional plant, temporary works and all other devices which he proposes to adopt for the construction and completion of the whole of the Works, and in addition, details of the labour strength, skilled and unskilled, and supervision arrangements.


(c) The provision and maintenance of all temporary works, plant, equipment and appliances required for the Works shall be the responsibility of the Contractor in regard to construction, type, sufficiency and safety and approval by the Project Manager shall in no way relieve the Contractor of this responsibility.

(d) The order in which it is proposed to execute the permanent works shall be subject to adjustment and approval by the Project Manager, and the Contract Price shall be held to include for any reasonable and necessary adjustments required by the Project Manager during the course of the Works.

(e) The Contractor shall carry out the Contract in accordance with the programme agreed with the Project Manager but he shall in no manner be relieved by the Project Manager's approval of the programme of his obligations to complete the Works in the prescribed order and by the prescribed completion date, and he shall from time to time review his progress and make such amendments to his rate of execution of the Works as may be necessary to fulfil these obligations.

(f) Once the proposed programme is approved by the Project Manager, the Contractor shall not depart from the programme without the written consent of the Project Manager. In the event of unforeseen difficulties or disturbances arising which force the Contractor to depart from the approved programme of Works, he shall advise the Project Manager in writing of such occurrences without delay and submit proposals for any necessary remedial measures, for which he shall obtain the Project Manager's approval before putting such measures into effect.

105 ORDER OF EXECUTION OF WORKS

In addition to Clause 105 of the Standard Specification, the Contractor shall carry out the Works such that a continuous and consecutive output of fully completed work is achieved.

108 METHOD OF CONSTRUCTION

Delete the first sentence in the third paragraph of the Standard Specification and insert instead:

The Project Manager's Representatives' normal working hours shall be 8 hours from Monday to Friday and 5 hours on Saturday with Sunday set aside for rest.

109 NOTICE OF OPERATIONS

Add the following Sub- Clauses:

109.1 Notification Terms

It shall be the Contractor's responsibility to notify the Project Manager when any item of Works are completed and ready for approval, and the Contractor shall give sufficient notice to allow control test to be performed.

119 USE OF EXPLOSIVES

The Contractor shall ensure that he complies with the current Government regulations with regard to explosives. No explosives of any kind shall be used within any Part or area of operation within the Port.


120 PROTECTION OF EXISTING WORKS AND SERVICES

The appropriate provisions of Section 1 of the Standard Specifications as regards the protection of existing works and services shall be adhered to in all respects.

The Contractor's attention is drawn to the fact that it is essential to maintain existing power, telephone, water, ICT, fibre optic, sewage and other services throughout the Contract Period.

The Contractor shall give every assistance to Engineers of the Telkom Kenya, the Kenya Power & Lighting Co. Ltd., the Ministry of Water Development and other relevant authorities to maintain the serviceability of their installations.

121 DIVERSION OF EXISTING SERVICES

If it should become necessary, for the proper execution of the work, temporarily, to remove or divert any existing pipe, cable, drain or other service, the Contractor shall obtain permission from the competent authority or owner for removal or diversion to be effected service. The Contractor shall carry out all necessary work in such a manner and at such times as may be approved by such authority or owner. The cost of all removal, diversion and reinstatement and all things connected therewith shall be paid for by the Employer through the Construction Contract.

If in the opinion of the Project Manager or of the competent authority or owner it should become necessary permanently to remove or realign any existing pipe, cable or other service, the Contractor shall obtain permission from the competent authority or owner for the removal or realignment to be effected. The Contractor shall carry out all necessary work in such a manner and at such times as may be approved by such authority or owner and the completed work shall be to the satisfaction of such authority or owner. The cost of all permanent removal and realignment and all things connected therewith shall be paid for by the Employer through the Construction Contract.

Any of the work involving repair, replacement of existing pipes, cables or other services shall be carried out by the competent authority or owners if they so desire, in which case the Contractor shall allow them the facilities and assistance they may require and shall pay the full expense of such work and all things connected therewith in the first instance, but the cost shall be paid for by the Employer through the Construction Contract.

The Contractor shall allow in his rates for the programming of his work to allow for the necessary diversion of any services.

124 PROVISION OF LAND

The Contractor shall bear the costs of provision of any land he may require in respect of his own camps, offices, houses, temporary works, including Land for quarries and borrow pits, the cost of which shall be deemed to be included in his rates.

126 MATERIALS AND MANUFACTURED ARTICLES

Notwithstanding the provision of Clause 126 of the Standard Specifications, the Contractor's attention is drawn to his obligation with regard to quality and delivery schedule of materials and goods obtained from suppliers.

Should the Project Manager at any time be dissatisfied with any goods and materials intended for use or used by the Contractor upon the Works, he shall be empowered to reject goods and materials and shall order that they be replaced by others of acceptable quality. Any more


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 m² 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,


complete with office desks, printer, fridge, air conditioner and chairs and sanitation facilities, for the Project Manager’s and his team’s 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 Manager’s Representative.

a) One (1 No) Toyota Saloon, or similar, with a petrol engine, minimum capacity of 1,800 cc. with Air Conditioner, CD/MP3 player, Air Bags, Central Locking, Automatic Transmission and Power Steering, for each Lot.

The vehicles will be for the sole use of the Project Manager.

Ownership of all the vehicles to revert to the Contractor on completion of the contract.

140 PAYMENT OF OVERTIME FOR PROJECT MANAGER'S JUNIOR STAFF

Delete this clause entirely and substitute with:

"If the Contractor wishes to execute permanent work outside the Project Manager's normal working hours, as stated in Clause 108 of the Special Specification then the payment for the overtime for the Project Manager's Junior Staff shall be reimbursed in full, by the Contractor to the Project Manager's Representative including a percentage for administrative overheads.

If the Contractor wishes to execute works on the regular basis outside the Project Manager's normal working hours (Clause 108) over a prolonged period, the Project Manager may, if he deems necessary, employ additional supervisory staff for which the required salaries including the percentage for administrative overheads shall be reimbursed in full by the Contractor to the Project Manager's Representative and the Contractor shall provide the required adequate accommodation facilities for such staff at his own costs.

The Contractor shall not be reimbursed any of these costs."

143 COMPLIANCE WITH SPECIFICATIONS AND REMEDIAL WORK

All materials, plant, labour and workmanship in and connected with the execution of the works shall be the best of their respective kinds without regard to any trade terms and the Contractors shall comply to these and in all other respects with the relevant clauses and shall carry out the contract in a proper and workmanlike manner and in strict accordance with the working drawings and instructions of the Project Manager.


When any part of the Works or any plant or material is found upon examination by the Project Manager not to conform to the requirements or is at any stage before final acceptance damaged so that it no longer conforms to the requirements of the Specifications, the Project Manager may order its complete removal and replacement, at the Contractor's expense, with satisfactory work, plant or material or he may permit the Contractor to apply remedial measures in order to make good any such defects or damage. The actual remedial measures taken shall at all times be entirely at the Contractor's own initiative, risk and cost, but subject to the Project Manager's approval regarding the details thereof.

In particular remedial measures must ensure full compliance with the Specifications for the final product, shall not endanger or damage any other part of the Works and shall be carefully controlled and submitted to the Project Manager for examination when completed or at any intermediate stage as may be required.

For the guidance, an indication is given below of what would normally be required in the more common cases of defects or damage, but the Project Manager will in no way be bound to approve of or adhere to the measures given below as the actual remedial measures will be dictated by the circumstances of each particular case.

(a) Earthworks

(i) Where a cut slope has been over excavated or under cut, backfilling will not normally be allowed and the entire slope may have to be re-trimmed to obtain a uniform slope.

(ii) Where the floor of a cutting has been taken too deep, it will normally require backfilling and re-compaction with selected gravel in the case of soil or gravel excavation and with crushed stone material or suitably sized rock in the case of hard excavations. All necessary measures shall be taken to drain away ground water that may accumulate in backfilled sections.

(iii) Excess width of fills will have to be trimmed back.

(iv) Where erosion has damaged the surface of cuts or fills the damage shall be made good by backfilling with suitable material and re-trimming. In more serious cases the slopes may have to be cut back and back-filled by benching and compaction to the required standard of compaction with suitable small equipment and then re-trimmed.

(b) Local Defects in Pavement Layers

Where remedial measures are taken to make good local defects, the length and width of the area to be repaired by machines shall be such as will be necessary to accommodate the full width of the machines used and a reasonable length to ensure effective operation.

The depth to which material will have to be removed will depend on the type of material. Gravel will require breaking up to a depth of at least 75mm and crushed stone will usually require breaking up over its full depth. Asphalt material will normally require removal for its full depth.

(c) Concrete

Concrete work will normally require the cutting back and complete removal of any weak or honeycombed sections and making good using special epoxy adhesives to bind fresh concrete to old concrete. Cracks when permitted to remain, shall be injected with suitable epoxy compounds and test cores drilled to test the efficiency of the injection process.

144 AVAILABILITY OF MATERIALS, WATER AND POWER SUPPLY


The Contractor shall be responsible for obtaining all materials from any local or foreign source. The Employer shall not be liable for any additional costs due to shortage of materials.

The material located by the Contractor shall be subject to the approval of the Project Manager before use in the Works.

The Contractor shall be responsible for the provision of clean water supply for the Works and for making his own Power Supply Connections and related payment of all charges associated with the provision and use of these.

145 ENVIRONMENTAL PROTECTION AND WASTE DISPOSAL

The contractor shall ensure so far as reasonably practicable to the satisfaction of the Supervisor that the impact of the construction on the environment shall be kept to a minimum and that appropriate measures are taken to mitigate any adverse effects during construction.

a) After extraction of materials, all borrow pits shall be back-filled to the satisfaction of the Project Manager. In particular borrow pits near the road sides shall be backfilled in such a way that no water collects in them. However, if a borrow pit is located at such a site where water that may collect in it can be used by the local people without creating conflict, then such borrow pits could be improved to remain as a water pan upon completion of works.

The Project Manager will issue instructions regarding such borrow areas during the time of construction.

a) Spilling of bitumen, fuels, oils and other pollutants shall be cleaned up immediately by the Contractor.

145.1 Landscape Preservation

(a) General

The Contractor shall exercise care to preserve the natural landscape and shall conduct his construction operations so as to prevent any unnecessary destruction, scarring or defacing of the natural surroundings in the vicinity of the Works. Except where clearing is required for permanent works, approved construction roads or excavation operations, all trees, native shrubbery and vegetation shall be preserved and shall be protected from damage by the Contractor's construction operations and equipment. The edges of clearing and cuts through trees, shrubbery and vegetation shall be irregularly shaped to soften the undesirable visual impact of straight lines. Movement of labour and equipment within the right-of-way and over routes provided for accesses to the Works shall be performed in a manner to prevent damage to grazing land, crops or property.

Except as otherwise provided in Section 5 of the Specification, special reseeding or replanting will not be required under these specifications; however, on completion of the Works, all work areas not seeded shall be scarified and left in a condition which will facilitate natural re-vegetation, 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.


(b) Construction Roads, Access Roads and Haulage Routes

The location, alignment and grade of construction roads shall be subject to the approval of the Project Manager. When no longer required by the Contractor, construction roads shall, if required by the Project Manager, be restored to the original contour and made impassable to vehicular traffic. The surfaces of such construction roads shall be scarified as needed to provide a condition which will facilitate natural re-vegetation, provide for proper drainage and prevent erosion.

(c) Construction Facilities

The Contractor's workshops, office and yard area shall be located and arranged in a manner to preserve trees and vegetation to the maximum practicable extent. On abandonment, all temporary buildings, including concrete footings and slabs and all construction materials and debris shall be removed from the site. The area shall be re-graded, as required, so that all surfaces drain naturally, blend with the natural terrain and are left in a condition that will facilitate natural re-vegetation, provide for proper drainage and prevent erosion.

(d) Blasting Precautions

In addition to any requirements of local regulations, the Contractor shall adopt precautions when using explosives, which will prevent scattering of rocks, stumps or other debris outside the Work area and prevent damage to surrounding trees, shrubbery and vegetation. Blasting should be done during the day, and residents within the vicinity of the blast site should be given ample warning including the time and date of the blasting operation.

145.2 Preservation of Trees and Shrubbery

(a) Preservation

All trees and shrubbery which are not specifically required to be cleared or removed for construction purposes shall be preserved and shall be protected from any damage that may be caused by the Contractor's construction operations and equipment. The Contractor shall plant trees at locations defined by the Project Manager and special care shall be exercised where trees or shrubs are exposed to injuries by construction equipment, blasting, excavating, dumping, chemical damage or other operations; and the Contractor shall adequately protect such trees by use of protective barriers or other methods approved by the Project Manager. The removal of trees or shrubs will be only after prior approval by the Project Manager.

The layout of the Contractor's construction facilities such as workshops, warehouses, storage areas and parking areas; location of access and haul routes; and operation in borrow and spoil areas shall be planned and conducted in such manner that all trees and shrubbery not approved for removal by the Project Manager shall be preserved and adequately protected from either direct or indirect damage by the Contractor's operations.

Except in emergency cases or when otherwise approved by the Project Manager, trees shall not be used for anchorages. Where such use is approved, the trunk shall be wrapped with a sufficient thickness of approved protective material before any rope, cable or wire is placed.

(b) Repair or Treatment of Damage

The Contractor shall be responsible for injuries to trees and shrubs caused by his operations. The term ''injury1' shall include, without limitation, bruising, scarring, tearing and breaking of roots, trunk or branches. All injured trees and shrubs shall be repaired or treated without


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. De-watering work for structures foundations or earthwork operations adjacent to, or encroaching on, streams or watercourses shall be conducted in a manner to prevent muddy water and eroded materials from entering the streams or watercourses by construction of intercepting ditches, bypass channels, barriers, settling ponds or by other approved means. Excavated materials or other construction materials shall not be stockpiled or deposited near or on stream banks, lake shorelines or other watercourse perimeters where they can be blown away or washed away by high water or storm runoff or can in any way encroach upon the watercourse itself.

Wastewater from aggregate processing, concrete batching, or other construction operations shall not enter streams, watercourses or other surface water without the use of such turbidity control methods as settling ponds, gravel-filter entrapment dykes, approved flocculating processes that are not harmful to fish, recirculation systems for washing of aggregates or other approved methods. Any such wastewater discharged into surface waters shall contain the least concentration of settleable material possible. For the purpose of these Specifications, settleable material is defined as that material which will settle from the water by gravity during a 1-hour quiescent detention period.

(b) Compliance with Laws and Regulations

The Contractor shall comply with all applicable Kenyan Laws, orders, regulations and water quality standards concerning the control and abatement of water pollution.

145.4 Abatement of Air Pollution

The Contractor shall comply with applicable Kenyan laws and regulations concerning the prevention and control of air pollution.

Notwithstanding the above in conduct of construction activities and operation of equipment, the Contractor shall utilize such practicable methods and devices as available to control, prevent and otherwise minimize atmospheric emissions or discharges of air contaminants.

Such practicable methods and devices include transport of water over long distances in tankers and/or provision of water extracted from new boreholes, as necessary to meet the applicable laws and regulations.

Equipment and vehicles that show excessive emissions of exhaust gases due to poor engine


adjustments or other inefficient operating conditions shall not be operated until corrective repairs or adjustments are made.

Burning of materials resulting from clearing of trees and brush, combustible construction materials and rubbish will be permitted only when atmospheric conditions for burning are considered favourable and when authorised by the Project Manager. In lieu of burning, such combustible materials may be disposed of by other methods as provided in Sub clause 145.9 hereof. Where open burning is permitted, the bum piles shall be properly constructed to minimise smoke and in no case shall unapproved materials, such as tires, plastics, rubber products, asphalt products or other materials that create heavy black smoke or nuisance odours, be burnt.

145.5 Dust Abatement

During the performance of the work required by these Specifications or any operations appurtenant thereto, whether on the right-of-way provided by the Employer or elsewhere, the Contractor shall furnish all the labour, equipment, materials and means required and shall carry out proper and efficient measures wherever and as often as necessary to reduce the dust nuisance and to prevent dust which has originated from his operations from damaging crops, orchards, cultivated fields and dwellings or causing a nuisance to persons. The Contractor will be held liable for any damage resulting from dust originating from his operations under these Specifications on the right-of way or elsewhere. The Project Manager may direct sprinkling or other measures for dust abatement if necessary to obtain adequate control.

The cost of complying with this paragraph shall be included in the prices tendered in the Bill of Quantities for other items of Work.

145.6 Noise Abatement

The Contractor shall comply with applicable Kenyan laws, orders and regulations concerning the prevention, control and abatement of excessive noise. The movement of heavy vehicles should be restricted to working hours.

145.7 Preservation of Historical and Archaeological Data

Should the Contractor or any of his employees in the performance of his contract discover evidence of possible scientific, pre-historical or archaeological data, he will notify the Project Manager immediately giving the location and nature of the finding. Written confirmation shall be forwarded within 2 days. The Contractor shall exercise care so as not to damage artefacts or fossils uncovered during excavation operations and shall provide such co-operation and assistance as may be necessary to preserve the finds for removal or other disposition by the Employer.

Where appropriate by reason of a discovery, the Project Manager may order delays in the time of performance or changes in the Work or both. If such delays or changes or both are ordered, the time of performance and Contract Price shall be adjusted in accordance with the General Conditions of Contract.

The Contractor shall insert this Sub-Clause in all Subcontracts, which involve the performance of Work on the terrain of the site.


145.8 Pesticides

Pesticides include herbicides, insecticides, fungicides, rodenticides, pesticides, surface disinfectants, animal repellents and insect repellents.

Should the Contractor find it necessary to use pesticides in Work areas of this contract, he shall submit his plan for such use to the Project Manager for written approval. The Contractor shall read and comply with all labelling requirements when using pesticides.

The cost of complying with this Sub-Clause shall be included in the prices tendered in the Bill of Quantities for other items of Work.

145.9 Cleanup and Disposal of Waste Materials

(a) Cleanup

The Contractor shall, at all times, keep the construction area, including storage areas used, free from accumulations of waste materials or rubbish. All waste water and sewage from office, residential and mobile camps shall be piped to soak pits or other disposal areas constructed in accordance with local government regulations, and where and when such regulations require it, the Contractor shall obtain a permit or other appropriate documentation approving the disposal methods being used.

All used fuels, oils, other plant or vehicle fluids and old tyres and tubes shall be collected to a central disposal point, on a regular basis and disposed of as specified below. All household, office, workshop and other solid waste shall be collected to a central disposal area, on a daily basis and disposed of in a manner approved by the Project Manager.

Servicing of plant, equipment and vehicles shall whenever possible be carried out at a workshop area. This workshop area shall be equipped with secure storage areas for fuels oils and other fluids constructed in such a way as to contain any spillages which may occur and similar storage where used fluids can be stored securely prior to their disposal.

When servicing of plant, equipment and vehicles is carried out away from the workshop area it shall be done at locations and in such a manner as to avoid spillage and contamination of streams and other drainage courses. Any spillages shall be cleaned up by either burning in place or collecting the contaminated soils and burning them at the central disposal area, all to the satisfaction of the Project Manager.

Prior to completion of the Work, the Contractor shall remove from the vicinity of the Work all plant facilities, buildings, rubbish, unused materials, concrete forms and other like material, belonging to him or used under his direction during construction. All Work areas shall be graded and left in a neat manner conforming to the natural appearance of the landscape as provided in Sub-Clause 145.1.

Any residue deposited on the ground from washing out transit mix trucks or any similar concrete operations shall be buried or cleaned up in a manner acceptable to the Project Manager.

In the event of the Contractor's failure to perform the above work, others may be engaged to perform the work at the expense of the Contractor.

(b) Disposal of Waste Material


(i) 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 non-combustible materials shall be by burying, where burial of such materials is approved by the Project Manager, or by removal from the construction area. Waste materials removed from the construction area shall be dumped at an approved dumping site.

(i) Disposal of Material by Burying.

Only materials approved by the Project Manager may be buried. Burial shall be in pits the location, size and depth of which shall be approved by the Project Manager. The pits shall be covered by at least 0.6 m of earth material prior to abandonment.

(iii) Disposal of Material by Burning

All materials to be burned shall be piled in designated burning areas in such a manner as will cause the least fire hazards. Burning shall be thorough and complete and all charred pieces remaining after burning, except for scattered small pieces, shall be removed from the construction area and disposed of as otherwise provided in this Sub-Clause.

All burning activities are to be supervised. The Contractor shall, at all times, take special precautions to prevent fire from spreading beyond the piles being burned and shall be liable for any damage caused by his burning operations. The Contractor shall have available, at all times, suitable equipment and supplies for use in preventing and suppressing fires and shall be subject to all laws and regulations locally applicable for pre-suppression, suppression and prevention of fires.

(iv) Disposal of Material by Removal

Material to be disposed of by removal from the construction area shall be removed from the area prior to the completion of the Work under these Specifications. All materials removed shall become the property of the Contractor.

Materials to be disposed of by dumping shall be hauled to an approved dump. It shall be the responsibility of the Contractor to make any necessary arrangements with private parties and with local officials pertinent to locations and regulations of such dumping. Any fees for charges that are to be paid for dumping of materials, shall be paid by the Contractor, and shall be included in the prices tendered in the Bill of Quantities for other items of Work.

Hunting and other Use of Natural Resources:

(i) The Contractor is required to prohibit his workers from hunting, trapping, killing or other use of natural resources (with the exception of vermin) on the site or on adjacent lands.

(ii) Both solid and liquid waste including empty containers should be managed in such a manner as to avoid exposing wildlife/livestock to possible poisoning or disease infection. Empty containers should not be strewn carelessly but disposed of in a responsible manner


(v) Fuel wood or charcoal as well as rustic construction wood required for fencing or general construction should preferably be harvested in a controlled manner, and clearing or felling of trees or shrubs in an area should be forbidden.

145.11 Fire and Prevention

a) The Contractor shall prepare and carry out an effective fire-protection and prevention Programme covering all phases of construction under this contract. The plan shall be submitted to the Project Manager, prior to the start of construction operations. At the option of the Contractor, the fire-protection and prevention Programme may be incorporated into a safety Programme.

b) The Contractor shall provide and maintain in a ready condition near each active work location a fire-tool cache consisting of at least one 19 litre back pump filled with water, two axes, two McLeod tools, and enough shovels to equip five workers for firefighting purposes. A sufficient number of employees familiar with use of the equipment shall be available at all times when work is in progress. In the event of a fire resulting from project operations, the local fire-protection agency having jurisdiction shall be notified, and the Contractor shall take immediate control action with any and all available equipment and manpower.

c) In areas where significant fire hazard exists as determined by the Project Manager, the Contractor shall provide a fire patrol for 1 hour after shutdown of construction operations each day during the dry season

d) In areas where grass, bush, or other natural fuels are present and where roads or creek beds will not serve the purpose, the Contractor shall establish a firebreak on the uphill side of the project. The firebreak shall be within the right-of-way acquired by the Employer.

145.12 Measurement and Payment for Environment Protection and Waste Disposal

Except as specifically included in the Bill of Quantities or otherwise provided above, no separate measurement or payment will be made for any work included in this Clause, and relevant cost of all these requirements shall be included by the Contractor in his rates in the Bill of Quantities for other items of Work.

146 DEMOLITION AND BREAKING OUT

General

The Contractor shall demolish, break out wholly or partially and remove all structures and superficial obstructions on the Site as shown on the Drawings, as described in the Specification or as instructed by the Project Manager

Method of Demolition or breaking out

The methods of demolition and breaking out shall be submitted to the Project Manager for consideration 4 weeks before such work is due to begin. Any approval given under this Clause shall in no way relieve the Contractor of his contractual obligations.

Removal of existing steelwork

All steel fixings, p o l e s , brackets supporting services etc. that require to be removed from the works shall be unbolted or cut off using methods to be approved by the Project Manager.


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.


SECTION 2 - MATERIALS AND TESTING OF MATERIALS

202 TESTING BY THE CONTRACTOR

Add the following paragraph to Clause 202 of the Standard Specifications:

The onus rests with the Contractor to produce work which confirms in quality and accuracy of detail to the requirements of the Specifications and drawings, and the Contractor must, at his own expense institute a quality control system to ensure adequate supervision and positive control of the Works at all times, and the Contractor must provide chainmen and surveyor for the Project Manager to carry out checks on the Works.

The Contractor shall submit to the Project Manager the results of the relevant tests, measurements and levels indicating compliance with the specifications on completion of every part of the work.

The Contractor shall make his laboratory accessible to the Project Manager’s Representative for cross checking the test results and inspection during material testing in the laboratory.

204 SIEVES

Amend the following:-

204.1 SIEVE SIZES

A standard set of sieves for general use shall consist of the following sieve sizes mm: 100-63-50-37.5-25-20-14-10-6.3-5-42-1-0.6-0.5-0.425-0.300-0.150-0.075mm.

The sieves from 0.425 to 0.075 mm shall be suited for wet sieving.

205 SOILS AND GRAVELS

Whenever in the Contract Documents a minimum California Bearing Ratio (CBR) is specified, the CBR of the materials shall be determined at the specified state of compaction.

(a) after four days soaking in the case of neat materials, and

(b) after seven days curing plus seven days soaking in the case of cement or lime improved materials.

207 CEMENT

Delete “KS 02-21” and replace with “KS 1725 2001 CEM 1 42.5”

226 FREQUENCY OF TESTING

In (i) (ii) (iii) and (iv) delete “T99” and substitute “T180” instead.

228 OUTLINE TESTING AND INSPECTION BY THE PROJECT MANAGER

The Project Manager will at regular intervals inspect and test materials and completed work for compliance with the specified requirements. Samples and lot sizes for routine testing shall be at the Project Manager’s discretion.


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.


SECTION 5 - EARTHWORKS

505 CONSTRUCTION OF EMBANKMENTS

In Clause 505 of the Standard Specification in paragraph 3 line 2 delete "25" and substitute "60" and in paragraph 3, line 3 delete "8%" and substitute "6%".

Unsuitable material shall include the following:

Material containing more than 5% by weight of organic matter such as topsoil, humus, materials from swamps, mud, log stumps and perishable material;

Material with a swell of more than 3%

Clay with a Liquid Limit exceeding 50%

Material having a moisture content greater than 105% of OMC in its naturally occurring state.

Only material approved by the Project Manager shall be used for construction of fills and subgrade.

Material with a natural moisture content exceeding the optimum moisture content shall not be used for the construction of embankments, unless specifically directed by the Project Manager in writing. During the "short" and the "long" rains the material is expected to contain a high residual moisture content. The above material can be used in the work if allowed to dry out sufficiently to the satisfaction of the Project Manager.

508 COMPACTION OF EARTHWORKS

In the second paragraph, delete items (i), and replace with the following:

(i) All fill material in embankment: 97% of MDD (AASHTO T99)

Moisture content of suitable fill material or in-situ materials beyond 105% of the Optimum Moisture Content during compaction shall be brought by drying out the material, to moisture content ranges stipulated for different layers in Clause 508 of the Standard Specification.

509 MASS HAUL DIAGRAM

Delete this clause entirely and substitute “No mass haul diagram has been provided. The Contractor shall be responsible for locating suitable materials for constructing earthworks and shall include in his rates for fill and spoil the cost of haulage required.”

510 SPOIL MATERIAL

The Contractor's attention is drawn to the fact that no payment for spoil of unsuitable material will be made, unless the Project Manager has instructed to spoil such material.

511 BORROW PITS

Clause 511 of the Standard Specification is deleted, and substituted by the following.

Fill material which is required in addition to that provided by excavation shall be obtained from borrow pits to be located by the Contractor and approved by the Project Manager. The Contractor will be entirely responsible for locating suitable sources of borrow material for fills.

Once the Contactor has identified the materials sources to be used, he will be responsible for


acquiring or leasing such land at his own cost, and such costs shall be deemed to be included in the Contractor’s rates.

The Project Manager may direct that materials be selected in borrow pits for "fill in soft material", and that other materials be excluded. The Contractor's rates shall include for all such requirements plus the cost of site clearance, selection of materials, double handling, stockpiling and provision of adequate supervision in every borrow pit to ensure that approved material is not contaminated with unsuitable material.

Unsuitable material shall be spoiled in accordance with the second paragraph of Clause 510 of the Standard Specification. Borrow pits shall be excavated to regular widths and shapes and shall be cleaned up on completion so that the sides are neatly trimmed and bottoms levelled and drained away from the works all in accordance with the provisions of Section 6 of the Standard Specification.

The Contractor shall propose to the Project Manager the haulage route he intends to use for the haulage of material, and shall not divert from this route without the approval of the Project Manager. The Contractor shall be responsible for the maintenance of this selected route, at his own cost.

517 MEASUREMENT AND PAYMENT FOR EARTHWORKS

Notwithstanding the provisions of Clause 517 of the Specifications, the Contractor shall have included in his rates for fill all costs for providing such material irrespective whether the material is originating from "Cut" or "Borrow". No separate payment will be made for opening up, operating and landscaping after use of a borrow area.

Delete in Clause 517 the third paragraph and its sub-clauses numbered (i) to (iv).

Delete in Standard Specification Clause 517(e) and substitute with “No separate payment shall be made for earthworks overhaul and all transportation of material whether in fill, spoil or otherwise shall be regarded as free-haul. The Contractor shall be deemed to have included for all necessary hauls in the relevant item for earthworks.”


SECTION 6 - QUARRIES, BORROW PITS, STOCKPILES AND SPOIL AREAS

601 GENERAL

Notwithstanding the provisions of this Clause, the Contractor shall be responsible for locating and identifying sources and locations for borrow material, quarries, stockpiles and spoil areas. All such sources and locations subject to the approval of the Project Manager.

The Project Manager will not make available to the Contractor any land for quarries, borrow pits, stockpiles, and spoil areas.

The Contractor will be entirely responsible for locating suitable sources of material complying with the specification and for the procuring, winning, haulage, to the site of materials and all costs involved therein. Similarly the Contractor will be responsible for the provision and costs involved in providing suitable areas for stockpiling materials and spoil dumps.

No additional payment will be made to the Contractor to cover costs arising from the requirement for this clause and the Contractor must include these cost in the rates inserted in the Bills of Quantities.

605 SAFETY AND PUBLIC HEALTH REQUIREMENT

Add the following to Clause 605:

"When working the material sites, the Contractor shall time and arrange his works in such a way that at no times the public safety is endangered in any way."

607 SITE CLEARANCE AND REMOVAL OF TOPSOIL AND OVERBURDEN

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

611 OBTAINING OF BORROW MATERIALS

(a) Borrow Pit Locations

Borrow material shall be located and obtained by the Contractor. Borrow material shall comply with the requirements of these Specifications for the use for which the material is intended.

The Contractor shall search for and test all possible sources of borrow material including any possible sources so designated by the Project Manager, within an economic distance of the location where the borrow material is to be utilized.

The Contractor shall excavate the necessary trial holes, take such samples and perform such tests as are deemed necessary by the Project Manager. The Contractor shall submit all the results to the Project Manager in sufficient detail to satisfy him that the quality and quantity of material available in the proposed borrow area is accep table for the


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 rel ieve the Contractor of the responsibility of ensuring that material obtained from a borrow pit or area complies in all respects with the specification for the material.

The Contractor shall plan his exploitation of the borrow pit in such a manner that the various materials excavated can be selected and either loaded directly for use or pushed to stockpile in a borrow area for later loading.

612 OPENING AND WORKING BORROW PITS

(a) Clearing and Grubbing, Topsoil and Overburden

The Contractor's rate for borrowed material must include for clearing and grubbing and the removal of topsoil and overburden.

(b) Excavation of Borrow Material

Where any borrow pit contains different types of materials, in separate layers which require to be mixed in order to produce a suitable product, the materials shall be excavated over the full depth of approved face in one operation without separation of the different types of material.

The Contractor shall exercise all reasonable care so as to avoid contamination of approved borrow material by the inclusion of clayey or otherwise unsuitable material from the floor of the borrow pit, from overburden, from unsuitable layers or from areas beyond the approved limits of the borrow area. During loading hard oversize material which will not break down during processing on the road shall be excluded as far as is practicable.

During the course of borrow operations and especially when excavating near the floor and outer boundaries of borrow areas, the Contractor shall plan his operations so a s to reduce as far as possible the amount of earthmoving that will be necessary for the reinstating of borrow pits. Indiscriminate excavation without due regard for the desired final shape of the borrow pit will not be permitted.

The material in borrow pits shall be blasted or ripped and/or excavated in a manner that will ensure the effective breaking down of the material in the borrow pit before it is loaded. Rippable material which tends to break into large blocks shall be cross ripped.

(c) Quality Control at Borrow Pit


The Contractor shall be responsible for controlling his operations at every borrow pit where material is being excavated, to ensure compliance with the requirements of Sub -section (b) above.

He shall carry out sufficient tests on the material being excavated from the borrow pit in order to satisfy himself that the quality of the material will comply with the specified requirements for the particular layer for which it will be used.

(d) Protection of Borrow Pit

Borrow pits shall be continuously protected against the ingress of surface water and the Contractor shall construct such temporary banks as may be required to divert surface water and as far as possible his operations shall be planned in such a way that the borrow pit is self-draining. Where this is not possible, borrow pits shall be dewatered by pumping. The Contractor shall be solely responsible for keeping borrow areas dry and ensuring that borrow material is sufficiently dry when required for use.

613 REINSTATEMENT OF BORROW AREAS

On completion of his operations in a borrow area, the Contractor shall reinstate the entire area so as to blend with the surrounding area and to permit the re -establishment of vegetation. For this purpose the borrow area shall be shaped to even contours. All material in and around the borrow area, whether spoil from road building operations, excess stock-piled material, oversize material left in the borrow pit, material resulting from clearing and grubbing operations and excess overburden, shall be used or di sposed off as directed by the Project Manager. Material not capable of supporting vegetation shall be buried and used in shaping the borrow area and subsequently covered with soft material. All available soft material shall be spread evenly to the thicknes s directed and where sufficient material is not available for this purpose to cover the entire area, the remaining portions shall be scarified along the contours so as to avoid undue erosion.

All haul roads shall be obliterated and the surface scarified, earth banks constructed to prevent erosion and all damaged fences and other structures reinstated.

The shaping and reinstatement of the borrow pit shall be done in such a way that the borrow pit will be properly drained whenever practicable and where requir ed, the Contractor shall place earth banks to divert any surface water away from the borrow area.

The reinstatement of any borrow pit shall be to the entire satisfaction of the Project Manager, and the Contractor shall submit to the Project Manager a signed certificate from the landowner stating that he is fully satisfied with the reinstatement of any borrow area.

614 DISPOSAL OF BORROW MATERIAL

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


SECTION 7 - EXCAVATION AND FILLING FOR STRUCTURES

715 DEMOLITION OF EXISTING QUAY STRUCTURES

Scope of Work

The works specified in this section comprise demolition, removal and disposal of:

1. The existing gravity quay wall at North Lighter Quay, see drawings LQ-QS-A, LQ-QS-A2 and LQ-QS-A3

2. The two eastern stub head jetties at the South Lighter Quays, see drawing LQ-QS-B2 3. The existing revetment at North and South Lighter Quays, see drawing LQ-QS-B

The work includes the provision of all labour, plant and equipment required for safe demolition and disposal of the demolished materials in a safe manner in an appropriate licensed facility in accordance with the Drawings, these Specifications and instructions from the Project Manager.

Materials

Rock materials form existing revetments shall be reused for new revetments where rock materials comply with the material specification.

Planning of Works

Before the commencement of any demolition works the Contractor shall submit his method statement of the removal, demolition and disposal of the structures to the Project Manager.

Approval of the Contractor's method statement shall be given subject to the Employer's requirements to co-ordination and the actual extent of the works.

Note: It is anticipated that the ground behind the North and South Lighter Quays is unstable and not accessible with heavy construction equipment. It is therefore advised to execute the demolition works from the water side utilizing floating equipment (e.g. pontoon with excavator).

Workmanship

Items, which are deemed not to be suitable for reuse, shall be carted away to a licensed dump site selected by the Contractor.

Existing structures, which shall not be removed, have to be protected by the Contractor. If they are damaged by the demolitions works, they shall be repaired or replaced at the Contractor’s own expense and to the satisfaction of the Project Manager. The Contractor shall protect the environment from contamination including avoiding loss of polluting elements in the structures.

Dump Site

All material, which may be reused shall be handed over to the Employer at an area within 1,000 m from the site and as directed by the Employer.

All debris from the demolition works which shall be removed and disposed of at a licensed facility.


716 REVETMENTS

Scope of Work

The works specified in this section comprises supply and installation of rock material and geotextiles in revetments for protection of existing shoreline.

The ground landwards of the North and South Lighter Quays is unstable. It is assumed that the revetment works have to be executed using floating equipment. An access to the slope area with heavy equipment is not permitted unless the Contractor can prove the stability.

References

/1/ EN 932 Test for general properties of aggregates

Part 1 Methods for sampling

Part 5 Common equipment and calibration

/2/ EN 13383 Armourstone

Part 1 Specification

Part 2 Test Methods

/3/ EN ISO 9863 Geosynthetics - Determination of thickness at specified pressures

Part 1: Single layers

/4/ EN ISO 9864 Geosynthetics - Test method for the determination of mass per unit area of geotextiles and geotextile-related products

/5/ EN ISO 10319 Geosynthetics - Wide-width tensile test

/6/ EN ISO 11058 Geotextiles and geotextile-related products - Determination of water permeability characteristics normal to the plane, without load

/7/ EN ISO 13934 Textiles - Woven fabrics. Determination of breaking strength and elongation (Strip method)

/8/ EN ISO 12236 Geosynthetics - Static puncture test (CBR test)

/9/ EN ISO 12956 Geotextiles and geotextile-related products - Determination of the characteristic opening size


/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/m³ with 90 % of the stones having a density of at least 2,500 kg/m³ according to EN 13383 Part 2.

Water Absorption

The average water absorption of quarry stone must be less than 2 % and the water absorption of nine out of ten of the individual stones less than 2.5 % according to EN 13383 Part 2.

Resistance to Abrasion

The resistance to wear category has to be at least MDE 30 according to EN 13383 Part 1.

Impurities

Quarried rock shall not contain visually observable or chemically detectable impurities or foreign matters in such quantities that these are damaging for the structural application of the quarried stone or for the environment in which the quarried stone is applied.

Classifications

For specifying the classification requirements of rock materials to be used in the revetments following symbols are used:

WLCL: Lower class limit weight, as shown in the drawings.

The class of stone shall not contain more than 10 % stones (by weight) below the lower class limit.

WUCL: Upper class limit weight, as shown in the drawings.

The class of stones shall not contain more than 10 % (by weight) above the upper mass limit.

W50: Average stone weight, defined as total sample weight divided by the corresponding number of stones. The average weight is usually around the mean of the upper and lower class limit weights.

t: Thickness of armour/filter layer

D: mean diameter of individual block

6 RPG of BAW Richtlinie zur Prüfung von Geotextilien im Wasserbau - Bundesanstalt für Wasserbau, Deutschland

Guidelines for Testing Geotextiles for Navigable Waterways - Federal Waterways Engineering and Research Institute, Germany


Table b-1: Classifications of rock material

Designation min. W50 t D

Armour Layer (slope 1:2) 30 kg 0.50 m 0.22 m

Armour Layer (slope 1:1) 55 kg 0.62 m 0.27 m

Filter layer (slope 1:2) 5 kg 0.19 – 0.30 m -

Filter Layer (slope 1:1) 9 kg 0.20 – 0.40 m -

For rock armour stones the following additional requirements shall apply:

The stones shall be rough and angular in shape.

The maximum stone dimension (length) shall not exceed 3 times the minimum dimension

Sampling

Sampling shall be done according to EN 13383 Part 2 and conform to the general requirements stated in EN 932 Part 1.

The samples of the grading of quarried stone to be inspected shall be taken at random and must be representative.

The stones for rock shape and quality tests shall be chosen at random from samples which have been taken for the particle and weight distributions.

It shall be ensured that during sampling the grab or other extraction equipment is filled to a minimum to ensure the sample is representative for the batch tested.

For sampling from a stockpile measures shall be taken to eliminate the effect of possible segregation.

For the transport of samples, precautions shall be taken so that no material is broken or lost and that the sample is not contaminated. Each sample shall be accompanied by a sampling certificate. This certificate shall include the following information:

The name and location of the quarry or other source where the rock material is produced;

Description and class designation of the rock material;

Number of stone pieces in the sample;

The name of the sample taker.

Inspection and Testing

Inspection and testing of rock materials shall be carried out as an integral part of the Contractor’s quality control programme with the objective to ensure the quality of all parts of the work.

The following properties of rock armour material shall be tested and fully documented prior to commencement of any production or placement of armour layer.

density (according to EN 13383 Part 2)

water absorption (according to EN 13383 Part 2)

resistance to abrasion (according to EN 13383 Part 1) The tests shall be carried out in accordance with the test specifications of EN 932 Part 5.

Determination of Weights and Gradings:

Testing, inspection and reporting shall be carried out in accordance with EN 13383 Part 2 and EN 932 Part 5.

Determination of Length to Thickness Ratio:


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 Contractor’s responsibility to remove from all sites of the works all surplus material, rubbish, debris and material unsuitable for inclusion in the works and dispose thereof at a licensed facility.

717 HANDLING AND PLACEMENT OF ROCK MATERIALS

General

Handling and placement of rock materials shall include all work and activities involved with:

transport from quarry sites to construction area

unloading/loading and stockpiling and sorting near the construction site

marine transport

placement in the permanent works

shaping and quality control of the different sections of the permanent works.

Surveying

Setting out of all revetment works shall be based on reference points established by the Contractor and approved by the Project Manager.

Setting out of under water works may be accomplished by a suitable electronic RTK-DGPS positioning system or similar with an accuracy not exceeding 0.1 m in any direction. Any such positioning system shall be calibrated and documented for the Project Manager’s 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.


Placement of Filter Layer

The filter layer shall be placed in such a manner that any damage to the geotextile is prevented. The thickness is shown in the relevant drawings. The rocks shall be placed randomly so that the final slope does not appear as a smooth paved surface. This is to ensure good interlocking between the filter layer and the armour layer.

Placement of Armour Layer

All armour stones shall be placed at least in two layers. The placing shall be pell-mell e.g. randomly placed so that the final slope does not appear as a paved surface.

The theoretical thickness, t, of two layers of armour stones is calculated as:

Armour stones shall be individually placed and be tightly packed together so as to achieve a bulk target weight placed of 16 kN/m³ with a tolerance of +1 kN/m³.

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.


Inspection and Testing

Measurement profiles shall be at intervals along the length of the structure (breakwater, seawall, etc.) approved by the Project Manager. These will generally be every 20 m. No layer shall be covered by a subsequent layer until the profile of the former layer has been approved by the Project Manager.

Measurement is assumed carried out with land-based survey methods with reference to the reference system.

Measurement of rock armour slopes other than core material shall be carried out using a probe with a spherical end of diameter equal to approx. 50 % of the characteristic dimension of the specified rock.

Alternative survey techniques involving electronic positioning in combination with multi-beam echo sounders or equivalent shall become subject to the Project Manager’s acceptance in each case.

Such acceptance will only be given upon thorough documentation and acceptance testing of the said equipment for compliance with accuracy requirements.

719 GEOTEXTILES

Materials

Geotextiles shall be porous, carpet-like materials, made from synthetic fibres.

Geotextiles are used in the actual works as a separation layer between filter material and sand fill respectively existing ground.

The brand and type of geotextile proposed by the Contractor for the works shall become subject to the Project Manager’s approval before bringing it to site.

The geotextile shall be polypropylene filter fabric and shall be resistant to air, water and chemical and bacteriological attacks.

The fabric shall be manufactured with and preserve the following mechanical properties:

Raw material: Polyester white, Polypropylene coloured

Mass per unit area: min. 600 g/m² (according to EN ISO 9864)

Thickness: 5.3 / ≥ 4.5 mm (according to EN ISO 9863-1)

Max. tensile strength, md/cmd: ≥12.0 kN/m (according to EN ISO 10319)

Resistance to static puncture load: min. 1,200 Nm (according to RPG of BAW)

Resistance to abrasion load: yes (according to RPG of BAW)

Characteristic opening size: 0.09 mm (according to EN ISO 12956)

Water permeability: VIH50-Index: 3.75 x 10-2 m/s (according to EN ISO 11058)

Flow rateH50: 37.5 l/sm2

k10.H50: 2.86 x 10-3 m/s

Hydraulic filtration efficiency against soil type: 1, 2 und 3 (according to RPG of BAW)

The following documents must be present:

Internal and external monitoring in accordance with DIN 18200

Quality management system according to EN ISO 9001

Current CE marking

Proof of product groups EPD (Environmental-Product-Declaration)


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.


SECTION 13 – GRADED CRUSHED STONE SUBBASE AND BASE

1301 DEFINITIONS

The graded crushed stone for subbase shall meet the requirements specified in Clause 1303 for: Stone Class "A" for Subbase; and Nominal size "0/40".

The crushing ratio for all graded crushed stone pavement materials shall be minimum 100%.

1304 CRUSHING, SCREENING AND MIXING

The crushing installation used in the production of Graded Crushed Stone shall be a multiple stage crusher capable of producing material complying with the specified requirements. The crushed material shall be separated by screening into at least 4 different aggregate fractions and recombined in a mixing plant to produce the specified particle size distribution.

The mixing plant shall be an approved type mixer of proven suitability for producing a mixture complying with all the requirements of the specifications. The mixing plant shall be equipped with satisfactory means to control mix proportions of different aggregate fractions and water.

All materials shall be added and mixed on the plant ready for spreading and compaction. The water content added at the mixing plant shall be such that the moisture content during placing and compaction will be within +/-2 % of the optimum moisture content determined according to AASHTO t.180.

1306 LAYING AND COMPACTING GRADED CRUSHED STONE SUBBASE

Graded crushed stone shall be laid by paver. Laying and mixing by grader shall not be permitted, except on confined areas.


SECTION 16 – PART B ASPHALT CONCRETE FOR SURFACING

1601B DEFINITION

The Asphalt Concrete shall be Type 1 (High Stability)

1602B MATERIALS FOR ASPHALT CONCRETE

(a) Penetration grade binder

(a) The binder for Asphalt Concrete shall be Bitumen 60/70 penetration grade.

(b) Aggregate

(b) The aggregate shall be Class a.

1603B MATERIALS FOR ASPHALT CONCRETE

(c) The grading requirements for Asphalt wearing course shall be as specified in Table

16B-1 for Type 1 0/14

SECTION 16 – PART C DENSE BITUMEN MACADAM FOR BASE

1602C MATERIAL REQUIREMENTS

(a) Penetration grade binder

(d) The binder for Dense Bitumen Macadam shall be Bitumen 60/70 penetration grade.

1603C GRADING REQUIREMENTS FOR DENSE BITUMEN MACADAM

(e) The grading requirements for Dense Bitumen Macadam shall be as specified for

0/30.


SECTION 17 - CONCRETE WORKS

1703 MATERIALS FOR CONCRETE

(b) Replace the first 3 lines with the following:

Only CEM I Class 42.5 N (or higher strength) Portland cement complying with the requirements of Kenyan Standard KS EAS 18-1:2001 shall be used in the works unless otherwise specified, ordered or permitted in writing.

1704 THE DESIGN OF CONCRETE MIXES

The Concrete for the paved area of the Container Terminal shall be C25/30 (meaning Cylinder strength 25, and cube strength 30). The maximum aggregate size shall be 20 mm and minimum cement content shall be 350 kg/m3 with water:cement ratio of 0.5.


23 MECHANICAL AND ELECTRICAL WORKS

23. GENERAL 23.1 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 Manager’s approval, the Contractor’s 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 employer’s 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.


(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 MANUFACTURER’S DEALERSHIPS

There shall be established manufacturer’s 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 Client’s stores as directed. The prices for removal shall include

the costs for lifting by crane, handling, transport and documentation thereof.

23.5 PLANT OUTAGES

The works at G Section shall be planned in such a way so as to avoid a complete shutdown of the

services from other existing Sections of the port. This in particular applies to Substation C, which

supplies power to the workshops and other amenities at the port.

23.6 THIRD PARTY INSPECTION

In the event that the Contractor did not provide, with his bid

(a) A list of those who shall manufacture, erect, test and commission the Plant under the Contract; and

(b) A certified copy of the certificate of listing of all of these firms under ISO 9001, ISO 9002 or ISO 9003 as appropriate for the works or services that these firms are to provide,

then third party inspection shall be required as hereinafter provided. The costs of such inspection

shall be deemed to be included in the Contractor's rates and prices.

The Third Party Inspectorate shall in general be required to certify that the Plant, and the

completed work in respect of the Plant, is in complete accordance with the applicable national

and international standards and the Specification.

The Third Party Inspectorate shall be required to be present and to witness the fabrication of the

principal components of the Plant, the assembly of the Plant and it's works testing, the packaging


of the Plant for shipment, offloading into temporary storage on site, erection, commissioning and

the performance of all tests at any stage of the execution of the Works.

The Third Party Inspectorate shall be present at all times that the work being inspected is in

progress and shall certify that it's certificates are based on its own observations, without recourse

to extrinsic evidence, or the observations or statements of others.

The inspection services shall be carried out wholly by the approved Third Party Inspectorate and

it's staff, and the Inspectorate shall not be permitted to appoint or utilise representatives from

outside its employees, or to sub-contract any of the inspection services, save for tests carried out

on the Inspectorate's behalf by independent laboratories approved by the Project Manager, or

tests carried out by others on behalf of the Inspectorate but witnessed by a qualified employee of

the Inspectorate.

Prior to the commencement of the manufacture of any of the Plant, the Contractor shall propose

to the Project Manager and obtain approval for:

(i) The firm which will carry out Third Party Inspection services, and

(ii) Details of the precise services that the Inspectorate will provide, and the tests that the Inspectorate proposes to carry out.

The Project Manager shall not be bound to accept the Contractor's nominated firm of inspectors,

and shall not be bound to give any reasons for rejecting the Contractor's nomination. In the event

of rejection of the firm nominated by the Contractor, the Project Manager shall nominate three

alternative firms, from which the Contractor shall choose one.

The Third Party Inspectorate shall provide the Project Manager and the Project Manager's

Representative Certificates that the Plant conforms to the relevant standards and Specification at

the following stages:

(i) Receipt of all components and materials at the manufacturer's works

(ii) Completion of manufacture and works testing

(iii) Completion of erection on site

(iv) On-site commissioning and testing.

The information contained in the certificates and the form of certification shall be to the

requirements of the Project Manager.

Only Plant which is manufactured, erected and tested by firms which had been proven at the

time of bid to be listed under the ISO standards hereinabove provided for, or alternatively, Plant

which has been certified as acceptable subsequent to Third Party Inspection as herein provided,

shall be accepted as conforming to the Contract. Any other Plant shall be rejected at the

Contractor's risk, cost and responsibility.

23.7 CONTRACTOR’S RESPONSIBILITY FOR DESIGN

Subject to the requirements of the Specification, the Contractor shall be responsible for the

general and detailed design of electro-mechanical works to be carried out under the Contract and

for all plant and equipment provided.

The Contractor shall be responsible for checking all technical information provided in the

Drawings, Specification and Bill of Quantities and for confirming the suitability and output of his

proposed plant and equipment for the duty required.


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 manufacturer’s 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 Contractor’s design shall include any necessary modifications to existing installations to suit

the characteristics of replacement plant proposed.

The Project Manager’s approval of the Contractor’s designs shall not relieve the Contractor of his

responsibilities under the Contract.

23.8 DRAWINGS, OPERATION AND MAINTENANCE MANUAL

The bid drawings for this Contract are in the Book of Drawings.

At the time of the bid, the Bidder shall submit details of Plant and materials and drawings of the

completed installation such as will demonstrate that the bid is based upon anticipated works,

which it is expected would fulfil the intended purposes. These Bid Drawings shall also serve to

illustrate the Bidder's intentions if the Bid is accepted. The acceptance of the Bid shall not be

deemed to be acceptance of the Bid Drawings.

Within 45 days of the Contract becoming effective through the Letter of Acceptance the

Contractor shall inspect the Site and shall submit for the Project Manager's approval four paper

copies of full and detailed designs of the Works (Principle Contractor's Drawings) including but

not limited to:

(i) Calculations, design criteria, design assumptions and the like to support the sizes, ratings, and essential components of the Works;

(ii) Detailed drawings showing the location arrangement, dimensions, layout etc. of all of the Works, including circuit diagrams, dimensioned drawings of Plant, and fixing details to associated civil works;

(iii) The quantities of materials which the Contractor intends to procure such as to enable completion of the Works;

(iv) The requirements, specifications, sizes and other information required for the completion of foundations, supports, access works and other civil works associated with the Works;

(v) Specifications and manufacturer's information regarding the Plant and materials to be provided; and

(vi) Procedure for switching on the starters

(vii) Fault finding

(viii) Logic diagram for mechanical checks before starting pumps

(ix) Logic diagrams for electrical checks before stating pumps

(x) Normal starting and shutdown procedures

(xi) Over current and earth fault settings


(xii) Dosing procedures: solution strengths and adjustments;

(xiii) Such samples and models as shall be necessary to amplify upon the information provided as above.

The Project Manager shall provide his approval or otherwise within 28 days of submission of the

Principle Contractor's Drawings. Any Contractor’s drawings, which the Project Manager

disapproves, shall be modified and resubmitted within 14 days of the Project Manager’s 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 as-

built drawings shall be one of the conditions, which the Contractor shall fulfil before the Hand-

Over certificate is released.

23.9 STANDARD SPECIFICATIONS REFERENCE NUMBERS (SSRN)

The Standard Specifications reference Numbers (SSRN) is a list compiled by the Consultant to

provide cross-reference of international standards. In these specifications, the standards required

are given by an SSRN, which indicates all the known standards for the particular item of

equipment, etc. An SSRN list is provided at the end of these specifications under Annex A.

The specifications under the relevant topic will be applicable and in particular the following SSRN

will be enforced:

Description SSRN

Current transformers (CTs) 002

Voltage transformers (VT) 003

Circuit Breakers 006

Electric motors 010, 011

Wiring and small power and lighting 018

Switchboards – up to 1 kV 037 (a)

Switchboards – 1 to 36 kV 037 (a)

LV Switchboards 040


Circuit breakers 042

Power transformers 051

Transformer dielectric oil 054

Cables 074

Gate valves 501, 502

Non-return valves (NRV) 505

BF valves 506

Pressure gauges 507

23.10 TESTS DURING MANUFACTURE

During manufacture, the Contractor or his supplier shall carry out all tests on the Plant and

materials which are specified in the relevant Standard Specification and shall forward to the

Project Manager duly certified copies of the test results and a certificate stating that the Plant

and materials comply with the relevant Standards and Specifications.

23.11 COMMISSIONING AND SITE PERFORMANCE TRIALS AND TESTS

After complete erection of the Plant at the site, the Contractor shall commission the Plant and

operate each piece of equipment such as the MV and LV Switchboards and high mast lights for a

period of not less than one (1) week, during which time he shall carry out any adjustments or

modifications he may deem necessary to achieve the required performances.

The Operation and Maintenance manuals shall be completed before the commencement of

Performance Trials. During the trials, the Employer’s 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 Manager’s opinion, satisfactorily completed.

The tests shall include electrical installation tests as required under the IEE Regulations for

Electrical Installations 17th Edition.

23.12 RUNNING-IN PERIOD AFTER COMMISSIONING

After the site performance trials, the Works shall be operated under the supervision of the

Contractor’s representative. The Contractor’s representative shall further instruct the Employer’s

operators in all the operations of the Plant. All final adjustments shall be completed during this

period. A period of at least ten (10) days of running-in will be required.

23.13 WARRANTY AND DEFECTS LIABILITY PERIOD

Any defects during the Defects Liability Period shall be rectified by the Contractor as he will be

contractually responsible to correct all the defects during this period.


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.


24. MECHANICAL PLANT AND WORKS

The main mechanical works consists of the following:

- Supply and installation of one (1) Standby Diesel Generator

- Plumbing works for the toilet block

- Demolition works for two (2) old structures

The specifications for these works are provided below:

24.1 STANDBY DIESEL GENERATOR

One standby generator set shall be provided for the Reefer Section. The particulars of this set

shall be:

- Prime Power: 500 kVA

- Standby Power: 550 kVA

- 415 V, 50 Hz

The Generator sets shall consist of diesel engine and alternator mounted together on common

bed plates. The set shall be suitable for indoor installation taking into account the climatic

conditions prevailing in Mombasa

The generators shall be mounted on rugged skids with options for forklift slots and designed for

long service life, high reliability, ease of maintenance and repair.

The generator set shall be complete with a noise suppression hood and a Spillage free frame with

integrated forklift pockets, 110% spillage containment to conserve the environment from oil

spills.

Generator set shall conform to the requirements of the following clauses:

Sound-Attenuated and Weather-Proof Enclosure

The Generator set shall be provided with a standard sound-attenuated hood, which shall be

weather-proof. It must comply with the outdoor noise directive 2000/14/EC OND

The particulars shall be:

- Sound level: 70 to 89 d(B)A

- IP protection: IP 56

In addition, it shall have a vandal proof enclosure with powder coated steel or aluminium surface suitable for continuous outdoor exposure, designed for extreme weather conditions and of genuine versatility (the machine should power a wide variation of critical applications)

The generator shall be installed on a concrete plinth with the following specifications:

- Hard-core layer, 300 mm

- Concrete, 20/20 with A252 fibre mesh reinforcement, 225 mm high

- Dimension to conform to the generator size.

- Expansion gap of 25 mm along the edges of the plinth

- Ref Dwg No. MP-LP-02


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 50°C.

The exciter shall be of the revolving armature type with the armature overhung on a shaft

extension at the non-driving end. The output of the exciter shall be rectified by a rotating silicon

diode rectifier bridge to supply the main generator field windings. The exciter field shall be

controlled through automatic voltage regulation (AVR).

Control Panel

The control panel shall be constructed to SSRN 020 and SSRN 021 with a rating of not less than

IP 54

The control panel shall contain the following items:

- An integrated battery charger and a coolant heater

- on/off switch for control circuitry

- engine stop/start push buttons

- emergency stop push button with twist reset


- tachometer

- oil pressure gauge

- water temperature gauge

- ammeter for each phase

- voltmeter and phase selection switch

- ammeter (battery starting/charging current)

- dc volt meter (battery volts)

- Indicator lamps

- low oil pressure

- high water temperature

- overspeed

- hours run meter

- off/auto anti-condensation heater switch

Exhaust Systems for Diesel Engine

The exhaust system shall incorporate silencers suitable for use in an industrial area and shall

include all necessary supports and other items to make a complete installation. Exhaust tubing

shall be heavy gauge mild steel to SSRN 085, and shall include a stainless steel bellows close to

the engine to reduce vibration and permit engine movement.

The system shall be suspended from the walls and roof by suitable brackets and angle ties which

shall include mountings to prevent the transmission of vibration and noise to the building.

The system shall be adequately lagged and fixed within the building. Where the roof is of

combustible material and the walls of the building are of incombustible material, the exhaust

shall be routed to atmosphere through the wall rather than the roof. Where both the walls and

roof are of combustible material, special care shall be taken to protect the building from the

exhaust piping and the hot gases discharged from it.

The exhaust system outlet section shall be horizontal and where possible it shall point in the

direction of the prevailing wind.

Daily Service Tank

A daily service fuel tank holding sufficient fuel for 12 hours operation at full load shall be provided

for the generator.

The tank shall be constructed in mild steel and base mounted on the frame.

The tank shall be complete with the following fittings:

Local indication of fuel level to be given at a position where it can be easily read during fuel

delivery

Drain pipe situated at lowest point in tank complete with isolating valve. The drain pipe shall be

routed to the fuel dump tank

Outlet pipe complete with water trap and isolation valve

Filling point at the top of the tank with removable gauze filter


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

IEEE446 Recommended Practice for Emergency and Standby Power Systems for

Commercial and Industrial Applications

NFPA 37 Standard for the Installation and Use of Stationary Combustion Engines and Gas

Turbines

NFPA 110: Standard for Emergency and Standby Power Systems

NEMA MG1 Motors and Generators

IEC8528 part 4 Control Systems for Generator Sets

IEC801.2, 801.3, and 801.5 for susceptibility, conducted, and radiated electromagnetic

emissions

ISO3046 Reciprocating Internal Combustion Engines

Emission Compliance to EU STAGE II

Engine Standards to ISO 3046 and ISO 8528-2

Alternator Standards to IEC 34-1 and ISO 8528-3

Insulation Class H(Both stator and Alternator)

Degree of Protection: IP23

24.2 TOILET BLOCK: PLUMBING AND DRAINAGE WORKS

The work shall include the provision of mechanical services as listed below and as described in the

relevant sections of these specifications and drawing MP-TB-03.

1. Incoming metered cold water mains

2. Connection of external drainage for foul and surface water systems

3. Connection from the existing elevated tank delivery pipe

4. Gravity cold water distribution system in the toilet block

5. Sanitary ware and all associated accessories

6. Below ground drainage system

7. Soil & waste water, surface (storm) water and condensate drainage system (above ground)

8. All control & electrical works ancillary to the above installations

9. Working drawings of installation and manufacturers data

10. Operations and mechanical manuals and as-built drawings

11. Testing and commissioning of all the above installations.


24.2.1 COMPLIANCE WITH GENERAL SPECIFICATIONS

All pipe work, fittings, valves, plant and equipment shall be in accordance with the General

Specifications of Plumbing & Drainage installation requirements. Where there are any deviations

from the requirements of the standard specifications these requirements shall take precedence

over the general specifications.

24.2.2 INSTALLATION DRAWINGS

The design drawings show the general design intent and are not intended as installation drawings.

The contractor shall produce detailed installation drawings at a scale not more than 1:50. Showing

the full layout of all pipe work and valves including brackets and supports all fully dimensioned.

Toilets and bathroom layouts should be produced at a scale of not less than 1:20.

Two copies of the installation drawings must be submitted to the Project Manager for comment

before any work proceeds.

No work shall be started on site until the drawings are approved by the Project Manager and the

Contractor is instructed to proceed with the works.

Drawings shall be submitted to the Project Manager as many times as necessary to achieve A or B1

status.

24.2.3 BUILDERS WORK DRAWINGS

The contractor shall where necessary produce builders work drawings, at a suitable scale but not

less than 1:50, showing all openings, plinths, chases etc. that are required to be formed by the

main contractor. All builders’ works shall be fully dimensioned and located in relation to the

structure so that the contractor can properly carry out the work.

Builders work drawings shall be submitted to the Project Manager for review in the same manner

as the Installation Drawings.

24.2.4 RECORD DRAWINGS

During the execution of the contract works the contractor shall, in a manner approved by the

Project Manager, record on working or other drawings at site all information necessary for

preparing record drawings of the installed contract works. Marked-up working or other drawing

and other documents shall be made available to the Project Manager as he may require for

inspection and checking. 24.2.5 INCOMING WATER SUPPLY AND EXTERNAL WORKS

The contractor shall liaise with the Mombasa Water Supply and Sanitation Company Limited to

arrange for a new potable water connection to the site.

A meter pit shall be constructed by the Contractor 500mm long x 400mm wide x 400mm deep. The

contractor shall install a new water meter in the meter pit. Isolating valves shall be installed each

side of the meter and a disconnection union on the down streamside so that the meter can be

removed for servicing if necessary.

A new water main is to be installed form the meter pit to the tank room. The pipe shall be

Polypropylene Co-polymer Random (PP- R) suitable for working pressure of not less than 20 bar.

An alternate connection from the existing elevated tank delivery pipe shall also be provided.

The pipe shall be laid by the contractor in accordance with these specifications and to the approval

of the Project Manager and Mombasa Water Supply and Sanitation Company Limited.


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.


25. ELECTRICAL PLANT

The scope of electrical works consist of the following but it is not necessarily limited to the items

stated below:

- Addition of one (1) circuit breaker panel to the existing 11 kV switchboard in Substation C

- Supply and installation of new transformer, 11/0.415 kV

- Supply and installation of new Main LV Switchboard in Substation C (MSB)

- Supply and installation of six (6) Reefer Control Panels (CPR)

- Supply and installation of one (1) Gate Control Panel (CPG)

- Supply and installation of ISS Gate Control Security System

- Supply and installation of two Monopole Control Panels (CPM)

- Underground cabling in ducts to the above Control Panels from Substation C

- Laying of ducts for IT/Data (Cabling for IT/Data will be done by others)

- Supply and installation of one (1) monopole and relocation of six (6) monopoles

- Supply and installation of small power and lights in Substation C, Gate Canopy and cabins and at the Reefers stands

The specifications for these works are provided below:

25.1 MAIN ELECTRICAL PARAMETERS

The main electrical parameters in Kenya are stated below:

- MV supply 11 kV

- Three-phase low voltage: 415 V between phases

- Single phase low voltage: 240 V between phases and neutral

- Frequency: 50 Hz

- Neutral earth connection: Direct earth connection

- Voltage variation: +10% ; - 6%

- Frequency variation: - 6% + 2%

- Signalling and alarm circuits: 24 VDC

- Fault Current at source: To be confirmed from KP

25.2 CONSTRUCTION OF LV AND MV PANELS

The construction of LV and MV switchboards shall conform to the specifications provided under

General Specifications.

The panels shall conform to SSRN 008, SSRN 012 and SSRN 020

The construction shall be of steel sheeting, 2.0 mm thick, suitably reinforced. The external finish

shall be RAL 7032 to the required colour shade. The degree of protection (IP) shall be as indicated

below.

Note: The reference to electrical panels in these specifications as ‘Control Panels’, ‘Switchboards’

and ‘Distribution Boards’ are interchangeable.


25.3 DEGREE OF PROTECTION FOR MOTOR ENCLOSURES AND PANELS

The degree of protection for motor enclosures shall be in accordance with BS 4999: Part 105.

Unless otherwise specified, the following minimum degrees of protection depending on location

shall apply for motors and electrical panels:

- indoor IP44

- outdoor IP65 or 64 with an approved rain canopy

25.4 MV AND LV SWITCHBOARDS

25.4.1 SUBSTATION C

MV Switchboard

The existing 11 kV switchboard is Merlin Gerin SM6. This board shall be extended by the provision

of one SF6 circuit breaker for the proposed electrical installation in Section G

The particulars of this switchboard are:

- Make and type: Schneider/Merlin Gerin SM6

- Main Incomer SF6 CB: 630 A

- Outgoing SF6 CB: 630 A

The insulation and BIL ratings for the extension enclosure shall conform to the existing 11 kV

switchboard

The proposed work is the addition of one panel complete with all the accessories for the supply

and installation of:

- Bus bars, 24 kV

- SF6 circuit breaker, 200A/25 kA

- Ammeter with selector switch and CTs

- Close –open selector switch

- Indicating lamps

- Connection to the new transformer, 11/0.415V, 630 A (see the transformer specifications below)

LV Switchboard (MSB)

The LV Switchgear shall be free standing, modular, metal clad, cubicle pattern, IP54 form 4B

complying with the following specifications:-

Designed to a fault level of 50 kA. The breaking capacity of all the MCCBs shall be 18 kA.

IEC 61439-1 and 2 (TTA)

This standard should be complied in terms of Dielectric strength, Temperature rise, short circuit

withstand, Mechanical operation, Degree of protection of enclosures, protection against electric

shock and integrity of protective circuits, insulating materials, clearance and creepage distances,

incorporation of switching devices and components, electromagnetic compatibility, internal

electrical circuits and connections, resistance to corrosion

IEC61641 - for Internal Arc


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:


- Bus bars, hardened copper, high conductivity, 415 V, 50 Hz, 1250 A

- Main Incomer 1000A withdrawable Incomer

- 800A Withdrawable Breaker Changeover with Mechanical and electrical Interlock and an integrated bypass switch.

- Outgoing MCCB, TP, 600 A - changeover switch

- Outgoing MCCB, TP, 63 A - to Gate Control Panel

- Outgoing MCCB, TP, 100 A - to Reefer Control Panels – 6 No.

- Outgoing MCCB, TP, 63 A - to Monopole Control Panels – 2 No.

- Outgoing MCCB, SP, 63 A - to Substation small power and lights.

- Outgoing MCCB, TP, 63 A - to Substation TPN Socket

- Outgoing MCCB, TP, 63 A - to Jetties for future.

- Outgoing MCCB, TP, 63 A - spare – 2 No.

- Voltmeter, 0 – 600V with selector switch

- Ammeter, 0 – 600 A (CT: 600/5A) with selector switch

- Surge Arrestor: 40 kA

- Phase indicator lights

- PFC Unit: automatic to maximum of 116 kVAR

- IP: 44

- Socket

o Fuse 13 A, 12 kA

Ref Dwg No.MP-CL-02-a

The installation shall be complete with earthing.

25.4.2 REEFER CONTROL PANELS

At each Reefer Station, one control panel shall be provided with a total of six (6) control panels

for the whole Reefer Section. The panels shall have Polyester enclosure, cubicle pattern, IP 54,

Form 1 to withstand the salty application.

Reefer Control Panel (CPR1 to CPR6)

The control panel shall be floor- mounted and consist of the following components:


- Main Incomer MCCB, TP, 100 A, 18 kA (thermal/magnetic)

- Outgoing MCCB, TP, 32 A - to reefer TP sockets – 6 No.

- Outgoing MCCB, TP, 32 A - to reefer TP sockets – 1 No. (spare)

- Outgoing MCB, SP, 32 A - to lights






- IP: 56 or IP 54 with approved rain canopy

- Socket

o Fuse 13 A, 12 kA

Ref Dwg No. MP-CL-02-a


The Reefer Racks shall be provided with three phase (3P+E) sockets of 32 A together with lights

as per the relevant BOQ. All cabling shall be in steel conduits.

Refer to Dwg. No. MP-RD 01 – a.

25.4.3 GATE CONTROL PANEL

At the gate one control panel shall be provided.

Gate Control Panel (CPG1)

The control panel shall be floor- mounted and consist of the following components:



- Outgoing MCCB, SP, 32 A - to the toilet block Consumer Unit

- Outgoing MCCB, SP, 63 A - to the gate Consumer Unit

- Outgoing MCCB, SP, 32 A, - bollard hydraulic pump motors – 3 No

- Outgoing MCCB, SP, 32 A - swing barriers hydraulic pump motors – 3 No.





- IP: 44

- Socket

- Fuse 13 A, 12 kA



25.4.4 ISS GATE SECURITY SYSTEM

A complete ISS security system shall be supplied and installed at the Main Gate. The works shall

include all aspects of Mechanical, Electrical and Civil works.

The main components of the security system are enumerated below but are not necessarily

limited to them.

- Swinging gates – 3 No

- Pedestrian metal door – 1 No


- Full height turnstile – 1 No

- Half height turnstile – 1 No

- Vehicle anti-terror barrier – 1 No (with 3 No. bollards)

- Metal detection gate – 1 No.

The technical specifications are provided below:

Swinging Gate

Structure Metal frame with vertical bars. Horizontal/diagonal enforcements as needed. Frame dimensions: As required. Distance between vertical bars: > 10 cm. between centers Bars: Square > 2.0 cm. Fence outrigger installed on top of the gate. Outrigger specifications identical to the perimeter's wall.

Dimensions Height: 2 meters Length: 3.5 - 4 meters, according to the lane's width.

Treatment As required to assure withstanding the port's sea environment.

Painting Three layers as a minimum

Colour As determined by the customer.

Speed > 20cm/sec

Drive Hydraulic

Safety Vehicle presence loop detectors and photoelectric beam protection against closure

Pedestrians Metal Door

The pedestrian metal door shall include the following elements:

a) An electrical lock cylinder controlled by the access control system.

b) Magnetic contact

c) Hydraulic gate closer.

The pedestrian gates, including the lock, will be made of stainless steel with a special treatment

to withstand any possible negative effects of the sea environment on the metal of the gate.

The gate's construction shall be made of frame and vertical bars with horizontal enforcements.

The distance between the bars shall not exceed 50 mm.

The gate shall be without handles. Full Height Turnstile

The turnstile shall have two drive units: electro-mechanical and motorized drive unit.


The Electro-Mechanical Drive Unit shall consist of the following elements:

a) A locking system with electromagnets to prevent simultaneous double passage

b) A self centering mechanism to assure completion of the rotation of the turnstile to its

home position

c) A hydraulic shock absorber to assure smooth and progressive slow - down operation.

d) A blocking mechanism to prevent reverse rotation.

e) The Motorized Drive unit shall include the following components:

f) Effective blocking system

g) Automatically set rotation speed according to the force applied on the turnstile.

h) Torque setting

i) High degree of safety by stopping rotation at any obstacle

j) Silent and smooth operation

k) Adjustable slow-down

Functional Specifications

a) The turnstile shall be controlled by a microprocessor logic unit:

b) One input for opening/closing the mechanism in each direction

c) One protected input for unlocking the turnstile in on an emergency situation.

d) Two multi-functional inputs ready for future expansion purposes.

e) One output for indication of turnstile's actual status (BUSY signal).

f) Four (4) protected outputs for communication with LED Traffic lights.

g) Two outputs to check completed passage through the turnstile in a direction. Adjustable

time out facility (ranging from 6 to 30 sec.) to cancel the GO signal if passage through the

turnstile is not completed within the assigned time.

h) The logic unit shall be protected against overloads, short circuits and polarity inversion.

i) Operational modes: The turnstile can be set for different operational modes in either

direction:

j) Free access.

k) Controlled access.

l) Locked.

m) Emergency.

n) The following modes of operation shall be available in an emergency situation or power

failure in either direction:

o) Free access.

p) Locked.

Technical Specifications:

Features: Bi-directional


Control Possibilities: Manually by a local control panel

By Access Control subsystem

Materials: Casework: Polished Stainless Steel (2 mm thick)

Roof: Polished Stainless Steel sheet (2 mm thick)

Turnstile and Gate Pillar: Polished Stainless Steel

Tripod and Gate Arms: Polished Stainless Steel made 40 mm diameter tube

Shock absorber: Hydraulically adjustable

Operating temperature: -30°C to +50°C

Humidity: Maximum 100%. (non-condensing)

Anti-corrosion treatment by zinc plating, of thicknesses:

Mechanical parts: 10 – 15 µm, steel sheets 15 - 20 µm

Casing: Application of AISI 304 stainless steel sheet

MCBF (Mean Cycle before Failure)

3.000.000 cycles

Power supply: 24VAC/DC, 2A

Back-up Battery: Supports turnstile motorized drive unit for at least six (6) hours of continuous operation

Half Height Turnstile

The specifications are similar to the specification of the full height turnstiles, as described above

Vehicles Anti-Terror Barrier

The Contractor shall supply and install "Vehicles Anti-Terror" barrier that should stop forced

intrusion of hostile cars at the following conditions:

a) Ramming a 2.5 ton car max weight at 90 km/h speed.

b) Ramming a 10 ton max weight truck at 40 km/h speed.

The required barrier shall be made of a horizontal metal arm made of 100/100/5 HRS profile with

inside reinforcement (180 Kg/sqm cable or a different solution).

Gate design and equipment quality of the supplied equipment must assure successful 24/7

operation at over 2000 open/close operations per day. The longest response time of the barrier

will be less than 4 sec.

The arm shall be 3.5 to 4.5 m long or longer if required according to lane width. The arm shall be

at least 50 cm high from the ground.

Photoelectric beams shall prevent the gate from closing on a vehicle

Traffic lights shall be placed near to the gate for progress steps indication to drivers.

The gate arm shall be painted with night shining color and shall have a stop sign and a written

stop sign attached to the arm.

"Pop Up" Pneumatic Bollards Specifications:

Functionality: to stop crash into the bollards of the following vehicles:

A 2.5 ton car (max weight) at minimum 90 km/h speed

A 10 ton truck (max weight) at minimum 40 km/h speed


Structure: Two (2) metal bollards each of 20 cm thick and 70 cm minimum height from the road when in popped-up position

Installation: Concealed in the road at "O" level and pop-up upon remote control operation

Response time: < 1 sec from receiving the lifting or lowering command

Life Cycle At least 7 years of 24/7 operation with over 2000 open/close operations per day

Galvanized: According to the local standards for sea environment operation

Painting: With night shining colors

Metal Detection Gate Specifications

Features

Multi-zone security metal detector,

Self-test diagnostics capabilities

Microprocessor controlled

Programming Access for programming shall be protected by a lock and key and by a dual-level password or by magnetic or chip card programming key.

Detection regardless of metal orientation

Working environment Outdoor

Network Connection: Ethernet, IP based protocol

Alarms: Visual signaling: multi-zone display

Audible signaling

Alarm Outputs: Relay contact for remote alarm

Power Supply: 240 VAC/50 Hz

Galvanization According to local standards for sea operation environment

Standards Conformity:

Electrical safety

Emission

Immunity

Security levels 1-5 NILEC J-0601.

Safety for pregnant women, for heart pacemakers implants and for magnetic recording materials

ISS POST-CONSTRUCTION MAINTENANCE AND OPERATION SUPPORT


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 on-

the-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


5. Fan belts

6. Tubes

7. Fuses

8. MCBs

9. Any other recommended items.

25.4.5 MONOPOLE CONTROL PANELS

Two Monopole Control Panels shall be installed at the locations shown in Dwg Nos. MP-CL-01-a

and MP-CL-01-b

Monopole Control Panel (CPM1)

The control panels shall be floor-mounted on a plinth and consist of the following components:



- Outgoing MCCB, TP, 63 A – to Monopole Nos 01, 03 and 05

- Outgoing MCCB, TP, 63 A – spare

- Outgoing MCB, SP, 32 A - spare





- IP: 56

- Socket

- Fuse 13 A, 12 kA



Monopole Control Panel (CPM2)

The specifications of Control Panel (CPM2) will be the same as above for the CPM1 except that it

will feed the following Monopoles

- Outgoing MCCB, TP, 63 A – to Monopole Nos 02, 04 and 06

- Ref Dwg No. MP-CL-02-a


25.4.6 MONOPOLES

The existing monopoles consist of:

- Monopoles, 30 m high: 3 No

- Monopoles, 40 m high: 2 No.


One (1) new monopole shall be provided in order to make a total of six (6) monopoles. Make: Abacus or equivalent.

All the monopoles will be removed from their existing positions and relocated as shown in Dwg. No. MP-GL-01-a and MP-GL-01-b

The two (2) 40 m high monopoles shall be erected at:

- Monopole No. 01: at the head of Block B

- Monopole No. 02: at the tail end of Block A

The four (4) 30 m high monopoles shall be erected on the perimeter of Block A and Block B as shown in the above drawing.

The monopoles shall conform to the details shown in Dwg. No. MP-LP-02.

The main specifications of the monopoles shall conform to:

Mechanical

- Height to headframe or lantern head 30 m

- Shaft: mild steel Q345 with a Yield Strength of 345 N/mm2

- Hot dip galvanization to BS ISO 1461

- All modified parts and welding shall be hot dip galvanized.

- Foundation bolts shall be: M27x850 mm stainless steel

- Mechanical means to lower and raise the lantern or headframe with powered pulley system.

Foundation

Six (6) new foundations shall be constructed as detailed in Dwg No. MP-LP-02

Electrical

The monopoles shall be supplied complete with luminaries, electronic ballasts, starters, capacitors for PF improvement, etc.

All the existing luminaries must be replaced with the following and the new 30 m high monopole shall be provided with the same make and type of luminaires.

The details of the proposed luminaires shall be as follows with reference to Dwg. No. MP-LP-02.and Dwg. No. MP-LP-02. (a)

Monopoles, 30 m High (Positions M2, M3, M4 & M5)

Each monopole shall carry the following Rhea Luminaires:

- For Monopoles at M2, M3 & M5: 3xAL5216/600 W LED Floodlights

- For Monopole at M4: 4xAL5216/600 W LED Floodlights

Monopoles, 40 m High (Positions M1 & M6)

Each monopole shall carry the following Rhea Luminaires:

- For Monopoles at :M1 & M6 8xAL5216/1000 W LED Floodlights

Lamps

The lamps shall conform to the following specification:

- 600 W LED (90,000 I.Lm)


- 1000 W LED (130,000 I.Lm)

- Electronic HPS Ballast/starter, 600W and 1000 W

- Capacitors

The Expected Illuminance Levels

The expected Illuminance Levels and the orientations of the lamps are provided in - Dwg. No. MP-LP-02.(a)

25.4.7 POWER CABLES

Power cables shall, unless otherwise approved, be made of copper conductors with PVC insulation and sheath, galvanised steel wire armour and an overall sheath of impregnated tropical grade PVC or XLPE. Where single core cables are to be utilised, the armour shall be made of aluminium wire. All power cables shall be manufactured in accordance with the relevant sections of SSRN 024 and SSRN 074.

The cable ratings shall be as follows:

- Low voltage : 600/1000 V;

- Medium Voltage cables: 3.6/6.6kV

- HT voltage: 6.6/11

25.4.8 CABLE AND IT/DATA UNDERGROUND DUCTS AND MANHOLES

All the ducts for buried power and IT/Data cables shall be of black heavy grade PVC rigid ducts. These ducts shall conform to the Electrical Association (E. A) Technical Specification 12-24 – Plastic Ducts for Buried Electric Cables.

All the ducts shall be buried to a minimum of 450 mm below the ground level and 750 mm below the ground level where they cross roads. In addition, the ducts below roads shall have a concrete surround of 150 mm Class 15 Concrete.

The power and IT/Data duct diameters shall be:

Minimum 125 mm diameter for all the power cables except;

Minimum of 200 mm diameter for the power cables to the Reefers Section.

Minimum of 125 mm diameter for IT/Data cables

The ducts for power cables and IT/Data shall be laid at a distance of 150 mm apart from wall to wall of the ducts.

Manholes for cables shall have the following dimensions:

- Manhole at Substation C: 600x600x450 mm deep

- Manholes in reticulation: 600x450x450 mm deep

All the manholes shall be of Class 20/20 concrete with A393 fabric mesh with 150 mm wall thickness as shown in Dwg. No. MP-LP-01

25.4.9 POWER FACTOR IMPROVEMENT

The overall power factor of the all the Section G operating load shall not be lower than 0.95 lagging and shall preferably be set at 0.96 at any load. Power factor correction capacitors shall be provided with discharge reactors.

The capacitors shall be based on the MKP technology.


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.


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 Manager’s 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 Manager’s 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


Supplementary Information

[NONE]

Section VII – General Conditions of Contract 7-143

PART 3 – Conditions of Contract and Contract Forms

Section VII – General Conditions of Contract 7-144

Section VII - General Conditions of Contract

These General Conditions of Contract (GCC), read in conjunction with the Particular Conditions of Contract (PCC) and other documents listed therein, should be a complete document expressing fairly the rights and obligations of both parties. These General Conditions of Contract have been developed on the basis of considerable international experience in the drafting and management of contracts, bearing in mind a trend in the construction industry towards simpler, more straightforward language and FIDIC Standards. Where there is a conflict between these GCC and PCC and FIDIC, the FIDIC Standards shall take precedence. The GCC can be used for both smaller admeasurement contracts and lump sum contracts.

Table of Clauses

A. General ................................................................................................................................................. 147

1. Definitions .................................................................................................................................... 147 2. Interpretation ............................................................................................................................... 149 3. Language and Law ........................................................................................................................ 149 4. Project Manager’s Decisions ......................................................................................................... 149 5. Delegation .................................................................................................................................... 150 6. Communications ........................................................................................................................... 150 7. Subcontracting .............................................................................................................................. 150 8. Other Contractors ......................................................................................................................... 150 9. Personnel and Equipment ............................................................................................................ 150 10. Employer’s and Contractor’s Risks ................................................................................................ 150 11. Employer’s Risks ........................................................................................................................... 150 12. Contractor’s Risks ......................................................................................................................... 151 13. Insurance ...................................................................................................................................... 151 14. Site Data ....................................................................................................................................... 151 15. Contractor to Construct the Works .............................................................................................. 151 16. The Works to Be Completed by the Intended Completion Date .................................................. 152 17. Approval by the Project Manager ................................................................................................. 152 18. Safety ............................................................................................................................................ 152 19. Discoveries .................................................................................................................................... 152 20. Possession of the Site ................................................................................................................... 152 21. Access to the Site .......................................................................................................................... 152 22. Instructions, Inspections and Audits ............................................................................................. 153 23. Appointment of the Adjudicator ................................................................................................... 153 24. Procedure for Disputes ................................................................................................................. 153

B. Time Control .......................................................................................................................................... 154

25. Program ........................................................................................................................................ 154 26. Extension of the Intended Completion Date ................................................................................ 154 27. Acceleration .................................................................................................................................. 154 28. Delays Ordered by the Project Manager ...................................................................................... 154 29. Management Meetings ................................................................................................................ 155 30. Early Warning ............................................................................................................................... 155

C. Quality Control ...................................................................................................................................... 155

31. Identifying Defects ........................................................................................................................ 155 32. Tests ............................................................................................................................................. 155 33. Correction of Defects .................................................................................................................... 155 34. Uncorrected Defects ..................................................................................................................... 155

D. Cost Control .......................................................................................................................................... 156

35. Contract Price ............................................................................................................................... 156 36. Changes in the Contract Price ....................................................................................................... 156 37. Variations ...................................................................................................................................... 156 38. Cash Flow Forecasts ...................................................................................................................... 157

39. Payment Certificates ..................................................................................................................... 157 40. Payments ...................................................................................................................................... 157 41. Compensation Events ................................................................................................................... 158 42. Tax ................................................................................................................................................ 159 43. Currencies ..................................................................................................................................... 159 44. Price Adjustment .......................................................................................................................... 159 45. Retention ...................................................................................................................................... 160 46. Liquidated Damages ..................................................................................................................... 160 47. Bonus ............................................................................................................................................ 160 48. Advance Payment ......................................................................................................................... 160 49. Securities ...................................................................................................................................... 161 50. Dayworks ...................................................................................................................................... 161 51. Cost of Repairs .............................................................................................................................. 161

E. Finishing the Contract ............................................................................................................................ 161

52. Completion ................................................................................................................................... 161 53. Taking Over ................................................................................................................................... 161 54. Final Account ................................................................................................................................ 162 55. Operating and Maintenance Manuals .......................................................................................... 162 56. Termination .................................................................................................................................. 162 57. Fraud and Corruption ................................................................................................................... 163 58. Payment upon Termination .......................................................................................................... 164 59. Property ........................................................................................................................................ 164 60. Release from Performance ........................................................................................................... 164 61. Suspension of TMEA Funding or Credit ........................................................................................ 165

General Conditions of Contract

A. General

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

(a) The Accepted Contract Amount means the amount accepted in the Letter of Acceptance for the execution and completion of the Works and the remedying of any defects.

(b) The Activity Schedule is a schedule of the activities comprising the construction, installation, testing, and commissioning of the Works in a lump sum contract. It includes a lump sum price for each activity, which is used for valuations and for assessing the effects of Variations and Compensation Events.

(c) The Adjudicator is the person appointed jointly by the Employer and the Contractor to resolve disputes in the first instance, as provided for in GCC 23.

(d) TMEA means the financing institution named in the PCC.

(e) Bill of Quantities means the priced and completed Bill of Quantities forming part of the Bid.

(f) Compensation Events are those defined in GCC Clause 41 hereunder.

(g) The Completion Date is the date of completion of the Works as certified by the Project Manager, in accordance with GCC Sub-Clause 52.1.

(h) The Contract is the Contract between the Employer and the Contractor to execute, complete, and maintain the Works. It consists of the documents listed in GCC Sub-Clause 2.3 below.

(i) The Contractor is the party whose Bid to carry out the Works has been accepted by the Employer.

(j) The Contractor’s Bid is the completed bidding document submitted by the Contractor to the Employer.

(k) The Contract Price is the Accepted Contract Amount stated in the Letter of Acceptance and thereafter as adjusted in accordance with the Contract.

(l) Days are calendar days; months are calendar months.

(m) Day works are varied work inputs subject to payment on a time basis for the Contractor’s employees and Equipment, in addition to payments for associated Materials and Plant.

(n) A Defect is any part of the Works not completed in accordance with the Contract.

(o) The Defects Liability Certificate is the certificate issued by Project Manager upon correction of defects by the Contractor.

(p) The Defects Liability Period is the period named in the PCC

pursuant to Sub-Clause 33.1 and calculated from the Completion Date.

(q) Adjudicator means the single person appointed under Clause 23.

(r) Drawings means the drawings of the Works, as included in the Contract, and any additional and modified drawings issued by (or on behalf of) the Employer in accordance with the Contract, include calculations and other information provided or approved by the Project Manager for the execution of the Contract.

(s) The Employer is the party who employs the Contractor to carry out the Works, as specified in the PCC.

(t) Equipment is the Contractor’s machinery and vehicles brought temporarily to the Site to construct the Works.

(u) “In writing” or “written” means hand-written, type-written, printed or electronically made, and resulting in a permanent record;

(v) The Initial Contract Price is the Contract Price listed in the Employer’s Letter of Acceptance.

(w) The Intended Completion Date is the date on which it is intended that the Contractor shall complete the Works. The Intended Completion Date is specified in the PCC. The Intended Completion Date may be revised only by the Project Manager by issuing an extension of time or an acceleration order.

(x) Materials are all supplies, including consumables, used by the Contractor for incorporation in the Works.

(y) Plant is any integral part of the Works that shall have a mechanical, electrical, chemical, or biological function.

(z) The Project Manager is the person named in the PCC (or any other competent person appointed by the Employer and notified to the Contractor, to act in replacement of the Project Manager) who is responsible for supervising the execution of the Works and administering the Contract.

(aa) PCC means Particular Conditions of Contract

(bb) The Site is the area defined as such in the PCC.

(cc) Site Investigation Reports are those that were included in the bidding documents and are factual and interpretative reports about the surface and subsurface conditions at the Site.

(dd) Specification means the Specification of the Works included in the Contract and any modification or addition made or approved by the Project Manager.

(ee) The Start Date is given in the PCC. It is the latest date when the Contractor shall commence execution of the Works. It does not necessarily coincide with any of the Site Possession Dates.

(ff) A Subcontractor is a person or corporate body who has a Contract with the Contractor to carry out a part of the work in the Contract, which includes work on the Site.

(gg) Temporary Works are works designed, constructed, installed, and removed by the Contractor that are needed for construction or installation of the Works.

(hh) A Variation is an instruction given by the Project Manager which varies the Works.

(ii) The Works are what the Contract requires the Contractor to construct, install, and turn over to the Employer, as defined in the PCC.

2. Interpretation 2.1 In interpreting these GCC, words indicating one gender include all genders. Words indicating the singular also include the plural and words indicating the plural also include the singular. Headings have no significance. Words have their normal meaning under the language of the Contract unless specifically defined. The Project Manager shall provide instructions clarifying queries about these GCC.

2.2 If sectional completion is specified in the PCC, references in the GCC to the Works, the Completion Date, and the Intended Completion Date apply to any Section of the Works (other than references to the Completion Date and Intended Completion Date for the whole of the Works).

2.3 The documents forming the Contract shall be interpreted in the following order of priority:

(a) Agreement,

(b) Letter of Acceptance,

(c) Contractor’s Bid,

(d) Particular Conditions of Contract,

(e) General Conditions of Contract,

(f) Specifications,

(g) Drawings,

(h) Bill of Quantities as per the Letter of Financial Bid,7 and

(i) Any other document listed in the PCC as forming part of the Contract.

3. Language and Law 3.1 The language of the Contract and the law governing the Contract are stated in the PCC.

4. Project Manager’s Decisions

4.1 Except where otherwise specifically stated, the Project Manager shall decide contractual matters between the Employer and the Contractor in

7 In lump sum contracts, delete “Bill of Quantities” and replace with “Activity Schedule.”

the role representing the Employer.

5. Delegation 5.1 Otherwise specified in the PCC, the Project Manager may delegate any of his duties and responsibilities to other people, except to the Adjudicator, after notifying the Contractor, and may revoke any delegation after notifying the Contractor.

6. Communications 6.1 Communications between parties that are referred to in the Conditions shall be effective only when in writing. A notice shall be effective only when it is delivered.

7. Subcontracting 7.1 The Contractor may subcontract with the approval of the Project Manager, but may not assign the Contract without the approval of the Employer in writing. Subcontracting shall not alter the Contractor’s obligations.

8. Other Contractors 8.1 The Contractor shall cooperate and share the Site with other contractors, public authorities, utilities, and the Employer between the dates given in the Schedule of Other Contractors, as referred to in the PCC. The Contractor shall also provide facilities and services for them as described in the Schedule. The Employer may modify the Schedule of Other Contractors, and shall notify the Contractor of any such modification.

9. Personnel and Equipment

9.1 The Contractor shall employ the key personnel and use the equipment identified in its Bid, to carry out the Works or other personnel and equipment approved by the Project Manager. The Project Manager shall approve any proposed replacement of key personnel and equipment only if their relevant qualifications or characteristics are substantially equal to or better than those proposed in the Bid.

9.2 If the Project Manager asks the Contractor to remove a person who is a member of the Contractor’s staff or work force, stating the reasons, the Contractor shall ensure that the person leaves the Site within seven days and has no further connection with the work in the Contract.

10. Employer’s and Contractor’s Risks

10.1 The Employer carries the risks which this Contract states are Employer’s risks, and the Contractor carries the risks which this Contract states are Contractor’s risks.

11. Employer’s Risks 11.1 From the Start Date until the Defects Liability Certificate has been issued, the following are Employer’s risks:

(a) The risk of personal injury, death, or loss of or damage to property (excluding the Works, Plant, Materials, and Equipment), which are due to

(i) use or occupation of the Site by the Works or for the purpose of the Works, which is the unavoidable result of the Works or

(ii) Negligence, breach of statutory duty, or interference with any legal right by the Employer or by any person employed by or contracted to him except the Contractor.

(b) The risk of damage to the Works, Plant, Materials, and Equipment to the extent that it is due to a fault of the Employer or in the

Employer’s design, or due to war or radioactive contamination directly affecting the country where the Works are to be executed.

11.2 From the Completion Date until the Defects Liability Certificate has been issued, the risk of loss of or damage to the Works, Plant, and Materials is an Employer’s risk except loss or damage due to

(a) a Defect which existed on the Completion Date,

(b) an event occurring before the Completion Date, which was not itself an Employer’s risk, or

(c) The activities of the Contractor on the Site after the Completion Date.

12. Contractor’s Risks 12.1 From the Starting Date until the Defects Liability Certificate has been issued, the risks of personal injury, death, and loss of or damage to property (including, without limitation, the Works, Plant, Materials, and Equipment) which are not Employer’s risks are Contractor’s 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 Contractor’s risks:

(a) loss of or damage to the Works, Plant, and Materials;

(b) loss of or damage to Equipment;

(c) loss of or damage to property (except the Works, Plant, Materials, and Equipment) in connection with the Contract; and

(d) Personal injury or death.

13.2 Policies and certificates for insurance shall be delivered by the Contractor to the Project Manager for the Project Manager’s approval before the Start Date. All such insurance shall provide for compensation to be payable in the types and proportions of currencies required to rectify the loss or damage incurred.

13.3 If the Contractor does not provide any of the policies and certificates required, the Employer may affect the insurance which the Contractor should have provided and recover the premiums the Employer has paid from payments otherwise due to the Contractor or, if no payment is due, the payment of the premiums shall be a debt due.

13.4 Alterations to the terms of an insurance shall not be made without the approval of the Project Manager.

13.5 Both parties shall comply with any conditions of the insurance policies.

14. Site Data

14.1 The Contractor shall be deemed to have examined any Site Data referred to in the PCC, supplemented by any information available to the Contractor.

15. Contractor to 15.1 The Contractor shall construct and install the Works in accordance with

Construct the Works

the Specifications and Drawings.

16. The Works to Be Completed by the Intended Completion Date

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

17. Approval by the Project Manager

17.1 The Contractor shall submit Specifications and Drawings showing the proposed Temporary Works to the Project Manager, for his approval.

17.2 The Contractor shall be responsible for design of Temporary Works.

17.3 The Project Manager’s approval shall not alter the Contractor’s responsibility for design of the Temporary Works.

17.4 The Contractor shall obtain approval of third parties to the design of the Temporary Works, where required.

17.5 All Drawings prepared by the Contractor for the execution of the temporary or permanent Works, are subject to prior approval by the Project Manager before this use.

18. Safety 18.1 The Contractor shall be responsible for the safety of all activities on the Site.

19. Discoveries 19.1 Anything of historical or other interest or of significant value unexpectedly discovered on the Site shall be the property of the Employer. The Contractor shall notify the Project Manager of such discoveries and carry out the Project Manager’s instructions for dealing with them.

20. Possession of the Site

20.1 The Employer shall give possession of all parts of the Site to the Contractor. If possession of a part is not given by the date stated in the PCC, the Employer shall be deemed to have delayed the start of the relevant activities, and this shall be a Compensation Event.

21. Access to the Site 21.1 The Contractor shall allow the Project Manager and any person authorized by the Project Manager access to the Site and to any place where work in connection with the Contract is being carried out or is intended to be carried out.

22. Instructions, Inspections and Audits

22.1 The Contractor shall carry out all instructions of the Project Manager which comply with the applicable laws where the Site is located.

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 Contractor’s 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 TMEA’s 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 TMEA’s prevailing sanctions procedures).

23. Appointment of the Adjudicator

23.1 The Adjudicator shall be appointed jointly by the Employer and the Contractor, at the time of the Employer’s 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.

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 Manager’s 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 Adjudicator’s written decision. If neither party refers the dispute to arbitration within the above 28 days, the Adjudicator’s 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 Manager’s approval of the Program shall not alter the Contractor’s obligations. The Contractor may revise the Program and submit it to the Project Manager again at any time. A revised Program shall show the effect of Variations and Compensation Events.

26. Extension of the Intended Completion Date

26.1 The Project Manager shall extend the Intended Completion Date if a Compensation Event occurs or a Variation is issued which makes it impossible for Completion to be achieved by the Intended Completion Date without the Contractor taking steps to accelerate the remaining work, which would cause the Contractor to incur additional cost.

26.2 The Project Manager shall decide whether and by how much to extend the Intended Completion Date within 21 days of the Contractor asking the Project Manager for a decision upon the effect of a Compensation Event or Variation and submitting full supporting information. If the Contractor has failed to give early warning of a delay or has failed to cooperate in dealing with a delay, the delay by this failure shall not be considered in assessing the new Intended Completion Date.

27. Acceleration 27.1 When the Employer wants the Contractor to finish before the Intended Completion Date, the Project Manager shall obtain priced proposals for achieving the necessary acceleration from the Contractor. If the Employer accepts these proposals, the Intended Completion Date shall be adjusted accordingly and confirmed by both the Employer and the Contractor.

27.2 If the Contractor’s priced proposals for an acceleration are accepted by the Employer, they are incorporated in the Contract Price and treated as a Variation.

28. Delays Ordered by 28.1 The Project Manager may instruct the Contractor to delay the start or

the Project Manager

progress of any activity within the Works.

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. Early Warning 30.1 The Contractor shall warn the Project Manager at the earliest opportunity of specific likely future events or circumstances that may adversely affect the quality of the work, increase the Contract Price, or delay the execution of the Works. The Project Manager may require the Contractor to provide an estimate of the expected effect of the future event or circumstance on the Contract Price and Completion Date. The estimate shall be provided by the Contractor as soon as reasonably possible.

30.2 The Contractor shall cooperate with the Project Manager in making and considering proposals for how the effect of such an event or circumstance can be avoided or reduced by anyone involved in the work and in carrying out any resulting instruction of the Project Manager.

C. Quality Control

31. Identifying Defects 31.1 The Project Manager shall check the Contractor’s work and notify the Contractor of any Defects that are found. Such checking shall not affect the Contractor’s 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 Manager’s notice.

34. Uncorrected Defects

34.1 If the Contractor has not corrected a Defect within the time specified in the Project Manager’s notice, the Project Manager shall assess the cost of having the Defect corrected, and the Contractor shall pay this amount.

D. Cost Control

35. Contract Price 35.1 In the case of an admeasurement contract, the Bill of Quantities shall contain priced items for the Works to be performed by the Contractor. The Bill of Quantities is used to calculate the Contract Price. The Contractor will be paid for the quantity of the work accomplished at the rate in the Bill of Quantities for each item.

35.2 In the case of a lump sum contract, the Activity Schedule shall contain the priced activities for the Works to be performed by the Contractor. The Activity Schedule is used to monitor and control the performance of activities on which basis the Contractor will be paid. If payment for Materials on Site shall be made separately, the Contractor shall show delivery of Materials to the Site separately on the Activity Schedule.

36. Changes in the Contract Price

36.1 In the case of an admeasurement contract:

(a) If the final quantity of the work done differs from the quantity in the Bill of Quantities for the particular item by more than 25 percent, provided the change exceeds 1 percent of the Initial Contract Price, the Project Manager shall adjust the rate to allow for the change.

(b) The Project Manager shall not adjust rates from changes in quantities if thereby the Initial Contract Price is exceeded by more than 15 percent, except with the prior approval of the Employer.

(c) If requested by the Project Manager, the Contractor shall provide the Project Manager with a detailed cost breakdown of any rate in the Bill of Quantities.

36.2 In the case of a lump sum contract, the Activity Schedule shall be amended by the Contractor to accommodate changes of Program or method of working made at the Contractor’s 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 Contractor’s 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 Manager’s own forecast of the effects of the Variation on the Contractor’s 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 Contractor’s monthly statement and certify the amount to be paid to the Contractor.

39.3 The value of work executed shall be determined by the Project Manager.

39.4 The value of work executed shall comprise:

(a) In the case of an admeasurement contract, the value of the quantities of work in the Bill of Quantities that have been completed; or

(b) In the case of a lump sum contract, the value of work executed shall comprise the value of completed activities in the Activity Schedule.

39.5 The value of work executed shall include the valuation of Variations and Compensation Events.

39.6 The Project Manager may exclude any item certified in a previous certificate or reduce the proportion of any item previously certified in any certificate in the light of later information.

40. Payments 40.1 Payments shall be adjusted for deductions for advance payments and retention. The Employer shall pay the Contractor the amounts certified by the Project Manager within 28 days of the date of each certificate. If the Employer makes a late payment, the Contractor shall be paid interest on the late payment in the next payment. Interest shall be calculated from the date by which the payment should have been made up to the date when the late payment is made at the prevailing rate of interest for

commercial borrowing for each of the currencies in which payments are made.

40.2 If an amount certified is increased in a later certificate or as a result of an award by the Adjudicator or an Arbitrator, the Contractor shall be paid interest upon the delayed payment as set out in this clause. Interest shall be calculated from the date upon which the increased amount would have been certified in the absence of dispute.

40.3 Unless otherwise stated, all payments and deductions shall be paid or charged in the proportions of currencies comprising the Contract Price.

40.4 Items of the Works for which no rate or price has been entered in shall not be paid for by the Employer and shall be deemed covered by other rates and prices in the Contract.

41. Compensation Events

41.1 The following shall be Compensation Events: -

(a) The Employer does not give access to a part of the Site by the Site Possession Date pursuant to GCC Sub-Clause 20.1.

(b) The Employer modifies the Schedule of Other Contractors in a way that affects the work of the Contractor under the Contract.

(c) The Project Manager orders a delay or does not issue Drawings, Specifications, or instructions required for execution of the Works on time.

(d) The Project Manager instructs the Contractor to uncover or to carry out additional tests upon work, which is then found to have no Defects.

(e) The Project Manager unreasonably does not approve a subcontract to be let.

(f) Ground conditions are substantially more adverse than could reasonably have been assumed before issuance of the Letter of Acceptance from the information issued to bidders (including the Site Investigation Reports), from information available publicly and from a visual inspection of the Site.

(g) The Project Manager gives an instruction for dealing with an unforeseen condition, caused by the Employer, or additional work required for safety or other reasons.

(h) Other contractors, public authorities, utilities, or the Employer does not work within the dates and other constraints stated in the Contract, and they cause delay or extra cost to the Contractor.

(i) The advance payment is delayed.

(j) The effects on the Contractor of any of the Employer’s Risks.

(k) The Project Manager unreasonably delays issuing a Certificate of

Completion.

41.2 If a Compensation Event would cause additional cost or would prevent the work being completed before the Intended Completion Date, the Contract Price shall be increased and/or the Intended Completion Date shall be extended. The Project Manager shall decide whether and by how much the Contract Price shall be increased and whether and by how much the Intended Completion Date shall be extended.

41.3 As soon as information demonstrating the effect of each Compensation Event upon the Contractor’s 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 Contractor’s forecast is deemed unreasonable, the Project Manager shall adjust the Contract Price based on the Project Manager’s 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 Employer’s interests are adversely affected by the Contractor’s 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 Employer’s country specified in the PCC, the exchange rates used for calculating the amounts to be paid shall be the exchange rates stated in the Contractor’s Bid.

44. Price Adjustment 44.1 Prices shall be adjusted for fluctuations in the cost of inputs only if provided for in the PCC. If so provided, the amounts certified in each payment certificate, before deducting for Advance Payment, shall be adjusted by applying the respective price adjustment factor to the payment amounts due in each currency. A separate formula of the type indicated below applies to each Contract currency:

Pc = Ac + Bc Imc/Ioc

where:

Pc is the adjustment factor for the portion of the Contract Price payable in a specific currency “c.”

Ac and Bc are coefficients8 specified in the PCC, representing the nonadjustable and adjustable portions, respectively, of the Contract Price payable in that specific currency “c;” and

Imc is the index prevailing at the end of the month being invoiced and Ioc is the index prevailing 28 days before Bid opening for inputs payable; both in the specific currency “c.”

44.2 If the value of the index is changed after it has been used in a calculation, the calculation shall be corrected and an adjustment made in the next payment certificate. The index value shall be deemed to take account of all changes in cost due to fluctuations in costs.

45. Retention 45.1 The Employer shall retain from each payment due to the Contractor the proportion stated in the PCC until Completion of the whole of the Works.

45.2 Upon the issue of a Certificate of Completion of the Works by the Project Manager, in accordance with GCC 51.1, half the total amount retained shall be repaid to the Contractor and half when the Defects Liability Period has passed and the Project Manager has certified that all Defects notified by the Project Manager to the Contractor before the end of this period have been corrected. The Contractor may substitute retention money with an “on demand” bank guarantee.

46. Liquidated Damages

46.1 The Contractor shall pay liquidated damages to the Employer at the rate per day stated in the PCC for each day that the Completion Date is later than the Intended Completion Date. The total amount of liquidated damages shall not exceed the amount defined in the PCC. The Employer may deduct liquidated damages from payments due to the Contractor. Payment of liquidated damages shall not affect the Contractor’s liabilities.

46.2 If the Intended Completion Date is extended after liquidated damages have been paid, the Project Manager shall correct any overpayment of liquidated damages by the Contractor by adjusting the next payment certificate. The Contractor shall be paid interest on the overpayment, calculated from the date of payment to the date of repayment, at the rates specified in GCC Sub-Clause 40.1.

47. Bonus 47.1 The Contractor shall be paid a Bonus calculated at the rate per calendar day stated in the PCC for each day (less any days for which the Contractor is paid for acceleration) that the Completion is earlier than the Intended Completion Date. The Project Manager shall certify that the Works are complete, although they may not be due to be complete.

48. Advance Payment 48.1 The Employer shall make advance payment to the Contractor of the amounts stated in the PCC by the date stated in the PCC, against provision by the Contractor of an Unconditional Bank Guarantee in a form and by an

8 The sum of the two coefficients Ac and Bc should be 1 (one) in the formula for each currency. Normally, both

coefficients shall be the same in the formulae for all currencies, since coefficient A, for the nonadjustable

portion of the payments, is a very approximate figure (usually 0.15) to take account of fixed cost elements or

other nonadjustable components. The sum of the adjustments for each currency are added to the Contract

Price. [To be transferred to the User Guide]

acceptable to the Employer in amounts and currencies equal to the advance payment. The Guarantee shall remain effective until the advance payment has been repaid, but the amount of the Guarantee shall be progressively reduced by the amounts repaid by the Contractor. Interest shall not be charged on the advance payment.

48.2 The Contractor is to use the advance payment only to pay for Equipment, Plant, Materials, and mobilization expenses required specifically for execution of the Contract. The Contractor shall demonstrate that advance payment has been used in this way by supplying copies of invoices or other documents to the Project Manager.

48.3 The advance payment shall be repaid by deducting proportionate amounts from payments otherwise due to the Contractor, following the schedule of completed percentages of the Works on a payment basis. No account shall be taken of the advance payment or its repayment in assessing valuations of work done, Variations, price adjustments, Compensation Events, Bonuses, or Liquidated Damages.

49. Securities 49.1 The Performance Security shall be provided to the Employer no later than the date specified in the Letter of Acceptance and shall be issued in an amount specified in the PCC, by a bank or surety acceptable to the Employer, and denominated in the types and proportions of the currencies in which the Contract Price is payable. The Performance Security shall be valid until a date 28 days from the date of issue of the Certificate of Completion in the case of a Bank Guarantee, and until one year from the date of issue of the Completion Certificate in the case of a Performance Bond.

50. Dayworks 50.1 If applicable, the Dayworks rates in the Contractor’s Bid shall be used only when the Project Manager has given written instructions in advance for additional work to be paid for in that way.

50.2 All work to be paid for as Dayworks shall be recorded by the Contractor on forms approved by the Project Manager. Each completed form shall be verified and signed by the Project Manager within two days of the work being done.

50.3 The Contractor shall be paid for Dayworks subject to obtaining signed Dayworks forms.

51. Cost of Repairs 51.1 Loss or damage to the Works or Materials to be incorporated in the Works between the Start Date and the end of the Defects Correction periods shall be remedied by the Contractor at the Contractor’s cost if the loss or damage arises from the Contractor’s acts or omissions.

E. Finishing the Contract

52. Completion 52.1 The Contractor shall request the Project Manager to issue a Certificate of Completion of the Works, and the Project Manager shall do so upon deciding that the whole of the Works is completed.

53. Taking Over 53.1 The Employer shall take over the Site and the Works within seven days

of the Project Manager’s issuing a certificate of Completion.

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

55. Operating and Maintenance Manuals

55.1 If “as built” Drawings and/or operating and maintenance manuals are required, the Contractor shall supply them by the dates stated in the PCC.

55.2 If the Contractor does not supply the Drawings and/or manuals by the dates stated in the PCC pursuant to GCC Sub-Clause 55.1, or they do not receive the Project Manager’s approval, the Project Manager shall withhold the amount stated in the PCC from payments due to the Contractor.

56. Termination 56.1 The Employer or the Contractor may terminate the Contract if the other party causes a fundamental breach of the Contract.

56.2 Fundamental breaches of Contract shall include, but shall not be limited to, the following:

(a) the Contractor stops work for 28 days when no stoppage of work is shown on the current Program and the stoppage has not been authorized by the Project Manager;

(b) the Project Manager instructs the Contractor to delay the progress of the Works, and the instruction is not withdrawn within 28 days;

(c) the Employer or the Contractor is made bankrupt or goes into liquidation other than for a reconstruction or amalgamation;

(d) a payment certified by the Project Manager is not paid by the Employer to the Contractor within 84 days of the date of the Project Manager’s certificate;

(e) the Project Manager gives Notice that failure to correct a particular Defect is a fundamental breach of Contract and the Contractor fails to correct it within a reasonable period of time determined by the Project Manager;

(f) the Contractor does not maintain a Security, which is required;

(g) the Contractor has delayed the completion of the Works by the number of days for which the maximum amount of liquidated damages can be paid, as defined in the PCC; or

(h) If the Contractor, in the judgment of the Employer, has engaged in corrupt or fraudulent practices in competing for or in executing the Contract, pursuant to GCC Clause 57.1.

56.3 When either party to the Contract gives notice of a breach of Contract to the Project Manager for a cause other than those listed under GCC Sub-Clause 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 Sub-Clause 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:

(i) “corrupt practice” is the offering, giving, receiving or soliciting, directly or indirectly, of anything of value to influence improperly the actions of another party9;

(ii) “fraudulent practice” is any act or omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to avoid an obligation10;

(iii) “collusive practice” is an arrangement between two or more parties11 designed to achieve an improper purpose, including to influence improperly the actions of another party;

9 “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. 10 “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. 11 “Parties” refers to participants in the procurement process (including public officials) attempting to establish bid

prices at artificial, non competitive levels.

(iv) “coercive practice” is impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly the actions of a party12;

(v) “obstructive practice” is

(aa) deliberately destroying, falsifying, altering or concealing of evidence material to the investigation or making false statements to investigators in order to materially impede a TMEA investigation into allegations of a corrupt, fraudulent, coercive or collusive practice; and/or threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation; or

(bb) acts intended to materially impede the exercise of the TMEA’s inspection and audit rights provided for under Sub-Clause 22.2.

58. Payment upon Termination

58.1 If the Contract is terminated because of a fundamental breach of Contract by the Contractor, the Project Manager shall issue a certificate for the value of the work done and Materials ordered less advance payments received up to the date of the issue of the certificate and less the percentage to apply to the value of the work not completed, as indicated in the PCC. Additional Liquidated Damages shall not apply. If the total amount due to the Employer exceeds any payment due to the Contractor, the difference shall be a debt payable to the Employer.

58.2 If the Contract is terminated for the Employer’s convenience or because of a fundamental breach of Contract by the Employer, the Project Manager shall issue a certificate for the value of the work done, Materials ordered, the reasonable cost of removal of Equipment, repatriation of the Contractor’s personnel employed solely on the Works, and the Contractor’s costs of protecting and securing the Works, and less advance payments received up to the date of the certificate.

59. Property 59.1 All Materials on the Site, Plant, Equipment, Temporary Works, and Works shall be deemed to be the property of the Employer if the Contract is terminated because of the Contractor’s default.

60. Release from Performance

60.1 If the Contract is frustrated by the outbreak of war or by any other event entirely outside the control of either the Employer or the Contractor, the Project Manager shall certify that the Contract has been frustrated. The Contractor shall make the Site safe and stop work as quickly as possible after receiving this certificate and shall be paid for all work carried out before receiving it and for any work carried out afterwards to which a commitment was made.

12 “Party” refers to a participant in the procurement process or contract execution.

61. Suspension of TMEA Funding or Credit

61.1 In the event that the TMEA suspends the Funding or Credit to the Employer, from which part of the payments to the Contractor are being made:

(a) The Employer is obligated to notify the Contractor of such suspension within 7 days of having received the TMEA’s suspension notice.

(b) If the Contractor has not received sums due it within the 28 days for payment provided for in Sub-Clause 40.1, the Contractor may immediately issue a 14-day termination notice.

Section VIII - Particular Conditions of Contract 8-167

Section VIII - Particular Conditions of Contract

A. General

GCC 1.1 (d) The financing institution is: TradeMark East Africa

GCC 1.1 (s) The Client/Employer is: Kenya Ports Authority

GCC 1.1 (v) The Intended Completion Date for the whole of the Works shall be: 12 months for both Lot A and Lot B running concurrently

GCC 1.1 (z) The Project Manager is:

The General Manager Infrastructure Development of Kenya Ports Authority. The Project Manager shall delegates its duties and responsibilities to the Entity specified under GCC 5.1 below.

The Deputy Project Manager is: TBD from KPA Engineers

GCC 1.1 (aa) The Site is located at: The G-Section within the Port of Mombasa

GCC 1.1 (dd) The Start Date shall be immediately upon signing of contract but not later than 2 weeks thereafter.

GCC 1.1 (hh) The Works consist of:

Rehabilitation of the G-Section Container Yard (Lot A) and Revetment Works on Lighter Quay (Lot B)

as shown on the Drawings

GCC 2.2 Sectional Completions are: Not Applicable

GCC 2.3(i) The following documents also form part of the Contract: a) Agreement; b) Letter of Acceptance; c) Contractor’s Bid; d) Performance bond; e) Advance payment guarantee; f) Pre-contract clarification meeting minutes; g) Particular Conditions of Contract; h) General Conditions of Contract; i) Specifications; j) Drawings; k) Bill of Quantities; and l) Any other document listed by the Procuring Entity in the course of the tendering process.

GCC 3.1 The language of the contract is: English

The law that applies to the Contract is the law of: Kenya

GCC 5.1 The Project manager shall delegate any of his duties and responsibilities to INROS


LACKNER SE in association with

H.P. Gauff Ingenieure

GCC 8.1 Schedule of other contractors: N/A

GCC 13.1 The minimum insurance amounts shall be:

(a) For loss or damage to the Works, Plant and Materials: Contract Price plus 15%.

(b) For loss or damage to Equipment: Full replacement cost.

(c) For loss or damage to property (except the Works, Plant, Materials, and Equipment) in connection with Contract: Full replacement cost.

(d) for personal injury or death: -

(i) Of the Contractor’s employees: as per Workmen Compensation Ordinance.

(ii) of other people: USD 100,000 per occurrence with number of occurrences unlimited.

GCC 14.1 Site Data are: refer to the drawings of the site provided

GCC 20.1 The Site Possession Date(s) shall be: one month after contract signing

GCC 23.1 & GCC 23.2

Appointing Authority for the Adjudicator: Kenya Ports Authority

GCC 24.3 Hourly rate and types of reimbursable expenses to be paid to the Adjudicator: to be negotiated.

GCC 24.4 “United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules: Any dispute, controversy, or claim arising out of or relating to this Contract, or breach, termination, or invalidity thereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force.”

Institution whose arbitration procedures shall be used: Institution Of Chartered Arbitrators of Kenya

The place of arbitration shall be: Nairobi, Kenya

B. Time Control

GCC 25.1 The Contractor shall submit for approval a Program for the Works within 14 working days from the date of the Letter of Acceptance.

GCC 25.3 The period between Program updates is 21 working days.

The amount to be withheld for late submission of an updated Program is 10% of the payment certificate value.

C. Quality Control

GCC 33.1 The Defects Liability Period is: 365 days or 1 calendar year whichever is longer.


D. Cost Control

GCC 43.1 The currency of the Employer’s 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) For currency [insert name of currency]:

(i) [Insert percentage] percent non-adjustable element (coefficient A).

(ii) [Insert percentage] percent adjustable element (coefficient B).

(b) For currency [insert name of currency]:

(i) [Insert percentage] percent non-adjustable element (coefficient A).

(ii) [Insert percentage] percent adjustable element (coefficient B).

The Index I for local currency shall be [insert index]. Not Applicable

The Index I for the specified international currency shall be [insert index].

[These proxy indices shall be proposed by the Contractor, subject to acceptance by the Employer]

The Index I for currencies other than the local currency and the specified international currency shall be [insert index].

[These proxy indices shall be proposed by the Contractor, subject to acceptance by the Employer.]

GCC 45.1 The proportion of payments retained is: 10%

GCC 46.1 The liquidated damages for the whole of the Works are one (1 %) percentage of the final Contract Price per week. The maximum amount of liquidated damages for the whole of the Works is ten (10%) percentage of the final Contract Price.

GCC 47.1 The Bonus for the whole of the Works is zero (0%) percentage of final Contract Price per day. The maximum amount of Bonus for the whole of the Works is zero (0%) percentage of the final Contract Price.

GCC 48.1 The Advance Payments shall be: twenty (20%) and shall be paid to the Contractor no later than 60 days from submission date.

GCC 49.1 The Performance Security amount is 10% of contract value in these forms

(a) First Demand Bank Guarantee

E. Finishing the Contract

GCC 55.1 The date by which operating and maintenance manuals are required shall be on completion of works


The date by which “as built” drawings are required shall be on handover.

GCC 55.2 The amount to be withheld for failing to produce “as built” drawings and/or operating and maintenance manuals by the date required in GCC 58.1 is five percent (5%) of contract price.

GCC 56.2 (g) The maximum number of days is: 5 weeks

GCC 58.1 The percentage to apply to the value of the work not completed, representing the Employer’s additional cost for completing the Works, is ten (10%) percentage.

Section IX - Contract Forms 9-171

Section IX - Contract Forms

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


Letter of Award

[On letterhead paper of the Procuring Entity]

. . . . . . . [Date]. . . . . . . To: . . . . . . . . . . [Name and address of the Contractor] . . . . . . . . . . Subject: . . . . . . . . . . [Notification of Award Contract No]. . . . . . . . . . .

This is to notify you that your Bid dated . . . . [Insert date] . . . . For execution of the: Civil Works for the Rehabilitation of the G-Section (Lot A)/Revetment Works on Lighter Quay (Lot B)

[Insert identification number, as given in the Appendix to Bid] . . . . . . . . . . for the Accepted Contract Amount of the equivalent of . . . . . . . . . [Insert amount in numbers and words and name of currency], as corrected and modified in accordance with the Instructions to Bidders is hereby accepted by our Agency. You are requested to furnish the Performance Security within 28 days in accordance with the Conditions of Contract, using for that purpose the of the Performance Security Form included in Section IX (Contract Forms) of the Bidding Document. [Choose one of the following statements:] We accept that __________________________ [insert the name of Adjudicator proposed by the Bidder] be appointed as the Adjudicator. [Or] We do not accept that _______________________[insert the name of the Adjudicator proposed by the Bidder] be appointed as the Adjudicator, and by sending a copy of this Letter of Acceptance to ________________________________________[insert name of the Appointing Authority], the Appointing Authority, we are hereby requesting such Authority to appoint the Adjudicator in accordance with ITB 42.1 and GCC 23.1. Authorized Signature: ................................................................................................................................. Name and Title of Signatory: ...................................................................................................................... Name of Agency: ........................................................................................................................................ Attachment: Contract Agreement


Contract Agreement

THIS AGREEMENT made the . . . . . .day of . . . . . . . . . . . . . . . . ., . . . . . . ., between . . . . . [name of the Employer]. . . . .. . . . . (Hereinafter “the Employer”), of the one part, and . . . . . [name of the Contractor]. . . . .(hereinafter “the Contractor”), of the other part: WHEREAS the Employer desires that the Works known as Civil Works for the Rehabilitation of the G-Section Container Yard (Lot A)/ Revetment Works on Lighter Quay (Lot B ) should be executed by the Contractor, and has accepted a Bid by the Contractor for the execution and completion of these Works and the remedying of any defects therein, ’Whereas the Employer and the Contractor agree that in case of the General Conditions of Contract are not clear or specific on the role of the duties, responsibilities and decision powers of the Project Manager, that of the Engineer as defined in the Conditions of Contract for Construction for Building and Engineering works, edition 1999 by the International Federation of Consulting Engineers (FIDIC) shall govern. The Employer and the Contractor agree as follows:

1. In this Agreement words and expressions shall have the same meanings as are respectively assigned to them in the Contract documents referred to.

2. The following documents shall be deemed to form and be read and construed as part of this Agreement. This Agreement shall prevail over all other Contract documents.

(a) the Letter of Acceptance

(b) the Bid

(c) The Addenda Nos . . . . . [insert addenda numbers if any]. . . . .

(d) the Particular Conditions

(e) the General Conditions;

(f) the Specification

(g) the Drawings; and

(h) the completed Schedules,

3. In consideration of the payments to be made by the Employer to the Contractor as indicated in this Agreement, the Contractor hereby covenants with the Employer to execute the Works and to remedy defects therein in conformity in all respects with the provisions of the Contract.

4. The Employer hereby covenants to pay the Contractor in consideration of the execution and completion of the Works and the remedying of defects therein, the Contract Price or such other sum as may become payable under the provisions of the Contract at the times and in the manner prescribed by the Contract.

IN WITNESS whereof the parties hereto have caused this Agreement to be executed in accordance with the laws of Kenya on the day, month and year indicated above.


Signed by: Signed by:

for and on behalf of the Employer for and on behalf the Contractor

in the presence of:

in the presence of:

Witness, Name, Signature, Address, Date Witness, Name, Signature, Address, Date


Performance Security

[Bank’s 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


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 Employer’s written request for such extension, such request to be presented to the Guarantor before the expiry of the guarantee.”


Advance Payment Security

[Bank’s Name, and Address of Issuing Branch or Office]

Beneficiary: TradeMark East Africa, Equatorial Fidelity Centre, 2nd Floor, Waiyaki Way, Westlands, Nairobi, KENYA. Date: ......................................................................................................................................................... Advance Payment Guarantee No.: ............................................................................................................

We have been informed that . . . . . [name of the Contractor]. . . . . (hereinafter called “the Contractor”) has entered into Contract No. . . . . . [reference number of the Contract]. . . . . dated . . . . . . . .with you, for

the execution of Civil Works for the Rehabilitation of the G-Section (Lot A)/Revetment Works on Lighter

Quay (Lot B) (hereinafter called “the Contract”).

Furthermore, we understand that, according to the Conditions of the Contract, an advance payment in the sum . . . . . [name of the currency and amount in figures] 1. . . . . . (. . . . . [amount in words]. . . . . ) is to be made against an advance payment guarantee.

At the request of the Contractor, we . . . . . [name of the Bank]. . . . . hereby irrevocably undertake to pay you any sum or sums not exceeding in total an amount of . . . . . [name of the currency and amount in figures]*. . . . . . (. . . . . [amount in words]. . . . . ) upon receipt by us of your first demand in writing accompanied by a written statement stating that the Contractor is in breach of its obligation under the Contract because the Contractor used the advance payment for purposes other than the costs of mobilization in respect of the Works.

It is a condition for any claim and payment under this guarantee to be made that the advance payment referred to above must have been received by the Contractor on its account number . . . . . [Contractor’s 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)]. . . . . . . . . . . . . .

NNoottee –– 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.


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 Employer’s written request for such extension, such request to be presented to the Guarantor before the expiry of the guarantee.


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 Africa’s

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.



4. If any of the provisions of this Agreement are found to be unenforceable, the remainder shall be enforced

as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent

required to permit enforcement of the Agreement as a whole.

WHEREFORE, the parties acknowledge that they have read and understand this Agreement and voluntarily

accept the duties and obligations set forth herein.

On behalf of Trademark East Africa: On Behalf of the Service provider:

Name Name:

Signature: Signature:

Date: Date: