GENERAL INSTRUCTION TO CONTRACTORS (GIC)1

1

REQUEST FOR QUOTATION (RFQ) AND

GENERAL INSTRUCTION TO CONTRACTORS (GIC)1

To : _____________________________

Project : IOM GIGIRI RENOVATIONS

Ref. No.: NBO19-0913

Date : 28TH November 2019

The International Organization for Migration (IOM) is an intergovernmental organization

established in 1951 and is committed to the principle that humane and orderly migration benefits

both migrants and society.

In the framework of proposed renovation works at IOM GIGIRI, Nairobi. IOM invites

interested eligible Contractors to submit Quotations for the implementation of proposed

renovation works at IOM GIGIRI, Nairobi. As per attached Bill of Quantity and Drawings.

With this Request for Quotation (RFQ) is the General Instructions to Contractors (GIC) which

includes Instructions to Contractors, Technical Specifications and administrative requirements

that Contractors will need to follow in order to prepare and submit their quotation for

consideration by IOM.

IOM reserves the right to accept or reject any quotations, and to cancel the procurement process

and reject all quotations at any time prior to award of Purchase Order or Contract, without thereby

incurring any liability to the affected Contractor/s or any obligation to inform the affected

Contractor/s of the ground for the IOM’s action.

Very truly yours,

Jean Nahesi Kutumbakana

Procurement and Logistics Officer

Email [email protected]

IOM is encouraging companies to use recycled materials or materials coming from sustainable

resources or produced using a technology that has lower ecological footprints.

1 This RFQ template is to be used for procurement of Works requiring a more formal selection process with cost

threshold of less than USD300, 000. It contains general instruction to Contractors and applicable forms which can

be modified by the Mission to suit their specific requirements.

GPSU.SF-19.03

mailto:[email protected]

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GENERAL INSTRUCTION TO CONTRACTORS (GIC)

1. Description of Works

IOM request prospective Contractors to submit quotation for the implementation of

proposed renovation works at IOM GIGIRI, Nairobi.

2. Corrupt, Fraudulent and Coercive Practices

IOM requires that all IOM Staff, contractors, manufacturers, suppliers or distributors,

observe the highest stand of ethics during the procurement and execution of all contracts.

IOM shall reject any proposal put forward by contractors, or where applicable terminate

their contract, if it is determined that they have engaged in corrupt, fraudulent, collusive or

coercive practices. In pursuance of this policy, IOM defines for purposes of this paragraph

the terms set forth below as follows:

Corrupt practice means the offering, giving, receiving or soliciting, directly or

indirectly, of anything of value to influence the action of the Procuring/Contracting

Entity in the procurement process or in contract execution;

Fraudulent practice is any act or omission, including a misrepresentation, that

knowingly or recklessly misleads, or attempts to mislead, the Procuring/Contracting

Entity in the procurement process or the execution of a contract, to obtain a financial

gain or other benefit to avoid an obligation;

Collusive practice is an undisclosed arrangement between two or more contractors

designed to artificially alter the results of the tender procedure to obtain a financial

gain or other benefit;

Coercive practice is impairing or harming, or threatening to impair or harm, directly

or indirectly, any participant in the tender process to influence improperly its

activities in a procurement process, or affect the execution of a contract

3. Conflict of Interest

A contractor found to have a conflicting interest to another contractor or in relation with the

Procurement Entity shall be disqualified from participating in a tender. A contractor may

be considered to have conflicting interest under any of the circumstances set forth below:

A Contractor has controlling shareholders in common with another contractor;

A Contractor receives or has received any direct or indirect subsidy from another

Contractor;

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A Contractor has the same representative as that of another Contractor for purpose of

this quotation;

A Contractor has a relationship, directly or through their parties, that puts them in a

position to have access to information about or influence on the Quotation of another

or influence the decision of the Mission/procuring Entity regarding this Quotation

process;

A Contractor who participated as a consultant in the preparation of the design or

technical specifications of the Goods and related services that are subject of the

quotation.

4. Eligible Contractor

Only Contractors that are determined eligible shall be considered for award. The Contractor

shall fill up and submit the standard IOM Vendor Information Sheet (VIS) (Annex C) to

establish the Contractor’s eligibility together with the Quotation. To qualify for award of

the Contract, bidders shall meet the following minimum qualifying criteria

(a) annual volume of construction work of at least of Kes 6,000,000 in the last three years

.

(b) experience as prime contractor in the construction of at least 2 works of a nature and

complexity equivalent to the Works over the last 3 years, to comply with this

requirement, cost of works cited should be at least equivalent to [insert % vs.

estimated project cost – usually 100% ] of the estimated

project cost and should be at least 70 percent complete;

(c) proposals for the timely acquisition (own, lease, hire, etc.) of the essential equipment

listed in the Qualification Information;

(d) a Contract Manager with 5 years’ experience in works of an equivalent nature and

volume, including no less than three years as Manager; and

(e) liquid assets and/or credit facilities, net of other contractual commitments and

exclusive of any advance payments which may be made under the Contract, is no less

than KES 6,000,000.

5. Cost of Quotation Preparation

The Contractor shall bear all costs associated with the preparation and submission of his

Quotation and IOM will not in any case be responsible and liable for the cost incurred.

6. Errors, omissions, inaccuracies, variations and clarification in the Quotation

Documents

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The documents and forms requested for the purpose of soliciting Quotations shall form part

of the Contract; hence care should be taken in completing these documents.

Contractors shall not be entitled to base any claims on errors, omissions, or inaccuracies made

in the Quotation Documents. Contractors requiring any clarifications on the content of this

document may notify the IOM in writing at the following address.

Jean Nahesi KUTUMBAKANA

Logistics and Procurement Officer

International Organization for Migration (IOM)

P. O. Box 55040 - 00200, Nairobi

Kenya

Mobile: +254 700 705 665

Email: [email protected]

IOM will respond to any request for clarification received on or before 2nd Dec 2019

before 2pm. Copies of the response including description of the clarification will be given

to all Contractors who received this General Instruction, without identifying the source of

the inquiry.

7. Confidentiality and Non-Disclosure

All information given in writing to or verbally shared with the Contractor in connection with

this General Instruction is to be treated as strictly confidential. The Contractor shall not share

or invoke such information to any third party without the prior written approval of IOM. This

obligation shall continue after the procurement process has been completed whether or not the

Contractor is successful.

8. IOM’s Right to Accept any Quotation and to Reject any and all Quotations

IOM reserves the right to accept or reject any Quotation, and to cancel the procurement

process and reject all quotations submitted, at any time prior to award of contract, with out

thereby incurring any liability to the affected Contractor or Contractors or any obligation to

inform the affected Contractor or Contractors of the ground for the IOM’s action.

9. Requirements

9.1 Quotation Documents

The following shall constitute the Quotation Documents to be submitted by the

Contractors:

1.) Quotation Form (Annex A)

2.) Bill of Quantities Form (Annex B)

3.) Vendor Information Sheet Form (Annex C)

4.) Construction Schedule Form (Annex D)

5.) Key Supervisory Staff Schedule Form (Annex E)

https://twitter.com/iomronairobi

mailto:[email protected]

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6.) Equipment Schedule Form (Annex F)

7.) Plans and Specifications (Annex G)

8.) Bid/ Security Bond2 10% of total Value of the Contract (Annex H)

10.) Pro forma Contract 3(Annex I)

Each document provided as requested above under 9.1 will be evaluated with score of

10points.

Contractors are required to use the forms provided as Annexes in this document.

9.2 Quotation Form

The Quotation Form (Annex A) and other required documents shall be duly signed

and accomplished and typewritten or written in indelible ink. Any correction made to

the prices, rates or to any other information shall be rewritten in indelible ink and

initialed by the person signing the Quotation Form.

The language of the Quotations shall be in English and prices shall be quoted in KES,

exclusive of VAT.

Prices quoted by the Contractor shall be fixed during the Contractors performance of

the contract and shall not be subjected to price escalation and variation on any

account, unless otherwise approved by IOM. A submitted Quotation with an

adjustable price quotation will be treated as non-responsive and will be rejected.

9.3 Validity of Quotation Price

Quotation shall remain valid for 90 days after the deadline for quotation submission.

In exceptional circumstances, prior to expiry of the period of validity of quotations,

IOM may request that the contractors extend the period of validity for a specified

additional period. The request and the response thereto shall be made in writing. A

contractor agreeing to the request will not be required or permitted to modify its

quotation.

9.4 Documents Establishing Contractor’s Eligibility and Qualification

The Contractor shall furnish, as part of its quotation, documents establishing the

Contractors’ eligibility to submit quotation and its qualifications to perform the

contract if its quotation is accepted. The IOM’s standard Vendors Information Sheet

shall be used for this purpose (Annex C).The documentary evidence of the

Contractor’s qualifications to perform the contract if its quotation is accepted shall

be established to IOM’s satisfaction:

2 If applicable. The Security is to protect IOM against the risk of Contractors conduct especially for high value and

complex scope of works

3 If applicable. In lieu of P.O.

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(a) that the Contractor has the financial and technical capacity and track record

necessary to perform the contract;

(b) that the Contractor meets other qualification criteria.

10. Submission of Quotations

Quotation must be submitted in a sealed envelope. The Contractor must seal the “Original”

and “Copy” of the Quotation Documents as stated in item 9.1 (Quotation Documents) and

shall be addressed to Jean Nahesi KUTUMBAKANA , indicating Tender number NBO19-

0913 dropped at Reception of IOM Kenya office ,off Mzima Springs along Sri Aurobindo

Ave

Quotation shall be submitted by hand delivery, to the above address on or before 6th Dec 2019

2019 2:00 pm Late4 Quotations will not be accepted.

11. Opening of Quotations

At the indicated time and place, the opening of Quotations shall be carried out by IOM in the

presence of the Contractors who wish to attend. IOM reserve the right to conduct opening

of Quotations in public or not.

12. Acceptance of Quotations

IOM is not bound to take an immediate decision on the acceptability or unacceptability of

Quotations at the time of their opening.

13. Rejection of Quotations

Quotation can be rejected for the following reasons:

(a) the Quotation is not presented in accordance with this General

Instruction;

(c) the Quotation Form or any document which is part of the

Quotation Document is not signed;

(d) the Contractor is currently under list of blacklisted Contractors;

(e) the Contractor offer imposes certain basic conditions unacceptable to IOM

(f) the offered price is above the approved budget ()

IOM is not bound to accept any offer received and reserves the right to waive any minor

defect in an offer, provided, however, that such minor defect (i) does not modify the

substance of the offer and (ii) does not change the relative ranking of the Contractors.

14. Evaluation of Quotations

4 Quotation delivered beyond the prescribed date and time shall be considered late, the envelope shall be

immediately returned to the Contractor unopened. The date and time of submission of the quotation shall be

recorded. A quotation submission log shall be prepared for the purpose.

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IOM shall evaluate and compare the Quotations on the basis of the following:

(a) Completeness and responsiveness of the documents mentioned in 9.1

(b) Contractors technical and financial capacity to perform the Contract

(c) Compliance with construction schedule and viable methodology offered.

(d) Compliance with technical specifications.

(e) Contractors availability and capacity of equipments;

(f) Price

Arithmetical errors will be corrected on the following basis. 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. If the

Contractor does not accept the correction of the errors, its Quotation will be rejected. If

there is a discrepancy between words and figures, the amount in words will prevail.

15. Post Qualification

Prior to award, post-qualification will be carried out by IOM to further determine the

selected Contractor’s technical and financial capability to perform the contract. IOM shall

verify and validate any documents/information submitted and shall conduct ocular

inspection5 of the office, plant and equipment and previous projects.

16. Award of Contract

The Contractor that has submitted the lowest evaluated Price, substantially responsive to the

requirements of this General Instruction and who has been determined to be qualified to

perform the contract shall be selected and awarded the contract.

IOM shall notify the selected Contractor through a Notice of Award. IOM shall also notify

in writing, the other Contractors who were not selected without disclosing the reason for

rejection.

17. Delivery Site and Period of Delivery

The works shall be done in IOM GIGIRI, Nairobi.

The Works must be completed as within time specified on each of Bill of Quantity page

upon receipt of the Notice to Proceed (NTP).

18. Liquidated Damages

If the Contractor fails to deliver the works within the completion period specified in

Clause 17 above, a penalty payment of 0.1% of the cost of unfinished Works for every

day of breach of completion schedule will be requested.

5 If applicable.

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19. Payment

Payment shall be made only upon IOM’s acceptance of the Works, and upon IOM’s

receipt of invoice.6

IOM may grant an advance payment equivalent to maximum of 10% of the Contract

amount upon submission of a claim and a bank guarantee for the equivalent amount valid

until the Works are delivered and in the form provided in Annex J. The bank guarantee

may be waived if the advanced amount is less than USD Ten Thousand Dollars

(USD10,000).

20. Retention Money

There will be retention of 10% of each payment, as security for the quality of

workmanship, conformance with plans and specifications, and third party liabilities.

Notwithstanding the provisions of the Contract, the 10% retention shall be released after

the Contractor has complied with the requirements of the Certificate of Final Acceptance

and the warranty period.

The Contractor has the option to substitute the cash retained with an acceptable Bank

Guarantee of prescribed form in the same amount (Annex K).

21. Settlement of Dispute

The United Nations Commission on International Trade Law (UNCITRAL) arbitration

rules will apply for any dispute, controversy or claim that will arise in relation to the

procurement process.

6 Insert conditions if progress payment is allowed.

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Annex A

QUOTATION FORM

Date : _______________________

To : _______________________

_______________________

_______________________

Having examined the General Instruction for the Construction of [Renovation works at

IOM GIGIRI, Nairobi the receipt of which is hereby duly acknowledge, I, representing

[name of company:

…………………………………………………………………………………………………………

…………………………………………………………………………………………………………

….]. Offer to execute the requested works in conformity with the General Instruction for

the total Lump Sum amount of [total bid amount in words and figures and currencies:----

------------------------------------------------------------------------------------------------------------

------------------------------------------------------------------------------------------------------------

------------------------------------------------------------------------------------------------------------

--------------------------------------------------------------------------------------------------------]

in accordance with the Priced Bill of Quantities which is herewith attached and form part

of this Quotation.

I undertake if my offer is accepted, to deliver the Works in accordance with the Bill of

Quantities, delivery schedule, plans and specifications.

I agree to abide by this Quotation for the Validity Period specified in the General

Instruction which may be accepted at any time before the expiration of that period.

Until a formal contract is prepared and executed, this Quotation Form, together with your

Notice of Award shall constitute a binding agreement between us.

I hereby certify that this Quotation complies with the requirements stipulated in the

General Instruction.

Dated this______________day of____________20___.

________________________ ________________________________

[signature over printed name] [in the capacity of]

Duly authorized to sign Quotation for and on behalf of

____________________________________ [name of company]

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Annex B

BILL OF QUANTITIES FORM

PROJECT TITLE : __________________________

LOCATION : __________________________

________________________________________

Contractors authorized signature over printed name

ITEM

NO. ITEM DESCRIPTION QUANTITY UNIT

UNIT

PRICE

TOTAL

PRICE

GRAND TOTAL

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Annex C

VENDOR INFORMATION SHEET (VIS)

Name of the Company __________________________________________________________

Address Leased Owned Area: _______sqm

House No ___________________________________________________________

Street Name ___________________________________________________________

Postal Code ___________________________________________________________

City ___________________________________________________________

Region ___________________________________________________________

Country ___________________________________________________________

Contact Numbers/Address

Telephone Nos. ____________________ Contact Person: ______________________

Fax No. ____________________

E mail Address ____________________ Website: ______________________

Location of Plant/Warehouse Leased Owned Area: ______sqm

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

Business Organization Corporation Partnership Sole Proprietorship

Business License No.: _____________ Place/Date Issued:____________ Expiry Date ________

No. of Personnel ____________ Regular ___________ Contractual/Casual ________________

Nature of Business/Trade

Manufacturer Authorized Dealer Information Services

Wholesaler Retailer Computer Hardware

Trader Importer Service Bureau

Site Development/ Consultancy Others _________________

Construction _______________________

Number of Years in business: _________

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Complete Products & Services

________________________________________________________________________

________________________________________________________________________

Payment Details

Payment Method Cash Check Bank Transfer Others

Currency Loc.Currency USD EUR Others

Terms of Payment 30 days 15 days 7 days upon receipt of invoice

Advance Payment Yes No % of the Total PO/Contract

Bank Details:

Bank Name ______________________________________________________

Bldg and Street ______________________________________________________

City ______________________________________________________

Country ______________________________________________________

Postal Code ______________________________________________________

Country ______________________________________________________

Bank Account Name ______________________________________________________

Bank Account No. ______________________________________________________

Swift Code ______________________________________________________

Iban Number ______________________________________________________

Key Personnel & Contacts (Authorized to sign and accept PO/Contracts & other commercial

documents)

Name Title/Position Signature

_______________________ _______________________ _________________________

_______________________ _______________________ _________________________

_______________________ _______________________ _________________________

_______________________ _______________________ _________________________

Companies with whom you have been dealing for the past two years with approximate value in

US Dollars:

Company Name Business Value Contact Person/Tel. No.

_______________________ _______________________ _________________________

_______________________ _______________________ _________________________

_______________________ _______________________ _________________________

_______________________ _______________________ _________________________

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Have you ever provided products and/or services to any mission/office of IOM?

Yes No

If yes, list the department and name of the personnel to whom you provided such goods and/or

services.

Name of Person Mission/Office Items Purchased

_______________________ _______________________ _________________________

_______________________ _______________________ _________________________

_______________________ _______________________ _________________________

_______________________ _______________________ _________________________

Do you have any relative who worked with us at one time or another, or are presently employed

with IOM? If yes, kindly state name and relationship.

_______________________ _______________________ _________________________

_______________________ _______________________ _________________________

_______________________ _______________________ _________________________

_______________________ _______________________ _________________________

Trade Reference

Company Contact Person Contact Number

_______________________ _______________________ _________________________

_______________________ _______________________ _________________________

_______________________ _______________________ _________________________

_______________________ _______________________ _________________________

Banking Reference

Bank Contact Person Contact Number

_______________________ _______________________ _________________________

_______________________ _______________________ _________________________

_______________________ _______________________ _________________________

_______________________ _______________________ _________________________

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REQUIREMENTS CHECK LIST

Please submit the following documents together with the Information Sheet:

No

. Document

For IOM use only

Submitte

d

Not

Applicable

1 Company Profile (including the names of owners, key

officers, technical personnel)

2

Company's Articles of Incorporation, Partnership or

Corporation, whichever is applicable, including

amendments thereto, if any.

3

Certificate of Registration from host country's Security

& Exchange Commission or similar government

agency/department/ministry

4 Valid Government Permits/Licenses

5 Audited Financial Statements for the last 3 years*

6

Certificates from the Principals (e.g. Manufacturer's

Authorization, Certificate of Exclusive Distributorship,

Any certificate for the purpose, indicating name,

complete address and contact details)

7 Catalogues/Brochures

8 List of Plants/Warehouse/Service Facilities

9 List of Offices/Distribution Centers/Service Centers

10 Quality and Safety Standard Document / ISO 9001

11 List of all contracts entered into for the last 3 years

(indicate whether completed or ongoing ) *

12

Certification that Non-performance of contract did not

occur within the last 3 years prior to application for

evaluation based on all information on fully settled

disputes or litigation

13

For Construction Projects: List of machines &

equipment (include brand, capacity and indication if

the equipment are owned or leased by the Contractor)

* For Competitive Biddings, number of years may increase depending on the estimated contract

amount.

** Indicate if an item is not applicable. Failure to provide any of the documents mentioned above

will result in automatic "failed" rating.

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I hereby certify that the information above are

true and correct. I am also authorizing IOM to

validate all claims with concerned authorities.

Received by:

_______________________ _______________________

Signature Signature

_______________________ _______________________

Printed Name Printed Name

_______________________ ______________________

Position/Title Position/Title

_______________________ _______________________

Date Date

_____________________________FOR IOM USE ONLY_____________________________

Purchasing Organization ___________________

Account Group ___________________

Industry 001 002 003

where 001 - Transportation related to movement of migrants

002 - Goods (e.g. supplies, materials, tools)

003 - Services (e.g. professional services, consultancy, maintenance)

Vendor Type Global Local

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Annex D

CONSTRUCTION SCHEDULE

Duration in Weeks or Months

Act.No. Activity Name 1 2 3 4 5 6 7 8

1

2

3

4

5

6

7

6

7

8

9

10

11

Manpower Allocation &

Descriptions

Equipment Allocation &

Descriptions

The Contractor may use extra pages to furnish additional information or may use other

acceptable format to illustrate the construction schedule.

___________________________________________


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Annex E

KEY SUPERVISORY STAFF SCHEDULE

(to be assigned for the proposed project)

Name Position Yrs. w/

the Firm

Qualificatio

n

Largest

Cost

of Project

Handled

Years of

Experienced

On said

Position

1

2

3

4

5

6

7

8

9

10

Attached CV if not yet attached at the eligibility documents submitted.

We hereby certify that the above key supervisory staff is available for use in the

execution of the contract.

____________________________________________


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Annex F

EQUIPMENT SCHEDULE

(to be used for the proposed project)

Type/description Capacity Age Condition/Location

1

2

3

4

5

6

7

8

9

10

11

Indicate if it is owned or to be leased.

We hereby certify that the above plant and equipment are available for use in the

execution of the contract.

________________________________________


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Annex G

PLANS AND SPECIFICATIONS

[Insert here copy of Plans and Specifications or can be issued on separate volume]

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Annex H

BID SECURITY (Bank Guarantee)

WHEREAS, [name of Contractor: ----------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------

---] (hereinafter called “the Contractor”) has submitted his Quotation dated [date: -------------

----------] for the Construction of [Renovation works at the accommodations at IOM Kakuma]

(hereinafter called “the Works”).

KNOW ALL PEOPLE by these presents that We [name of Bank:----------------------------------

-------------------------------------------------------] of [name of country:-------------------------------

------------------------------------------------] having our registered office at [address:--------------

----------------------------------------------------------------------------------------------------------------

] (hereinafter called “the Bank”) are bound unto [name of IOM: IOM KENYA MISSION]

(hereinafter called “the Employer”) in the sum of [amount:-----------------------------------------

-------------------------------] for which payment well and truly to be made to the said

Employer, the Bank binds itself, its successors, and assigns by these presents.

SEALED with the Common Seal of the said Bank this [day:---------] day of [month:-----------

--------], [year:-----------------------].

THE CONDITIONS of this obligation are:

(1) If, after Quotation opening, the Contractor withdraws his Quote during the period

of price validity specified in the Quotation Form; or

(2) If the Bidder having been notified of the acceptance of his Quote by the Employer

during the period of the Price validity:

(a) fails or refuses to execute the Contract in accordance with the General

Instruction to Contractors, if required; or

(b) fails or refuses to furnish the Performance Security, in accordance with the

General Instruction to Contractors; or

(c) does not accept the correction of the Price pursuant to Clause 14,

We undertake to pay to the Employer up to the above amount upon receipt of his first written

demand, without the Employer’s having to substantiate his demand, provided that in his

demand the Employer will note that the amount claimed by him is due to him owing to the

occurrence of one or any of the two conditions, specifying the occurred condition or

conditions.

This Guarantee will remain in force up to and including the date 28 days after the date of the

expiration of the Price Validity, as stated in the General Instructions to Contractors or as it

may be extended by the Employer, notice of which extension(s) to the Bank is hereby

waived. Any demand in respect of this Guarantee should reach the Bank not later than the

above date.

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DATE SIGNATURE OF THE BANK

WITNESS SEAL

[signature, name, and address]

22

Annex I

GPSU.SF-19.19

IOM office-specific Ref.

No.:

IOM Project Code:

LEG Approval Code /

Checklist Code

CONSTRUCTION AGREEMENT

Between

the International Organization for Migration

And

[Name of the Contractor]

This Construction Agreement is entered into between the International Organization for

Migration, Mission in [XXX], [Address of the Mission], represented by [Name, Title of Chief of

Mission etc.] (hereinafter referred to as “IOM”), and [name of company] of [address], in

[country], represented by [Name, Title of the representative of the Contractor], (hereinafter

referred to as the “Contractor”). IOM and the Contractor are also referred to individually as a

“Party” and collectively as the “Parties.”

1. Introduction and Integral Documents

1.1 IOM intends to engage the services of [company’s name] for the construction of [name

of project and project code/ WBS Element] located at [address] (the “Works”). The

Works are what this Agreement requires the Contractor to construct, install and turn

over to IOM, as defined in the plans, specifications and BoQ).

1.2 The following documents form part of this Agreement and are attached as Annexes:

[add/delete as necessary]

(a) Annex A - Detailed Instruction to Bidders dated [insert date], with annexed Scope

of Work, Technical Specifications, Drawings, and General Conditions of Tender;

(b) Annex B - Bid Form including Contractor's firm and final proposal/bid dated [insert

date], with detailed Bill of Quantities (“BoQ”) and unit cost;

(c) Annex C - Approved Work Schedule;

(d) Annex D - Accepted Notice of Award (“NoA”); and

(e) Annex E - Payment Schedule.

1.3 Any other Project documentation, agreed and signed by both Parties during the

implementation of this Agreement, shall form part of this Agreement.

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1.4 All correspondence, instructions, notes and other communications relating in any way

to the performance of this Agreement will be in the English language. The English

language version of the Agreement will at all times be the version of the Agreement

which binds the Parties. Translations of the Agreement into languages other than

English may be prepared for working purposes but will have no legally binding effect

on the Parties.

1.5 If either Party finds any discrepancy or ambiguity in this Agreement, that Party must

notify the other Party in writing. The Parties agree to consult with each other to attempt

to resolve the discrepancy or ambiguity.

1.6 Unless otherwise advised by IOM in writing, all Project reports and other issues arising

under this Agreement shall be addressed to IOM’s designated Chief of Mission /

authorized Agreement signatory.

2. Scope of Work

2.1 The Contractor shall furnish all the necessary materials, tools and equipment, labor,

supervision, and other services, for the satisfactory and timely completion of the Works

in accordance with this Agreement .

2.2 Only IOM may approve any changes, modifications, deviations, and substitutions, in

the Scope of Work in accordance with Article 7 (“Work Variation”).

2.3 IOM reserves the right to supply any materials, equipment, or resources, and to delete

or reduce any work item, whether in whole or in part and update Annexes as necessary

and a reduced Contract Price shall be agreed.

3. Contract Price

3.1 The total contract price (the “Contract Price”) shall be [currency code] [insert

figure] (insert amount of money in words + currency in words) only inclusive of all

applicable fees, taxes and permits that may be imposed by any Government entity in

connection with the execution, completion, and turnover of the Works pursuant to this

Agreement .

3.2 The Contract Price and unit prices as outlined in Annex B shall be binding and shall not

be altered in any event. The Contract Price will be modified only in cases of IOM-

approved Work Variations and IOM-supplied materials as outlined in Articles 2.2 and

2.3 of this Agreement and shall be reflected in writing.

3.3 The liability of IOM to the Contractor is STRICTLY LIMITED to the Contract Price

outlined in Article 3.1, regardless of any increase in wage or labor cost or fluctuation in

the cost of materials and equipment, occurring at any time. The Contractor shall be

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liable for its under-estimation of the requirements of this Agreement, inflation or

currency devaluation, if any.

4. Manner of Payment

4.1 Payments for the Works will be done in installments in accordance with the Payment

Schedule in Annex E.

4.2 The Contractor’s Progress Claims shall be submitted to and certified by IOM’s

appointed Project Manager who will verify the value of the work done with regard to

the value of the quantities of items completed in the Bill of Quantities. The Contractor

shall submit all Progress Claims with the following attachments:

(a) Updated Financial Statement of the Project;

(b) Statement of Completed Works;

(c) Progress Photos; and

(d) Contractor's Sales Invoice.

4.3 Within 7 (seven) calendar days of Contractor’s submission of the Progress Claims and

Statement of Completed Works and all required attachments to the Project Manager.

The Project Manager shall evaluate the said Progress Claim(s). Evaluated and approved

Progress Claims shall be due and payable within 10 (ten) working days from date of

approval of Progress Claim. During this period of evaluation and processing of

payments, the Contractor shall continue progress of the work in accordance with the

Approved Work Schedule.

4.4 Any progress payment/s made by IOM does not imply nor signify acceptance of any

portion of the accomplished work and does not waive IOM’s right to enforce the

Contractor's warranty as provided in Article 14.2 of this Agreement, nor to enforce

penalties for delay.

4.5 The Contractor can only submit the final Progress Claim as per the Payment Schedule

when the Contractor has satisfactorily completed and submitted:

(a) All works, including Work Variation Orders, as stipulated in the annexed

documents;

(b) Rectification of all reported non-conforming works;

(c) Completed demobilization and clean-up of site;

(d) Applicable materials and work test certificate/s;

(e) Approval duly signed by the Project Manager and by the Contractor’s authorized

representative that the Work is completed in accordance with drawings and

specifications and in compliance with applicable laws, rules and regulations of the

local and/or national government of the location where the Project is to be

implemented;

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4.6 A Certificate of Provisional Acceptance of completed Works shall be issued by IOM

when each of the requirements under Article 4.5 have been fulfilled to its satisfaction.

4.7 A Certificate of Provisional Acceptance of terminated Works shall be issued by IOM if

IOM terminates the contract in accordance with Article 25. This Certificate will

indicate the Completion Rate as per Article 6.2 and the Contractor shall remain

responsible for the rectification of non-conforming or defective portions of the Works

in accordance with Article 14.2.

4.8 A Certificate of Final Acceptance shall be issued by IOM 12 (twelve) months after the

date a Certificate of Provisional Acceptance of the completed or terminated Works is

issued provided that any works required during the warranty period have been

completed to its satisfaction.

5. Completion Period

5.1 The Contractor shall mobilize all necessary and appropriate resources and coordinate

all work activities with IOM to ensure commencement of the Works on [date] and

completion and turn-over of the Works to IOM by [date] (“Completion Date”).

5.2 Where the Contractor is unable to complete the Works by the date specified in Article

5.1, the Contractor may request a time extension in writing explaining the reasons for

the delay.

5.3 IOM shall not approve requests for time extension for reasons such as but not limited

to:

(a) Project location, conditions and restrictions identified during time of tender and

award of the Agreement ;

(b) Normal weather and climatic conditions prevailing at the site location;

(c) Logistics, implementation, coordination problems and other reasons within the

control of the Contractor;

(d) Financial, operational and labor difficulties of the Contractor or any of its sub-

Contractor/s or supplier/s;

(e) Any required rectification of non-conforming work items; and

(f) Nature and condition of terrain.

5.4 IOM may revise the Completion Date as stated in Article 5.1 in response to the

Contractor’s request for time extension caused by any of the following:

(a) Force Majeure as described in Article 16;

(b) Approved Work Variation Order/s requiring additional time for completion by the

Contractor, as agreed between the Parties;

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(c) IOM’s failure to make timely payments for the Works completed to IOM’s

satisfaction;

Provided, the requested extension shall not exceed the duration of the work stoppage or

delay caused by the foregoing.

5.5 If the Works are not completed by the Completion Date specified in Article 5.1 the

Contractor shall be liable to IOM for liquidated damages equivalent to 0.1% (one-tenth

of one per cent) of the total Contract Price for each day of delay until the whole Works

are completed and accepted by IOM according to Article 4.6. IOM may, at its

discretion, grant a conditional time extension whereby the Works are not considered to

be in delay during the time extended, but in case of non-completion within the extended

period, the calculation of liquidated damages for delay outlined herein shall be from the

original completion date before extension. If the Agreement is terminated by either

Party after the Completion Date due to non-completion of the Works, the Contractor

shall be liable to IOM for liquidated damages equivalent to 0.1% (one-tenth of one per

cent) of the total Contract Price for each day from the Completion Date to the date of

termination.

6. Work Schedule

6.1 Within the timeframe specified in the NoA and no later than the date of signature of

this Agreement, the Contractor shall submit to IOM a work schedule (the “Work

Schedule”) showing the order and timing for all the activities in the Works.

6.2 The Contractor shall keep and update a daily logbook on all progress and matters

relating to the Works in accordance with industry standards. The logbook shall be

inspected and verified for accuracy, daily or at an interval designated by IOM, by a

designated IOM staff or its authorized representatives. The logbook shall be the

authoritative source of information for determining the extent of the Works completed

(the “Completion Rate”). In case the Contractor fails to update the logbook properly

with the required verification, IOM shall have the right to solely determine the

Completion Rate which cannot be challenged by the Contractor.

6.3 The Contractor shall submit an updated Work Schedule as and when requested by IOM

or its Project Manager.

6.4 The Contractor shall notify IOM through its Project Manager of any proposed change

in the Work Schedule. Any change shall be subject to prior written approval by IOM.

The Contractor shall also submit to the Project Manager for approval a revised schedule

within 7 (seven) calendar days from the date of proposing the change.

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6.5 If at any time IOM deems that Contractor’s actual progress is inadequate to meet the

requirements of this Agreement, IOM may notify the Contractor to take such steps as

may be necessary to improve its progress. If after a reasonable period, as determined

by IOM, the Contractor still does not improve its performance, IOM may require an

increase in Contractor’s labour force, the number of shifts, workdays per week,

overtime hours, amount of equipment, or require expedited shipment of equipment and

materials, all at the Contractor’s cost and without additional cost to IOM.

6.6 If at any time the Contractor’s labour force is inactive due to unpaid wages, the

Contractor shall be liable to IOM for liquidated damages equivalent to 0.1% (one-tenth

of one percent) of the total Contract Price for each day of work stoppage until the entire

labour force resumes work on the Project. This penalty shall be applied independently

of any other sanction or penalty allowed for in this Agreement.

7. Work Variation

7.1 At any time during the implementation and execution of this Project, IOM reserves the

right to request any alteration in any aspect of the work, as deemed necessary or

appropriate by IOM in the best interest of the Project.

7.2. Alterations and/or modifications, whether additive or deductive, shall be conveyed to

the Contractor in the form of a work variation order (the “Work Variation Order”)

duly approved and signed by IOM or its authorized representative. The Contractor shall

immediately implement any Work Variation Order issued by IOM.

7.3 All variations shall be included in an updated Work Schedule.

7.4 If any work in the Work Variation Order corresponds with an item description in the

BoQ, the rate in the BoQ shall be used to calculate the value of the variation. In other

cases, the cost of such Work Variation Order shall be evaluated and compensated as

agreed between the Parties. IOM may request the Contractor to provide a quotation for

the cost of the variation.

8. Bank Guarantee for Advance Payment (if applicable)

8.1 The Contractor shall, within the timeframe specified in the NoA and no later than the

date of signature of this Agreement, furnish IOM with an unconditional bank guarantee

in the amount equivalent to [percentage] of the Contract Price (the “Bank

Guarantee”).

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8.2 The Bank Guarantee shall be in a form and by a bank acceptable to IOM in an amount

and currency equal to the advance payment.

8.3 The amount of the Bank Guarantee shall not be construed as the limit of the

Contractor’s liability to IOM in any event.

8.4 The Bank Guarantee shall be effective from the date of the release of cash advance as

per Article 4.1 of this Agreement until the date of the provisional acceptance as per

Articles 4.6 or 4.7.

9. Performance Security (applicable where the contract price is over USD 250,000)

9.1 The Contractor shall, within the timeframe specified in the NoA, furnish IOM with a

performance bond in the amount equivalent to 10% (ten percent) of the Contract Price,

to be issued by a reputable bank or surety company in a form acceptable to IOM (the

“Performance Bond”).

9.2 The Performance Bond shall serve as the guarantee for the Contractor’s faithful

performance and compliance with the terms and conditions of this Agreement.

9.3 The amount of the Performance Bond shall not be construed as the limit of the

Contractor’s liability to IOM in any event.

9.4 The Performance Bond shall be effective from the date of commencement of the Works

until the date of Provisional Acceptance as per Articles 4.6 or 4.7.

10. Retention

10.1 Upon issuance of the Certificate of Provisional Acceptance for completed Works as per

Article 4.6, an amount equivalent to 10% (ten per cent) of the Contract Price shall be retained

by IOM to be used for repairs or reconstruction of defective works due to poor workmanship

and/or inferior quality of material used which are discovered within a period of 12 (twelve)

months from the date of Provisional Acceptance.

10.2 In case a Certificate of Provisional Acceptance for terminated Works has been issued as

per Article 4.7, an amount equivalent to 10% (ten per cent) of the Contract Price

corresponding to the Completion Rate as per Article 6.2 shall be retained by IOM to use for

repairs and reconstruction of defective works due to poor workmanship and/or inferior

quality of material used for which the Contractor was responsible under this Agreement

which are discovered within a period of 12 (twelve) months from the date of Provisional

Acceptance.

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10.3 The Contractor may, from the date of Provisional Acceptance and until the expiration of

Retention period, request IOM to release the amount retained as per Article 10.1 or Article

10.2 by submitting an unconditional bank guarantee. Such bank guarantee shall be in a form

and by a bank acceptable to IOM and in an amount and currency equal to the amount

retained and effective until the expiration of Retention period..

11. Contractor’s Responsibility

11.1 All government permits and licenses required for the execution of the Works under this

Agreement shall be obtained prior to the commencement of the Works and paid for by

the Contractor.

11.2 The Contractor shall comply with local and national building regulations imposed by

appropriate government agencies, and shall keep IOM indemnified against all fines,

penalties and losses incurred by reason of any breach of this clause.

11.3 The Contractor shall assume full responsibility for the Works under this Agreement

until its final acceptance by IOM as per Article 4.8. The Contractor shall have entire

control and supervision of the Works and services herein agreed upon and shall be

solely liable for the salaries, wages and other employment benefits of all employees and

sub-contractors. Should the Contractor breach this clause, IOM has the right to proceed

against the Performance Bond or Bank Guarantee or to use the Retention Amount,

without prejudice to demanding direct reimbursement from the Contractor in the event

that the amount of the Performance Bond Bank Guarantee or Retention Amount is

insufficient.

11.4 The Contractor shall be responsible for the safety of all activities on the site and for

ensuring that relevant occupational health and safety laws and regulations are followed.

11.5 The Contractor shall be solely and fully accountable for ANY claim for losses,

liabilities, injuries, or damages arising out of or in connection with the work done or to

be performed under this Agreement including but not limited to any accident or injury

of any of its employees or sub-contractors during the term of this Agreement , or for

any injury to any person or damages or loss of properties arising from the construction

or any act or omission of the Contractor or anyone in its employment, or its

subcontractors.

11.6 The Contractor shall comply with local laws on wages and such other labor laws

including all other laws, orders and regulations of any government authority in

connection with the Works.

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11.7 The Contractor shall at all times defend, indemnify, and hold harmless IOM, its

officers, employees, and agents from and against all losses, costs, damages and

expenses (including legal fees and costs), claims, suits, proceedings, demands and

liabilities of any kind or nature to the extent arising out of or resulting from acts or

omissions of the Contractor or its employees, officers, agents or subcontractors, in the

performance of this Agreement. IOM shall promptly notify the Contractor of any

written claim, loss, or demand for which the Contractor is responsible under this clause.

12. Inspection of Works

12.1 IOM reserves the right for itself and its representatives to inspect the Works, while in

progress, so as to give IOM the opportunity to reject the whole or any portion thereof,

which in the opinion of IOM’s representative is defective or substandard.

12.2 The Contractor shall allow the Project Manager and other IOM representatives to

access to the work site at any time.

13. Insurance

13.1 Without limiting the Contractor’s liability pursuant to Article 11 (Contractor’s

Responsibility), the following insurance cover is to be provided and maintained by the

Contractor for the entire duration of this Agreement:

(a) Third party liability for any one claim or series of claims arising out of any one

accident or event;

(b) Workmen’s compensation and/or employer’s liability insurance which complies

with applicable legislation;

(c) Automobile public liability and property damage insurance; and

(d) Cover against loss or damage to the Works and materials during the construction.

13.2 The amount of coverage for each type of insurance is to be in line with relevant

industry standards and in an amount acceptable to IOM.

13.3 Policies and certificates of insurance are to be provided to IOM prior to the

commencement of the Works.

14. Warranties

14.1 The Contractor represents and warrants that it is financially sound and duly licensed,

with the adequate labor/human resources, equipment and tools, competence, expertise

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and skills necessary to carry out fully and satisfactorily, within the stipulated

completion period, the Works in accordance with this Agreement .

14.2 The Contractor guarantees and warrants the performance and completion of the design

and construction work to the full and complete satisfaction of IOM. The Contractor

remains responsible for the damages caused or identified within 12 (twelve) months

from the date of IOM’s Provisional Acceptance of the Works as per Articles 4.6 or 4.7,

on account of defects in the construction, or the use of materials of inferior quality

furnished by it, or due to any violation of the terms of the Agreement.

14.3 In case of any defect in workmanship or materials, which may become apparent in the

course of construction, the Contractor shall, within 7 (seven) calendar days from IOM’s

demand, at Contractor’s own cost and expense, remedy such portion of the Works done

by the Contractor as in the opinion or judgment of IOM is unsound, incorrect or

defective or not in accordance with the plans and specifications.

14.4 In case of Contractor’s default, failure or refusal to carry out such order to remove and

replace the unsound, incorrect or defective portion of the Works within 7 (seven) days

as required by the previous clause, IOM may terminate this Agreement and/or engage

the services of other persons to carry out the same. The Contractor shall bear all

expenses arising there from or incidental thereto. IOM may require direct

reimbursement for the cost of such action from the Contractor, deduct the expenses

from any amount due to the Contractor, or deduct the amount from Performance Bond,

the Bank Guarantee or the Retention Amount.

14.5 If any defects or imperfections are discovered by IOM and communicated to the

Contractor after provisional acceptance but prior to final acceptance of the Works due

to defective or improper workmanship and/or inferior quality of the material used, the

Contractor shall immediately correct such defects within a period of 5 (five) days of

receipt of written notice from IOM. Where the Contractor fails to act within this

period, IOM may engage the services of a third party to correct the defect and hold the

Contractor liable for the cost of such services. In such circumstances the Contractor

shall reimburse IOM the cost of such repair, with interest at 2% (two per cent) per

month from the time such expenses were incurred until fully reimbursed. The

Performance Bond, Bank Guarantee and Retention, if not yet released at the time the

said defects are found, may be used for this purpose.

14.6 The Contractor shall perform repair work with the utmost care and diligence to protect

existing facilities and prevent damage thereto. In the event that damage to existing

facilities is caused by such repairs, the Contractor shall repair such damage at its own

expense and to IOM’s satisfaction and acceptance.

14.7 The Contractor further warrants that:

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a) In all circumstances it shall act in the best interests of IOM;

b) It shall comply with all applicable laws, ordinances, rules and regulations when

performing its obligations under this Agreement ;

c) No official or employee of IOM or any third party has received or will receive

from, will be offered by, the Contractor any direct or indirect benefit arising from

the Agreement or award thereof;

d) It has not misrepresented or concealed any material facts in the procuring of this

Agreement;

e) All materials used are new, legally sourced and fit for their particular purpose;

f) No asbestos or any other health hazard materials (lead paints etc.) will be used in the

course of the construction;

g) The Contractor, its staff or shareholders have not previously been declared by IOM

ineligible to be awarded contracts by the IOM;

h) It shall abide by the highest ethical standards in the performance of this Agreement,

which includes not engaging in any discriminatory or exploitative practice or

practice inconsistent with the rights set forth in the Convention on the Rights of the

Child;

i) The remuneration of the Contractor under this Article 3.1 shall constitute the sole

remuneration in connection with this Agreement. The Contractor, its officers and

employees shall not accept for their own benefit any trade commission, discount or

similar payment in connection with activities pursuant to this Agreement or the

discharge of its obligations thereunder. The Contractor shall ensure that any

subcontractors, as well as the officers, personnel and agents of either of them,

similarly, shall not receive any such additional remuneration.

14.8 The Contractor further warrants that it shall:

a) Take all appropriate measures to prohibit and prevent actual, attempted and

threatened sexual exploitation and abuse (SEA) by its employees or any other persons

engaged and controlled by it to perform activities under this Agreement (“other

personnel”). For the purpose of this Agreement, SEA shall include:

1. Exchanging any money, goods, services, preferential treatment, job

opportunities or other advantages for sexual favours or activities, including

humiliating or degrading treatment of a sexual nature; abusing a position of

vulnerability, differential power or trust for sexual purposes, and physical

intrusion of a sexual nature whether by force or under unequal or coercive

conditions.

2. Engaging in sexual activity with a person under the age of 18 (“child”), except

if the child is legally married to the concerned employee or other personnel

and is over the age of majority or consent both in the child’s country of

citizenship and in the country of citizenship of the concerned employee or

other personnel.

b) Strongly discourage its employees or other personnel having sexual relationships with

IOM beneficiaries.

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c) Report timely to IOM any allegations or suspicions of SEA, and investigate and take

appropriate corrective measures, including imposing disciplinary measures on the

person who has committed SEA.

d) Ensure that the SEA provisions are included in all subcontracts.

e) Adhere to above commitments at all times. Failure to comply with (a)-(d) shall

constitute grounds for immediate termination of this Agreement.

14.9 The above warranties survive the expiration or termination of this Agreement.

15. Assignment of Agreement and Subcontracting

15.1 The Contractor shall not assign or subcontract the Agreement or any work under this

Agreement in part or all, unless agreed upon in writing in advance by IOM. Any

subcontract entered into by the Contractor without approval in writing by IOM may be

cause for termination of the Agreement.

15.2 In certain exceptional circumstances by prior written approval of IOM, specific jobs

and portions of the Project may be assigned to a subcontractor. Notwithstanding the

said written approval, the Contractor shall not be relieved of any liability or obligation

under this Agreement nor shall it create any contractual relation between the

subcontractor and IOM. The Contractor remains bound and liable thereunder and it

shall be directly responsible to IOM for any faulty performance under the subcontract.

The subcontractor shall have no cause of action against IOM for any breach of the sub-

contract.

16. Force Majeure

Neither Party will be liable for any delay in performing or failure to perform any of its

obligations under this Agreement if such delay or failure is caused by force majeure, such as

civil disorder, military action, natural disaster and other circumstances which are beyond the

control of the Party in question. In such event, the Party will give immediate notice in

writing to the other Party of the existence of such cause or event and of the likelihood of

delay.

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17. Independent Contractor

The Contractor shall perform all Services under this Agreement as an independent contractor

and not as an employee, partner, or agent of IOM.

18. Audit

The Contractor agrees to maintain records, in accordance with sound and generally accepted

accounting procedures, of all direct and indirect costs of whatever nature involving

transactions related to the provision of services under this Agreement. The Contractor shall

make all such records available to IOM or IOM's designated representative at all reasonable

times until the expiration of 7 (seven) years after the date of final payment, for inspection,

audit, or reproduction. On request, employees of the Contractor shall be available for

interview.

19. Confidentiality

All information which comes into the Contractor’s possession or knowledge in connection

with this Agreement is to be treated as strictly confidential. The Contractor shall not

communicate such information to any third party without the prior written approval of IOM.

The Contractor shall comply with IOM Data Protection Principles in the event that it collects,

receives, uses, transfers or stores any personal data in the performance of this Agreement.

This obligation shall survive the expiration or termination of this Agreement.

20. Notices

Any notice given pursuant to this Agreement will be sufficiently given if it is in writing and

received by the other Party at the following address:

International Organization for Migration (IOM)

Attn: [Name of IOM contact person]

[IOM’s address]

Email: [IOM’s email address]

[Full name of the Contractor]

Attn: [Name of the Contractor‘s contact person]

[Contractor ‘s address]

Email: [Contractor ‘s email address]

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21. Dispute Resolution

21.1. Any dispute, controversy or claim arising out of or in relation to this Agreement,

or the breach, termination or invalidity thereof, shall be settled amicably by negotiation

between the Parties.

21.2. In the event that the dispute, controversy or claim has not been resolved by negotiation

within 3 (three) months of receipt of the notice from one party of the existence of such

dispute, controversy or claim, either Party may request that the dispute, controversy or

claim is resolved by conciliation by one conciliator in accordance with the

UNCITRAL Conciliation Rules of 1980. Article 16 of the UNCITRAL Conciliation

Rules does not apply.

21.3. In the event that such conciliation is unsuccessful, either Party may submit the dispute,

controversy or claim to arbitration no later than 3 (three) months following the date of

termination of conciliation proceedings as per Article 15 of the UNCITRAL

Conciliation Rules. The arbitration will be carried out in accordance with the 2010

UNCITRAL arbitration rules as adopted in 2013. The number of arbitrators shall be

one and the language of arbitral proceedings shall be English, unless otherwise agreed

by the Parties in writing. The arbitral tribunal shall have no authority to award punitive

damages. The arbitral award will be final and binding.

21.4. The present Agreement as well as the arbitration agreement above shall be governed by

internationally accepted general principles of law and by the terms of the present

Agreement, to the exclusion of any single national system of law that would defer the

Agreement to the laws of any given jurisdiction. Internationally accepted general

principles of law shall be deemed to include the UNIDROIT Principles of International

Commercial Contracts. Dispute resolution shall be pursued confidentially by both

Parties. This Article survives the expiration or termination of the present Agreement.

22. Use of IOM Name

The use of the official logo and name of IOM may not be used by the Contractor without the

prior written approval of IOM.

23. Status of IOM

Nothing in this Agreement affects the privileges and immunities enjoyed by IOM as an

intergovernmental organization.

24. No Waiver Clause

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IOM’s failure to insist upon a strict performance of any of the terms and conditions of this

Agreement shall not be deemed a relinquishment of any right or remedy that IOM may have,

nor shall it be construed as a waiver of Contractor’s subsequent breach of this Agreement

which shall continue to be in full force and effect. No waiver by IOM of any of its rights

under this Agreement shall be deemed to have been made unless expressed in writing and

signed by IOM.

25. Termination of Agreement

25.1 IOM may, at its option, terminate for convenience any of the work under this

Agreement in whole or in part, at any time by 7 (seven) days written notice to

Contractor. Such notice shall specify the Completion Rate upon termination as

established by Article 6.2 and the effective date of termination. Upon receipt of such

notice Contractor shall:

(a) Immediately discontinue the Works on the date and to the extent specified in the

notice and place no further purchase orders or subcontracts for materials, services,

or facilities other than as may be required for completion of such portion of the

Works that is not terminated;

(b) Promptly cancel upon terms satisfactory to IOM all purchase orders, subcontracts,

rentals, or any other agreement existing for the performance of the terminated work,

or assign those agreements as directed by IOM;

(c) Assist IOM in the maintenance and protection of work in progress, plant, tools,

equipment, property and materials acquired by Contractor or furnished by IOM

under this Agreement;

(d) Complete performance of such portion of the Works which are not terminated; and

(e) Perform other related tasks, which IOM may reasonably instruct, in order to effect

the termination of the work.

25.2 Upon termination as per the previous clause, as the sole right and remedy of Contractor,

IOM shall pay in accordance with the following:

(a) The Contract Price corresponding to the Works performed in accordance with this

Agreement prior to the date of such notice of termination;

(b) Costs corresponding to the portion of the Works thereafter performed as specified

in such notice of termination, subject to IOM’s acceptance of such work;

(c) Reasonable and documented administrative costs of settling and paying claims

arising out of the termination of work under purchase orders or subcontracts, as

agreed by IOM; and

(d) Reasonable costs incurred in demobilization and the disposition of residual material

and equipment, as agreed by IOM.

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The Contractor shall submit within 7 (seven) calendar days after receipt of notice of

termination, a written statement setting forth its proposal for an adjustment to the

Contract Price to include only the incurred costs described in this clause. IOM shall

review the proposal, and negotiate an equitable adjustment of the Contract Price. Other

amounts paid in advance by IOM will be refunded by the Contractor within 7 (seven)

days.

25.3 IOM may terminate this Agreement or any of the work under this Agreement at any

time by immediate written notice to the Contractor, for causes which include but are not

limited to:

(a) The Contractor’s violation of the terms and conditions of this Agreement;

(b) Contractor’s default, failure or refusal to carry out order to remove and replace the

unsound, incorrect or defective portion of the Works as per Article 14.5;

(c) Non-completion of the Works within the time agreed upon or the expiration of

extension agreed upon, or delayed progress of the Works as stated in Article 6 or

sub-standard work;

(d) Institution of insolvency or receivership proceedings involving the Contractor;

(e) If, in the judgment of IOM, the Contractor has engaged in corrupt or fraudulent

practices in competing for and/or implementing the Agreement.

The written notice shall specify the Completion Rate as established by Article 6.2 upon

termination, the effective date of termination, and any additional tasks that need to be

performed including but not limited to those enumerated in Articles 25.1 and 25.2.

Such termination shall be without prejudice to IOM’s other rights and remedies in this

Agreement, in law and in equity. Amounts paid in advance by IOM will be refunded by

the Contractor within 7 (seven) days from the date of IOM’s request.

25.4 Where IOM terminates this Agreement as per Article 25.3 above, all materials, plant,

equipment and works financed under this Agreement shall be deemed to be the property

of IOM, and the Contractor shall be liable for all the direct replacement cost incurred to

IOM for the completion of the Works. The Contractor shall pay IOM the required

amount within 30 (thirty) days from receipt of an invoice from IOM. The direct

replacement cost shall be the difference between the remaining amount in Contract

Price not paid to the Contractor upon termination including the retention amount (after

the settlement of all remaining debts and obligations) and the actual cost spent by IOM

for completion of the remainder of the Works plus overhead of 10% (ten per cent) for

additional administrative efforts of IOM.

25.5 Upon any termination, the Contractor shall waive any claims for damages including

loss of anticipated profits on account thereof.

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26. Severability

If any part of this Agreement is found to be invalid or unenforceable, that part will be severed

from this Agreement and the remainder of the Agreement shall remain in full force.

27. Entirety

This Agreement and its Annexes embody the entire agreement between the Parties and

supersedes all prior agreements and understandings, if any, relating to the subject matter of

this Agreement.

28. Special Provisions (Optional)

Due to the requirements of the Donor financing the Project, the Implementing Partner shall

agree and accept the following provisions:

[Insert all donor requirements which must be flown down to IOM’s implementing partners

and subcontractors. In case of any doubt, please contact [email protected]]

29. Final clauses

29.1 This Agreement will enter into force upon signature by both Parties. It will remain in

force until completion of all obligations of the Parties under this Agreement unless

terminated earlier in accordance with Article 25.

29.2 Amendments may be made by mutual agreement in writing between the Parties.

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Signed in duplicate in English, on the dates and at the places indicated below.

For and on behalf of

The International Organization

for Migration

For and on behalf of

[Full name of the Contractor]

Signature

Signature

_________________________

Name

Position

Date

Place

____________________________

Name

Position

Date

Place

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ANNEX E: PAYMENT SCHEDULE

1. (Applicable if an advance payment is made)IOM shall release an advance payment

equivalent to [percentage] of the Contract Price in the amount of [currency] [insert amount

in numbers] (amount in words and currency in words) within 7 (seven) calendar days from

the Contractor’s signature of this Agreement and Contractor’s submission of and IOM's

approval of the following items:

a. Drawings and Technical Documents for Permit Purposes;

b. Approved Detailed Construction and Workings Drawings;

c. Work Schedule;

d. List of Sub-Contractors and Suppliers (if applicable);

e. Unconditional Bank Guarantee equivalent to [percentage to match advance payment]

percent of the Contract Price to guarantee the advance payment, if applicable;

f. Performance Security if required under Article 9.

[currency code] amount in numbers (amount in words) shall be withheld by IOM as

Retention as per Article 10 of the Agreement.

2. IOM will pay the Contractor [currency code] amount in numbers (amount in words) on

confirmation by IOM of satisfactory progress toward the completion of (amount)% ([amount

in words] per cent) actual measured work as per Bill of Quantities at Annex B and logbook.

[currency code] amount in numbers (amount in words) shall be withheld by IOM as

Retention as per Article 10 of the Agreement.

3. IOM will pay the Contractor [currency code] amount in numbers (amount in words) after the

completion of 100% (one hundred per cent) of the Works and inspection and provisional

acceptance of the completed Works . [currency code] amount in numbers (amount in words)

shall be withheld by IOM as Retention as per Article 10 of the Agreement.

4. The balance of 10% (ten per cent) of the total Contract Price in the amount of [currency

code] amount in numbers (amount in words) will be held for 12 (twelve) months after

provisional acceptance of the completed Works in accordance with Article 10 of this

Agreement .

41

Annex J

Bank Guarantee for Performance Security

To: [name and address of IOM Mission]

Whereas [name and address of Contractor] (hereinafter called “the Contractor”) has

undertaken, in pursuance of Contract No [contract reference number] dated [date] to execute the

works [name of contract and brief description of the work] (hereinafter called “the Contract”);

And whereas it has been stipulated by you in the said Contract that the Contractor shall furnish

you with a Bank Guarantee by a recognized bank for the sum specified therein as security for

compliance with his obligations in accordance with the Contract;

And whereas we have agreed to give the Contractor a guarantee;

Now therefore we hereby affirm that we are the Guarantor and responsible to you, on behalf of

the Contractor, up to a total of [amount of Guarantee in words and in figure], and we undertake

to pay you, upon your first written demand and without cavil or argument, any sum or sums

within the limits of [amount of Guarantee] as aforesaid without your needing to prove or to

show grounds or reasons for your demand for the sum specified therein.

We hereby waive the necessity of your demanding the said debt from the Contractor before

presenting us with the demand.

We further agree that no change or addition to or other modification of the terms of the Contract

to be performed there under or of any of the Contract documents which may be made between

you and the Contractor shall in any way release us from any liability under this Guarantee, and

we hereby waive notice of any such change, addition, or modification.

This Guarantee shall be valid until a date 30 days from the date of issue of the “Certificate of

Final Acceptance”.

Signature and seal of the Guarantor

Name of Bank

Address

Date

42

Annex K

Bank Guarantee for Advance Payment

To: [name and address of IOM Mission]

Contract Name: [name of Contract]

Gentlemen:

In accordance with the provisions of the Contract, Article No. 4 (“Manner of Payment”) of the

above-mentioned Contract, [name and address of Contractor] (hereinafter called “the

Contractor”) shall deposit with [name of IOM Mission] a Bank Guarantee to guarantee his proper

and faithful performance under the said Clause of the Contract in an amount of [amount of

Guarantee in words and figure].

We, the [Bank], as instructed by the Contractor, agree unconditionally and irrevocably to

guarantee as primary obligator and not as Surety merely, the payment to [name of IOM Mission]

on his first demand without whatsoever right of objection on our part and without his first claim

to the Contractor, in the amount not exceeding [amount of Guarantee] [amount in words].

We further agree that no change or addition to or other modification of the terms of the Contract

to be performed there under or of any of the Contract documents which may be made between

[name of IOM Mission] and the Contractor, shall in any way release us from any liability under

this Guarantee, and we hereby waive notice of any such change, addition, or modification.

This Guarantee shall remain valid and in full effect from the date of the advance payment under

the Contract until [name of IOM Mission] receives full repayment of the same amount from the

Contractor.

Yours truly,

Signature and seal:

Name of Bank:

Address:

Date:

43

Annex L

Bank Guarantee for Retention Security

To: [insert name and address of Owner]

[insert Project name]

Gentlemen:

In accordance with the provisions of the of the Contract of the above-mentioned Project, [insert

name and address of Contractor] (hereinafter called “the Contractor”) shall deposit with [name

of IOM Mission] a Bank Guarantee to guaranty the release of cash retention for the completed

works in the amount of [amount of Guarantee in figure and words].

We, the [name of Bank], as instructed by the Contractor, agree unconditionally and irrevocably

to guarantee as primary obligator and not as Surety merely, the payment to [name of IOM

Mission] on his first demand without whatsoever right of objection on our part and without his

first claim to the Contractor, in the amount not exceeding [amount of Guarantee in figure and in

words].

This Guarantee shall remain valid and in full effect from the date of the release of the retention

money under the Contract until [name of IOM Mission] issue the Certificate of Final Acceptance

to the Contractor.

Yours truly,

Signature and seal:

Name of Bank/Financial Institution:

Address:

Date:

Job no. Drwg no.

Designed. Drawn CheckedNNK NNK Arch Kamani

001/IOM-G/019

Drawing Title:Project Title:Leisure Build ArchitectsP.O. BOX 335 - 00621Nairobi

PROPOSED CONSTRUCTION/RENOVATIONWORKS AT MHD GIGIRI

300

4,85

030

0

3006,100

300

5,45

0

6,700

Container2

Container1

Plinth Measurements: 6,700 x 5,450 x 200 mm thkFoundation Details: 200 mm thk compacted hardcoreReinforcement: BRC A98 wiremeshSlab thickness: 200 mm thk.

4002,233 2,233 2,233

4006,700

1,82

51,

825

1,82

51,

825

500

7,30

0

Sec

BSe

cB

Truss (T1)

Truss (T1)

Truss (T1)

Truss (T1)

10 no x 100 mm dia CHS verticalsupport, well grouted in massconcrete base (300x300x500mm deep)

Z-Purlin type A

Z-Purlin type A

Z-Purlin type A

Z-Purlin type A

Z-Purlin type A

100600 1,200 600 1,200 600 1,200 600 1,200 600

100

100

1,20

01,

000

1,20

01,

000

100

1007,800

100

1200 mm wide x 2,350 mm highgrille gates G1 (2 No)

Existing steel structure toremain as is and softwoodplanks to be fixed on it.

New softwood planks nailed onto2"x2"timber framing fixed on existingsteel structure with steel cleats

Replace all the existing IT4roofing sheets.

W01

W01 W01 W01

W01

G1G1

W01

Replace existing UPVC gutterswith GSM gutters

Fix new chip board ceilingon the entire interior

Introduce one 4"x2" RHS purlin

2,60

0

150

125

125

2,60

0

TRUSS T1All members are75x50x3mm RHS

slope=5 degIT4 roofing sheets

5 no Z-Purlins of size102 x 53 x 13 x 1.2 mm

GSM rain watergutter

10 no x 100 mm dia CHS verticalsupport, well grouted in mass

concrete base (300x300x500mm deep)

New mono-pitched IT4 roofing sheetslaid @ 5 degree gradient on 25 x 25 mm

steel tube 2 no.trusses as shown

All Container surfaces to bepainted with 3 coat gloss paint

to specifications

New mono-pitched IT4 roofing sheetslaid @ 5 degree gradient on 25 x 25 mm

steel tube (2 no.trusses) as shown

All Container surfaces to bepainted with 3 coat gloss paint

to specifications

Containers RC Slab Base & Roofing 1:120

Canteen Roof Renovation 1:100

Timber Walling and Roof Repairs of Vaccination Waiting Area 1:75

Section B-B (Canteen Roof Renovations) 1:75

4.01Various

(As Shown)

Job no. Drwg no.


001/IOM-G/019



150

125

125

GSM rain water gutter (gauge 22)held with 20 mm metal flats

1001,700

100500 1,150

50

1,20

050

010

02,

600

100

1001,650

501,333

1001,333

1001,333

1001,650

504,200

501,

425

501,

375

100

2,60

010

0

50575 808

50808 575

50575 808

50

5070

072

550

475

900

500 600 1,22

5

1,200

1,22

5

2,120 mm high white MDF board partitionheld with white aluminium frames at

the corners and ends

BAY1

BAY2

BAY3

BAY4

BAY5

Existing Customer Service Counter


2,120 mm high white MDF boardpartition held with white

aluminium frames at the corners and ends.

200 300900 900 1,500 900 1,500 500

200500 1,500 900 1,500 900 900

300 200

2006,500

2006,500

200

13,600

200

5,60

020

0

6,00

0

2002,100 1,500 900 1,500 500

200500 1,500 900 1,500 2,100

200

2006,500

2006,500

20013,600

2,20

010

03,

300

200

5,60

020

0

2002,550

1003,850

200

3,30

0

Sec

CSe

cC

PROVISIONALROOM 1

(Ceramic floor tiles)

Seal the collapsible doorwith gypsum board andpaint this surface

3-leaf collapsible doorto remain closed

CallCentre

ObservationRoom

Double-faced gypsum boardpartitioning up to the ceiling

Double-faced gypsum boardpartition up to the ceiling

D02 D02

MainWaitingArea

3-leaf collapsible doorto remain closed

900x2100 mm solidcore flush door

900x2100 mm solidcore flush door

3,27

5

2,47

3

2,200 1,200 2,200

Double-faced gypsum boardpartition upto the ceiling

Ceiling line

Seal the collapsible doorwith gypsum board andpaint this surface

Gutter Detail 1:10

New Reception 1:75

New Call Centre & Observation Room 1:75

Section C-C 1:75

4.02Various

(As Shown)

Job no. Drwg no.


001/IOM-G/019



1001,700

100500 1,150

50

1,20

050

010

02,

600

100

1001,650

501,333

1001,333

1001,333

1001,650

504,200

501,

425

501,

375

100

2,60

010

0

50575 808

50808 575

50575 808

50

5070

072

550

475

900

500 600 1,22

5

1,200

1,22

5

2,120 mm high white MDF board partitionheld with white aluminium frames at

the corners and ends

BAY1

BAY2

BAY3

BAY4

BAY5



2,120 mm high white MDF boardpartition held with white

aluminium frames at the corners and ends.

L L L L L L L L

L L

L L L

LL

L L

L L

200850

150850

150930

200800

125800

125825

125830

2001,360

200

200

1,60

015

066

054

020

054

066

015

01,

600

200

2002,930

2003,630

2001,360

200

200

4,05

015

01,

900

200

200

1,90

015

02,

000

150

1,90

020

0

150

875

150

875

200

200850

150850

150930

2001,800

1501,680

200

2002,930

2003,630

200

200

2,95

020

02,

950

200

200

1,90

015

050

01,

000

500

150

1,90

020

0

LADIES

GENTS

STAFFTOILETS

PDPTOILET

Repainted roof slab ceiling

New LEDlight fittings

Repainted roof slab ceiling

840

Appr

ox 2

,050 2 mm thk metal

plate welded onboth sides ofexisting grille

Cashier's Door

REQUIRED MODIFICATIONS:

1) Clad the existing steel grille with 2 mmthick metal plate on both sides by weldingit on the grille.2) Fix a special lock3) 1 no approved pair of handles

25 32

57

5050

442

4

2532

57

424

426

4

2520

50

25

Approx = 900 mm

Appr

ox =

115

0 m

m

900 mm

1,15

0 m

m

27 mm thk bullet-proof glass

50x25x4 mm thick RHS framing allround the opening

32 mm long x 4mm thick steel cleat to hold glass

INSIDE

CUSTOMER SIDE

50x25x4 mm thick RHS framing allround the opening

27 m

m t

hk b

ulle

t-pr

oof

glas

s

35x2

5x4

mm

thi

ck c

hann

el f

ram

ing

atto

p an

d bo

ttom

of

the

open

ing

Top

Bottom

DetA 50

x25x

4 m

m t

hick

RH

S fr

amin

g at

the

top

of t

he o

peni

ng

Granite top

Detail @ AWindow Layout Plan

Opening Window size900 x 1,150 mm)

Main Reception Partitioning-- Photo Background 1:75 Clients’ Toilet Ceiling With New Ceiling Light Fittings 1:75

Security Door Cladding 1:50Cashier Security Window Details 1:10

4.03Various

(As Shown)

JOB NO. 534/17PROPOSED RENOVATIONS AND REFURBISHMENT AT IOM OFFICE PREMISES IN GIGIRI, NAIROBI FORINTERNATIONAL ORGANIZATION FOR MIGRATION (IOM)

BILLS OF QUANTITIES

CONTENTS* Tender Forms* Preliminaries* General Specifications* Bills of Quantities

NOVEMBER 2019

PROPOSED RENOVATIONS AND REFURBISHMENT AT IOM OFFICE PREMISES IN GIGIRI, NAIROBI FOR INTERNATIONAL ORGANIZATION FOR MIGRATION (IOM)

PROPOSED EXTENSION AND NEW WORKS AT IOM OFFICE PREMISES IN GIGIRI, NAIROBI

FOR INTERNATIONAL ORGANIZATION FOR MIGRATIONS (IOM)

The Contract for the above-mentioned Works, entered into on the

_____________________________day of__________________________2019

by the undersigned parties refers to these Bills of Quantities

which shall be read and construed as part of the said Contract.

……………………………………………..……………………………. ………………….……………………………………………….

……………………………………………….……………………2019 ……..……………………………….……………………2019

BILLS OF QUANTITIES

EMPLOYER CONTRACTOR

Date Date


INDEX CONTENTS OF TENDER

FORM OF TENDER

SECTION NO. 1 PRELIMINARIES

SECTION NO. 2 ADDITIONAL RENOVATION WORKS

SECTION NO. 3 PRIME COST & PROVISIONAL SUMS

(ii)

(i)


SECTION NO. 1 - PRELIMINARIES Page 1/1

SECTION NO. 2PRELIMINARY PARTICULARS

A. PARTIES

The "Employer" is International Organization for Migration (IOM)P. O. Box 55040 - 00200, NairobiKenya

The Employer has appointed the above listed consultants to render professional services in accordance with Clause 10.2 of the Agreement and Conditions of this Contract. For the purpose of the works which are under the control of the consultants above, the respective consultant shall be deemed to be invested with the duties and be representatives of the Architect.

B. SITE

The site is located within Gigiri area, Nairobi County The site of the works shall be used solely for the purpose of executing and completing the Contractto the satisfaction of the Architect.

The Contractor shall obtain the Architect's approval for the siting of all temporary storage areas for materials. Site storage shall be the responsibility of the main contractor and his pricing shall cater for

the same.

NOTE

The Contractor shall visit the site to acquaint themselves with its nature and position, scope of demolitionworks, the nature of the ground, sub- strata and other local conditions, position of power and water supplies, access roads or any other limitations, and no claims for extras will be considered on accountof lack of knowledge in this respect.

The Contractor's attention is drawn to the fact that they shall confine themselves to the area necessaryfor executing the works as instructed by the Architect.

The contractor must obtain the Architect's approval and directions regarding the use of any materialfound on the Site. Any such material utilized in the execution of the Contract shall be measured and value assessed by the Quantity Surveyor and the amount credited to the Employer.



A. DESCRIPTION OF THE MAIN CONTRACT WORKS

The Contract covers the following scope:

Various renovation works such as terazzo paving works to walkway, new roofing to canteen, new concrete plinth to receive

containers.

Other works also comprises partitioning works to main recepton area and new recepption area. Partition to main reception

area shall be in mdf board Parition. Works at new reception shall be in gypsum boards and painted to approval.

A. DRAWINGS

The Drawings used in preparing the Bills of Quantities are scheduled in Appendix "A" at the end ofthese Bills. Drawings may be inspected at the offices of the Architect or Quantity Surveyor by priorappointment

CONTRACT PARTICULARS

B. FORM OF CONTRACT

The Contractor will be required to enter into a Contract which will be IOM standard form of construction contract

The Contractor's attention is called to the following Clauses of the Conditions of Contract which shall be read as incorporated herein and they shall allow any sums which they consider necessary for the carrying out and observance of such Conditions.

Clause 1 Introduction and Integral Documents

Clause 2 Scope of Work

Clause 3 Contract Price

Clause 4 Manner of Payment

Clause 5 Completion Period

Clause 6 Work Schedule

Clause 7 Work Variation

Clause 8 Retention

Clause 9 Contractor’s Responsibility

Clause 10 Inspection of Work

Clause 11 Assignment of Contract and Subcontract

Clause 12 Insurance

Clause 13 Warranties

Clause 14 No Waiver Clause

Clause 15 Termination of Contract

Clause 17 Audit



Clause 18 Independent Contractor

Clause 19 Confidentiality

Clause 20 Notices

Clause 21 Use of IOM Name

Clause 22 Status of IOM

Clause 23 Severability

Clause 24 Arbitration

Clause 25 Force Majeure

Clause 26 Entire Contract

Clause 27 Final clauses

GENERAL MATTERS



A. SUFFICIENCY OF TENDER

The Contractor shall be deemed to have satisfied themselves before tendering as to the correctness and sufficiency of their Tender for the Works and of the rates and prices stated in the priced Bills of Quantities, which rates and prices shall cover all their obligations under the Contract and all matters and things necessary for the proper completion and maintenance of the Works.

B. STAMP CHARGES

The Contractor shall allow for the payment of all Stamp Charges in connection with the Surety Bond and Contract Agreement.

C. DEFINITIONS AND ABBREVIATIONS

Terms used in these Bills of Quantities shall be interpreted as follows:

Approved shall mean approved by the Architect.

"as directed" shall mean as directed by the Architect.

"B.S." Shall mean the current British StandardSpecification published by the BritishStandards Institution, 2 Park Street,London W.1., England.

"C.M." shall mean Cubic Metres.

"S.M." shall mean Square Metres.

"L.M." shall mean Linear Metres.

"mm" shall mean Millimetres.

"Kg." shall mean Kilogrammes.

"No." shall mean Number.

"Set" Shall mean a group of complementing parts formimg a complete and functioning whole

"Ditto" Shall mean the whole of the preceeding description axcept as qualified in the section in which it occurs

"m.s" Shall mean Measured Separately

"VAT" Shall mean Value Added Tax

"Take delivery." shall mean collecting the client supply items from a store located within Nairobi, loading and trasporting the same to the site at no cost to the employer.

"Omitted works" shall mean works completely removed from the scope and not to be done at all within the contract. This shall not apply to works removed from the main/builders works and instead executed by a specialist subcontractor within the current contract. Where a specialist sub-contractor is involved, the main contractor shall be paid for profit and attendance in the prime cost section of the bills of quantities. No claim for loss of profit and or expense shall arise.

A. PROGRESS SCHEDULE

The Contractor shall, upon receiving instructions to proceed with the work, draw up a Time and



Progress Schedule setting out the order in which the Works are to be carried out with the appropriate dates thereof. This Time and Progress Schedule is to be agreed with the Architect and no deviation from the order set out in this Schedule will be permitted without the written consent of the Architect.

The Main Contractor will be responsible for arranging the above programme with all Sub-Contractors including the Nominated Sub-Contractors and Nominated Suppliers.

B. FIGURED DIMENSIONS

Figured dimensions are to be followed in preference to dimensions scaled from the Drawings; but whenever possible dimensions are to be taken on the Site or from the Buildings. Before any work is commenced by Sub-Contractors or Specialist Firms, dimensions must be checked on the Site and/or buildings and agreed with the Contractor, irrespective of the comparable dimensions shown on the Drawings. The Contractor shall be responsible for the accuracy of such dimensions.

C. PROVISIONAL WORK

All "provisional" and other work liable to adjustment under this Contract shall be left uncovered for a reasonable time to allow all measurements needed for such adjustment to be taken by the Quantity Surveyor. Immediately the work is ready for measurement, the Contractor shall give notice to the Quantity Surveyor.

If the Contractor makes default in these respects he shall, if the Architect so directs, uncover the work at his own expense to enable the measurements to be taken.

SITE LEVELSBefore commencing the works the contractor must arrange for and agree with the architect,engineer and quantity surveyor on the existing levels and similarly establish and agree a bench mark.

D. SETTING OUT

The contractor shall set out the works according to drawings and shall be responsible for its correctness and shall be required to amend any errors arising from inaccurate settting out at his own cost and expense.Any discrepancieson the dimensions or levels marked on the drawingsshould be reported to the architect for their immediateattention and the contractor shall only proceed after the architect's instructions to adjust the same.No claimfor extra time,expense or relief may be made there after

Before any works are commenced by sub-contractors or specialist,dimesnions must be checked by and agreedwith the contractor.The contractor shall be responsible for the accuracy of such dimensions.

E. EXISTING SERVICES

Prior to commencement of any work the Contractor is to ascertain from the relevant Authorities the exact position, depth and level of all existing electric cables, water pipes or other services in the area and they shall make whatever provisions may be required by the Authorities concerned for the support and protection of such services. Any damage or disturbance caused to any services shall be reported immediately to the Architect and the relevant Authority and shall be made good to their satisfaction at the Contractor's expense.

A. TRANSPORT TO AND FROM THE SITE

The Contractor shall include in their prices for the transport of materials, workmen, etc., to and from the Site of the proposed Works, at such hours and by such routes as are permitted by the Authorities.



All current rules and regulations issued by the Transport Licencing Board (TLB) of the Republic of Kenya shallbe adhered to.

B. PROGRAMME OF WORKSThe contractor shall ,upon receiving instructions to proceed with the work,submit programme of works inaccordance with clause 6.0 of the conditions of contract.The programme shall be computerized critical path programme schedule which the contractor shall develop and maintain during the course of the project.The schedule shall include construction and procurement activities as well as other time related factors.The contractor shall prepare the time schedule showing the time and order in which they propose to carry out thewoks within the total construction time.The schedule shall also show in detail the construction time and orderin which each section of the work is to be caried and be sub-divided into elements,trades and tasks.The schedule shall shall show when information is required from consultants especially in relation to the ordering of imported materials.

The time schedule is to be agreed with the Architect and the Project Manager.

At the end of ecah month,the contractor shall incorporate actual start and finish dates into the time scheduleand produce an update on the programme.The update is to show actual start and finish dates,identify out sequence of activities,critical acivities and any constraints which may have or may affect the progress of the works.

During construction ,the contractor will incorporate any changes to the time schedule only if aproved in writing by the rchitect and produce a revised schedue.

The ocntractor shall provide to the Project Manager and the Architect,a soft copy of the time schedule includingmonthly updates and nalysis together with four printed copies of the relevant data.

C. OVERTIME

The Contractor shall allow in their tender for any extra costs for overtime working they consider will be necessary in order to complete the works by the contract Date of Completion.

If during the course of the Contract overtime is worked for a specific purpose in accordance with a written instruction issued by the Architect, the Contractor will be reimbursed in respect of such overtime to the extent only of the additional net cost of unproductive time payable over and above the basic hourly rates as laid down by the Regulations of Wages and Conditions of Employment Act, Building and Construction Industry Wages council and excluding any bonuses, profitsand overheads.

D. SITE PHOTOS

The contractor shall allow for taking digital site phographs on a weekly basis to the satisfaction of theconsultants.Copies of each shall be provided to the employer and consultants as required and a weekly record shall be placed on a board in the site office.

A. FAIR WAGES

The contractor shall pay rates of wages and observe hours and conditions of labour not less favourable than the minimum rates of remuneration and minimum conditions of employment applicable in the area where work is carried out.The contractor is to comply with the Regulation of Wages and Conditions of Employment Act,



Building and Construction industry Wages Council and is to be responsible for the compliance by the Sub-contractors employed in the execution of the contract.Should a claim be made to the architect allegingthe contractor's default in payment of Fair Wages,and if thereof,the architect may,failing to pay the contractor,pay the claim out of monies due to the contractor under this contract.The contractor will furnish the architectif called upon ,such particulars,of the rates of wages,hours and conditions of labour referred above as the architect may direct.

B. PUBLIC AND PRIVATE ROADS, PAVEMENTS, ETC.

The Contractor will be required to make good, at their own expense, any damage they may cause to the present road surfaces and pavements within or beyond the boundary of the Site, during the period of the Works. In particular, all existing trees, shrubs, plants, etc., which may be destroyed or damaged during the progress of the Works are to be made good by the Contractor to the approval of the Architect.

C. SUPERVISION

The said works shall be executed under the direction and to the entire satisfaction of the architect and engineerwho shall be acting under the delegated authority of the architect,and who shall at all times have access tothe works and the yards and workshops where work is being prepared for the building works.

D. POLICE REGULATIONS

The Contractor is to allow for complying with all instructions and regulations of the Police Authorities.

E. LOCAL REGULATIONS AND BY-LAWS

The contractor is to comply with all local regulations and by-laws of the local authority including servingnotices and paying of fees.

F. ACCOMODATION ON SITE

No accomodation on site will be permitted for the contractor's staff or work people including those of sub-contractors

G. CONTRACTORS' SUPERINTENDENCE

The Contractor shall constantly keep on the Works a literate English-speaking Agent or Representative, competent and experienced in the kind of work involved, who shall give his whole time to the superintendence of the Works. Such Agent or Representative shall receive on behalf of the Contractor, directions and instructions from the Architect and such directions and instructions shall be deemed given to the Contractor in accordance with the Conditions of Contract. The Agent shall not be replaced without the specific approval of the Architect.

It is to be a specific condition of this Contract that the successful Tenderer shall provide on site throughout the period from the completion of the substructure to the Date for Practical Completion a suitably qualified, experienced and competent person to ensure that the works are carried out to the standard required by the specification and detailed on the Drawings; and shall ensure that upon any termination of employment a suitable replacement is found.

Before the Tenderer's offer is accepted the Architect will personally interview the Contractor's proposed Representative. A curriculum vitae of past experience and qualifications must be provided for the Architect's scrutiny.

The Architect's decision will be final regarding the suitability of the proposed Representative.



A. WATER

The contractor shall make arrangement with the local authorities for the installation of a separate meterfor all water used by him and sub contractors through out the contract and pay all costs and fees in connectiontherewith.

All water shall be fresh, clean and pure, free from earthy vegetable or organic matter, acid or alkaline substance in solution or suspension.

The Contractor shall provide at their own risk and cost all water for use in connection with the Works (including the work of Sub-Contractors). The Contractor shall provide at their own expense all temporary distribution pipes, storage tanks, meters, etc., and they shall clear away same uponcompletion of the Works.

B. LIGHTING AND POWER

The Contractor shall provide at their own risk and cost all artificial lighting and power for use on the Works, including all Sub-Contractors' and Specialists' requirements and including all temporary connections, wiring, fittings, etc., and clearing away on completion. The Contractor shall pay all fees and obtain all permits in connection therewith.

All such temporary works shall be cleared away on completion of the construction.

C. SAFETY

The Contractor shall comply at all times with the requirements of the Factory Act (Cap 514), Building Construction Rules, Supplement 18, Legal Notice No. 40 dated 5th April, 1984 ensure that the safety of their workpeople and authorised visitors to the Site is protected at all times. In particular there shall be proper provision of planked footways and guard-rails to scaffolding, etc.; protection against falling materials and tools and the Site shall be kept tidy and clear of dangerous rubbish.

The Contractor shall appoint a Safety Officer as required by the Factory Act and notify the Factory Inspector of his name. The Safety Officer shall be qualified in compliance with the Factory Act and shall have experience in First Aid. The Safety Officer shall be on site at all times and all directions given by the Architect to the Safety Officer shall be deemed to be Architect's Instructions, and shall be complied with promptly without additional cost to the contract.

The Architect shall be empowered to suspend work on the Site should he consider these conditions are not being observed, and no claim arising from such a suspension will be allowed.

D. PROTECTIVE CLOTHING

The Contractor shall provide all protective or any other special clothing or equipment for their employees that may be necessary.

These shall include, inter-alia, safety helmets, gloves, goggles, earmuffs, gumboots, steel toed boots,. overalls, et according to the type of work. The Contractor shall ensure that all safetyand protective gear are worn by all staff on site at all times

MATERIALS AND WORKMANSHIP

A. GENERALLY

All materials shall be new unless otherwise directed or permitted by the Architect and in all cases where the quality of goods or materials is not described or otherwise specified, is to be the best qualityobtainable in the ordinary meaning of the word "best" and not merely a trade signification of that word.



All materials and workmanship shall, unless otherwise specified or described, conform to the appropriate Kenya Bureau of Standards or British Standards Institution Specification current at the date of tender.

The Contractor shall order all materials to be obtained from overseas immediately after the Contract is signed and shall also order materials to be obtained from local sources as early as necessary to ensure that such materials are on Site when required for use in the Works.

The Contractor shall be responsible for and shall replace or make good at their own expense any materials lost or damaged.

The Works throughout shall be executed by skilled workmen well versed in their respective trades.

It's the contractor's responsibility to erect an approved storage facility for the materials on site.

B. REJECTED WORKMANSHIP OR MATERIALS

Any workmanship or materials not complying with the specific requirements or approved samples or which have been damaged, contaminated or have deteriorated, must immediately be removed from the Site and replaced at the Contractor's expense, as required.

C. PROPRIETARY MATERIALS

Where proprietary materials are specified herein-after the Contractor may propose the use of materials of other manufacture but equal quality for approval by the Architect.

All materials and goods, where specified to be obtained from a particular manufacturer or supplier are to be used or fixed strictly in accordance with their instructions.

D. SAMPLES

The Contractor shall furnish at the earliest possible opportunity before work commences and at his own cost, any samples of materials or workman-ship that may be called for by the Architect for his approval orrejection, and any further samples in the case of rejection until such samples are approved by the Architect and such samples, when approved, shall be the minimum standard for the work to which they apply.

E. SHOP DRAWINGS

The contractor shall prepare for scrutiny and issue to the architect,copies of detailed shop drawings of allspecialists works.The contractor shall immediately amend after the architect has checked the drawings and when approved shall issue to the architect four copies for general use.The scrutiny of these drawing shall befor general conformity including conformity with the works of others and to co-ordinate the contract work in pace.Such appovals shall not imply any further indication or correctness.

A. CONCRETE TESTS

Concrete test cubes I.e. per set of three as later described, including testing fees, labour and materials, making moulds, transport and handling e.t.c. and ensuing copies of tests are promptly dispatched to the Architect's and Quantity Surveyor's offices. Tenderer to allow for undertaking successful tests throughout the project period as and when required.

TEMPORARY WORKS



B. ACCESS TO SITE AND TEMPORARY ROADS

Means of access to site shall be agreed with the architect prior to the commencement of the work and the contractor must allow for building ant temporary access roads for the transport of materials,plant and workmenas may be required for the complete execution of the works including the provision of temporary culverts,crossings,bridges or any other means of gaining access.

All such temporary works shall be cleared away on completion of the construction and make good and reinstateall works and services disturbed to the satisfaction of the architect.

C. SITE OFFICE

The Contractor shall provide where directed within the site, site offices and clean toilet facilities for the sole use of the Architect and their representatives to the satisfaction of the Local Authorities. The offices shall be provided with adequate furniture and the contractor shall provide the services of a sweeper, pay all charges and keep the facilities in a clean and sanitary condition during the whole period of the Works. In particular, the Contractor is to note that the neighbourhood will continue with operations during the period of the works and the contractor shall ensure that construction activitiesdo not interfere with such operations by way of noise, obstruction, dust, vibrations or trespass. Thecontractor shall allow for all cost necessary to comply with the above to the satisfaction of the Architect.

The site office is to be fully supplied with power,with notice boards,computers and drawers for storage.

The contractor to allow for provision of snacks and soft drinks to participants during site inspections andmeetings.

The entire site is a non-smoking area.

The contractor shall keep on site and maintain in good condition on dumpy quickset level,metric levelling staff,one 30 metre steel tape for use by the architect,quantity surveyor and engineer.

All such temporary works shall be cleared away on completion of the construction.

D. TELEPHONE

The Contractor shall provide a telephone connection to the town exchange for the period of the Works, and shall pay all fees and rental for the same. The telephone connection shall remain on site until completion of the works

E. SANITATION

The Contractor shall make arrangements for the necessary toilet facilities for their staff and workmen to the requirements and satisfaction of the Health authorities and maintain the same in a thoroughly clean and sanitary condition and pay all conservancy fees during the period of the Works and remove when no longer required.

A. PLANT, TOOLS AND SCAFFOLDING

The Contractor shall provide all necessary hoists, tackle, plant, vehicles, tools and appliances of every description for the due and satisfactory completion of the Works and shall remove same on completion.

All materials and workmanship used in the execution of the works shall be of the best quality and description for the due and satisfatory completion of the works and shall remove the same on completion.

The Contractor shall provide, erect and maintain all temporary scaffolding, sufficiently strong and



efficient for the due performance of the Works, including Sub-contract Works, provide special scaffolding as and when required during the Works including all sub-contracted works and remove on completion and make good.

Such scaffolding shall be constructed of tubular steel or timber of sufficient scantlings and be providedwith planked footways and guard-rails to approval.No timber used for scaffolding ,formwork or similartemporary works shall be used afterwards in the permanent work.

All such plant, tools and scaffolding shall comply with all regulations whether general or local, in forcethroughout the period of the Contract and shall be altered or adapted during the Contract as may be necessary to comply with any amendments in or additions to such regulations.

Scaffolding is not measured hereinafter, and the Contractor must allow here or in his rates for the above.

B. EXISTING AND ADJACENT PROPERTY

The Contractor must take all steps necessary to safeguard existing and adjacent property, make good at their own expense any damage to persons or property caused thereon, and hold the Employer indemnified against any such claim arising.

The Contractor will be held fully responsible for the safety of the existing and adjacent buildings and for any damage caused in consequence of these Works. They must reinstate all damages at his own expense and indemnify the Employer against any loss.

The Contractor must take such steps and exercise such care and diligence as to minimise nuisance from dust, noise or any other cause to the occupiers of the existing and adjacent property.

C. HOARDING

The Contractor shall enclose the site, with a hoarding 2.40 metres high, with openings and gates asrequired, constructed of substantial timbers to approval and covered with reasonably new corrugated galvanised iron sheeting painted to approval.

The contractor's attention is drawn to the fact that some areas of the site are already built up and shallbe in use durig the currency of this project.As such the contractor must allow for keeping his/her employeesfrom interfeering with such other users and preventing and minimising any nuisance arising from dust ,noiseor by way of trespass.

The contractor shall allow the employer to erect and face the hoarding with advertising should they so require.

D (SECURITY) WATCHING AND LIGHTING

The Contractor shall provide at their risk and cost all watching and lighting as necessary to safeguard the Works, plant and materials against damage and theft.The contractor shall be entirely responsible for the security both for his own and sub-contractors.

A. SIGNBOARD

The signboard shall give a brief title of the project and image

The Signboard and lettering on same for the display of the General and Sub-Contractors' names shallbe of an approved size with the Employer's name painted thereon. The Architect's, Quantity Surveyor'sand other Consultants' names shall be printed in 50 mm letters all to the Architect's approved design.

No other signboard or advertising will be permitted without prior permission from the Architect.



The Contractor shall allow for all the statutory payments to the relevant authorities associated with signboard erection and renewal during the entire project period.

NOMINATED SUB-CONTRACTORS AND SUPPLIERS

B. NOMINATED SUB-CONTRACTORS

The Contractor shall be responsible for Nominated Sub- Contractors in every respect and in particular it shall be the Contractor's responsibility to ensure that each Sub- Contractor commences and completes the work in such manner and is ready on the Site with their materials, labour and special plant at such times so as to conform with the Progress Schedule, as specified previously, and to ensure satisfactory progress.

The Contractor shall also accept liability for and bear the cost of General Attendance on Nominated Sub-Contractors which shall be deemed to include for:

Allowing the use of standing scaffolding, maintenance and alteration of all scaffolding, retention of all scaffolding until such time as all relevant Sub-Contractors' works are complete and removal of all scaffolding on completion. Providing space for office accommodation, and for storage of plant and materials; allowing use of sanitary accommodation; the supply of all necessary water, and lighting; and clearing away all rubbish.

The items for "General Attendance" given herein-after following P.C. Sums in respect of Sub-Contractors' work shall be deemed to include all the above.

The Contractor shall also accept liability for and bear the cost of Special Attendance on Nominated Sub-Contractors which shall include for one or more of the following:

Unloading, storing, hoisting, placing in position, providing power, provision of special scaffolding.

The items of "Special Attendance" given herein-after following P.C. Sums shall include any one or more of the above items as set out in the particular reference.

Cutting away for and making good after the work of Sub- Contractors as may be required will be priced and allowed for separately under Builder's work to the Specialist trade.

A. NOMINATED SUPPLIERS

The Cost of "Fix Only" materials to be obtained from Nominated Suppliers which are covered by Prime Cost or Provisional Sums shall include for taking delivery where directed, checking with invoices or indents, reporting and claiming damages for shortages and damaged goods, defraying demurrage, signing for as having been received in good order, transporting, unloading, storing, covering and protecting until the time of fixing, unpacking, replacing anything lost or damaged, sorting, assembling, hoisting to required levels and fixing as described.

Before placing any orders with Nominated Sub-Contractors or Nominated Suppliers the Contractor must ascertain that the terms and conditions of the quotations and the dates of delivery of materials



or execution of works comply with the terms of Contract and the Progress Schedule.

B. PRIME COST RATES

Where description of items include a P.C. rate per unit this rate is to cover the nett supply cost of the unit only. The Contractor's price must include for the cost of the unit at the rate stated, plus

waste, taking delivery, storage, fixing in position, profit and overheads.

The actual nett cost per unit will be adjusted within the Final Account against the P.C. rate stated.

PROTECTION AND CLEANING

C. PROTECTION

The Contractor shall cover up and protect from damage, including damage from inclement weather, all finished work and unfixed materials, including that of Sub-Contractors, etc., to the satisfaction of the Architect until the completion of the Contract.

D. CLEANING

The Contractor shall, upon completion of the Works, at their own expense, remove and clear away all surplus excavated materials, plant, rubbish and unused materials and shall leave the whole of the Site and Works in a clean and tidy state to the satisfaction of the Architect, including clearing away and making good all traces of temporary access roads, offices, sheds, camps, etc. Particular care shall be taken to leave clean all floors and windows and to remove all paint and cement stains.

They shall also, at the discretion of the Architect, remove all rubbish and dirt as it accumulates. The Contractor is to find their own dump and shall pay all charges in connection therewith.

A. TRAINING LEVY

The Contractor's attention is drawn to Legal Notice No. 237 of October 1971, which requires payment by the Contractor of Training Levy on all Contracts of more than Shs.50,000/- in value and his Tender must include for all costs arising or resulting therefrom.

B. VALUE ADDED TAX

The Contractor's attention is drawn to the Finance Act 1993 which requires payment by the contractor of Value Added Tax on construction services rendered. The contractor shall allow for the requirements of this tax in their rates.



C. WITHHOLDING TAX

The contractor's attention is drawn to the Finance Act 2002.The contractor shall ensure that they have the full knowledge odf the workings of withholding tax.Withholding tax shall be deducted from all payments as applicable.

D. OCCUPATION CERTIFICATE

The Architect will provide to the Contractor a duly completed application together with the requisite"As Built" drawings. The contractor will be required to submit the application and obtain the OccupationCertificate from the Local Authority no later than the end of the Defects Lability Period.The Contractor will deliver the original certificate to the owner with a copy to the Architect.

E. STANDARDS LEVY

The Contractor's attention is drawn to Legal Notice No. 267 of 22nd June 1990, which requires payment by the Contractor of Standards Levy. his Tender must include for all costs arising or resulting therefrom.

F. OTHER STATUTORY OBLIGATIONS, NOTICES, FEES AND CHARGES

Not withstanding any other statutory obligations, notices, fees and charges not listed above,the contractor shall allow in his tender for all such costs incurred in complying with all statutoryrequirements and payment of all leviers currently in force and affecting the construction industry.


SECTION NO. 2ADDITIONAL WORKS 2 / 1

ITEM DESCRIPTION UNIT QUANTITY RATE AMOUNT (KSHS)

SECTION 2: ADDITIONAL RENOVATION WORKS

ELEMENT NO. 1

PLINTH CONSTRUCTION TO TAKE NEW CONTAINER

Excavations including maintaining and supporting sides and keeping free from water, mud and fallen material

ARemove existing cabro paving and excavate in compacted hardcore average depth of 250mm from original ground level and cart away excavated materials and dispose cabro paving as directed by th Client

SM 36

Hardcore or other approved filling, as described

B 300mm thick well compacted hardcore filling blinded with quarry dust layer to receive surface bed

SM 36

Anti - termite to treatment

C Chemical anti-termite treatment, executed complete by an approved specialist under a ten-year guarantee,to surfaces of hardcore

SM 36

Damp-proof membrane

D 1000 gauge polythene or other equal and approved amp-proof membrane, laid over blinded hardcore (measured separately) with 300mm side and end laps (measured nett-allow for laps) SM 36

Reinforced concrete class (20) as described, in:-

E 200mm Thick surface bed SM 36

Mesh fabric reinforcement to B.S 4483 and setting in concrete with

300mm side and end laps (measured nett-allow for laps).

F Fabric ref. A142 in surface SM 36

Sawn formwork as described to:-

G Edges of ground floor slab girth 75 - 150mm LM 25

Roofing Construction

STRUCTURAL STEEL WORKS AND ROOF CONSTRUCTION

Un-framed Structures

The following in unframed structural steel framework, including all necessary welds, site welds, cleats, plates and sundry fixings, priming with red lead graphite primer, painting of exposed steelwork with 2 coats gloss oil paint, delivered to site and fixing in position

Carried to Collection



ITEM DESCRIPTION UNIT QUANTITY RATE AMOUNT (KSHS)Tie Beams

A 25 x 25 x 3mm tie beams to still girder (2.35kg/m) KG 57

Rafters

B 25 x 25 x 3mm rafters (2.35kg/m) KG 32

Purlins

C 25 x 25 x 3mm (2.35kg/m) KG 51

Sagrods

D12mm diameter x 1500mm long Anti-sag rods complete with threads and washers on both ends and including fixing to metal purlins (measured separately)

NO 5

Roof Covering

IT4 Prepainted aluzinc roof sheets as manufactured by Mabati Rolling Mills (k) Ltd. or other equal & approved

28 gauge roofing sheets including self driling screws fixed to metal purlins with and including self drilling screws, washers, and nuts at at approved centres in accordance with the manufacturer's instructions ( measured net - no allowance made for laps) to laid at an angle not exceeding 5 degrees:

E Roof covering not exceeding 20 degrees from horizontal SM 40

Roof Drainage (Provisional)

Galvanised mild steel gutter shaped as required, including fixing, welding and brackets as required

F 2.0mm thick, gutter size 250mm wide x 350mm deep (950mm girth) LM 6

UPVC downpipe including mild steel holderbats plugged

G 150mm diameter down pipe LM 5

H Extra over swaneck NO 2

I Extra over shoe NO 2




ITEM DESCRIPTION UNIT QUANTITY RATE AMOUNT (KSHS)Painting and Decoration

Prepare and applythree coats of gloss oil paint to:

A Vertical metal surfaces of containers per attached drawing 3.01 SM 126

B Horizontal surfaces of containers as per attached drawing 3.01 SM 74

C Surfaces of staircase and corridor railling both sides Sm 22


COLLECTION

From Page 2/1

From Page 2/2

From Page 2/3

ELEMENT NO. 1 Carried toPLINTH CONSTRUCTION Main Summary

ELEMENT NO. 2




VACCINATION AREA REPAIRS

Timber Walling

Prefabricated timber wall comprising 100 x 25mm Tounged and grooved treated wrot cypress timber cladding externally and 6mm thick plywood cladding internally screwed or nailed to and including 100 x 50mm sawn cypress structural timber support members fixed @ 600mm c/c vertically; and 50 x 50mm sawn cypress structural timber support members fixed at 600mm c/c horizontally; 75mm thick styrofoam sound insulation infill as described in:

A 105mm thick external timber walling SM 37

Painting and decorating

Prepare the surface and apply three coats of pinotex varnish as 'Sadolin' or other equal and approved externally on:

B General surfaces of new T & G timber wall cladding externally SM 37

Prepare and apply one undercoat and two finishing coats of 'Crown Paint Solo' silk sheen or other equal and approved emulsion paint on:

C Surfaces of ply wood linning internally SM 37

Roof Renovations

Demolitions

D Carefully strip off existing IT4 roofing sheets, make good any roof sheets diturbed by the demolition process and dispose the removed sheets as directed by the Client (approximately 41 sm) ITEM

E Carefully remove existing upvc gutter and didpose as directed by the Client (Approx 10 Lm) ITEM

Purlins in RHS

E 25 x 25 x 3mm (2.35kg/m) KG 21

Roof Covering

IT4 Prepainted aluzinc roof sheets as manufactured by Mabati Rolling Mills (k) Ltd. or other equal & approved



A Roof covering not exceeding 20 degrees from horizontal SM 41



ITEM DESCRIPTION UNIT QUANTITY RATE AMOUNT (KSHS)Galvanised mild steel gutter shaped as required, including fixing, welding and brackets as required

B3.0mm thick, gutter size 200mm wide x 150mm deep firmly fixed on to RHS support with 25mm steel flats; gutter laid to falls. LM 10

New sliding Aluminium Windows

Supply, assemble and fix the following purpose made sliding windows comprising powder coated aluminium window frame 50 x 100 x 2mm thick sections by Booth Manufacturing or equal and approved incorporating complete with fixing lugs on timber or masonry; 1 layer mosquito gauze wire and coffee tray wire complete with 50 x 25mm painted timber bead permanent including all necessary cutting, 8mm thick (4mm thick clear glass + Tinted PVB + 4mm thick clear glass) light tinted laminated as "Impala" or equal and approved complete with rubber bead all round and all the necessary ironmongeries (All windows should conform to Architect's detail drawings ref: Typical prefab bld window & Typical masonry bld window)

Note: The contractor shall be required to confirm physically on site all the existing window opening dimensions prior to fabrication

C Window overall size 1200 x 1000 mm high NO 6

Mild steel grills

Purpose made steel grilled door made from 100x50x4mm RHS heavy duty frame in panes with 100x50x4mm RHS frames to door leaf; 1No. Horizontal divider frame; with 1800x300mm high 2mm thick mild steel kickplate both sides lock plate fixed to masonry jambs, concrete head and threshold complete with gloss paint , 1No. 300mm long stainless steel Pull handles; 1No. Heavy duty door stop; 2No. Stainless steel push plates outside; 3No heavy duty hinges per door leaf;1No 5 lever heavy duty mortise lock; Including gloss oil paint to frames;All to approval

D Mild steel doors overall size 1200 x 2350mm high NO 2

Ceiling Finishes

E 10mm thick chip board ceilling finishes complete with 50 x 50mm sawn cypress brandering at 600mm centres both ways

SM 36

Painting and decoration

Prepare and apply: one coat 'Crown' cover matt: one undercoat and two finishing coats 1st grade silk vinyl emulsion paint : from 'Crown' or equal and approved: on plastered surfaces: allow for skimming and filling: to

F Gypsum surfaces SM 36


COLLECTION




From Page 2/4

From Page 2/5

ELEMENT NO. 2 Total Carried toVACCINATION AREA REPAIRS Main Summary KShs

ELEMNET NO. 3

CANTEEN ROOF STRUCTURE RENOVATIONS




Demolitions

Contractor to visit site and inspect the existing works before pricing.

A Carefully demolish existing roof structure and covering and dispose arising as directed by the Client (approx 63sm) ITEM

Structural Steel columns

The following in unframed structural steel framework and well grouted in mass concrete base size 300 x 300 x 500mm deep including all necessary welds, site welds, cleats, plates and sundry fixings, priming with red lead graphite primer, painting of exposed steelwork with 2 coats gloss oil paint, delivered to site and fixing in position

B100mm diameter x 3mm CHS Columns grouted in mass concrte bed size 300 x 300 x 500mm deep(7.4kg/lm) KG 200

Holes

CCarefully cut hole in hole through existing concrete slab to receive mass concrete base size 300 x 300 x 500mm deep including making good to approval. NO 10

Roof Construction


D75 x 50 x 3mm rafters welded on both sides to steel rhs columns (m.s) (5.89kg/lm)

KG 188

E75 x 50 x 3mm tie beam welded on both sides to steel rhs columns (m.s) (5.89kg/lm)

KG 188

F 75 x 50 x 3mm ties welded on both sides to rafters and tiebeam (5.89kg/lm) KG 226

G 75mmx50mmxZED purlins (4.71kg/m) KG 179

Fascia Board

Wrot Softwood; treated cypress or equal and approved

H 225 x 25mm thick fascia board LM 21


Roof Covering IT4 Prepainted aluzinc roof sheets as manufactured by Mabati Rolling Mills (k) Ltd. or other equal & approved





A Roof covering not exceeding 25 degrees from horizontal SM 65

Roof Drainage (Provisional)



Gilvanized mild steel downpipe including mild steel holder bats plugged

C 150mm diameter down pipe LM 6

D Extra over swaneck NO 2

E Extra over shoe NO 2


COLLECTION

Brought forward from Page 2/7

Brought forward from Page 2/8 above

ELEMENT NO. 3 Carried toCANTEEN ROOF STRUCTURE RENOVATIONS Main Summary

ELEMNET NO. 4

ADDITIONAL WORKS TO PHLEBOTOMY AREA

Demolitions



ITEM DESCRIPTION UNIT QUANTITY RATE AMOUNT (KSHS)Contractor to visit site and inspect the existing works before pricing.

ACarefully demolish existing protruding masonry walling; 200mm thick; cart away arising debris and make good arising edges includig plastering as approved and painting in three coats if exterior quality emuslion paint (4sm)

ITEM



C Diito but to new toilet lab toilets LM 10

Finishes to floors

Cement and sand (1:4) wood floated screed: beds to receive flooring

D 30 mm thick screed to receive ceramic tile (measured separately) SM 3

Ceramic floor tiling

E Provide a prime cost rate of [Kshs 3000.00/sm] for supply of ceramic floor tiles (tenderer to add the cost of collection from the client's warehouses within Nairobi area, delivery, grouting, adhesive, spaces and all other materials and laying to completion) as selected by the Architect: take delivery and fix only 300x300x10mm ceramic tiles to floor on prepared screed (m.s) with proprietary adhesive; jointed and pointed in matching coloured proprietary grouting: including pvc spacers and expansion joint as necessary: all to Architect's approval

SM 3

ELEMENT NO. 4 Carried toADDITIONAL WORKS TO PHLEBOTOMY Main Summary

ELEMNET NO. 5

PARTITIONING WORKS TO NEW RECEPTION

WALLING PARTITIONS



ITEM DESCRIPTION UNIT QUANTITY RATE AMOUNT (KSHS)Gypsum wall Partition

A100 mm thick Gypsum partition; complete with and including 75 x 50 x 3 mm thick aluminum channels spaced at 400 mm centers vertically and 1100 mm centers horizontally and faced both sides with and including 12.5 mm thick gypsum board including skiming all joints with approved jointing compound.

SM 7

Sound Proof Dry Wall

B200 mm thick Gypsum partition; complete with and including 175 x 50 x 3 mm thick aluminum channels spaced at 400 mm centers vertically and 1100 mm centers horizontally and faced both sides with and including 12.5 mm thick gypsum board on both sides and infilled with approved sound insulation including skiming all gypsum joints with approved jointing compound.

SM 23

Gypsum Linning to Surface of retractable partition

CGypsum linning to surface of retractable door supported by 25 x 50mm timber batterns fixed verticaly and horizontally at 600mm intervals SM 18

Painting and Decoration


D Gypsum surfaces SM 81

Doors

In Wrought Mahogany

E 75 x 25mm Architrave with two labours, plugged LM 36

F Ex 50 x 150mm Frame with two labours; plugged LM 12

45mm thick solid core flush door to B.S 459: part 2 faced both sides with 6mm embossed mahogany veneered plywood and lipped on all edges in hardwood, including all planted moulding

G Overall size 900 x 2400mm high NO 2


Iron Mongery

Supply and fix the following ironmongery as per "union" from Assa abloy or other equal and approved with matching screws:- (See attached iron mongery schedule in appendix)

A Hinges - 102x76x3mm Stainless Steel Double Ball Bearing Hinges PRS 4




B 3 lever Cylinder lock with roller catch & Cylinders Stainless steel NO 2

C UNION/Assa Abloy Door Closer pwr 2 - Silver NO 2

D 25mm rubbber door stop NO 2


Prepare and apply three coats polyurethane clear polish to woodwork

E Surfaces over 75-150mm girth LM 12

F General surfaces SM 5


COLLECTION


Brought forward from Page 2/11 above

ELEMENT NO. 5 Carried toPARTITIONING WORKS TO NEW RECEPTION Main Summary

ELEMNET NO. 6

PARITIONING WORKS TO MAIN RECEPTION (APPLICANT PRIVACY)

WALLING PARTITIONS

Mdf walling Partitions




A25mm thick white mdf boards walling and aluminium edge strip at the corners and edges as per archotect's details SM 19

ELEMENT NO. 6 Carried toPARTITIONING WORKS TO MAIN RECEPTION Main Summary

ELEMNET NO. 7

RECONSTRUCTION OF CLIENT TOILET CEILING

Masonry Extension at disabled toilet




AExtension of external walling in 200m thick masonry by one course including plaster and painting to external side and screed and tilling to internal surfaces. SM 8

Ceilling finishes

Painting and Decoration


CExisting concrete surfaces sloping at an angle not exceeding 15 digrees from horizontal SM 42

Electrical Installations

D Carefuly disconnect and dismantel existing cable trays complete with additional cables and dispose as directed by the Client.( Approx 26 Lm)

ITEM

The following electrical complete with conduits and wiring as done on site and accessories (Existing swithces to be used)

E Lighting Points NO 4

F Double fluoroescent tube light fitting NO 4

Plumbing Fittings

Wash hand basin Mixers

GVADO Mono Basin Mixer with pop-up waste model KOR-100. Rate to include disconnecting and dismantling existing taps and handing over to client NO 6

H Ditto, urinal flush valve as shall be approved by the Client No 2

ELEMENT NO. 7 Carried toRECONSTRUCTION OF CLIENT TOILET CEILING Main Summary

ELEMNET NO. 8

CASHIER ROOM SECURITY ENHANCEMENT

Grill Door Enhancement




A

Cladding the existing mild steel door size 840 x 2050mm high in 2mm thick metal plate on both sides welded on to existing metal frame of grill door; plates to be pre-painted ingrey oxide primer and to be painted in gloss paint on both sides (measured nett) on site complete with 5 lever motice lock and handles to approval.

NO 1

Window Enhancement


Main Framing

B 50 x 25 x 4mm RHS thick framing all round the window (4.71kg/m) KG 19

Channel Framing

C35 x 25 x 4mm RHS thick channel framing on top and bottom length of the window (2.66kg/m) KG 5

Bullet Proof Glass

27mm bullet proof one way tinted glass: fixed all round with and including 50 x 50 x 3mm stainless steel channels: 75 x 50mm Powder coated aluminum top rail: 100 x 60mm powder coated aluminium vertical frames: 2 No panes at each teller point: measured nett: allow 70mm wide overlap between panes at the teller point

D Overall size 900 x 1150mm high NO 1

ELEMENT NO. 8 Carried toCASHIER ROOM SECURITY ENHANCEMENT Main Summary

ELEMNET NO. 9

DOCTORS EXAMINATION ROOM 2

Demolitions




ACarefully hack out existing ceramic floor tiles complete with skirting, cart away arising debris and prepare surfaces to receive new floor tiles (Approximately 25Sm) ITEM 1

B Carefully remove existing worn out curtain tracks and dispose as dircted by the Client (Approx 10 Metres long)

ITEM

CCarefully demolish existing timber steps comprising of 2 no steps measuring 1 long and 350mm wide and 150mm high 2 no risers; and prepare surfaces to receive new steps in concrete

ITEM

Concrete Steps

The following in mass concrete class 15

D Concrete step comprsing 2 steps of of 1m long, 350mm wide treads and 150mm high risers including all associated formwork

NO 1

Cement and sand (1:4) wood floated screed: beds to receive flooring

E 30 mm thick screed to treads of steps; 350mm wide to receive ceramic tile (measured separately)

SM 1

F 20 mm thick screed to risers of steps; 150mm high to receive ceramic tile (measured separately)

LM 2

Ceramic floor tiling

G Provide a prime cost rate of [Kshs 2500.00/sm] for supply of ceramic floor tiles (tenderer to add the cost of collection from the client's warehouses within Nairobi area, delivery, grouting, adhesive, spaces and all other materials and laying to completion) as selected by the Architect: take delivery and fix only 300x300x10mm ceramic tiles to floor on prepared screed (m.s) with proprietary adhesive; jointed and pointed in matching coloured proprietary grouting: including pvc spacers and expansion joint as necessary: all to Architect's approval (Ramp & Treads)

SM 24

H Ditto 100mm high skirting LM 18

I To Treads of steps; 350mm wide SM 1

J To Risers of steps; 150mm wide LM 2


Curtain trucks

A Supply install approved double rail curtain tracks LM 10

B Wall Paint



ITEM DESCRIPTION UNIT QUANTITY RATE AMOUNT (KSHS)Prepare and apply one undercoat and two finishing coats of 'Crown Paint Solo' silk sheen or other equal and approved emulsion paint on:

C Plastered walls internally SM 46


COLLECTION



ELEMENT NO. 9 Carried toDOCTORS EXAMINATION ROOM 2 Main Summary

ELEMNET NO. 10

PHLEBOTOMY WALKWAY UPGRADE

Demolitions



ITEM DESCRIPTION UNIT QUANTITY RATE AMOUNT (KSHS)A Demolition of existing masonary kerb and carting away arising debris (Aproximste

length 8Lm) ITEM

B Carefully hack the existing cement and sand screed to provide suitable level and prepare surface to receive terazzo finish (m.s) (Approx 60sm) ITEM

New Concrete bed

Damp-proof membrane

C 1000 gauge polythene or other equal and approved amp-proof membrane, laid over blinded hardcore (measured separately) with 300mm side and end laps (measured nett-allow for laps) SM 12

Reinforced concrete class (20) as described, in:-

D 200mm Thick surface bed SM 12

Mesh fabric reinforcement to B.S 4483 and setting in concrete with 300mm side and end laps (measured nett-allow for laps).

E Fabric ref. A142 in surface SM 12

Sawn formwork as described to:-

F Edges of ground floor slab girth 75 - 150mm LM 38

Terrazzo finish

Terrazzo

G 40mm thick in-situ terrazzo paving polished and in approved patterns with and including plastic dividing strips.

SM 72

H 150mm high skirting LM 78

ELEMENT NO. 10 Carried toPHLEBOTOMY WALKWAY UPGRADE Main Summary

ELEMNET NO. 11

ADDITIONAL PAINTWORK

Internal Wall finishes



ITEM DESCRIPTION UNIT QUANTITY RATE AMOUNT (KSHS)Painting and decoratingInternal Wall finishes

Prepare and apply one undercoat and two finishing coats of 'Crown Paint Solo' silk sheen or other equal and approved emulsion paint on:

A Plastered walls internally- cunselling room SM 21

External Wall finishes


Prepare and apply two coats exterior quality weatherguard paint on:-

B Already painted surfaces of dwarf wall Sm 58

C To laundry area Sm 6

D Block B security house Sm 14

E Dwarf wall next to block B security house Sm 11

ROAD PAINTING

Three coats road marking as 'Roadline' paint or equal and approved as described:-

F Yellow road marking paint to Surfaces not exceeding 100mm girth Lm 411

G To road kerbs; overall size 125 x 250mm splayed Lm 379

ELEMENT NO. 10 Carried toPHLEBOTOMY WALKWAY UPGRADE Main Summary

MAIN SUMMARY PAGE

1 PLINTH CONSTRUCTION TO TAKE NEW CONTAINER 2/3

2 VACCINATION AREA REPAIRS 2/6




3 CANTEEN ROOF STRUCTURE RENOVATIONS 2/8

4 ADDITIONAL WORKS TO PHLEBOTOMY AREA 2/9

5 PARTITIONING WORKS TO NEW RECEPTION 2/11

6 PARITIONING WORKS TO MAIN RECEPTION (APPLICANT PRIVACY) 2/12

7 RECONSTRUCTION OF CLIENT TOILET CEILING 2/13

8 CASHIER ROOM SECURITY ENHANCEMENT 2/14

9 DOCTORS EXAMINATION ROOM 2 2/16

10 PHLEBOTOMY WALKWAY UPGRADE 2/17

11 ADDITIONAL PAINTWORK 2/18

TOTAL FOR ADDITIONAL RENOVATION WORKS KSHS -

PROPOSED EXTENSION AND NEW WORKS WITHIN BLOCKS A, B AND C PREMISES AT GIGIRI, NAIROBI COUNTY FOR IOM

GRAND SUMMARY G/S

ITEM DESCRIPTION PAGE AMOUNT

1 ADDITIONAL RENOVATION WORKS Page 2/19

TOTAL COST OF TENDER INCLUSIVE OF 16% V.A.T CARRIED TO FORM OF QUOTATION (ANNEX A) KSHS.

SIGNED: SIGNED:

( CONTRACTOR NAME)…………………………………………………………. ( EMPLOYER NAME) …..……...………………………………

Address:………………………………………………………………………………… Address:..………………………………………………………

Tel No: …………………………………………………………………………………. Tel…………………………………………………………………

Email: …………………………………………………………………………………… Email: ……..……………………………………………………

PIN Number No: …………………………………………………………………… PIN Number No: ……..………………………………………

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

OFFICIAL STAMP OFFICIAL STAMP

JOB NO. 534/17

PROPOSED EXTENSION AND NEW WORKS AT IOM OFFICE PREMISES IN GIGIRI, NAIROBIFOR INTERNATIONAL ORGANIZATION FOR MIGRATIONS (IOM)

GRAND SUMMARY

G/S 1