NAIROBI CITY COUNTY

WATER, ENRGY AND NATURAL RESOURCES SUB SECTOR

BID DOCUMENT FOR CONSTRUCTION OF WATER KIOSKS IN MUTUINI WARD

TENDER No. NCC/WENR/T/431/2015-2016

Chief officer

Water, Energy and Natural Resources

P.O. Box 30075-00100

Nairobi

County Secretary

Nairobi City County

P.O. Box 30075-00100

Nairobi

SECTION I INVITATION TO BID

1. Contract No. NCC/WENR/T/431/2015 -2016:- Construction of Water Kiosks in MUTUINI WARD

2. The Nairobi City County invites bids for construction of water kiosks in Karen Ward.

3. Bids are open for eligible Contractors who meet the following criteria to bid for the above works.

a) Copies of certificates of registration, and principal place of business;

b) Total monetary annual value of construction work performed for at least one year of the last five years of Ksh 10 Million;

c) Experience in works of a similar nature and size for at least one year of the last five years, and clients who may be contacted for further information on these contracts;

d) Major items of construction equipment owned;

e) Major items contractor intends to lease for this assignment;

f) Qualifications and experience of key site management and technical personnel proposed for the Contract; indicating their technical capability.

g) Be an authorized Contractor Category NCA6 or above issued by the National Construction Authority (NCA) and copy of the registration certificate must be submitted with this bid.

h) Reports of the audited financial statements of the Bidder i.e. the income statement and the changes in equity for the last two years.

i) Authority to seek references from the Bidders bankers and references.

j) Details of any past or current litigation or arbitration proceedings in which the Bidder is/was involved as one of the parties.

k) Bidder who have worked for the County Government (NCC) before shall demonstrate they have satisfactory performed all the previous projects and that none of the contracts has been terminated or in the process of termination for non-performance.

4. The bid document can be down loaded from Nairobi City County Web-Site (www.nairobi.go.ke and www.kenyasuppliespotal.go.ke)

5. Completed Bid documents are to be enclosed in plain sealed envelopes marked with Bid reference number and be deposited in the Bid Box at Nairobi City County, on the first floor, City Hall Annex. so as to be received on or before 12.00 noon, on 19th May,2016

6. Prices quoted should be net and inclusive of all taxes; and must be in Kenya Shillings. They shall remain valid for a period of hundred and twenty (120) days from the closing date of the Bid.

7. Bids will be opened at 12.00 noon on the bid submission deadline date immediately thereafter in the presence of the Candidates or their representatives who choose to attend at Nairobi City County procurement boardroom situated at the City Hall Annex..

8. All bids shall be accompanied by a bid security of not less than Kes 200,000 in the form of Bankers guarantee or Bankers cheque

9. Nairobi City County reserves the right to accept /reject all or part of the Bids

SECTION 1: FORM OF BID (WITH APPENDIX) AND BILLS OF QUANTITIES

Bidders are required to fill in all blank spaces in this Form of Bid.

TO: The County Secretary

Nairobi City County

P. O. Box 30075-00100

NAIROBI, KENYA

1.Having examined the Bid Documents and the addenda Nos. thereto, for Contract No. NCC/WENR/T/431/2015-2016- Construction of Water Kiosks Construction of Water KiosksMutuini Ward. We the undersigned, offer to carry out the works enumerated in the Bill of Quantities contained herein in conformity with the said Bid documents and addenda for the sum of:

Ksh. (Figures) ___________________________________________________

Ksh. (Words) ___________________________________________________

_________________________________________________________

or such other Sum as may be ascertained in accordance with the said conditions.

2.We acknowledge having received the following addenda to the Bid Documents:

Addendum No.

Dated

3. We undertake, if our Bid is accepted, to carry out the works comprised in the contract at the places and within the time stated in this document.

4.If our Bid is accepted we will furnish a performance bond in the form of Bank Guarantee) to be jointly and severally bound with us in an amount of Kshs.100,000 of the above named sum, which shall be subject to release to the Contractor in accordance with the General Conditions of the Contract.

5.We agree to abide by this Bid for a period of 120 days from the date of Bid opening prescribed in the Invitation to Bid and it shall remain binding upon us and may be accepted any time before the expiry of that period or any extended period.

6.Unless and until an Agreement is prepared and executed, this Bid together with our written acceptance thereof shall constitute a binding Contract between us.

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

8.We hereby agree that any errors in our Bid will be adjusted in accordance to Clause 21 of the Instructions to Bidders.

Dated this..day of 2016

(Name and Signature) ...

In the capacity of

Duly authorized to sign Bids, for and on behalf of

P. O. Box

Name of Witness ..

Address...

Signature of Witness

APPENDIX TO BID

CONDITION OF CONTRACT

1. Amount of Performance Security

10% of the sum stated in the letter of Acceptance or as modified or as modified in appendix to the instructions to tenderers

2. Minimum amount of Third Party

Insurance

10% of the sum stated in the letter of Acceptance.

3. Period within which the Engineers Notice to commence the works is to be issued.

14 days after the employers acceptance of the Contractors Performance Security (Bond) and agreement to the general terms of the insurances required under the Contract.

4. Time of completion of the whole of the works

.

5. Amount of liquidated Damages

0.5% of the sum stated in the letter of Acceptance

6. Limit of liquidated Damages

10% of the sum stated in the letter of Acceptance

7. Defects liability period

12 months.

8. Percentage Adjustment for PC Sum

As indicated in the BOQ

9. Minimum amount of interim certificate

10% of the sum stated in the letter of acceptance.

10. Retention Amount

10% of the sum stated in the letter of acceptance.

11. Time within which payment is to be made after receipt of the certificate by the employer

30 days

13. Appointer of Arbitrator

Chairman of the Institution of Engineers of Kenya

Dated this ............ day of ............... 2016..............

Signature....................In the capacity of...........................................................................

Duly authorized to sign bids for and on behalf of..............................................................................

(In block capitals)

Witness ........................... Address........................................................

SECTION: 3 - INSTRUCTIONS TO BIDDERS

Note: The Bidder must comply with the following conditions and instructions and failure to do so is liable to result in rejection of the Bid.

GENERAL

1. Definitions

(a) Bidder means any person or persons partnership firm of company submitting a sum or sums in the Bills of Quantities in accordance with the instructions in accordance with the instructions to Bidders, Conditions of Contract parts I and II, Specifications, Drawings and Bills of Quantities for the work contemplated, acting directly or through a legally appointed representative.

(b) Approved Bidder means the Bidder who is approved by the Employer.

(c) Any noun or adjective derived from the word Bid shall be read and construed to mean the corresponding form of the noun or adjective bid .Any conjugation of the verb Bid shall be read and construed to mean the corresponding form of the verb bid

(d) Employer Nairobi City County represented by the County Secretary, P.O. Box 30075-00100 Nairobi.

(e) The Engineer means Chief Officer - Water, Energy & Natural Resources.

P. O. Box 30075-00100 Nairobi.

2. Eligibility and Qualification Requirements

2.1 All bid documents issued/down loaded for this purposes of Biding shall remain the property of Nairobi City County.

2.2 To be eligible for Award of Contract, the Bidder shall provide evidence satisfactory to the employer of the eligibility under Sub Clause 2.1 above and of their capability and adequacy of resources to effectively carry out the subject contract. To this end, the Bidder shall be required to furnish the following information:-

a. The form of Bid (and appendix thereto) and Bill of Quantities

b. Details of experience and past performance of the Bidder on the works of a similar nature within the past five years and details of current work on hand and other contractual commitments. The list shall indicate each works of at least Kshs 10 million in value;

c. The qualifications and experience of key personnel proposed for administration and execution of the contract, both on and off site.

d. List major items of construction plant and equipment proposed for use in carrying out the contract. Only reliable plant in good working order and suitable for the work shall be shown on this schedule. The bidder shall also indicate on this schedule when each item shall be available for the works.

e. Details of subcontractors to whom it is proposed to sublet any portion of the contract and for whom authority shall request for such subletting in accordance with clause 4 of the conditions of Contract.

f. A draft program of works in the form of a bar chart and schedule of payment which shall form part of the contract if the bid is accepted. Any change in the program or schedule shall be subjected to the approval of the Engineer.

g. Details of any past or current litigation or arbitration proceedings in which the Bidder is/was involved as one of the parties.

h. Documentary evidence that the Bidder is eligible to bid and is qualified to perform the contract if his Bid is accepted;

i. Documentary evidence that the works to be carried out by the Bidder conform to the Bid document;

j. Copies of certificates of registration, and principal place of business;

k. List of major items of construction equipment owned;

l. List of major items contractor intends to lease for this assignment;

m. Reports of the audited financial statements of the Bidder i.e. the income statement and the changes in equity for the last two years.

n. Authority to seek references from the Bidders bankers and references.

o. Current registration certificate as a water and sanitation contractor by the ministry of water and irrigation of the Government of Kenya

Bidder shall not be in a state of ineligibility and shall state as such in a signed statement and on their letter head. He shall further attach a statement of compliance to bid.

2.3 Joint Ventures

(a) Bids submitted by a joint venture of two or more firms as partners shall comply with the following requirements:

(b) The Bid, and in case of a successful Bid, the form of an Agreement, shall be signed so as to be legally binding on all partners.

(c) One of the partners shall be nominated as being in charge; and this authorization shall be evidenced by submitting a power of attorney signed by legally authorized signatories of all partners.

(d) The partners in charge shall be authorized to incur liabilities and receive instructions for and on behalf of any all partners of the joint venture and the entire execution of the contract including payment shall be done exclusively with the partner in charge.

(e) All partners of the joint venture shall be liable jointly and severally for the execution of the Contract in accordance with the Contract terms, and a relevant statement to this effect shall be included in the authorization mentioned under(b) above as well as in the Form of Bid and the form of Agreement (in case of successful Bid).

3. Cost of Bidding

The Bidder shall bear all costs associated with the preparation and submission of his Bid and the Employer shall in no case be responsible or liable for those costs, regardless of the conduct or outcome of the biding process.

4. Site Visit

4.1 The Bidder is advised to visit and examine the site and its surroundings and obtain for himself on his own responsibility, all information that may be necessary for preparing the Bid and entering into contract. The costs of visiting the site shall be the Bidders own responsibility. Site visit is mandatory and a site visit certificate shall be the proof of visit and shall be included in the bid in order to qualify. The certificate shall be signed and signed by the employers representative.

All Tenderers shall assemble at the Supplies Management Office on 12th May, 2016 at 9.30am for guidance.

4.2 The Bidder and any of his personnel or agents shall be granted permission by the employer to enter upon premises and lands for the purpose of such inspection, but only upon the express condition that the Bidder, his personnel or agents, shall release and indemnify the Employer from and against all liability in respect of, and shall be responsible for personal injury (where fatal or otherwise), loss of or damage to property and any other loss, damage, costs and expenses however caused, which but for the exercise of such permission, would not have arisen.

5. Bid Documents

5.1 The Bid documents shall comprise of the documents listed here below and shall be read together with any Addenda issued in accordance with Clause 7 of these instructions to Bidders.

a. Form of invitation for Bids

b. Instructions to Bidders

c. Form of Bid

d. Appendix to form of Bid

e. Form of Bid surety

f. Form of performance Security

g. Form of Agreement

h. Schedules of supplementary Information

i. General Conditions of contract-part I

j. Conditions of Particular Application- Part II

k. Specifications

l. Bills of Quantities

m. Drawings

5.2 The Bidder is expected to examine carefully all instructions, conditions, forms, terms, specifications and drawings in the Bid documents. Failure to comply with the requirements for Bid submission shall be at the Bidders own risk. Pursuant to clause 22 of instructions to Bidders, Bids which are not substantially responsive to the requirements of the Bid documents shall be rejected.

5.3 Tender document has been filled and returned in its original form without mutilation. Bidders who do not return the tender document will not be evaluated further ( all filled pages should be signed and stamped by the bidder)

5.4 All recipients of the bid documents for the proposed Contract for the purpose of submitting a Bid (whether they submit a Bid or not) shall treat the details of the bid documents as private and confidential.

6. Clarification of Bid Documents

6.1 A prospective Bidder requiring any clarification of the Bid documents may notify the Employer in writing or by e-mail, cable or facsimile at the Employers mailing address indicated in the Invitation to Bid. The Employer shall respond in writing to any request for clarification which he receives earlier than 7 days prior to the deadline for the submission of Bids. Written copies of the Employers response (including the query but without identifying the source of the inquiry) shall be sent to all prospective Bidders who have purchased the Bid documents.

7. Amendment of Bid Documents

7.1 At any time prior to the deadline for submission of Bids the Employer may, for any reason, whether at his own initiative or in response to a clarification requested by a prospective Bidder, modify the Bid documents by issuing Addenda.

7.2 Any Addendum shall be notified in writing or by cable, email or facsimile to all prospective Bidders who have purchased the Bid documents and shall be binding upon them.

7.3 If during the period of Biding, any circular letters (Bid notices) shall be issued to Bidders by, or on behalf of, the Employer setting forth the interpretation to be placed on a part of the Bid documents or to make any change in them, such circular letters shall form part of the Bid documents and it shall be assumed that the Bidder must promptly acknowledge any circular letters he may receive.

7.4 In order to allow prospective Bidders reasonable time in which to take the Addendum into account in preparing their Bids, the employer may, at his discretion, extend the deadline for the submission of Bids.

8. Language of Bid

8.1The Bid and all correspondence and documents relating to the Bid exchanged between the Bidder and the Employer shall be written in the English language. Supporting documents and printed literature furnished by the Bidder with the Bid may be in another language provided they are accompanied by an appropriate translation of pertinent passages in the above stated language. For the purpose of interpretation of the Bid, the English language shall prevail.

9. Documents comprising the Bid

.a The Bid to be prepared by the Bidder shall comprise: the form of Bid and Appendix thereto, a Bid Surety, the priced Bills of Quantities and Schedules, the information statement on eligibility and qualification, and any other materials required to be completed and submitted in accordance with the Instructions to Bidders embodied in these Bid Documents. The forms, Bills of quantities and Schedules provided in the Bid Documents shall be used without exception (subject to extensions of the schedules in the same format and to the provisions of clause 13.2 regarding the alternative forms (Bid surety).

.b The Bidder shall be required to attach all copies of documents stipulated in the invitation to bid.

10. Bid Prices

10.1 All the insertions made by the Bidder shall be made in INK and the Bidders shall clearly form the figured. The relevant space in the form of Bid and Bills of quantities shall be completed accordingly) without interlineations or erasures except those necessary to correct errors made by the Bidder in which case the erasures and interlineations shall be initialed by the person or persons signing the Bid.

10.2 A price or rate shall be inserted by the Bidder for every item in the Bills of Quantities whether the quantities are stated or not. Items against which no rated or price is entered by the Bidder shall not be paid for by the employer when executed and shall be deemed covered by the rates for other items and prices in the Bills of Quantities.

The prices and unit rates in the Bills of Quantities are to be the full (all-inclusive) value of the work described under the items, including all costs and expenses which may be necessary and all general risks, liabilities and obligations set forth or implied in the documents on which the Bid is based. All duties and taxes and other levies payable by the contractor employee under the contract of for any other cause to the Government shall be included in the rates and prices and the total Bid prices submitted by the Bidder.

Each price or unit rate inserted in the Bills of Quantities shall be realistic estimate for completing the activity or activities described under that particular item and Bidders are advised against inserting prices or rates against any item contrary to this instruction.

Every rate entered in the Bills of Quantities, whether or not such rate is associated with a quantity, shall form part of the Contract. The Employer shall have the right to call for any item of work to be paid for at the rate entered by the Bidder and it is the intention of the Employer to take full advantage of unbalanced low rates.

10.3 Unless otherwise specified the Bidder must enter the amounts representing 10% of the sub-total of the summary of the Bills of Quantities for contingencies and variation of Prices (V.O.P) payments in the summary sheet and add them to the sub-total to arrive at the Bid amount.

10.4 The Bidder shall furnish with his Bid written confirmation from his suppliers or manufacturers of unit rates for the supply of items listed in the conditions of contract Clause 47 where appropriate.

10.5 The rates and prices quoted by the Bidder are subject to adjustment during the performance of the Contract only in accordance with the provisions of the conditions of contract. The Bidder shall complete the schedule of basic rates and shall submit with his Bid such other supporting information as required under clause 47 of the Conditions of Contract part 11.

11.

Currencies of Bid and Payment

11.1 Bids shall be priced in Kenya Shillings and the Bid sum shall be in Kenya shillings.

11.2 Bidders are required to indicate in the Statement of Foreign Currency Requirements, which forms part of the Bid, the foreign currency required by them. Such currency of the country of the Bidders expenditure under the contract is expected to be in countries other than his country of origin, and then he may state a corresponding portion of the contract price in the currency of those other countries. However, the foreign currency element is to be limited to two (2) different currencies and a maximum of 30% (thirty percent) of the contract Price.

11.3 The rate of exchange used for pricing the Bid shall be mean selling rate or rates of the Central Bank ruling on the date of bid opening.

11.4 Bidders must enclose with their Bids, a brief justification of the foreign currency requirements stated in their Bids.

12.

Bid Validity

12.1 The Bid shall remain valid and open for acceptance for a period of one hundred and twenty (120) days from the specified date of Bid opening

12.2 In exceptional circumstances prior to expiry of the original Bid validity period, the Employer may request the Bidder for a specified extension of the period of validity. The request and the responses thereto shall be made in writing. A Bidder may refuse without forfeiting his Bid surety. A Bidder agreeing to the request shall not be required nor permitted to modify his Bid, but shall be required to extend the validity of his Bid Surety correspondingly.

13.

Bid Surety

13.1 All bids shall be accompanied by a bid security of not less than Kshs 200,000/=

13.2 The unconditional Bid Surety shall be in Kenya Shillings and be in form of a Bankers cheque, a bank draft, an irrevocable letter of credit or a guarantee from a bank

13.3 Any Bid not accompanied by an acceptable Bid Surety shall be rejected by the Employer as non-responsive.

13.4 The Bid Sureties of unsuccessful Bidders shall be returned as promptly as possible as but not later than twenty thirty-(30) days after concluding the contract execution and after a performance Security has been furnished by the successful Bidder. The Bid Surety of the successful Bidder shall be returned upon the Bidder executing the Contract and furnishing the required Performance Security.

13.5 The Bid Surety may be forfeited:

a) If a Bidder withdraws his Bid during the period of Bid validity: or

b) In the case of a successful Bidder, if he fails

(i) to sign the Agreement,

or

(ii) To furnish the necessary Performance Security

c) If a bidder does not accept the correction of his Bid price pursuant to requirements of this bid.

14.

No alternative Offers

14.1The Bidder shall submit an offer which complies fully with the requirements of the Bid documents. Only one Bid may be submitted by each Bidder either by himself or as partner in a joint venture. Alternative bins will not be entertained.

14.2 The Bidder shall not attach any conditions of his own to his Bid. The Bid price must be based on the Bid documents. The Bidder is not required to present alternative construction options and he shall use without exception, the Bills of quantities as provided, with the amendments as notified in Bid notices, if any, for the calculation of his Bid price.

15.

Pre-Bid Meeting

15.1 There shall be no pre-Bid meeting. Any clarification may be channeled to the County Secretary or his representative. Such clarification must be in accordance with clause 6.

16.Format and signing of Bids

16.1The Bidder shall prepare his Bid as outlined in clause 9 above and mark appropriately one set ORIGINAL and the other COPY

16.2 The copy of the Bid and Bills of quantities shall be typed or written in indelible ink and shall be signed by a person or persons duly authorized to sign on behalf of the Bidder. Proof of authorization shall be furnished in the form of the written power of attorney which shall accompany the Bid. All pages of the Bid where amendments have been made shall be initialed by the person or persons signing the Bid.

16.3 The complete Bid shall be without alterations, interlineations or erasures, except as necessary to correct errors made by the Bidder, in which case such corrections shall be initialed by the person of persons signing the Bid.

17.Sealing and Marking of Bids

171 The Bidder shall seal the original and copy of the Bid in separated envelopes, duly marking the envelopes as ORIGINAL and COPY, the envelopes, shall be sealed in an outer envelope.

17.2The inner and outer envelopes shall be addressed to the employer at the address stated in the Appendix to Instruction to Bidder and bear the name and identification of the Contract stated in the said Appendix with a warning not to open before the date and time for opening of Bids stated in the said Appendix.

17.3The inner envelopes shall each indicate the name and address of the Bidder to enable the Bid to be returned unopened in case it is declared late, while the outer envelope shall bear no mark indicting the identity of the Bidder.

17.4If the outer envelope is not sealed and marked as instructed above, the Employer shall assume no responsibility for the misplacement or premature opening of the Bid. A Bid opened prematurely for this cause shall be rejected by the Employer and returned to the Bidder.

18.Deadline for Submission of Bids

18.1 Bids must be received by the Employer at the address specified in the invitation to bid and on the date and time specified in the letter of Invitation. Bids delivered by hand must be placed in the Tender Box provided in the office of the employer at City Hall Annex on the first floor in Supply Chain Office or as advised by Head of Supply Chain Management.

18.2 The Employer may, at his discretion, extend the deadline for the submission of Bids through the issue of an Addendum in accordance with clause 7, in which case all rights and obligations of the Employer and the Bidders previously subject to the original deadline shall thereafter be subject to the new deadline as extended.

18.3 Any Bid received by the Employer after the prescribed deadline for submission of Bid shall be returned unopened to the Bidder.

19.

Modification and Withdrawal of Bids

19.1 The Bidder may modify or withdraw his Bid after Bid submission, provided that written notice of the modification or withdrawal is received by the Employer prior to prescribe deadline for submission of Bids.

19.2 The Bidders modification or withdrawal notice shall be prepared, sealed, marked and dispatched in accordance with the provisions for additionally marked MODIFICATION or WITHDRAWAL as appropriate.

19.3 No Bid may be modified subsequent to the deadline for submission of Bids.

19.4 No Bid may be withdrawn in the interval between the deadline for submission of Bids and the period of Bid validity specified on the Bid form. Withdrawal of a Bid during this interval shall result in the forfeiture of the Bid surety.

19.5 Subsequent to the expiration of the period of Bid validity prescribed by the Employer, and the Bidder having not been notified by the employer of the award of the contract or the Bidder does not intend to conform with the request of the Employer to extend the prior of Bid validity, the Bidder may withdraw his Bid without risk of forfeiture of the Bid surety.

20.

Bid Opening

20.1 The Employer shall open the Bids in the presence of the Bidders representatives who choose to attend at the time and location indicated in the Letter of Invitation to Bid. The Bidders representatives who are present shall sign a register evidencing their attendance.

20.2 Bids, for which an acceptable notice of withdrawal has been submitted, shall not be opened. At the Bid opening, the Employer shall announce the Bidders names, total Bid price, Bid price modifications and Bid withdrawals, if any, the presence of the requisite Bid surety and such other details as the Employer, at his discretion, may consider appropriate. No Bid shall be rejected at the Bid opening except for late Bids.

20.3 The Employer shall prepare minutes of the Bid opening including the information disclosed to those present.

20.4 Bids not opened and read out at Bid opening shall not be considered further for evaluation, irrespective of the circumstances.

20.6 After the public opening of Bids, information relating to the examination, clarification, evaluation and comparisons of Bids and recommendations concerning the award of Contract shall not be disclosed to Bidders or other persons not officially concerned with such process unless the award of Contract is announced.

20.7

Any effort by a Bidder to influence the Employer in the process of

examination, evaluation and comparison of Bids and decisions concerning

award of contract may result in the rejection of the Bidders Bid.

21.

Clarification Bids

21.1 To assist in the examination, evaluation and comparison if Bids, the Employer may ask Bidders individually for clarification of their Bids, including breakdown of unit prices. The request for clarification and the response shall be in writing or by cable, facsimile or e-mail, but no change in the price or substance of the Bids shall be sought, offered or permitted except as required to confirm the correction of arithmetical errors discovered by the employer during the evaluation of the Bids.

21.2 NO bidder shall contact the Employer on any matter relating to this Bid from the time of the Bid opening to the time the contract is awarded. If the Bidder wishes to bring additional information to the notice of the Employer, he shall do so in writing.

22.

Determination of Responsiveness

22.1 Prior to the detailed evaluation of Bids, the Employer shall determine whether each Bid is substantially responsive to the requirements of the Bid documents.

22.2 For the purpose of this clause, a substantially responsive Bid is one with documents without material deviation or reservation and has a valid bank guarantee for the Bid. A material deviation or reservation is one which affects in any substantial way the scope, quality, completion timing or administration of the works to be undertaken by the Bidder under the Contract and the rectification of which would affect unfairly the competitive position of other Bidders who have presented substantially responsive Bids.

22.3 Each price or unit rate inserted in the Bills of Quantities shall be a realistic estimate of the cost of completing the works described under the particular item including allowance for overheads, profits and the like. Shall a Bid be seriously unbalanced in relation to the Employers estimate of the works to be performed under any item or groups of items, the Bid shall be deemed not responsive.

22.4 A Bid determined to be not substantially responsive shall be rejected by the Employer and may not subsequently be made responsive by the Bidder by correction of the non-conforming deviation or reservation.

23.

Correction of Errors

Bids determined to be substantially responsive and shall be checked by the employer for any arithmetic errors in the computation and summations. Errors shall be corrected by the Employer as follows:-

a) Where there is discrepancy between the amount in figures and the amount in words, the amount in words shall be given.

b) Where there is discrepancy between the unit rate and the line, item total resulting from multiplying the unit rate by the quantity, the unit rate as quoted shall prevail, unless in the opinion of the Employer, there is obvious typographical error, in which case adjustments shall be made to the entry containing that error.

c) The amount stated in the Bid shall be adjusted in accordance with the above procedure for the correction of errors and, with concurrence of the Bidder, shall be considered as binding upon the Bidder. If the Bidder does not accept the corrected amount, the Bid may be rejected may be forfeited.

d) In all the corrections stated above, the award shall be based on the corrected figure.

24.Conversion-to Single Currency

24.1 For compensation of Bids, the Bid price shall first be broken down into the respective amounts payable in various currencies by using the selling rate or rates of the Central Bank of Kenya ruling on the date fifteen (15) days before the final date for the submission of Bids.

24.2 The Employer shall convert the amounts in various currencies in which Bid is payable (excluding provisional sums but including Day works where priced competitively) to Kenya shillings at the selling rates.

25.

Evaluation and Comparison of Bids

25.1 The Employer shall evaluate only Bids determined to be substantially responsive to the requirements of the Bid documents.

25.2 In evaluating Bid, the employer shall determine for each Bid, the evaluated Bid price and adjust the Bid price as follows:

a. Making any correction for errors pursuant to clause 18.

b. Excluding Provisional sums and provision, if any, for contingencies in the Bills of quantities, but including Day works where priced competitively.

25.3 The employer reserves the right to accept any variation, deviation or alternative offer. Variations, deviations, alternative offers and other factors which are in excess of the requirements of the Bid documents or otherwise result in the accrual of unsolicited benefits to the Employer, shall not be taken into account in Bid evaluation.

25.4 Price adjustment provisions in the conditions of contract applied over the period of execution of the contract shall not be taken into account in Bid evaluation.

25.5 If the lowest evaluated Bid is seriously unbalanced or front loaded in relation to the Employers estimate of the items of work to be performed under the Contract, the Employer may require the Bidder to produce detailed price analyses for any or all items of the Bills of Quantities, to demonstrate the relationship between those prices, proposed construction methods and schedules. After evaluation of the price analyses, the Employer may require that the amount of the performance Security be increased at the expense of the successful Bidder to a level sufficient to protect the Employer against financial loss in the event of subsequent default of the successful Bidder under the contract.

26.

Award

26.1 Subject to clause: 21.2, the Employer shall award the Contract to the Bidder whose Bid is determined to be substantially responsive to the: Bid documents and who has offered the lowest evaluated Bid price subject to possessing the capability and resources to effectively carry out the Contract Works.

26.2 The Employer reserves the right to accept or reject any Bid, and to annul the Biding process and reject all Bids, at any time prior to award of contract, without thereby incurring any liability to the affected Bidders or any obligation to inform the affected Bidders of the grounds for the employers action.

27.

Notification of Award

27.1 Prior to the expiration of the period of Bid validity prescribed by the employer, the Employer shall notify the successful Bidder by cable, tele-fax or e-mail and confirmed in writing by registered letter that his Bid has been accepted. This letter (hereinafter and in all contract documents called Letter of acceptance shall name the sum (hereinafter and all in all documents called the contract Price) which the Employer shall pay to the Contractor in consideration of the execution and completion of the works as prescribed by the Contract.

27.2 Notification of award shall constitute the formation of the contract.

27.3 Upon furnishing of a performance security by the successful Bidder, the unsuccessful Bidders shall promptly be notified that their Bids have been unsuccessful.

27.4 Within fourteen (14) days of receipt of the form of contract Agreement from the Employer, the successful Bidders shall sign the form and return it to the Employer together with the required Performance Security.

28.

Performance Guarantee

28.1 Within fourteen (14) days of receipt of the notification of award from the Employer, the successful Bidder shall furnish the Employer with a Performance Security in an amount stated in the Appendix to Instructions to Bidders.

28.2 The Performance security to be provided by the successful Bidder shall be a unconditional bank guarantee issued at the Bidders option by an established and a reputable bank approved by the employer and located in the Republic of Kenya and shall be divided into two elements namely, a performance security payable in foreign currencies and a performance security payable in Kenya shillings. The value of the two securities shall be in the same proportions of foreign and local currencies as requested in the form of foreign currency requirements.

28.3 Failure of the successful Bidder to lodge the required Performance Security shall constitute a breach of Contract and sufficient grounds for the annulment of the award and forfeiture of the Bid Security and any other remedy under the Contract and the Employer may award the Contract the next ranked Bidder.

29.

Payment Certificates and Final Account

29.1The Contractor shall be paid after each of the following stages of Work listed here below (subject to re-measurement by the Employers

Representative of the Work done in each stage before payment is made). In case of lump-sum Contracts, the valuation for each stage shall be based on the quantities so obtained in the re-measurement and the rates in the Schedule of Rates.

(i) Advance payment; No advance payment will be made.

(ii) First stage; First stage payment will be made on provision of the general and preliminary items.

(iii) Subsequent payments will be made on the basis of work done and certificates will not be considered if less than Kes Five hundred thousand each.

(iv) All payment certificates will be subject to a 10% retention.5% will be released on project completion and the completion certificate issued by the employer while the remaining 5% will be payable after defects liability period.

APPENDIX TO INSTRUCTIONS TO TENDERERS

Notes on the Appendix to Instructions to Tenderers

The following appendix to instructions to tenderers shall complement or amend the provisions of the instructions to tenderers (Section II). Wherever there is a conflict between the provisions of the instructions to tenderers and the provisions of the appendix, the provisions of the appendix herein shall prevail over those of the instructions to tenderers.

CLAUSE

13Tender Security

Amount of Tender Security is Kshs 100,000.

16(i)The name and address of the Employer for the purposes of

submission of tenders is Nairobi City County

P.O. BOX 30075 00100 NAIROBI

(ii)The name of the proposed Works and where available the Contract Number is NCC/WENR/T/431/2015-/2016 - Construction of Water Kiosks in Mutuini Ward

(iii)The tender opening date and time 12.00 noon day, date, 2016.

28 Performance Guarantee

The amount of Performance Security is 10% of the contract price.

Evaluation Criteria:

The eligible Contractors MUST meet the following Mandatory criteria to be considered responsive:

Preliminary EVALUATION (All Are Mandatory)

i. Bidders shall prepare and submit two copies (marked clearly ORIGINAL BID and COPY BID.

ii. Offered Eligibility statement on bidders letterhead indicating that the bidder is eligible for the assignment and has not been debarred for any procurement within the last five years

iii. Offered Valid Bid Security from Bank for Kes. 200,000/= Bid Security Valid for 120 Days from date of Bid Opening

iv. Attach Copy of Current Valid Tax Compliance Certificate(Certified by commissioner of oath)

v. Attach Copy of valid VAT Certificate(Certified by commissioner of oath)

vi. Attach Copy of valid PIN Certificate(Certified by commissioner of oath)

i. Show proof of Compliance to ETR

ii. Attach Copy of Current Valid Certificate of Compliance to N.H.I.F

iii. Attach Copy of Current Valid Certificate of Compliance to N.S.S.F.

iv. Form of Tender duly completed, signed, stamped and witnessed. Appendix to Form of Tender shall also be dully completed.

v. BOQ duly completed (Bidders are advised to fill on the provided BOQ as a Mandatory requirement for Uniformity during Evaluation)

vi. All alterations if Any countersigned by the bidder

vii. Confidential Business Questionnaire duly filled

viii. Attach Copy of Valid Certificate of Incorporation/Registration.

ix. Attach audited financial accounts for the last two years.

x. Details of any past or current litigation or arbitration proceedings in which the Bidder is/was involved as one of the parties.

xi. Submit written Power of Attorney on Bidders Letter head

xii. Must attend the Mandatory Site visit

xiii. Bidders MUST Stamp every printed /written Page of their submitted bid document with Official rubber Stamp for Ownership.

A firm lacking in any of the above details shall be dropped at this stage and shall not be progressed to the Technical Evaluation stage.

Technical evaluation

1. Experience in works of a similar nature for at least one of the last five years, and clients (List and contacts) who may be contacted for further information on these contracts. (Have undertaken similar assignments in value and nature in the last five years. Evidence of this, e.g. testimonial letters or copies of orders from such authority, shall be submitted)

2. Evidence of items of construction equipment owned or to be leased. (Schedule of relevant Machines).

3. Qualifications and experience of key site management and technical personnel proposed for the Contract; indicating their qualification and experiences. Attach CVs and certificates

Site Manager Minimum Diploma in Building & Construction/ Civil Engineering or equivalent and five years experience.

Sociologist Minimum Diploma in Sociology or related studies and at least one year experience especially in informal settlement(Attach CVs and certificates)

4. Be a registered Contractor Category NCA6 or above issued by the National Construction Authority (NCA) and copy of the registration certificate must be submitted with this bid.

5. Must indicate Completion period of this assignment

6. Submit a draft program of works in the form of a Gantt chart (bar chart) and schedule of payment which shall form part of the contract if the bid is accepted. Any change in the program or schedule shall be subjected to the approval of the Engineer.

N/B: Only bidders meeting all the above shall proceed to Financial Evaluation.

Financial Evaluation

The lowest Evaluated bidder shall be awarded the contract.

SECTION IV SPECIFICATIONS, DRAWINGS AND BILLS OF QUANTITIES / SCHEDULE OF RATES

TABLE OF CONTENTS

STANDARD TECHNICAL SPECIFICATIONS

1

GENERAL SPECIFICATIONS

1.1Introduction

1.2Extent of Contract

1.3Precedence of Contract Documents

1.4Standards

1.5Quality of Materials and Workmanship

1.6Trade Names

1.7Samples

1.8Testing

1.9Programme for Execution of works

1.10Substantial (Practical Completion)

1.11Nominated Sub-contractors and Nominated Suppliers

1.12Entry upon Land, working site and adjoining lands

1.13Preservation of survey beacons

1.14Land for camp sites

1.15Existing Services

1.16Damage to services

1.17Temporary Roads and traffic control

1.18Road closure

1.19Road & Railway crossing and traffic control

1.20Protection from water

1.21Weather Conditions

1.22Protection from weather

1.23Explosives and blasting

1.24Liaison with Police

1.25Provision of water

1.26Temporary lighting and power

1.27Sanitation

1.28Medical facilities

1.29Signboards

1.30Setting out and survey equipment

1.31Backfilling of Holes and Trenches

1.32Inspection of works

1.33Testing of Water-Retaining structures

1.34Testing of Roofs

1.35Cleaning and sterilization of water-retaining structure

1.36Contractor's Superintendence

1.37Normal Working Hours

1.38Compliance with statutes and Local Regulations

1.39Accommodation for workmen

1.40Storage Spaces and sheds

1.41Office for Contractor

1.42Office for Project Manager's Representative

1.43Telephone

1.44Housing for Project Managers site staff

1.45Maintenance of Project Managers site staff housing, furniture and Equipment

1.46Attendance upon Project Manager Site staff

1.47Insurance

1.48Transports for Project Manager's Representative

1.49Removal of Camps

1.50Site Meetings

2.0SITE CLEARANCE

2.1Clearance of Trees, Bushes

2.2Damage to lands

2.3Clearing the site on completion

3.0EARTHWORKS

3.1General

3.2Classification of Excavations

3.3Stripping of Top soil

3.4Excavation in open cut

3.5Borrow Pits

3.6Hardcore Filling

3.7Earth Filling

3.8Grass Planting and Topsoil

3.9Anti-Proofing

4.0CONCRETE WORKS

4.1General

4.2Materials and tests

4.3Pre-cast concrete Units

4.4Workmanship

5.0BUILDERS WORK

5.1Concrete Block walling

5.2Plasterwork and other floor wall and ceiling finishes

5.3Carpentry and joinery

5.4Roofing

5.5Steelwork

5.6Ironmongery and other fittings

5.7Glazing

5.8Painting, Decorating and other surface treatment

6.0PIPEWORK

6.1Materials

6.2Handling and storing materials

6.3Excavation of trenches

6.4Laying and jointing

6.5Concrete manholes and plot chambers

6.6Testing

6.7Refilling of Trenches

7.0PLUMBING AND DRAINAGE

7.1General

7.2Plumbing

8.0ROAD WORKS AND FOOTPATHS

8.1General

8.2Roads and paved areas

8.3Fencing

STANDARD TECHNICAL SPECIFICATIONS

1GENERAL SPECIFICATIONS

1.1Introduction

These specifications cover the construction of the works as shown on the drawings and listed in the Bills of Quantities and shall be read in conjunction with GCC and SCC

All references given are intended solely for the convenience of those using the above clauses in the documents, which may, in the opinion of the Project Manager have any bearing on the point in question.

1.3Precedence of Contract Documents

Should the provisions of any clauses of any or all of the Contract Document to be shown to be mutually at variance or exclusive, the following order of precedence shall be applied in order to establish which of the said provisions, mutually at variance or exclusive, shall be deemed to be true and correct intent of the contract entered into by Employer, and the contractor shall forthwith be absolved from any liability under the provisions not so proved to be the true and correct intent of the contact, provided that in the execution of the contract the contractor has, or shall have complied with such true and correct intent.

(i) Provision of the Standard or Special Specifications shall take precedence over those of the General Conditions of Contract.

(ii) Provision of Bill of Quantities shall take precedence over the standard specifications unless otherwise indicated.

(iii) Details shown or noted on the contract drawings shall take precedence over the requirements of both the standard and Bills of Quantities

(iv) Detail drawing shall take precedence over General Drawings.

(v) Within the Standard Specifications, the provisions of any section particular to the provisions at variance shall take precedence over the general section, and within any section clauses particular to the provisions at variance shall take precedence over those not so particular. The foregoing order of precedence shall apply also to sections and clauses of the special specifications.

(vi) Where there is conflict in Units of measurement quoted in standard specifications and Units quoted in Bills of Quantities the Units in latter will apply.

Notwithstanding any fore written provisions, should the application of the foregoing order of precedence fail to resolve any variance or mutual exclusions as to the true and correct intent of the contract to the satisfaction of the Project Manager, the Project Manager may exercise the right to arbitrarily give a ruling as to the true and correct intention of the contract, and the contractor shall have the right to claim additional payment for any additional expense incurred by him as a consequence of such variance or exclusion and arbitrary ruling.

1.4Standards

In the specifications, Bills of Quantities, and Drawings reference has been made to relevant British Standard Specifications and Codes of Practice- to which the materials and workmanship should comply with. However, the materials and workmanship complying with equivalent Kenya Bureau of Standards (K.B.S) or International Standards Organisation (I.S.O.) Standard for that particular material or workmanship will also be acceptable.

Mixture of different standards in one trade will not be allowed. For instance, if pipes are to be provided to I.S.O Standard, then all the pipes in the works are to be to I.S.O. Standard.

Where the dimension in one standard does not completely correspond to the dimensions of the other standard, which is being used for construction of works, ruling of the Project Manager will be sought and any decision given by the Project Manager will be final and binding upon the contractor.

1.5Quality of Materials and Workmanship

The materials and workmanship shall be of the best of their respective kinds and shall be to the approval of the Project Manager. In reading of these specifications, the words to the approval of the Project Manager" shall be deemed to be included in the description of all materials incorporated in the works, whether manufactured or natural, and in the description of all operations for the due execution of the works.

No materials of any description shall be used without prior approval by the Project Manager and any condemned as unfit for use in the works shall be removed immediately from the site, and without recompense to, the contractor. All works or parts thereof shall be in accordance with the latest edition of either Kenya Bureau of Standards (K.B.S.) specification or British Standard (B.S.) specifications and British Codes of Practice (C.P.) as published by British Standards Institution.

All materials shall be of approved manufacture and origin and the best quality of their respective kind, equal to sample and delivered on to the site a sufficient period before they are required to be used in the works to enable the Project Manager to take such samples as he may require for testing or approval, and the contractor shall furnish any information required by the Project Manager as to the quality, weight, strength, description, etc. of the materials. No materials of any description shall be used without prior approval by the Project Manager and any condemned as unfit for use in the works shall be removed immediately from the site by, and without recompense to, the contractor.

1.6Trade Names

Trade Names and Catalogue Reference are given solely as the guide to the quality and alternative manufacturers of the materials or goods of equivalent quality will be accepted at the discretion of the Project Manager.

1.7Samples

Samples of all materials shall be deposited with the Project Manager and approved prior to ordering or delivery to site. The Project Manager reserves his right to test any sample to destruction and retain samples until the end of the maintenance period. No payment will be made for samples and the contractor must in the rates of prices allow for costs of samples. All materials delivered to site shall be equal or better in all respect than the samples delivered to the Project Manager.

All sampling of materials on the site must be done by or in the presence of the Project Manager. All other samples will be deemed not to be valid under the contract.

All materials delivered to the site or intended for the works not equal or better than the samples approved by the Project Manager shall be removed and replaced at the contractor's expense.

1.8Testing

As provided in clause 34 of the GCC and in accordance with the specification quoted for any material used on works of this contract, tests may be called upon by the Project Manager to be carried out at the place of manufacture or on the site. The contractor may assume that the tests will be required on soils, workmanship, and materials whether natural or manufactured to verify their compliance with the specifications. Samples of all such materials and manufactured articles together with all necessary labour, materials, plant and apparatus for sampling and for carrying out of the tests shall be supplied by the contractor at his own expense.

1.9Programmes for the Execution of Works

(i)In accordance with clause 27 of GCC and as stated in the SCC, the contractor upon receiving Project Manager's order to commence shall within 28 days draw up a working programme setting out order in which the works are to be carried out with appropriate dates thereof together with delivery dates for materials. The contractor shall together with his work programme supply an expenditure chart showing monthly anticipated expenditure.

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

(iii)The order in which it is proposed to execute the permanent works shall be subject to adjustment and approval by the Project Manager, and contractor's price shall be held to include for any reasonable and necessary adjustment required by the Project Manager during the course of the works.

(iv)The contractor shall carry out the contract in accordance with the programme agreed with the Project Manager, but he shall in no manner be relieved by the Project Managers approval of the programme of his obligations to complete the works in the prescribed order and by the prescribed completion date and he shall from time to time review his progress and make such amendments to his rate or executions of the works as may be necessary to fulfil these obligations.

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

(vi)The contractor shall furnish the Project Manager with a monthly statement of all works done on the contract and of all materials on site.

1.10Substantial (Practical) Completion

Substantial or Practical Completion of works is to be understood as a state of completion, which leaves out only minor outstanding items that can be readily completed within a period of less than one month without interfering with the normal operation of the works.

The works will not be considered as substantially or practically completed without the works being capable of being used by the Employer in accordance with the purpose of the works. This means amongst other things, that all final tests have been carried out, the pumping stations and treatment plant fully operational to the required capacity, all storage tanks filled up, operation manuals provided, and clearance of the site upon completion of the works has been carried out, all to the satisfaction of the Project Manager.

The contractor shall allow for a period of one month for the completion by others of as built drawings before the works are handed over to the Employer.

1.11Nominated Sub-contractors and Nominated suppliers

The contractor shall be responsible for Nominated Sub-contractor in every respect. In particular, it shall be the Contractor's responsibility to ensure that each sub-contractor commences and completes the work in a manner so as to conform to the working programme, as specified above.

It is also the responsibility of the contractor to ensure a satisfactory progress of the works and to ensure that the works are completed to a standard satisfactory to the Project Manager.

The contractor shall accept liability for and bear the cost of General and Specific Attendance on Nominated Sub-contractors which shall be deemed to include for:-

(i)Allowing the use of standing scaffolding, providing special scaffolding, maintenance and alteration of all scaffolding, retention of all scaffolding until such time as all relevant Sub-contractor's works are complete and removal of all scaffolding on completion.

(ii)Providing equipment and labour for unloading and hoisting sub-contractor's materials.

(iii)Providing space for office accommodation, and for storage of plant and materials; allowing use of sanitary accommodation; the supply of all necessary water, power, lighting and watching and clearing away all rubbish.

Cutting away for and making good after the work of sub-contractors as may be required will be measured and valued separately in the Bills of Quantities.

Before placing any orders with nominated sub-contractors or nominated suppliers, the contractor should enter into an agreement with the nominated sub-contractor/nominated suppliers to ensure that the conditions and delivery of materials to site comply with the conditions of contract and the working programme.

Particular clause should be inserted in the agreement with the nominated supplies ensuring the validity of the rates for the supply of materials as per the delivery schedule.

Nominated suppliers who are unable to meet the delivery schedule will not be given allowance for any increases in prices incurred after the delivery time agreed in the delivery schedule.

1.12Entry upon Land, Working site and Adjoining Lands

The employer shall provide land, right of ways and way leaves for the works specified in the contract.

If nothing else is mentioned, the contractor will be allotted for execution of the works only the actual area as necessary for the extent of the construction.

The contractor shall give notice to the Project Manager at least 30 days before he wishes to enter onto the land required to carry out the contract.

The contractor shall not enter onto any land or commence any operations until such time as he receives formal confirmation from the Project Manager that all necessary compensation formalities have been completed and that permission has been obtained from the landowner to enter the land and commence operations. Should the contractor enter onto land or commence operations without first obtaining this confirmation, he shall be liable in whole or in part, at the sole discretion of the Project Manager, for all additional costs and/or legal charges which might arise therefore.

The contractor shall on his own accord obtain rights of admission, and rights of using all other areas which are necessary for storing and manufacturing or for setting up site offices and Project Manager's site office or whatsoever will be necessary.

No separate payment will be made to the contractor on account of these items and the contractor must make due allowance for them in his rates.

The contractor shall take care to prevent injury, damage and trespass on lands, fences and other properties near and adjacent to the works and must in this connection make all necessary arrangements with adjoining landowners, or into the case of Government property with officers appointed for this purpose, and ensure the workmen's observance of all Government rules and ordinances regarding game protection and other matters and provide, maintain and clear away on completion of the works, all temporary fencing which may be required for execution of the works.

Before completion of the works, the contractor must make good or compensate any such injury, damage or trespass on lands, fences and other properties which have no otherwise been provided for in the contract

1.13 Preservation of Survey Beacons

Ordinance Survey Beacons, Bench marks, etc., or around the site of the works shall not be disturbed unless permission has been obtained by the Project Manager from the Survey of Kenya.

In the event of unauthorised disturbance of such beacons, bench marks, etc., in the course of the works being carried out, the contractor shall be responsible for reporting same to the Project Manager and the Survey of Kenya and for payment of any fees due to said Survey of Kenya for replacement of such disturbed beacons, bench marks, etc. The contractor shall not replace such disturbed beacons bench marks, etc. on his own accord.

1.14Land for Camp Sites

The employer shall make available free of charge to the contractor all land on under or through which the works other than Temporary works are to be executed or carried out all as indicated onto the drawings or as detailed in the specifications. Such land shall exclude land for Project Manager's site offices and the land required by the contractor for his own camps, offices, houses, temporary works or any other purpose.

1.15Existing Services

Drains, pipes, cables and similar services encountered in the course of the works shall be guarded from damage by the contractor at his own costs to safeguard a continued uninterrupted use to the satisfaction of the owners thereof, and the contractor shall not store materials otherwise occupy any part of the site in a manner likely to hinder the operation of such services.

The contractor shall on the Project Manager's direction arrange for the construction of permanent or temporary diversions of the said drains etc., together with their reinstatement in liaison with the respective departments, bodies, corporations or authorities. No services may be tampered with by the contractor and all works in connection with any kind of services shall be carried out by their respective owners.

It is the responsibility of the contractor to inform the Project Manager immediately any existing service is exposed.

1.16Damage to Services

The contractor shall be held liable for all damage and interference to mains and pipes, to electric cables or lines of any kind either above or below ground caused by him or his sub-contractors in execution of the works, whether such services are located on the contract drawings or not. The contractor must make good or report to the appropriate authorities the same without delay and do any further work considered by the Project Manager or owner. The contractor shall provide for these contingencies in his rates.

1.17Temporary Roads and Traffic

The contractor shall provide and maintain all temporary roads, bridges and other work required for the construction of the works including access to quarries, borrow-pits, accommodation etc.

1.18Road Closure

Where a road used by the contractor for delivery of any materials used in the works is closed under section 71 of the Traffic Ordinance Act 1962 or amendments thereto, the contractor shall obey such closure order and use alternative roads.

1.19Road and Railway Crossing and Traffic Control

Wherever the pipeline is crossing classified roads and railway line, the contractor will contact the relevant authorities in advance and obtain necessary permission to dig across the road and railway-line in accordance with requirements of the authorities concerned and shall pay any royalties connected with this work, and the contractor will provide temporary detour road together with any warning signs necessary. There will be no separate payment for this and cost of all expenses connected with road and railway crossing for which no separate items have been included in the Bills of Quantities.

1.20Protection from Water

Unless otherwise mentioned, the contractor shall keep the whole of the works free from water and allow in his rates for all dams, coffer dams, pumping, pilling, shoring, temporary drains, slumps, etc., necessary for this purpose and shall make good at his own costs all damage caused thereby.

1.21Weather Conditions

The contractor shall be deemed to take into account all possible weather conditions when preparing his Bid and he shall not be entitled for extra payment by the reason of the occurrence or effect of high winds, excessive rainfall, temperature or any other meteorological phenomena.

1.22Protection from Weather

All materials shall be stored on site in a manner approved by the Project Manager's Representative and the contractor shall carefully protect from the weather all works and materials which may be affected thereby.

No separate payment will be made for this and contractor will allow in his rates for this.

1.23Explosives and Blasting

At works requiring the use of explosives, the contractor shall employ men experienced in blasting, and these men must be in possession of a current blasting certificate. The purchase, transport, storage and use of explosives shall be carried out in accordance with the most recent Explosives Ordinance and rules issued by the Government and the contractor shall allow in his rates for excavation and quarrying for all expenses incurred in meeting these requirements, including the provision of suitable stores. Blasting operations shall be carried out with as little interference as possible to traffic or persons and the rates shall include for all flagging, watching, barricades and clearance of debris.

In all cases previous permission from the Project Manager must be obtained before commencing any blasting operation.

If, in the opinion of the Project Manager, blasting would be dangerous to persons or property, or it is carried out in a reckless manner, the Project Manager can prohibit any further use of explosives.

1.24Liaison with Police, etc,

The contractor shall keep himself in close contact with the police, Labour Officers and other officials in the areas concerned regarding their requirements in the control of workmen, passage through townships, or other matters and shall provide all assistance and/or facilities which may be required by such officials in execution of their duties in connection with the works.

1.25Provision of Water

The contractor shall provide water for use in the works. He shall supply all hydrants, hose, cocks, vessels and appliances necessary for the distribution there-of and shall provide pumps, tanks, carts, vessels and appliances, transport and labour when and where-ever it is necessary for water to be carted for use at the works. All water used in connection with the works shall if possible be obtained from a public water supply and the contractor shall make all necessary arrangements and pay all the charges for connections to mains and for water used.

1.26Temporary Lighting and Power

The contractor shall provide 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 clear away on completion. The contractor shall pay all fees and charges and obtain all permits in connection therewith.

1.27Sanitation

The site shall be kept in a clean and proper sanitary condition. No nuisance shall be committed on or around the work, and latrines for the workmen and staff shall be provided in accordance with the requirements of the Medical Officer or Sanitary Authorities. The contractor shall be responsible for the sanitary discipline of his labour.

1.28Medical Facilities

The contractor's attention is drawn to Legal Notice No. 79 of 22nd September, 1978 by which it is mandatory that every contractor employing more than twenty people should appoint (in writing) a safety supervisor. A safety supervisor advices the management on all matters regarding safety, hygiene and welfare of the people affected by the Contractor's undertaking on the site. The safety officer may in addition carry out other duties.

The contractor shall provide adequate first aid equipment on the site, and ensure that at least two of his site staff is competently trained in first aid.

1.29Signboards

The contractor shall erect signboards in prominent positions adjacent to the works to the satisfaction of the Project Manager.

1.30Setting out and Survey Equipment

The contractor must before commencing any construction works, make sure that levels shown on the drawings correspond with levels found on the site.

Should any discrepancy be discovered between the levels shown on the drawings and those found on the site, which may affect the levels and dimensions of any part of the works, the contractor shall notify the Project Manager, who if necessary, will issue drawings showing the amended levels and dimensions.

The Contractor shall allow for in his rates, the cost of the necessary qualified and experienced staff to set out the works and during the continuance of the contract for the sole use of the Project Manager, provide approved new and accurate instruments together with all other requisites, all necessary chairmen and other attendance and transport required for setting out and checking the works or purposes in connection therewith.

The contractor shall clear the site and set out the works well in advance to enable the Project Manager to inspect and approve the setting out prior to commencement of the works.

1.31Backfilling of Holes and Trenches

The contractor shall immediately upon approval of any work at his own expense and to the satisfaction of the Project Manager backfill all holes, trenches and temporary quarries which have been made.

1.32Inspection of Works

The contractor must give due notice in writing to the Project Manager's Representative when any part of the works are ready for inspection.

1.33Testing of Water Retaining Structures

All water retaining structures shall on completion be tested for water tightness in the following manner:-

The structure shall be filled with portable water in stages and held at each stage for such time as the Project Manager may require. Should any dampness or leakage occur at any stage, the water shall be drained off and the defects made good. The procedure shall be continued and finally the structure shall after a period allowed for absorption remain full for seven days. Within those seven days, the level of the structure of the water should be recorded and measurements made at intervals of 24 hours. There shall be no leakage.

If the structure does not satisfy the conditions of the test, and the daily drop in water level is decreasing, the period of test may be extended for a further 7 days, and if the specified limit is then not exceeded, the structure may be considered as satisfactory.

1.34Testing of Roofs

Where structures are used for the storage of portable water, adequate precautions should be taken to ensure that the roof is watertight in order to give protection against a potential source of pollution.

The roof should be tested by lagooning the concrete slab to a minimum depth of 75mm for a period of 3 days, the roof slab should be regarded as satisfactory if no damp patches occur on the soffit. The roof screed should be completed immediately after testing.

1.35Cleaning and Sterilizing Water Retaining Structures

The interior of all potable water retaining structures shall be thoroughly cleaned and washed after the water tightness test has been approved by the Project Manager in order to remove all contaminations.

The structure shall then be filled to overflow level with clean water containing 50 parts per million of chlorine and left for a period of at least 24 hours. The chlorinated water shall then be drained away and the structures refilled with clean water from which samples shall be taken for bacteriological examination and for tests of residual chlorine. If any of the results of the tests are unsatisfactory when compared with those of the control sample of the supply water, the sterilizing process shall be repeated until the results of the tests are satisfactory.

1.36Contractor's Superintendence

The contractor shall give or provide all necessary superintendence during the execution of the works and as long thereafter as the Project Manager may consider necessary for proper fulfilling of the contractors obligations under the contract.

1.37Normal Working Hours

The contractor shall inform the Project Manager in writing, at the time of submitting the work programme, the normal working hours. The contractor shall respect all public holidays. Where the contractor wishes to work outside these hours, he shall request the Project Manager in writing at least 24 hours in advance for consideration.

1.38Compliance with Statutes and Local Regulations

In addition to requirements of the GCC 3.1 and as stated in SCC, the contractor shall be responsible for acquainting himself with all current valid statute ordinance or bye-laws or regulations which may affect the works and shall be deemed to have included these in the rates provided in the Bills of Quantities. This applies to training levy and other similar taxes for which no claim on the part of the contractor other than the one inserted in the bills of quantities will be allowed.

1.39Accommodation for Workmen

The contractor shall if he wishes provide and maintain suitable shelters and mess facilities for his workmen and supervisory staff. The contractor shall throughout the contract provide an adequate supply of potable water for the workmen.

1.40Storage Spaces and sheds

Suitable temporary stores and workshops shall be erected and later removed on completion of the works.

1.41Office for Contractor

The Contractor shall erect or rent an office near the works on a site to be approved by the Project Manager. This office shall be kept open at all hours during which the work is in progress.

Any notice to be given to or served upon the Contractor shall be deemed and taken to be effectively given or served upon by the delivery there-of at such office on the site.

1.42Office for the Project Manager's Representative

The office of the project managers representative shall be current offices at the employers Head Quarters, City Hall Annex, 4th Floor.

1.43Telephones

The Contractor shall arrange to provide 2no. mobile telephones with lines and airtime for the exclusive use of the Project Managers site staff. The telephone shall be provided, at the onset of the Contract.

A provision sum item has been allowed in the Bills of Quantities for the payment of the cost of telephones and airtime.

1.44Housing for the Project Manager's staff

No housing facilities shall be provided for the Project Managers staff

1.46Attendance Upon Project Managers Site Staff

For the duration of the Contract:-

(i)The Contractor shall provide all assistance including labourers, chainmen, clerks and junior staff as and when required by the Project Manager for checking, setting out, surveying measuring or for testing of work. The Contractor shall also provide a full time assistant in Project Manager's site office.

(ii)The Contractor shall provide all tools and protective clothing, wooden pegs, iron pins and pickets, water cement and aggregate for concreting, transport for labourers and materials as may be required by the Project Manager and his site staff for checking, setting out, surveying, measuring or testing of the work.

1.47Insurance

All buildings, furniture and equipment provided by the contractor for the Project Manager's Representative shall be insured by the Contractor against loss or damage by accident, fire, theft and other risks ordinarily insured against for the duration of the Contract. The theft shall include personal belongings of the tenants in the Project Manager's staff houses.

1.48Transports for Project Manager's Representative

The contractor shall bear all costs of transporting the Engineers representative staff from City Hall and from the site as the project manager may direct. The contractor shall provide a suitable road worth vehicle with up to date vehicle's road licenses, comprehensive insurances, safety belts, car identity protection, drivers, maintenance, fuel and lubricants and must keep the vehicles clean and in a good roadworthy condition throughout the contract.

The costs of the above shall be met in item spelt out in the Bills of Quantities. The Contractor shall be solely responsible for safe custody of the vehicle during the construction period and shall provide a driver for the same

1.49Removal of Camps

On the completion of the Contract, the Contractor shall if so requested take down and remove all structures connected with his camp, and shall take up all pipes, drains and culverts, backfill trenches, fill up all latrine pits, soak ways and other sewage disposal excavations and shall restore the site as far as practicable to its origin condition and leave it neat and tidy to the satisfaction of the Project Manager.

1.50Site Meetings, progress review meetings and community mobilization meetings

Site meetings will normally be held monthly. Progress review meetings shall be held weekly and will be as may be notified by the project manager or requested by the representative of Water Services Trust Fund. In attendance will be the Contractors and the Project managers representatives. Representatives of Water Services Trust Fund will be invited but may elect to be represented or not. The minutes of the site meetings shall be availed to both parties whether or not they are represented in the meetings. The views of the latter shall affect the Contract only if the Project Manager deems so. Where at least two review meetings have been successfully held in any calendar month, they shall be collectively deemed to be site meeting for the particular month.

Community mobilization meetings shall be held as the Project manager may notify. Attendance by the Contractors representative, if notified shall be mandatory. Water Services Trust Fund will be invited but may elect to be represented or not.

The Contractor shall at all meetings be represented by a responsible representative other than the Site Agent, who has the powers to commit the contractor in all matters concerning the contract. In the event, no responsible representative of the contractor is present at the meetings; any decision taken by the Project Manager at the meeting will be binding upon the contractor.

2SITE CLEARANCE

2.1Clearance of Trees, Bushes, Scrub, Huts, etc.

The contractor shall unless otherwise directed cut down all trees, remove bushes, plantations, crops and other vegetable growth and grub up all roots, take down all huts, buildings, walls fence and any other obstruction except services mentioned in clause 2.13 and handle and transport salvaged usable materials, to a site approved by the Project Manager. All salvaged and usable materials are the property of the respective owners. The clearing and demolition here-in described shall be carried out to a width of the minimum excavation plus 1.50m on either side.

With exception of the salvaged material fore-mentioned, the contractor shall destroy or otherwise remove the whole of the rubbish from the site to an approved tip or number of tips provided by him.

Trees shall be cut down to as near the ground level as possible and the rates entered in the Bills of Quantities shall include for cutting down, removing branches and foliage, cutting into suitable lengths, grubbing up stumps and roots, stacking up, burning or disposing of as directed.

Before commencing any site clearance, general clearance, clearance of pipelines etc, the contractor shall inform the Project Managers Representative of his intention. The Project Manager's Representative will be visiting the section of works concerned, determine the extent of the clearance expressly required.

2.2Damage to Lands, etc.

Except where necessary for the proper execution of the works, the contractor shall not interfere with any fence, hedge, trees, land or crop forming the boundary of the site, or elsewhere. In the event of any interference, the contractor shall make good any damage to such fence, hedges, tree, land or crop to the satisfaction of the Project Manager and the owner thereof.

Where the work is to be executed in private land, the Employer will be responsible for negotiating and obtaining rights of way and the serving of all notices as may be required upon the owners and/or occupiers of the land and it shall be the obligation of the contractor to keep the Employer and the Project Manager fully informed concerning the rate of progress and of his intention to enter and begin work within any way leave as provided for under the condition of contract and required by this specification.

2.3Clearing the Site on Completion

On completion of the works, the contractor shall clear the site of all plant, building, spoils, dumps, rubbish, etc. and leave the site to the satisfaction of the Project Manager.

Borrow pits and temporary quarries shall be made good and covered with vegetable soil. Dumps for waste material shall be covered with at least 0.5m of soil of which at least a 0.10m layer in top shall be vegetable soil.

3EARTHWORKS

3.1General

Excavation shall be made to such lengths, depths and inclinations as may be necessary for the construction of the works or as shown on the drawings or as the Project Manager may direct.

3.2Classification of Excavation

The Project Manager or his Representative and the Contractor or his Representative shall be present during classification of materials.

Where the terms "rock excavation" and "soft excavation" or "excavation" are used in these specifications, the following definitions shall apply.

3.2.1Rock Excavation

Rock excavation includes all solid rock in place which cannot be removed until loosened by blasting, barring, wedging, and all boulders or detached pieces of solid rock more than 0.25 cubic metres in volume. Solid rock under this class is defined as sound rock of such hardness and texture that it cannot be loosened or broken down by hand- drifting picks.

All materials containing more than 50% by volume of boulders exceeding 0.25 cubic metres in volume shall be classified as rock excavation.

3.2.2Soft Excavation

Common excavation includes all material other than rock excavation: including, but not restricted to earth, gravel, and also such hard and compact material as hardpan, cemented gravel, and soft or disintegrated rock together with all boulders or detached pieces of solid rock not exceeding 0.5 cubic metres in volume.

3.3Stripping of Topsoil

3.3.1Stripping

Stripping shall consist of removing, transporting and disposing of topsoil, stumps, roots, buried logs, debris, humus and similar objectionable matter.

Areas to be stripped are all areas required for the permanent constructional works, borrow-pits and embankment fills.

The limits of stripping shall extend 2 metres beyond the limits of excavation or toes of fills.

The depth of stripping shall normally be 0.2m, but deeper stripping might be needed to remove stumps.

3.3.2Disposal

Materials from stripping suitable as topsoil shall be spread in approved areas. All other non-combustible materials shall be buried in approved disposal area; covered with a minimum of 0.5m of excavation spoil. These disposal areas shall be left with neatly graded surfaces and stable slopes that assure drainage. Alternatively, the non-combustible material shall be removed from the area by the contractor.

3.4Excavation in Open Cut

3.4.1General

All open cut excavation shall be performed in accordance with this section to the lines, grades and dimensions shown on the drawings or as directed by the Project Manager. The Project Manager reserves his right to at any time during the progress of the work to vary the slopes or dimensions of the excavations from those previously specified.

Any damage to the works due to the contractor's operations, including shattering of the material beyond the required excavation lines, shall be repaired at the expense of and by the contractor. All excess excavations and over-excavation shall be filled with compacted concrete grade 10 furnished and placed at the expense of and by the contractor.

All excavation for structure foundations shall be performed in the dry.

If excavations are carried out in roads, footpaths, separators, or within 5m of buildings, the contractor is requested to execute the work in a way that will minimise damage and disturbances.

3.4.2Mechanical Excavation

(a)A mechanical excavator shall be employed only if the sub-soil is suitable and will allow timbering of trenches or other excavations to be kept sufficiently closed up to ensure that no slips fall or disturbance of the ground takes place or there are no pipes, cables, mains or other services or property which may be disturbed or damaged by its use.

(b)When mechanical excavators are used, a sufficient depth of material shall be left over the bottom of the excavation to ensure that the ground at finished excavation level is not damaged or disturbed in any way. The excavations shall then be compacted by hand to the finished levels required.

3.4.3Rock Excavation

The contractor shall trim all rock faces in cuttings according to the dimensions shown on the drawings and upon completion leave them safe from rock falls to the satisfaction of the Project Manager.

3.4.4Foundation for Structures

(a)Common Material

The bottom and side slopes of common material upon or against which concrete is to be placed shall be finished accurately to the established lines and grades, and loose materials on surfaces so prepared shall be moistened with water and tamped or rolled with suitable tools and equipment to form a firm foundation for the concrete structure. If, at any point, material is excavated beyond the established excavation lines, then the over-excavation resulting voids shall be filled with consolidated concrete grade 10 at the contractors expense.

If the excavation is carried out in advance, a protective layer of 150mm thickness shall be left above the foundation level until immediately before