KENYA ELECTRICITY GENERATING COMPANY LIMITED

Transcription

1 KENYA ELECTRICITY GENERATING COMPANY LIMITED KGN-GDD TENDER FOR PROVISION OF CIVIL WORKS SERVICES FOR GEOTHERMAL DIVISION DEVELOPMENT (THREE (3) YEARS FRAMEWORK CONTRACT) Reserved for YOUTH Registered Entities Kenya Electricity Generating Company Limited Stima Plaza Phase III, Kolobot Road, Parklands P.O. BOX NAIROBI. Website: APRIL

2 Table of Contents SECTION I - INVITATION TO TENDER... 7 SECTION II - INSTRUCTIONS TO TENDERERS Eligible tenderers Cost of tendering The Tender documents Clarification of Documents Amendment of documents Language of tender Documents Comprising the Tender Form of Tender Tender Prices Tender Currencies Tenderers Eligibility and Qualifications Tender Security Validity of Tenders Format and Signing of Tender Sealing and Marking of Tenders Deadline for Submission of Tenders Modification and withdrawal of tenders Opening of Tenders Clarification of tenders...17 SECTION II TENDER DATA SHEET Preliminary Examination and Responsiveness Conversion to a single currency Contacting the procuring entity Award of Contract Notification of award Signing of Contract Performance Security Corrupt or Fraudulent Practices...22 SECTION IV - GENERAL CONDITIONS OF CONTRACT

3 3.1 Definitions Application Standards Patent Right s Performance Security Inspections and Tests Payment Prices Assignment Termination for Default Termination of insolvency Termination for convenience Resolution of disputes Governing Language Force Majeure Applicable Law Notices Taxes "Taxes" Local Taxation...43 Tax Deduction...43 Tax Indemnity...43 SECTION V - SPECIAL CONDITIONS OF CONTRACT...45 SECTION VII CONTRACTUAL REQUIREMENTS...53 Scope of Works...53 Construction Drawings...53 Instructions and Undertaking Works...54 Working Hours...54 Rejected Workmanship and Materials...55 Location and Extent of Project Site (s)...55 Working within KWS National Park Administrative facilities for the Contractor...56 Site and Progress Meetings

4 Contract Administration...56 Management of the construction site...56 Surface to be inspected...57 Security, Watching and Lighting...57 Protection of Works from Rain...57 Protection of Existing Services...58 Provision of Labour...59 Labour Act and other governing laws of Kenya...59 Gender Rule...59 Employment of Staff...59 Contractor s Superintendence...59 Payment of Wages, Salary and other benefits...60 Minimum Wage...60 Delayed or Non-payment of wages, salaries and other benefits...60 Documentations...60 Contractor s accommodation and transport...61 Drinking Water for Staff...62 Safety and Environment Requirements...62 Safety at site...63 Occupational, Health and safety requirements; Safety Precautions and First Aid...63 Personal Protective Equipment...63 Environmental Protection...63 Materials & Waste Disposal; Disposal of construction wastes...64 Leave Works Clean...64 Working alongside other KenGen Staff...64 Items to be made available by the Employer...64 Items to be made available by the Contractor...64 Insurance...65 Indemnity...65 SECTION VII TECHNICAL SPECIFICATIONS...66 LANDSCAPING AND REHABILITATION...66 Basic Requirements:...66 Quality and general requirements of plants:

5 Planting Operations:...67 Guarantee Period:...67 CHAIN LINK FENCE AND GATES...67 Chainlink:...67 Posts:...67 CONCRETE WORKS...67 Concrete:...67 Reinforcement Bars:...68 Formwork:...68 Construction:...68 WATERLINES...68 a) Laying of the waterline and coupling:...68 b) Damage/Loss of Materials:...68 c) Testing of the line:...68 d) Means of transporting the pipes:...68 e) Guarantee:...69 SECTION VII PREAMBLE TO SCHEDULE OF PRICES GENERALLY Terms of Contract Complementary Documents Method of Measurement Units of Bill of Quantities Extent of Works RATES AND PRICES...75 Rates and Sums...75 Taxes and Duties % VAT & Withholding Tax...75 Quantities...75 Protection of Completed Work and Clearing upon Completion SCHEDULES...75 SECTION VIII SCHEDULE OF RATES

6 SIGNED: BILL OF QUANTITIES...83 SECTION IX - STANDARD FORMS...84 SITE VISIT CERTIFICATE...85 FORM OF TENDER...86 NOTARIZED POWER OF ATTORNEY...88 MANDATORY CONFIDENTIAL BUSINESS QUESTIONNAIRE... Error! Bookmark not defined. KEY PERSONNEL PROPOSED BY TENDERER...92 CVS OF KEY PERSONNEL...93 CONTRACTOR S EQUIPMENT...95 TENDER-SECURING DECLARATION FORM...97 PERFORMANCE SECURITY FORM...99 SURETY UNDERTAKING ON-DEMAND ADVANCE PAYMENT GUARANTEE CONTRACT FORM INTEGRITY DECLARATION ANTI-CORRUPTION DECLARATION COMMITMENT/ PLEDGE APPLICATION TO PUBLIC PROCUREMENT ADMINISTRATIVE REVIEW BOARD

7 SECTION I - INVITATION TO TENDER KenGen invites sealed tenders from eligible candidates FOR PROVISION OF CIVIL WORKS SERVICES FOR GEOTHERMAL DEVELOPMENT whose specifications are detailed in the Tender Document. Interested eligible candidates may obtain further information from and inspect the Tender Documents during official working hours starting at the date of advert at the office of: Supply Chain Director Tel: (254) (020) tenders@kengen.co.ke; jgesaka@kengen.co.ke where the tender document may be collected upon payment of a non-refundable fee of KShs paid in cash or through a bankers cheque at any KenGen finance office. The document can also be viewed and downloaded free of charge from the website and Bidders who download the tender document from the website are advised to forward their particulars to the addresses above to facilitate any subsequent tender clarifications and addenda. Bidders are advised from time to time to be checking the website for any uploaded further information on this tender. Unless otherwise stated, tenders MUST be accompanied by a security in the format and amount specified in the tender documents and must be submitted in a plain sealed envelope and marked KGN-GDD TENDER FOR PROVISION OF CIVIL WORKS SERVICES FOR GEOTHERMAL DIVISION DEVELOPMENT and addressed to: Company Secretary & Legal Affairs Director Kenya Electricity Generating Company Limited 10 th Floor, Kengen Pension Plaza Phase II Kolobot Road, Parklands P O Box NAIROBI, KENYA On or before: 23 rd May 2017 at 10.00AM There shall be a MANDATORY SITE VISITS on Tuesday 9 th May, 2017 at 10.00A.M., at The Olkaria 7

8 Geothermal Complex offices, Naivasha and Thursday 4 th May 2017 at 10.00AM at Eburru Geothermal Fields (assembly point at Eburru Power Station). Tenders will be opened on 23 rd May 2017 at 10.30AM in the presence of the candidates representatives who choose to attend at Stima Plaza III, Executive Committee Room, and 7th Floor. The company reserves the right to vary the quantities. KenGen adheres to high standards of integrity in its business operations. Report any unethical behavior immediately to any of the provided anonymous hotline service. 1) Call Toll Free: ) Free-Fax: ) kengen@tip-offs.com 4) Website: SUPPLY CHAIN DIRECTOR 8

9 SECTION II - INSTRUCTIONS TO TENDERERS 2.1 Eligible tenderers This Invitation to tender is open to all tenderers eligible as described in the instructions to tenderers. Successful tenderers shall provide the services for the stipulated duration from the date of commencement (hereinafter referred to as the term) specified in the tender documents The procuring entity s employees, committee members, board members and their relative (spouse and children) are not eligible to participate in the tender unless where specially allowed under section 131 of the Act Tenderers shall provide the qualification information statement that the tenderer (including all members, of a joint venture and subcontractors) is not associated, or have been associated in the past, directly or indirectly, with a firm or any of its affiliates which have been engaged by the Procuring entity to provide consulting services for the preparation of the design, specifications, and other documents to be used for the procurement of the services under this Invitation for tenders Tenderers involved in corrupt or fraudulent practices or debarred from participating in public procurement shall not be eligible. 2.2 Cost of tendering The Tenderer shall bear all costs associated with the preparation and submission of its tender, and the procuring entity, will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the tendering process The price to be charged for the tender document shall not exceed Kshs. 1,000/=. Where the tenderers download documents from KenGen website, there shall be no cost The procuring entity shall allow the tenderer to review the tender document free of charge before purchase. 9

10 2.4 The Tender documents The tender document comprises of the documents listed below and addenda issued in accordance with clause 6 of these instructions to tenders i. Instructions to tenderers ii. General Conditions of Contract iii. Special Conditions of Contract iv. Schedule of Requirements v. Details of service vi. Form of tender vii. Price schedules viii. Contract form ix. Confidential business questionnaire form x. Tender security form xi. Performance security form The Tenderer is expected to examine all instructions, forms, terms, and specifications in the tender documents. Failure to furnish all information required by the tender documents or to submit a tender not substantially responsive to the tender documents in every respect will be at the tenderers risk and may result in the rejection of its tender. 2.4 Clarification of Documents A prospective candidate making inquiries of the tender document may notify the Procuring entity in writing or by at the entity s address indicated in the Invitation for tenders. The Procuring entity will respond in writing to any request for clarification of the tender documents, which it receives no later than seven (7) days prior to the deadline for the submission of tenders, prescribed by the procuring entity. Written copies of the Procuring entities response (including an explanation of the query but without identifying the source of inquiry) will be sent to all prospective tenderers who have received the tender documents The procuring entity shall reply to any clarifications sought by the tenderer within 3 days of receiving the request to enable the tenderer to make timely submission of its tender 10

11 2.5 Amendment of documents At any time prior to the deadline for submission of tenders, the Procuring entity, for any reason, whether at its own initiative or in response to a clarification requested by a prospective tenderer, may modify the tender documents by issuing an addendum All prospective tenderers who have obtained the tender documents will be notified of the amendment by and such amendment will be binding on them In order to allow prospective tenderers reasonable time in which to take the amendment into account in preparing their tenders, the Procuring entity, at its discretion, may extend the deadline for the submission of tenders. 2.6 Language of tender The tender prepared by the tenderer, as well as all correspondence and documents r e l a t i n g to the tender exchanged by the tenderer and the Procuring entity, shall be written in English language. Any printed literature furnished by the tenderer may be written in another language provided they are accompanied by an accurate English translation of the relevant passages in which case, for purposes of interpretation of the tender, the English translation shall govern. 2.7 Documents Comprising the Tender The tender prepared by the tenderer shall comprise the following Components: a) A Tender Form and a Price Schedule completed in accordance with paragraph 9, 10 and 11 below. b) Documentary evidence established in accordance with Clause 2.11 that the tenderer is eligible to tender and is qualified to perform the contract if its tender is accepted c) Tender security furnished is in accordance with Clause 2.12 d) Confidential business questionnaire 11

12 2.8 Form of Tender The tenderers shall complete the Form of Tender and the appropriate Price Schedule furnished in the tender documents, indicating the services to be performed. 2.9 Tender Prices The tenderer shall indicate on the Price schedule the unit prices where applicable and total tender prices of the services it proposes to provide under the contract Prices indicated on the Price Schedule shall be the cost of the services quoted including all customs duties and VAT and other applicable taxes payable: Prices quoted by the tenderer shall remain fixed during the term of the contract unless otherwise agreed by the parties. A tender submitted with an adjustable price quotation will be treated as non-responsive and will be rejected, pursuant to paragraph Contract price variations shall not be allowed for contracts not exceeding one year (12 months) Where contract price variation is allowed, the variation shall not exceed 25% of the original contract price Price variation requests shall be processed by the procuring entity within 30 days of receiving the request Tender Currencies Prices shall be quoted in Kenya Shillings unless otherwise specified in the appendix to in Instructions to Tenderers 2.11 Tenderers Eligibility and Qualifications Pursuant to Clause 2.1 the tenderer shall furnish, as part of its tender, documents establishing the tenderers eligibility to tender and its qualifications to perform the contract if its tender is accepted. 12

13 The documentary evidence of the tenderers qualifications to perform the contract if its tender is accepted shall establish to the Procuring entity s satisfaction that the tenderer has the financial and technical capability necessary to perform the contract Tender Security The tenderer shall furnish, as part of its tender, a tender security for the amount and form specified in the Appendix to Invitation to tender The tender security shall be in the amount not exceeding per cent of the tender prices or as specified in the TDS The tender security is required to protect the Procuring entity against the risk of Tenderer s conduct which would warrant the security s forfeiture, pursuant to paragraph The tender security shall be denominated in a Kenya Shillings or in another freely convertible currency and shall be in the form of: a) A bank guarantee. b) Such insurance guarantee approved by the Public Procurement Oversight Authority Any tender not secured in accordance with paragraph and will be rejected by the Procuring entity as non-responsive, pursuant to paragraph Unsuccessful tenderer s security will be discharged or returned as promptly as possible as but not later than thirty (30) days after the expiration of the period of tender validity prescribed by the procuring entity The successful tenderer s tender security will be discharged upon the tenderer signing the contract, pursuant to paragraph 2.29, and furnishing the performance security, pursuant to paragraph

14 The tender security may be forfeited: (a) If a tenderer withdraws its tender during the period of tender validity specified by the procuring entity on the Tender Form; or (b) In the case of a successful tenderer, if the tenderer fails: (i) To sign the contract in accordance with paragraph 30 Or (ii) To furnish performance security in accordance with paragraph 31. (c) If the tenderer rejects, correction of an error in the tender Validity of Tenders Tenders shall remain valid a period as specified in the Tender Data Sheet (TDS) after date of tender opening prescribed by the Procuring entity, pursuant to paragraph A tender valid for a shorter period shall be rejected by the Procuring entity as nonresponsive In exceptional circumstances, the Procuring entity may solicit the Tenderer s consent to an extension of the period of validity. The request and the responses thereto shall be made in writing. The tender security provided under paragraph 2.12 shall also be suitably extended. A tenderer may refuse the request without forfeiting its tender security. A tenderer granting the request will not be required nor permitted to modify its tender Format and Signing of Tender The tenderer shall prepare two copies of the tender, clearly / marking each ORIGINAL TENDER and COPY OF TENDER, as appropriate. In the event of any discrepancy between them, the 14

15 original shall govern The original and all copies of the tender shall be typed or written in indelible ink and shall be signed by the tenderer or a person or persons duly authorized to bind the tenderer to the contract. All pages of the tender, except for un-amended printed literature, shall be initialed by the person or persons signing the tender The tender shall have no interlineations, erasures, or overwriting except as necessary to correct errors made by the tenderer, in which case such corrections shall be initialed by the person or persons signing the tender Sealing and Marking of Tenders The tenderer shall seal the original and each copy of the tender in separate envelopes, duly marking the envelopes as ORIGINAL and COPY. The Envelopes shall then be sealed in an outer envelope. The inner and outer envelopes shall: (a) be addressed to the Procuring entity at the address given in the invitation to tender (b) bear, tender number and name in the invitation to tender and the words: DO NOT OPEN BEFORE 23 rd May 2017 at 10.00AM The inner envelopes shall also indicate the name and address of the tenderer to enable the tender to be returned unopened in case it is declared late If the outer envelope is not sealed and marked as required by paragraph , the Procuring entity will assume no responsibility for the tender s misplacement or premature opening Deadline for Submission of Tenders Tenders must be received by the Procuring entity at the address specified under paragraph no 15

16 later than the 23 rd May 2017 at 10.00AM The procuring entity may, at its discretion, extend this deadline for the submission of tenders by amending the tender documents in accordance with paragraph 6, in which case all rights and obligations of the procuring entity and candidates previously subject to the deadline will thereafter be subject to the deadline as extended Modification and withdrawal of tenders The tenderer may modify or withdraw its tender after the tender s submission, provided that written notice of the modification, including substitution or withdrawal of the tender s is received by the procuring entity prior to the deadline prescribed for the submission of tenders The Tenderer s modification or withdrawal notice shall be prepared, sealed, marked, and dispatched in accordance with the provisions of paragraph A withdrawal notice may also be sent by , but followed by a signed confirmation copy, postmarked not later than the deadline for submission of tenders No tender may be modified after the deadline for submission of tenders No tender may be withdrawn in the interval between the deadline for submission of tenders and the expiration of the period of tender validity specified by the tenderer on the Tender Form. Withdrawal of a tender during this interval may result in the Tenderer s forfeiture of its tender security, pursuant to paragraph The procuring entity may at any time terminate procurement proceedings before contract award and shall not be liable to any person for the termination The procuring entity shall give prompt notice of the termination to the tenderers and on request give its reasons for termination within 14 days of receiving the request from any tenderer Opening of Tenders The Procuring entity will open all tenders in the presence of tenderers representatives who choose to attend, at 23 rd May 2017 at 10.00AM and in the location specified in the 16

17 invitation to tender. The tenderers representatives who are present shall sign a register evidencing their attendance The tenderers names, tender modifications or withdrawals, tender prices, discounts, and the presence or absence of requisite tender security and such other details as the Procuring Entity, at its discretion, may consider appropriate, will be announced at the opening The procuring entity will prepare minutes of the tender opening which will be submitted to the tenderers that signed the tender opening register and will have made the request Clarification of tenders To assist in the examination, evaluation and comparison of tenders the procuring entity may at its discretion, ask the tenderer for a clarification of its tender. The request for clarification and the response shall be in writing, and no change in the prices or substance shall be sought, offered, or permitted Any effort by the tenderer to influence the procuring entity in the procuring entity s tender evaluation, tender comparison or contract award decisions may result in the rejection of the tenderers tender Preliminary Examination and Responsiveness The Procuring entity will examine the tenders to determine whether they are complete, whether any computational errors have been made, whether required securities have been furnished whether the documents have been properly signed, and whether the tenders are generally in order Arithmetical errors will be rectified 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 candidate does not accept the correction of the errors, its tender will be rejected, and its tender security may be forfeited. If there is a discrepancy between words and figures, the amount in words will prevail The Procuring entity may waive any minor informality or nonconformity or irregularity in a tender which does not constitute a material deviation, provided such waiver does not prejudice or affect 17

18 the relative ranking of any tenderer Prior to the detailed evaluation, pursuant to paragraph 23, the Procuring entity will determine the substantial responsiveness of each tender to the tender documents. For purposes of these paragraphs, a substantially responsive tender is one which conforms to all the terms and conditions of the tender documents without material deviations. The Procuring entity s determination of a tender s responsiveness is to be based on the contents of the tender itself without recourse to extrinsic evidence If a tender is not substantially responsive, it will be rejected by the Procuring entity and may not subsequently be made responsive by the tenderer by correction of the nonconformity Conversion to a single currency Where other currencies are used, the procuring entity will convert those currencies to Kenya shillings using the selling exchange rate on the date of tender closing provided by the central bank of Kenya Evaluation and comparison of tenders The procuring entity will evaluate and compare the tenders which have been determined to be substantially responsive, pursuant to paragraph The comparison shall be of the price including all costs as well as duties and taxes payable on all the materials to be used in the provision of the services The Procuring entity s evaluation of a tender will take into account, in addition to the tender price, the following factors, in the manner and to the extent indicated in paragraph and in the technical specifications: (a) Operational plan proposed in the tender; (b) Deviations in payment schedule from that specified in the Special 18

19 Conditions of Contract; Pursuant to paragraph 22.3 the following evaluation methods will be applied: (a) Operational Plan. The Procuring entity requires that the services under the Invitation for Tenders shall be performed at the time specified in the Schedule of Requirements. Tenders offering to perform longer than the procuring entity s required delivery time will be treated as non-responsive and rejected. (b) Deviation in payment schedule. Tenderers shall state their tender price for the payment on a schedule outlined in the special conditions of contract. Tenders will be evaluated on the basis of this base price. Tenderers are, however, permitted to state an alternative payment schedule and indicate the reduction in tender price they wish to offer for such alternative payment schedule. The Procuring entity may consider the alternative payment schedule offered by the selected tenderer The tender evaluation committee shall evaluate the tender within fifteen (15) days from the date of opening the tender To qualify for contract awards, the tenderer shall have the following: - a) Necessary qualifications, capability experience, services, equipment and facilities to provide what is being procured. b) Legal capacity to enter into a contract for procurement c) Shall not be insolvent, in receivership, bankrupt or in the process of being wound up and is not the subject of legal proceedings relating to the foregoing d) Shall not be debarred from participating in public procurement Contacting the procuring entity Subject to paragraph 2.19, no tenderer shall contact the procuring entity on any matter relating 19

20 to its tender, from the time of the tender opening to the time the contract is awarded Any effort by a tenderer to influence the procuring entity in its decisions on tender evaluation tender comparison or contract award may result in the rejection of the tenderers tender Award of Contract a) Post qualification In the absence of pre-qualification, the Procuring entity will determine to its satisfaction whether the tenderer that is selected as having submitted the lowest evaluated responsive tender is qualified to perform the contract satisfactorily The determination will take into account the tenderer s financial and technical capabilities. It will be based upon an examination of the documentary evidence of the tenderers qualifications submitted by the tenderer, pursuant to paragraph 2.1.2, as well as such other information as the Procuring entity deems necessary and appropriate An affirmative determination will be a prerequisite for award of the contract to the tenderer. A negative determination will result in rejection of the Tenderer s tender, in which event the Procuring entity will proceed to the next lowest evaluated tender to make a similar determination of that Tenderer s capabilities to perform satisfactorily. b) Award Criteria Subject to paragraph 2.29 the Procuring entity will award the contract to the successful tenderer whose tender has been determined to be substantially responsive and has been determined to be the lowest evaluated tender, provided further that the tenderer is determined to be qualified to perform the contract satisfactorily The procuring entity reserves the right to accept or reject any tender and to annual the tendering process and reject all tenders at any time prior to contract award, without thereby incurring any liability to the affected tenderer or tenderers or any obligation to inform the affected tenderer or tenderers of the grounds for the procuring entity s action. If the procuring entity 20

21 determines that none of the tenderers is responsive; the procuring entity shall notify each tenderer who submitted a tender A tenderer who gives false information in the tender document about its qualification or who refuses to enter into a contract after notification of contract award shall be considered for debarment from participating in future public procurement Notification of award Prior to the expiration of the period of tender validity, the Procuring entity will notify the successful tenderer in writing that its tender has been accepted The notification of award will signify the formation of the Contract subject to the signing of the contract between the tenderer and the procuring entity pursuant to clause Simultaneously the other tenderers shall be notified that their tenders have not been successful Upon the successful Tenderer s furnishing of the performance security pursuant to paragraph 31, the Procuring entity will promptly notify each unsuccessful Tenderer and will discharge its tender security, pursuant to paragraph Signing of Contract At the same time as the Procuring entity notifies the successful tenderer that its tender has been accepted, the Procuring entity will simultaneously inform the other tenderers that their tenders have not been successful Within fifteen (15) days of receipt of the Contract Form, the successful tenderer shall sign and date the contract and return it to the Procuring entity The parties to the contract shall have it signed within 30 days from the date of notification of contract award unless there is an administrative review request Performance Security Within fifteen (15) days of the receipt of notification of award from the Procuring entity, 21

22 the successful tenderer shall furnish the performance security in accordance with the Conditions of Contract, (special Conditions of Contract) in the Performance Security Form provided in the tender documents, or in another form acceptable to the Procuring entity Failure of the successful tenderer to comply with the requirement of paragraph 2.29 or paragraph shall constitute sufficient grounds for the annulment of the award and forfeiture of the tender security, in which event the Procuring entity may make the award to the next lowest evaluated or call for new tenders Corrupt or Fraudulent Practices The Procuring entity requires that tenderers observe the highest standard of ethics during procurement process and execution of contracts. A tenderer shall sign a declaration that he has not and will not be involved in corrupt or fraudulent practices The procuring entity will reject a proposal for award if it determines that the tenderer recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in question; Further, a tenderer who is found to have indulged in corrupt or fraudulent practices risks being debarred from participating in public procurement in Kenya. 22

23 SECTION II TENDER DATA SHEET The following information for procurement of services shall complement or amend the provisions of the instructions to tenderers. 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 ITT Cl. No Amendments of, and Supplements to Clauses in the Instruction to Tenderers The Procuring Entity also called Employer is: - KENYA ELECTRICITY GENERATING COMPANY LTD Stima Plaza Phase III, Kolobot Road, P.O. Box 47936, NAIROBI, KENYA. Tel: Fax: Name and Number of Procurement KGN-GDD TENDER FOR PROVISION OF CIVIL WORKS SERVICES FOR GEOTHERMAL DEVELOPMENT SITE VISIT This shall be conducted around the Greater Olkaria Geothermal Field and Eburru. Interested Bidders shall be required to convene at KenGen Olkaria Geothermal Plaza Offices and Eburru Power Station as per date and venue provided below: - Geothermal Plaza DAY:- TUESDAY DATE:- 9 th May

24 ITT Cl. No Amendments of, and Supplements to Clauses in the Instruction to Tenderers TIME: AM VENUE: - Geothermal Complex The Greater Olkaria Geothermal Field is located 130KM North of Nairobi by road and is within Hells Gate National Park, which is managed by the Kenya wildlife Services (KWS). KWS usually require that any person or vehicle entering the park for whatever reason pays gate entry fees. Tenders are advised to make Park Entry Fees arrangements during site visit. Eburru Power Station DAY:- WENESDAY DATE:- 10 TH May 2017 TIME: AM VENUE: - Eburru Power station Eburru is located about 60KM North of Olkaria Geothermal Fields Minutes of the pre-tender meeting will be made available within three days of the site visit at Olkaria Geothermal Power Station Non-attendance at the pre-tender meeting will result in disqualification. Bidders are strongly advised to visit site and obtain for themselves information adequate for them to prepare a responsive bid ELIGIBLE TENDERERS The Invitation for Tenders is open to all Contractors who are registered under YOUTH CATEGORY ONLY 24

25 ITT Cl. No Amendments of, and Supplements to Clauses in the Instruction to Tenderers The YOUTH entity shall satisfy all relevant licensing and/or registration with the appropriate statutory bodies in Kenya as shall be herein defined In addition, Contractors who have been issued with a Default Notice in any Government/public funded project or private entity within the last 5 years are ineligible to tender. Debarred firms are also ineligible to tender COST OF TENDERING The Tenderer shall bear all costs associated with the preparation and submission of its tender 2.3 The Tenderer is expected to examine all instructions, forms, terms and specifications in the Tendering documents. Failure to furnish all information required by the Tendering Documents or to submit a Tender substantially responsive to the Tendering documents in every respect will be at the Tenderer s risk and may result in the rejection of its Tender. 2.4 CLARIFICATIONS Further information and/or clarification may also be obtained from the Employer s representative at the following address: - Supply Chain Director Kenya Electricity Generating Company Limited 2 nd Floor, Stima Plaza, Phase III; Kolobot Road, Parklands P O Box NAIROBI, KENYA ; tenders@kengen.co.ke; cc: jgesaka@kengen.co.ke Deadline for submission of inquiries for clarifications shall be 7 DAYS prior to Tender Closing Date prior to Tender Closing as set out in this TDS 25

26 ITT Cl. No Amendments of, and Supplements to Clauses in the Instruction to Tenderers The procuring entity shall reply to any clarifications sought by the Bidder within 3 days of receiving the request to enable the Bidder to make timely submission of its tender Potential bidders are also advised to regularly check KenGen website for any uploaded information on this tender. Any issued Addenda/Clarification shall be uploaded by Procuring entity on the website. Website: AMENDMENT OF DOCUMENTS - ADDENDUM/CLARIFICATION Any addendum/clarification issued shall be part of the Tender documents and shall be communicated in writing, by or facsimile to all who have obtained the Tendering documents directly from the Procuring Entity. 2.6 Language of Tender and all correspondence shall be English This shall be a rates tender only Tender Prices shall remain fixed for the first year of the contract execution, but subjected to a negotiated review in the subsequent two year of extension thereof upon satisfactory performance by the bidder There shall be no contract variations 26

27 ITT Cl. No Amendments of, and Supplements to Clauses in the Instruction to Tenderers The currency in which the prices shall be quoted shall be in Kenya Shillings DOCUMENTS ESTABLISHING THE TENDERERS ELIGIBILITY Provide: - a) Be a REGISTERED COMPANY in Kenya; Provide a Copy Certificate of Incorporation / Registration b) Copy of the Certificate of Confirmation of Directors and Shareholding (CR12) and a copy of the Directors Identification Cards. c) Copy of Certificate of Registration in a target group (YOUTH). d) Copy of Registration with National Construction Authority, Class; - NCA 7 and above (Buildings, Civil and Specialist Contractors) and the NCA license. e) PIN & VAT Certificate. f) Copy of Valid Tax Compliance Certificate; valid on the tender closing date g) Duly Completed POWER OF ATTORNEY among partners(only in joint venture arrangements) h) Sequential serialization of all pages of the bid document. i) Dully signed tender securing declaration form as provided. j) Dully filled and signed confidential business questionnaire. In Addition to Registered Youth Entities, KenGen shall apply exclusive preference to registered companies in Kenya and registered in target group of youth participating in the tender To qualify for preference the Bidder shall provide evidence of eligibility by: a) Proving Kenyan citizenship by production of a Kenyan Identification Documents 27

28 ITT Cl. No Amendments of, and Supplements to Clauses in the Instruction to Tenderers b) For the purpose of benefiting from preference and reservations schemes, an enterprise owned by youth shall be a legal entity that: - c) Is registered with the National Treasury or the respective county treasury with which they operate by providing Certified Certificate of Registration in a target group issued by the Ministry of Finance or Respective County Treasury. d) Has at least SEVENTY PERCENT MEMBERSHIP OF the target group e) THE LEADERSHIP SHALL BE ONE HUNDRED PERCENT of the target group f) Provide Copy of the Certificate of Confirmation of Directors and Shareholding (CR12) and copies of the Directors Identification Cards. g) Certificate of Registration in a target group YOUTH MUST be provided h) Bidders shall provide such evidence of their continued eligibility satisfactory to the Employer, as the Employer shall reasonably request 2.12 TENDER SECURITY AND TENDER SECURING DECLARATION FORM Tender Security shall not be applicable. Registered groups YOUTH MUST duly complete and sign the Tender-Securing Declaration Form in the format provided in STANDARD FORMS 2.13 TENDER VALIDITY 28

29 ITT Cl. No Amendments of, and Supplements to Clauses in the Instruction to Tenderers The tender shall remain valid and open for acceptance for a period of one hundred and Twenty (120) calendar days from the specified date of tender opening or from the extended date of tender opening whichever is the later The Tenderer shall prepare one original of the documents comprising the Tender clearly marked ORIGINAL. In addition, the Tenderer shall submit 2 (two) copies of the Tender, clearly marked as COPIES. In the event of discrepancy between them, the original shall prevail The Tenderer shall seal the original and each copy of the Tender in separate envelopes, duly marking the envelopes as ORIGINAL and COPY. The envelopes shall then be sealed in an outer envelope securely sealed in such a manner that opening and resealing cannot be achieved undetected Tenders shall be addressed and submitted to : Company Secretary & Legal Affairs Director Kenya Electricity Generating Company Limited 10th Floor, KenGen Pension Plaza II Kolobot Road, Parklands P O Box NAIROBI, KENYA The inner envelopes shall bare the name and address of the tenderer to enable the tender to be returned unopened in case it is declared late DEADLINE FOR TENDER SUBMISSION: 29

30 ITT Cl. No Amendments of, and Supplements to Clauses in the Instruction to Tenderers Day: - TUESDAY Date: - 23 rd May 2017 at 10.00AM Time: AM The extension of the deadline for submission of Tenders shall be made not later than five (5) days before the expiry of the tender deadline TIME AND DATE FOR TENDER OPENING: Day:-TUESDAY Date:- 23 rd May 2017 at 10.30AM Time: AM 2.19 CLARIFICATION OF TENDERS To assist in the examination, evaluation, comparison of Tenders and post-qualification of the Tenderer, the Procuring Entity may, at its discretion, ask a Tenderer for clarification of its Tender. The request for clarification and the response shall be in writing. No change in the prices or substance of the Tender shall be sought, offered, or permitted EXAMINATION OF TENDERS: 1) PRELIMINARY / MANDATORY EVALUATION OF TENDERS Provide 2) Duly completed Price Schedule 3) Duly completed Tender Form 4) Addendum (if applicable, communicated addendum must be signed and be submitted with the Tender) 30

31 ITT Cl. No Amendments of, and Supplements to Clauses in the Instruction to Tenderers 5) Duly completed and signed Mandatory site visit certificate 6) Duly filled Tender securing declaration form 7) Duly Completed Confidential Business Questionnaire (CBQ) 8) Copy Certificate of Incorporation / Registration 9) Copy of the Certificate of Confirmation of Directors and Shareholding (CR12) and a copy of the Directors Identification Cards (IDs) 10) Copy of Certificate of Registration in a target group (YOUTH) 11) Copy of Registration with National Construction Authority, Class; - NCA 7 and above (Buildings and Specialist Contractors) the NCA license. 12) Copy of Valid Tax Compliance Certificate; valid on the tender closing date 13) Duly Completed POWER OF ATTORNEY among partners (ONLY in joint venture arrangements). 14) Sequential serialization of all pages of the bid document. (NB: the tenderer is required, where so applicable, to furnish details of these requirement in the forms annexed in the tender forms and in CBQ); All requested copies must be submitted with this tender. B: Technical Evaluation criteria shall be evaluated on pass or fail methodology. Provide.. 15) List of major items of Construction Plant, Tools and Equipment; Essential equipment to be made available during execution of this Contract by the successful Tenderer Item of Equipment Nos Req. for Project 4-Wheel Drive Double Cab pick up 1 Tippers / Transportation Lorry 1 each Minibus / Van for staff transportation 1 31

32 ITT Cl. No Amendments of, and Supplements to Clauses in the Instruction to Tenderers Water Bowser Truck 1 Welding GenSet 1 Wheel Loader / Back-hoe for loading top soil 1 each Pond Liner welding machine / set 1 Tools Box and General tools of Construction and Trade, e.g. spanners, pliers, trowels, spades, etc. General Tools 16) FIELD TECHNICAL TEAM 17) A Contractor s Site Agent with a minimum of 4 years specific experience in building construction or works of an equivalent nature and volume, with a minimum of Ordinary Diploma in Civil Engineering or equivalent from a recognized institution. 18) A Contractor s Site Supervisor with a minimum of 2 years specific experience in building construction or works of an equivalent nature and volume, with a minimum of Ordinary Diploma in Civil Engineering or equivalent from a recognized institution. 19) A Contractor s Environment and Safety Officer with a minimum of 2 years specific experience of in the field, with a minimum of Ordinary Diploma. 20) Skilled unskilled laborers with specific experiences and certificates. 21) All employees must have a current and valid certificate of good conduct. 22) METHODOLOGY of execution of the services, including deliverables timelines, which will be factored in the service level agreement. 32

33 ITT Cl. No Amendments of, and Supplements to Clauses in the Instruction to Tenderers 23) FINANCIAL EVALUATION Award shall be based on the total lowest evaluated bidder. Price read out during tender opening shall be final and not subject to any amendment. Therefore, bidders should avoid arithmetic errors at all cost. Any error deemed ad a major deviation shall result to disqualification. Award shall be based on the lowest price per unit for all the schedules (NB: the tenderer is required, where so applicable, to furnish details of these requirement in the forms annexed in the tender forms and in CBQ); All requested copies must be submitted with this tender EVALUATION AND COMPARISON OF TENDERS. The procuring entity will evaluate and compare the tenders which have been determined to be substantially responsive, pursuant to paragraph The tender evaluation committee shall evaluate the tender within thirty (30) days from the date of opening the tender To qualify for contract awards, the tenderer shall have the following: - Necessary qualifications Legal capacity to enter into a contract for procurement Shall not be insolvent, in receivership, bankrupt or in the process of being wound up and is not the subject of legal proceedings relating to the foregoing Shall not be debarred from participating in public procurement (a) Post Qualification Shall be Undertaken 33

34 ITT Cl. No Amendments of, and Supplements to Clauses in the Instruction to Tenderers Award of Contract shall be based on a Bidder who whose tender has been determined to be substantially responsive to the tendering documents and who has offered the lowest evaluated tender price, provided that such Bidder has been determined to be:- (a) eligible in accordance with the provision of Clauses 2.11 (b) Qualified in accordance with the provisions of clause 2.11 In addition: - The Procuring Entity will determine to its satisfaction whether the Bidder that is selected as having submitted the lowest evaluated responsive Tender is qualified to perform the contract satisfactorily, in accordance with the criteria listed in Clause ; this shall be done by determining the AUTHENTICITY and TRUTHFULNESS of all submitted documents. The determination will take into account the Bidder s eligibility, financial, technical, and production capabilities. It will be based upon examination of the documentary evidence of the Bidder s qualifications submitted by the Bidder, pursuant to qualifying and eligibility criteria as set out in this tender, as well as such other information as the Procuring Entity deems necessary and appropriate. Factors not included in these Tendering documents shall not be used in the evaluation of the Bidder s qualifications. An affirmative determination will be a prerequisite for award of the contract to the Bidder. A negative determination will result in rejection of the Bidder s Tender, in which event the Procuring Entity will proceed to the next lowest evaluated Tender to make a similar determination of that Bidder s capabilities to perform satisfactorily (b) AWARD CRITERIA Tender shall be awarded to the tenderer whose Tender has been determined to be substantially responsive to the Tendering documents and who has offered the lowest Evaluated Tender Price, subject to being responsive to all qualification and evaluation criteria. 34

35 ITT Cl. No Amendments of, and Supplements to Clauses in the Instruction to Tenderers PERFORMANCE SECURITY Performance Security applicable is defined in the Special Conditions of Contract (SCC) 2.28 CORRUPTION AND ETHICAL STANDARDS The Government requires that Procuring Entities (including beneficiaries of Government funded projects) as well as Tenderers/Suppliers/Contractors under Government financed contracts, observe the highest standard of ethics during the procurement and execution of such contracts. It is the responsibility of the Procuring Entity to ensure that Tenderers, suppliers, and contractors and their subcontractors observe the highest standard of ethics during the procurement and execution of such contracts. In pursuance of this policy: For the purpose of this provision, the following definitions are provided: Corruption has the meaning assigned to it in the Anti-Corruption and Economic Crime Act 2003 and includes the offering, giving, receiving or soliciting of anything of value to influence the action of a public official in the procurement or disposal process or in contract execution; Fraudulent Practice includes a misrepresentation of fact in order to influence a procurement or disposal process or the execution of a contract to the detriment of the Procuring Entity and includes collusive practices amongst Tenderers prior to or after Tender submission designed to establish Tender prices at artificial non-competitive levels and deprive the Procuring Entity of the benefits of free and open competition; Collusive Practice means an arrangement between two or more suppliers, contractors and subcontractors designed to achieve an improper purpose, including to influence improperly the actions of the Procuring Entity prior to or after Tender submission, 35

36 ITT Cl. No Amendments of, and Supplements to Clauses in the Instruction to Tenderers designed to establish Tender prices at artificial non-competitive levels and to deprive the Procuring Entity of the benefit of free and open competition; Coercive Practice means impairing or harming, or threatening to impair or harm, directly or indirectly a supplier, contractor or subcontractor or the property of any of them to influence improperly the actions of a Procuring Entity; Obstructive Practice means deliberately destroying, falsifying, altering or concealing of evidence material to the investigation or making false statements to investigators in order to materially impede an investigation into allegations of a corrupt, fraudulent, coercive or collusive practice; and /or threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation. A Procuring Entity has the right to require that Tenderers, suppliers, and contractors and their subcontractors permit persons duly appointed by KACC/PPOA/KNAO to inspect their accounts and records and other documents relating to the Tender submission and contract performance; The Procuring Entity will reject a proposal for award if it determines that the Tenderer recommended for award has engaged in corrupt, fraudulent practices or others stated under Clause 44.1.a in competing for the contract; In pursuit of the policy defined in sub-clause 44.1, the Procuring Entity will cancel the portion of the funds allocated to a contract for goods, works, or services if it at any time determines that corrupt or fraudulent practices were engaged in by representatives of the Procuring Entity or Approving Authority or of a beneficiary of the funds during the procurement or the execution of that contract; In the event that the Procuring Entity or Approving Authority does not take timely and appropriate action satisfactory to the Government of Kenya to remedy the situation, then the Director-General may order an investigation of procurement proceedings for the 36

37 ITT Cl. No Amendments of, and Supplements to Clauses in the Instruction to Tenderers purpose of determining whether there has been a breach of the Public Procurement and Disposal Act, The address for submitting appeals to Administrative Review Board: The Secretary, Public Procurement Administrative Review Board, The Public Procurement Oversight Authority, 10 th Floor, National Bank House, P.O. Box , NAIROBI, Kenya. Tel: +254 (0) info@ppoa.go.ke Website: IMPORTANT TO NOTE: Contractors who have been issued with a Default Notice in any Government/public funded project or private entity within the last 5 years are ineligible to tender. Debarred firms are ineligible to tender. 37

38 SECTION IV - GENERAL CONDITIONS OF CONTRACT 3.1 Definitions In this contract, the following terms shall be interpreted as indicated: a) The contract means the agreement entered into between the Procuring entity and the tenderer as recorded in the Contract Form signed by the parties, including all attachments and appendices thereto and all documents incorporated by reference therein. b) b) The Contract Price means the price payable to the tenderer under the Contract for the full and proper performance of its contractual obligations. c) The services means services to be provided by the contractor including materials and incidentals which the tenderer is required to provide to the Procuring entity under the Contract. d) The Procuring entity means the organization sourcing for the services under this Contract. e) The contractor means the individual or firm providing the services under this Contract. f) GCC means general conditions of contract contained in this section g) SCC means the special conditions of contract g) Day means calendar day 3.2 Application These General Conditions shall apply to the extent that they are not superseded by provisions of other part of contract. 3.3 Standards The services provided under this Contract shall conform to any Engineering standards and Legal Requirements that may be required. 38

39 3.5 Patent Right s The tenderer shall indemnify the Procuring entity against all third-party claims of infringement of patent, trademark, or industrial design tights arising from use of the services under the contract or any part thereof. 3.6 Performance Security Within fifteen (15) days of receipt of the notification of Contract award, the successful tenderer shall furnish to the Procuring entity the Performance security where applicable in the amount specified in Special Conditions of Contract The proceeds of the performance security shall be payable to the Procuring entity as compensation for any loss resulting from the Tenderer s failure to complete its obligations under the Contract The performance security shall be denominated in the currency of the Contract or in a freely convertible currency acceptable to the Procuring entity and shall be in the form of: a) A bank guarantee. b) Such insurance guarantee approved by the Public Procurement Oversight Authority The performance security will be discharged by the procuring entity and returned to the candidate not later than thirty (30) days following the date of completion of the tenderer s performance of obligations under the contract, including any warranty obligations under the contract. 3.7 Inspections and Tests The Procuring entity or its representative shall have the right to inspect and/or to test the services to confirm their conformity to the Contract specifications. The Procuring entity shall notify the tenderer in writing, in a timely manner, of the identity of any representatives retained for these purposes The inspections and tests may be conducted on the premises of the tenderer or its 39

40 subcontractor(s). If conducted on the premises of the tenderer or its subcontractor(s), all reasonable facilities and assistance, including access to drawings and production data shall be furnished to the inspectors at no charge to the Procuring entity Should any inspected or tested services fail to conform to the Specifications, the Procuring entity may reject the services and the tenderer shall make alterations necessary to meet specification requirements free of cost to the Procuring entity Nothing in paragraph 3.7 shall in any way release the tenderer from any warranty or other obligations under this Contract. 3.8 Payment The method and conditions of payment to be made to the tenderer under this Contract shall be specified in SCC 3.9 Prices Prices charged by the contractor for services performed under the Contract shall not, with the exception of any Price adjustments authorized in SCC, vary from the prices by the tenderer in its tender or in the procuring entity s request for tender validity extension as the case may be. No variation in or modification to the terms of the contract shall be made except by written amendment signed by the parties Assignment The tenderer shall not assign, in whole or in part, its obligations to perform under this contract, except with the procuring entity s prior written consent Termination for Default The Procuring entity may, without prejudice to any other remedy for breach of Contract, by written notice of default sent to the tenderer, terminate this Contract in whole or in part: a) if the tenderer fails to provide any or all of the services within the period(s) specified in the Contract or within any extension thereof granted by the Procuring entity. 40

41 b) if the tenderer fails to perform any other obligation(s) under the Contract. c) if the tenderer, in the judgment of the Procuring entity, has engaged in corrupt or fraudulent practices in competing for or in executing the Contract. In the event the Procuring entity terminates the Contract in whole or in part, it may procure, upon such terms and in such manner as it deems appropriate, services similar to those undelivered, and the tenderer shall be liable to the Procuring entity for any excess costs for such similar services Termination of insolvency The procuring entity may at the anyt ime terminate the contract by giving written notice to the contractor if the contractor becomes bankrupt or otherwise insolvent. In this event, termination will be without compensation to the contractor, provided that such termination will not produce or affect any right of action or remedy, which has accrued or will accrue thereafter to the procuring entity Termination for convenience The procuring entity by written notice sent to the contractor may terminate the contract in whole or in part, at any time for its convenience. The notice of termination shall specify that the termination is for the procuring entity s convenience, the extent to which performance of the contractor of the contract is terminated and the date on which such termination becomes effective For the remaining part of the contract after termination the procuring entity may elect to cancel the services and pay to the contractor an agreed amount for partially completed services Resolution of disputes The procuring entity s and the contractor shall make every effort to resolve amicably by direct informal negotiations any disagreement or dispute arising between them under or in connection with the contract. If after thirty (30) days from the commencement of such informal negotiations both parties have been 41

42 unable to resolve amicably a contract dispute either party may require that the dispute be referred for resolution to the formal mechanisms specified in the SCC Governing Language The contract shall be written in the English language. All correspondence and other documents pertaining to the contract, which are exchanged by the parties, shall be written in the same language Force Majeure The contractor shall not be liable for forfeiture of its performance security, or termination for default if and to the extent that its delay in performance or other failure to perform its obligations under the Contract is the result of an event of Force Majeure Applicable Law. The contract shall be interpreted in accordance with the laws of Kenya unless otherwise specified in the SCC 3.18 Notices Any notices given by one party to the other pursuant to this contract shall be sent to the other party by and confirmed in writing to the other party s address specified in the SCC. A notice shall be effective when delivered or on the notices effective date, whichever is later Taxes "Taxes" means all present and future taxes, levies, duties, charges, assessments, deductions or withholdings whatsoever, including any interest thereon, and any penalties and fines with respect thereto, wherever imposed, levied, collected, or withheld pursuant to any regulation having the force of law and "Taxation" shall be construed accordingly. 42

43 Local Taxation Nothing in the Contract shall relieve the Contractor and/or his Sub-Contractors from their responsibility to pay any taxes, statutory contributions and levies that may be levied on them in Kenya in respect of the Contract. The Contract Price shall include all applicable taxes and shall not be adjusted for any of these taxes The Contractor shall be deemed to be familiar with the tax laws in the Employer's Country and satisfied themselves with the requirements for all taxes, statutory contributions and duties to which they may be subjected during the term of the Contract In instances where discussions are held between the Employer and the Contractor regarding tax matters, this shall not be deemed to constitute competent advice and hence does not absolve the Contractor of their responsibility in relation to due diligence on the tax issue as per above. Tax Deduction If the Employer is required to make a tax deduction by Law, then the deduction shall be made from payments due to the Contractor and paid directly to the Kenya Revenue Authority. The Employer shall upon remitting the tax to Kenya Revenue Authority furnish the Contractor with the relevant tax deduction certificates Where the Contractor is paid directly by the Financiers and the Employer is not able to deduct tax, then the Contractor will be required to pay the tax deduction to Kenya Revenue Authority in the name of the Employer and furnish the Employer with an original receipt thereof as evidence of such payment. In absence of the said evidence, the Employer will not process any subsequent payments to the Contractor. Tax Indemnity The Contractor shall indemnify and hold the Employer harmless from and against any and all liabilities, which the Employer may incur for any reason of failure by the Contractor to comply with any tax laws arising from the execution of the Contract 43

44 whether during the term of the Contract or after its expiry The Contractor warrants to pay the Employer (within fourteen (14) days of demand by the Employer), an amount equal to the loss, liability or cost which the Employer determines has been (directly or indirectly) suffered by the Employer for or on account of the Contractor s Tax liability arising from the Contract Where the amount in above remains unpaid after the end of the fourteen (14) days moratorium, the Employer shall be entitled to compensation for financing charges. 44

45 SECTION V - SPECIAL CONDITIONS OF CONTRACT These Special conditions of contract (SCC) shall supplement the general conditions of contract; wherever there is a conflict between the GCC and the SCC, the provisions of the SCC herein shall prevail over those in the GCC. GCC REF. SPECIAL CONDITIONS OF CONTRACT DURATION OF IMPLEMENTATION Three Calendar Years upon receipt of the Client Representative s Order to Commence. Contract shall be signed for a duration of one year and subject for renewal for another year upon satisfactory performance and mutual agreement from both KenGen and the Contractor 3.2 PRIORITY OF DOCUMENTS For purposes of interpretation, the priority of documents shall be according to the following order a) Contract Agreement b) Letter of Acceptance c) Letter of Award d) Form of Tender e) Particular Conditions of Contract f) General Conditions of Contract g) Technical Specifications h) Eurocode and British Applicable Design Manuals i) Drawings j) The Priced Bill of Quantities 3.6 PERFORMANCE SECURITY 45

46 GCC REF. SPECIAL CONDITIONS OF CONTRACT The amount of Performance Security shall be 1% of the accepted contract value in form of a Bank Guarantee from a reputable Bank in Kenya which is acceptable by the Procuring Entity. 3.8 PAYMENTS This shall be a rate only contract. Payments shall be made against actual volumes of works completed and certified. The contractor shall make Request for Interim payments every Two (2) Months. The contractor shall submit non-binding estimates of the payments which he expects to become due during Submitted Request for Interim Payment. The following documents shall form part of interim payment certificates: - Detailed valuation to date comprising: - Valuation estimates due for the focus period for only completed works Detailed Progress Report The amount to be withheld for non-or late submission of these vital documents is FULL CERTIFICATE Terms of Payment Direct payment through Telegraphic Transfer (RTGS). Payment currency shall only be Kenya Shillings. 3.9 Prices a) Contract price variation shall not be allowed for the first 12 months of the contract. b) Where contract price variation is to be considered, the variation shall not exceed 25% of the original contract unit price. c) The price variation is to be executed within the contract period d) Price variation requests shall be processed by KenGen within 30 days of receiving the request subject to successful negotiation between the contracting parties. 46

47 GCC REF. SPECIAL CONDITIONS OF CONTRACT e) Price variation request must be made by the supplier to KenGen for consideration. The supplier shall state the factors affecting the prices to support the application. f) Price variations considerations shall be guided by the CPI from KNBS and monthly inflation rate from CBK SUB-CONTRACTING Sub-contracting is not allowed unless where this is expressly requested by the contractor and approved by the client Prices 3.14 ADJUDICATION g) Contract price variation shall not be allowed for the first 12 months of the contract. h) Where contract price variation is to be considered, the variation shall not exceed 25% of the original contract unit price. i) The price variation is to be executed within the contract period j) Price variation requests shall be processed by KenGen within 30 days of receiving the request subject to successful negotiation between the contracting parties. k) Price variation request must be made by the supplier to KenGen for consideration. The supplier shall state the factors affecting the prices to support the application. Arbitration where necessary shall be by the Chartered Institute of Arbitrators Kenya Chapter or other International body. The hourly fee for the Adjudicator shall be as determined by the Chartered Institute of Arbitrators (Kenya Branch). If the parties fail to agree upon the name of the Adjudicator, the appointment shall be made by the Chartered Institute of Arbitrators (Kenya Branch) at the request of either party. 47

48 GCC REF. SPECIAL CONDITIONS OF CONTRACT 3.15 Language of Administering Contract shall be English 3.17 All applicable Kenyan laws shall govern 3.17 Laws of Kenya 3.18 Notices to be addressed to: - Client: - Geothermal Development Director Kenya Electricity Generating Company Limited Olkaria Geothermal Plaza P.O. Box , Naivasha, Kenya Contractor: - To be determined after Tender Award 3.19 a) "Taxes" means all present and future taxes, levies, duties, charges, assessments, deductions or withholdings whatsoever, including any interest thereon, and any penalties and fines with respect thereto, wherever imposed, levied, collected, or withheld pursuant to any regulation having the force of law and "Taxation" shall be construed accordingly. b) Local Taxation i. Nothing in the Contract shall relieve the Contractor and/or his Sub- Contractors from their responsibility to pay any taxes, statutory contributions and levies that may be levied on them in Kenya in respect of the Contract. The Contract Price shall include all applicable taxes and shall not be adjusted for any of these taxes. 48

49 GCC REF. SPECIAL CONDITIONS OF CONTRACT ii. The Contractor shall be deemed to be familiar with the tax laws in the Employer's Country and satisfied themselves with the requirements for all taxes, statutory contributions and duties to which they may be subjected during the term of the Contract. iii. In instances where discussions are held between the Employer and the Contractor regarding tax matters, this shall not be deemed to constitute competent advice and hence does not absolve the Contractor of their responsibility in relation to due diligence on the tax issue as per above. c) Tax Deduction i. If the Employer is required to make a tax deduction by Law, then the deduction shall be made from payments due to the Contractor and paid directly to the Kenya Revenue Authority. The Employer shall upon remitting the tax to Kenya Revenue Authority furnish the Contractor with the relevant tax deduction certificates. ii. Where the Contractor is paid directly by the Financiers and the Employer is not able to deduct tax, then the Contractor will be required to pay the tax deduction to Kenya Revenue Authority in the name of the Employer and furnish the Employer with an original receipt thereof as evidence of such payment. In absence of the said evidence, the Employer will not process any subsequent payments to the Contractor. d) Tax Indemnity i. The Contractor shall indemnify and hold the Employer harmless from and against any and all liabilities, which the Employer may incur for any reason of failure by the Contractor to comply with any tax laws arising from the 49

50 GCC REF. SPECIAL CONDITIONS OF CONTRACT execution of the Contract whether during the term of the Contract or after its expiry. ii. The Contractor warrants to pay the Employer (within fourteen (14) days of demand by the Employer), an amount equal to the loss, liability or cost which the Employer determines has been (directly or indirectly) suffered by the Employer for or on account of the Contractor s Tax liability arising from the Contract. iii. Where the amount in above remains unpaid after the end of the fourteen (14) days moratorium, the Employer shall be entitled to compensation for financing charges. The rates and prices quoted by the Tenderer shall be fixed during the performance of the Contract SAFETY PROCEDURES The Contractor shall prepare and submit to Client Representative a SAFETY MANAGEMENT PLAN within 28 days after signing of the contract for Client Representative s concurrence. The Contractor shall deploy on site a qualified safety officer at all times PROTECTION OF THE ENVIRONMENT Contractor shall prepare and submit to the Client Representative an ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN (ESMP) within 28 days after signing of the contract for the Client Representative s concurrence. The Contractor shall deploy on site a qualified environmental officer at all times whose duties shall include management of the ESMP. 50

51 GCC REF. SPECIAL CONDITIONS OF CONTRACT 3.22 PROGRESS MEETINGS AND PROGRESS REPORTS Client Representative will require the Contractor to attend monthly progress meetings in order to evaluate the progress of ongoing works. The Contractor shall prepare Monthly Progress Reports that demonstrate activities of works undertaken to date, and activities undertaken in the focus month, pending works, any challenges, foreseen and unforeseen, recommendations and conclusion RATES OF WAGES AND CONDITIONS OF LABOUR The payroll records shall be available at all times for inspection by Client Representative and authorized Government officers at all times WORKING HOURS Working hours shall be 8:00am to 5:00pm from Monday to Friday. KenGen may normally require works on Saturday and Sundays. Works shall not be carried out in following public holidays except where advised. A. New year s day (1st January) B. Good Friday C. Easter Monday D. International Labour day (1st May) E. Madaraka day (1st June) F. Idd-Ul-Fitr G. Mashujaa day (20th October) H. Jamhuri day (12th December) I. Christmas day (25th December) J. Boxing Day (26th December) K. Other gazetted Public holidays (Assume 2 per year) 51

52 GCC REF. SPECIAL CONDITIONS OF CONTRACT 2.35 MINIMUM AMOUNT OF THIRD PARTY INSURANCE The minimum insurance covers, per occurrence with the number of occurrence unlimited. shall be; L. The minimum Insurance cover for person and property is KShs. 5 million M. The minimum insurance cover Contractors all risk is KShs 5 million N. Evidence of Insurance Contractor s All Risks. O. Relevant policies Contractor s All Risks 52

53 SECTION VII CONTRACTUAL REQUIREMENTS Scope of Works The scope of work covers all necessary civil works at both the Greater Olkaria Geothermal Fields and Eburru Geothermal Fields that the procuring entity may require to be performed and may include: Laying of assorted waterlines in various sizes Fabrication of waterline connections and bends Construction of masonry and reinforced concrete structures, including fine finishing, Screening, plastering, keying, backing, among others Tiling and roofing works Building finishing works Erection of temporary and permanent chain-link fences. The posts shall be of various sizes of timber and metallic and the chain link shall be of various sizes of 3 or 4 gauges and at least 7ft tall Pond lining using HDPE pond liners Rehabilitation of sites including, providing top soils, planting and irrigation of grass or other vegetation during site rehabilitation Bush clearing Drainage Works Protection works using gabion and stone pitching. Any works as may be advised and allocated to the Contractor from time to time Nature of Works Routine works that shall be executed on mostly regular basis and / or as when need arises. Construction Drawings The employer shall prepare construction drawings to be issued to the contractor whenever required 53

54 Instructions and Undertaking Works The contractor and or his representative labour should not execute any work until and unless it is authorized by the Employer's representative. Care should be taken not to damage any property/equipment by improper handling etc. the contractor shall be responsible for any damage or theft and shall have to make good to its original shape and description as and when damage/theft etc. takes place / is noticed. Working Hours In the event of the Client Representative consenting to work being carried out outside normal working hours, the contractor shall be responsible for payment of any additional costs for his staff. Working hours are 8:00am to 5:00pm from Monday to Friday except for Saturdays, Sundays and the following public holidays New year s day (1st January) Good Friday Easter Monday International Labour day (1st May) Madaraka day (1st June) Idd-Ul-Fitr Mashujaa day (20th October) Jamhuri day (12th December) Christmas day (25th December) Boxing Day (26th December) Other gazetted Public holidays (Assume 2 per year) Where so required, Client Representative shall request for works to be carried out during weekends, holidays and at odd hours of the day. Where such is the case, the Contractor may pay thier employees special rate for the extra hours worked during those hours. 54

55 Rejected Workmanship and Materials Any workmanship or materials not complying with the specific requirements or approved samples or which have been damaged, contaminate or have deteriorated must immediately be removed from the Site and replaced at the Contractor s expense, as required. Location and Extent of Project Site (s) Most Works shall be located within the Greater Olkaria Geothermal field and Eburru, both spread between Nakuru and Narok Counties The Contractor shall visit the sites and acquaint himself with its nature and position, the nature of the local conditions, positions of existing power, water and other services, access roads or any other limitations that might affect his cost or progress. No claims for extras shall be considered on account of lack of knowledge in this respect. Most sites within the Greater Olkaria Geothermal Fields are located within the Hells Gate National Park. Hell s Gate National Park is controlled and administered by the Kenya Wildlife Service (KWS). Hence, all Works associated with project shall comply fully with the requirements of KWS where it impacts upon operation of the National Park. The Contractor s vehicles and staff will be exempt from park entry fees for the purposes of performing their duties under this Contract. This is subject to the Contractor informing KWS and the Employer in advance regarding the regular vehicles that shall be in use. The Contractor s vehicles should be conspicuously labelled for ease of identity. This will facilitate efficient prior arrangements for free entry into the Park. The contractors staff shall bear names tags indicating their names and ID Numbers and signed by both the Contractor s superintendence and the employee. A copy of the Tag shall be kept by Client Representative Working within KWS National Park. Most sites are is located in Hells Gate National Park, which is managed by the Kenya wildlife Services (KWS). KWS usually require that any person or vehicle entering the park for whatever reason pays gate entry fees. The contractor is advised to make Game Park entry arrangements during site visit, however if awarded the contract, KenGen will make the necessary KWS Free Park entry arrangements to access the sites. In addition, the contractor is required to observe all rules of the Game Park. 55

56 Administrative facilities for the Contractor The Contractor shall establish a site office. KenGen shall provide a location where the Contractor will construct at his own cost (or as may be provided within the BOQ), a temporary operation site office in order to provide effective services. He will also meet all costs for connecting electricity, telephone, or any other mode of communication. However, the water to the office will be available to the Contractor free of charge provided the Contractor will meet the cost of connection from the nearest available point. KenGen will not guarantee the quality or be responsible for any consequences arising from the use of the water. Site and Progress Meetings After signing the contract by both parties, KenGen s representative shall call a Project Kick-Off Meeting to initiate commencement of the works where the contractor shall provide a detailed work program. It is a condition of this contract that site meetings shall be held regularly in the contract period on a date as agreed on. The Contractor and KenGen must be represented in those meetings. Other people may be co-opted to attend the meeting depending on the agenda. At the end of the project, there shall be a Project Hand over meeting Contract Administration The Contractor shall always endeavor to carry out the contract as detailed in this tender document. In order to minimize disputes especially those that emanate from failure to follow the specifications, both the Contractor s and KenGen s representative must visit daily all the areas under this contract and sign in a log book that everything is in order. Any adverse comments must be put in the log for future reference and both supervisors shall sign the log to signify that they are party to the comments inserted therein. In case any party does not agree with the comments put in the log by the other party, then he is at liberty to write his opinion and sign it. Management of the construction site The Contractor shall not use the Site for any purpose other than that of carrying out the Works. Where the Contractor is advised of limits of land available around the area of the main construction site, the Contractor shall have no rights to use areas outside these limits except for short periods and/or by such 56

57 arrangements with the owners as he shall elect to make. Surface to be inspected During the construction of any works and from the time of completion of the works, the contractor shall inspect the surfaces and if from whatever cause the surface is found to, have subsided the contractor shall make good the same at his own expense to Client Representative 's instructions. The Contractor shall at his own expense take every precaution to prevent slips and falls of materials or equipment in the works. In the event of any slips or falls occurring, the contractor shall restore the works and reinstate any parts of the works affected at his own expense and all to the Client Representative 's approval. Security, Watching and Lighting The Contractor shall take all necessary precautions such as temporary fencing, screens, etc., for the safe custody of the Works, materials and public and employer s property on the site. The Contractor shall employ competent watchmen and guard the works both by day and night. Uncovered areas and materials dump or other obstructions likely to cause injury to any person or animals shall be suitably fenced off or guarded to ensure that such incidences do not occur. The Contractor shall be responsible for any injury or loss to the Contractor, the Employer and any third parties or anyone else resulting from the contractor s actions or omissions in respect to safety and security. The Contractor shall provide at his own risk and cost all watching and lighting as necessary to safeguard the works, plant and materials against damage and theft. Protection of Works from Rain The works shall be so executed that should it be necessary to suspend work due to rain, no part thereof is left in such a state as to be liable to damage thereby. No claim by the Contractor arising out of the reinstatement of any damage caused by or incidental to rain shall be accepted. 57

58 Protection of Existing Services a) There are overhead, surface and underground services at the site including roads, water pipelines, sewage lines, electricity cable, telephone cables and fences. The contractor is advised to take due care while carrying out the work. The contractor shall also be responsible for identifying these services from the surface providers b) The Contractor shall acquaint himself with the position of all existing services on or adjacent to the site before commencing the works. c) Various above ground and underground services such as pipelines, cables and power lines may exist within the confines of the various areas of the Site. Whenever the Contractor has been advised of the approximate positions of such services and has to execute work adjacent to or concerning them, he shall be entirely responsible for locating the exact position of the services, either diverting or temporarily supporting them as agreed with the Client Representative, protecting them during the work and making good afterwards. d) He shall at his own expense ascertain in writing from the Statutory undertakers and other public bodies, companies and other persons who may be affected, the positions and depth of their respective ducts, cables, mains, pipes or other services. He shall thereupon search for and locate such service. e) If the works will interrupt any service passing through the Site, the Contractor shall provide a satisfactory alternative service in full working order to the satisfaction of the owner of the service and the Client Representative before cutting off the existing service. f) Except that such services are required to be removed or altered by virtue of the layout of the permanent work and not the manner in which the work is carried out shall be so removed or altered at the direction and at the expenses of the Employer. g) Client Representative must be informed in writing of any services exposed during repairs and the Contractor will be required to adequately support, restore and make good any services disturbed in the course of the works and shall be further liable for any damage which may be shown during the period of maintenance, to have arisen through the execution of these works. 58

59 Provision of Labour The Contractor shall provide casual labour services required for the execution of works described herein. The contractor shall note that works should be taken up in its true spirit, therein promptness, punctuality and professionalism are of utmost significance and which cannot be compromised upon. The workmen employed on the job shall be of polite nature and well-mannered. In case it is observed that one or more workmen are felt to impolite or badly behaved the Employer's representative is liable to issue notices to the contractor in writing directing immediate replacement such workmen. Labour Act and other governing laws of Kenya The contractor shall ensure full and total compliance with the Labour Act in the employment of his staff. Other governing laws of Kenya shall also apply to the letter. Gender Rule Subject to governing laws of Kenya, the contractor shall ensure compliance with the 1/3 rule regarding gender. Employment of Staff During the execution of this contract, the Contractor shall be mandated to offer employment opportunities to members of the local community upon advertisement at the KenGen s Liaison Office. Such persons may be skilled, semi-skilled or unskilled and shall be treated fairly and in the similar manner with regard to remuneration and work conditions as any other employee of the contractor. The Contractor is at his discretion to employ the best talent from the local community. Contractor s 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 59

60 directions and instructions from the Client Representative, and such directions and instructions shall be deemed to be given to the Contractor in accordance with the Conditions of Contract. The agent shall not be replaced without the specific approval of the Client Representative. Payment of Wages, Salary and other benefits The Contractor shall make prompt payment of wages, salary or other benefit to his employees every on a predetermined date of every month without delay The contractor shall keep updated register of salaries, wages or any benefit as paid out to their employees. The payroll records shall be available at all times for inspection by the Client Representative and authorized Government officers at all times Minimum Wage Subject to governing laws of Kenya, the contractor shall make payment to his staff ensuring that the Minimum Wage is adhered to. The Contractor must allow for special rate to employees who work over the holidays and weekends. Delayed or Non-payment of wages, salaries and other benefits Where the contractor fails to make timely payment of wages, salary or other benefits as has been determined, and an employee (ies) makes such complaint (s) known to KenGen through writing, the Contractor shall be instructed to write a written explanation as to why this arise. Where the Contractor severely delays or does not pay his employees, KenGen shall have the right to withhold their payments until all dues payments are made in full. Documentations P. Register of Employees The Contractor shall keep and maintain an updated register of all its employees, including name, ID number, address, designation, and days worked at all times. Shall register MUST be available for inspection and scrutiny by KenGen and Government Officers as may be required by them. 60

61 Q. Register of Employees Payments The Contractor shall keep and maintain an updated register of all its employees, payments of wages, salary and/or any other benefit at all times. These must be signed by the employees noting acceptance of such payments. Contractor s accommodation and transport a) The Contractor shall be responsible for all accommodation and transport needs of the Contractor s Personnel, taking note of any restrictions imposed by the Contract. b) The Contractor MUST provide adequate arrangements and provisions for the feeding and housing of the Contractor s personnel. c) The Contractor shall be responsible for the provision of housing for his own labour, including the land on which such housing is located. The Employer will not make available any land for the construction of a labour camp. d) The Contractor shall also be responsible for provision of all services including, but not limited to, the staff facilities. e) The Contractor shall not be permitted to construct any camp providing sleeping accommodation within site area f) The Contractor is responsible for staff entry and exit from the Olkaria and MUST provide a means of transport to the staff. g) The use of open Lorries or pickup trucks for the transport of Contractor s labour SHALL NOT be allowed under this Contract. h) The Contractor s attention is drawn to the requirements that they shall use buses/vans etc. fitted with safety belts (for all occupants) and speed limiting devices to 80km/hr. and that all persons travelling in vehicles must be seated. 61

62 i) The Contractor shall comply with the Kenyan traffic laws and regulations and shall obtain the approval of the Transport Licensing Board in respect of the transportation of labour for the Contract. Drinking Water for Staff The Contractor shall be required to provide safe, portable drinking water to staff at all times when they are in the field. Safety and Environment Requirements The Contractor shall at all times execute the works in a safe and secure manner and actively practice safety through the term of the Contract and shall comply with the applicable legal and other requirements including the KenGen-KWS Memorandum of Understanding. This will include having a standby vehicle at the site to serve in case of an emergency. The contactor will report all the accidents/incidents and near misses to safety offices for necessary actions. The formulation and enforcement of an adequate safety and environmental management program shall be the obligation of the Contractor with respect to all the Works under this Contract, regardless of whether performance by the Contractor or his subcontractors. The Contractor shall, within 14 days after commencement of the works, meet the Client Representative to present and discuss his plan for the establishment of such safety and environmental protection measures as may be necessary to provide against accidents, unsafe acts and so forth. Within 28 days after commencement of the works, the Contractor shall submit a written safety and environmental management program to the KenGen covering the overall Works and based on the laws and regulations of Kenya. In addition, he shall prepare special safety programs for working within electricity generating and geothermal exploration facilities. The Contractor shall dispose waste in compliance with the Environmental Management and Coordination (Waste Management) Regulations, The contractor may request KenGen to provide a disposal yard for waste collected when clearing the site and during construction of work and also for any surplus material not required on site. 62

63 Safety at site The Contractor shall be responsible for the safety of all activities and his employees on the Site. Work is to be executed in a safe and responsible manner and the construction is to proceed in accordance with the provision of the appropriate legislation. Occupational, Health and safety requirements; Safety Precautions and First Aid The Contractor shall provide adequate and easily accessible Fist Aid Equipment on site. The Contractor shall be responsible for the management of health and safety of his employees on the construction site. Personal Protective Equipment The Contractor shall be required to comply with all safety regulations and provide his staff with adequate and required PPE s which he shall ensure that are worn at all times his staff are working in the field. KenGen shall continuously monitor to ensure that all safety regulations are adhered to and deviations from these safety regulations shall prompt KenGen to take action accordingly. Environmental Protection The Contractor shall ensure so far as is reasonably practicable and to the satisfaction of the Client Representative; that the impact of the construction on the environment shall be kept to a minimum and that appropriate measures are taken to mitigate any adverse effects during the construction. a) After extraction of materials, all borrows pits shall be backfilled to the satisfaction of the Client Representative. In particular, borrow pits near the project road shall be backfilled in such a way that no water collects in them. b) Spilling of bitumen fuels Oils and other pollutants shall be cleared up. c) Including removal of excavated material from the pavement to spoil. 63

64 Materials & Waste Disposal; Disposal of construction wastes a) The contractor shall sort out and dispose construction and domestic wastes in accordance to the employer s guidelines. The contractor shall consult the employer project Client Representative for guidelines b) Existing equipment, fittings and materials such as electrical fittings, pipes etc. to be removed for replacement or relocation belong to the Employer. The contractor shall remove them carefully and hand them over to the Employer. c) Very little waste is expected during performance of this contract. The Contractor shall dispose waste according to the laws of Kenya. The contractor may request the Employer to provide a disposal yard for rubbish collected when clearing the site and during construction of work and also for any surplus material not required on site. Leave Works Clean On completion of the Works, or if directed by the Client Representative on completion of any portion thereof, the Contractor shall carefully restore to the original condition of the ground, and other structures that may have been interfered with in any way by him or his employees and shall remove all rubbish, tools and materials which are not required, so as to leave the works and site in clean and orderly condition, such work being carried out by the Contractor without extra charge over and above his scheduled rates for the execution of the works. Working alongside other KenGen Staff The Contractor shall work alongside other KenGen staff. Items to be made available by the Employer KenGen shall make available to the Contractor required materials necessary and applicable for the contractor to undertake the works and as defined within the scope of the intended works Items to be made available by the Contractor The Contractor shall make available, where upon issued works instruction, requisite Skilled and 64

65 Unskilled Labourers required for the execution of the works, all necessary materials, tools of trade and applicable equipment that shall be required to execute the works. Insurance The Contractor shall be responsible for and shall take out appropriate cover against, among other risks, personal injury; loss of or damage to the Works, materials and plant; and loss of or damage to property. All the workmen engaged for the work shall be group insured during the period of contract. In case, the contract is extended beyond the period stipulated in the agreement, the contractor shall extend the group insurance to the extended period of contract. The contractor shall be fully responsible for settling all claims and indemnify the Employer against any claims arising out of any accidents to the hired staff/labours. Indemnity The Contractor shall indemnify and keep indemnified KenGen, its servants or agents against loss of or damage to property or bodily injury sustained by it or them by reason of any act, omission or neglect of the Contractor its servants or agents whilst performing their duties within the scope of their employment with the Contractor and against the dishonesty of such security officers or personnel whilst performing their duties within the scope of their employment, which shall include any loss, damage, injury or any consequential or indirect loss sustained by KenGen its servants or agents or third parties lawfully on the premises by reason of any act or omission or neglect of the Contractor its servants or agents. 65

66 SECTION VII TECHNICAL SPECIFICATIONS LANDSCAPING AND REHABILITATION Basic Requirements: Provide all equipment services and transport i.e. Tractors with Trolleys, Water Tankers, Levelers, Spray Pumps, etc as required for the project Provide topsoil for all plants Provide manure Preparation of disturbed sites Transplanting, if any. Proper disposal of debris and other unused materials Nomenclature-The names of the plant species should conform to standardized botanical names approved by KWS. All the plants to be used shall be as approved by the Client Representative. Plant material Grass, Trees etc. Quality and general requirements of plants: Plants shall be typical of their species and variety with normal growth habits, well developed branches, densely foliated with vigorous and fibrous root systems. Plants shall be free from disease and insects. Plants shall be grown in pots/bags. Plants shall have been grown under climatic conditions similar to those in locality of project. Nursery grown plants shall have been at least once transplanted. No plant shall be delivered to the project site, except for required samples, until inspection has been made in the field or at the nursery or unless specifically authorized in writing by the Client Representative. All plants shall be hardy under climatic conditions similar to those in the locality of the project. When plants of kinds or sizes specified are not available, substitution may be made upon request by the contractor if approved by the Client Representative. All plants should be strong sufficiently to stand straight without any support, but exceptional trees, soon 66

67 after planting shall be properly supported to ensure their safety against wind or other factors which may affect it adversely. Planting Operations: Planting shall be done by experienced workmen familiar with planting procedures under the supervision of a qualified foreman. Immediately after planting spray the soil with water to settle. Guarantee Period: All seedlings shall be guaranteed by the contractor for the duration of the contract. During this time any plant which dies due to natural causes or does not grow sufficiently shall be replaced free of cost by the contractor. The sites may vary and all works will be paid per square meter per completed site and per square meter per completed section for all the access roads as instructed by the Client Representative. CHAIN LINK FENCE AND GATES Chainlink: Install fence by properly trained crew, on previously prepared surfaces, to line and grade as per KenGen s approved technical drawings and specifications. Posts: The fencing posts shall be of timber, GI or steel pipes CONCRETE WORKS There shall be no change in dimensions of the cellar unless instructed by the Client Representative Concrete: Concrete cubes shall be tested at the contractor s cost as per the Client Representative s instructions. 67

68 Reinforcement Bars: As per drawings and or bending schedule. Formwork: All formwork used shall be flash, straight and able to give a fair finish. Construction: All construction for cellars shall be as per the standard drawings. Minor modifications shall be made from time to time as per each rig s requirements. WATERLINES a) Laying of the waterline and coupling: The Victaulic pipes shall be jointed using Victaulic coupling. No separate payment shall be made for site clearance for the waterline and small excavations for pipe re-alignment. b) Damage/Loss of Materials: The cost of materials misused or misplaced shall be payable by the Contractor to KenGen. The cost of the missing, damaged and misplaced parts of the waterline i.e. couplings, gaskets, bolts and nuts and the water pipes shall be either directly invoiced to the contractor or the equivalent amount be deducted from the monthly payment certificate. c) Testing of the line: Upon completion of laying of the waterline, flushing and pressure testing of the line shall be carried out in the presence of KenGen s Representative and hand over form signed accordingly. The handover form shall form part of the final document submitted for Payment. d) Means of transporting the pipes: The contractor shall provide a truck to transport the pipes as instructed. Loading and unloading the pipes shall be done carefully to avoid damaging the pipes. 68

69 e) Guarantee: The contractor shall give a thirty-six (36) hours guarantee of the pipeline after full transmission of water. Any burst and/or leakages that shall occur shall be repaired at the contractor s cost. 69

70 SECTION VII PREAMBLE TO SCHEDULE OF PRICES 1.0 GENERALLY a) Local Legislation. The Bidder s attention is drawn to the requirement of THE FACTORIES (BUILDING OPERATIONS AND WORKS OF ENGINEERING CONSTRUCTION) RULES, 1978, CAP 514, of the Laws of Kenya (and as amended from time to time), which are to be strictly complied with at all times. b) Bidder s Obligations - The Bidder shall treat the contents of these documents as private and confidential. c) The copyright of these Bills of Quantities is vested with KenGen and no part thereof may be reproduced without their express written permission. d) The Bidder shall neither insert additional items in to the Schedule of Rates nor make any alterations to the item descriptions and quantities, unless where expressly authorized. e) The Bidder shall not alter or otherwise qualify the text of this Tender Document/BOQ. Any unauthorized alternations or qualifications shall be ignored and the text of the documents as printed will be adhered to. Any comments which the Bidder desires to make shall not be placed in the annexed documents, but shall take the form of a separate statement in English language as briefly as possible and giving reference to page, clause or item number of the tender documents. f) The Bidder shall be presumed to have made allowance in his prices generally to cover items of preliminaries or additions to prime cost sums or other items if these have not been priced against the respective items. g) All items of measured work shall be priced in detail and tenders containing lump sums to cover trades or groups of work shall be broken down during execution to show prices of each item before they will be accepted. Lump sums to cover items of preliminaries shall likewise be broken down if so required. h) Site Conditions and Visit 70

71 i) Notwithstanding the fact that surveys have been made, each Bidder must make local and independent examination and inquiries as to the physical conditions prevailing at the Site and each Bidder shall obtain his own information regarding all matters and things that may in any way influence him in making a tender and fixing the prices to be inserted in these document. j) Each Bidder shall satisfy himself as to the risks, obligations and responsibilities to be undertaken in the Contract to be entered into by him should his tender be accepted. k) The costs and charges incurred by the Bidder in connection with the above-mentioned visit to the Site shall be borne by the Bidder. 1.1 Terms of Contract This is a rates only contract. Actual works to be carried out as per Client Representatives Instructions. Payments due shall be of actual work undertaken and completed. 1.2 Complementary Documents The attention of the Contractor is explicitly directed to the Conditions of Contract, Technical Specifications, Scope and Description of Works and Tender Drawings that are to be read in conjunction with the Bills of Quantities and its Preamble. No other external documents shall be used for any references Method of Measurement The Bills of Quantities have been prepared in accordance with the general principles of the 2 nd Ed. Method of Measurement of Building Works for East Africa, Chapter of Quantity Surveyors, and applies equally to the Measurement of proposed works and of variations. The Works as executed shall be measured for payment in accordance with the method adopted in the Bills of Quantities / Schedule of Rates and under the item as therein set forth. The Contractor shall be responsible for furnishing the Client Representative with exact quantities of Works and/or materials he has executed per day or per specific work. The employer s Client 71

72 Representative shall verify these works and approve. The contractor s rate shall include for the complete execution of the works as depicted on drawings and as specified in Technical Specifications. The net measurement or weight of the finished work in place shall always be taken and except where otherwise stated or where separate items are provided, no allowance shall be made for cutting, waste, laps, circular work, etc. and no deductions shall be made for grout nicks, joggle holes, rounded arises or for linkages for fitting ironwork and the like. Payment shall be effected only for those materials that are incorporated in the permanent works and taken over the stocks as stipulated in the specifications to the approval of the Client Representative Unless specific items have been provided for in the Bill of Quantities, no separate measurement shall be made in respect of items whether specified or not requiring mortar/sealant, assembling, building in or fixing to concrete, block-works, metal work or timber, painting and protective treatment, welding, drilling, bolting inclusive of bolts, nuts and washers, screws, nails and plugs, jointing and joint materials, box out and filling thereof, grouting, packing, bedding, insulation between different metals, making good, conduits and fittings, cutting, waste, labour materials and all incidental work to the items concerned and their surroundings Units of Bill of Quantities In metric units, 1.5. Extent of Works Notwithstanding any limits that may be implied by the wording of the individual items and /or explanation provided in this preamble, it is to be clearly understood by the contractor that the rates and sums that are entered in the Bills of Quantities shall be for the work FINISHED WORKS COMPLETE in every respect, without compromise or otherwise. The bidder shall be deemed to have taken full account of all requirements and obligations whether expressed or implied, covered by all parts of this Tender and to have priced the items herein accordingly. 72

73 The rates and sum shall therefore be included for all incidental and contingent expenses and risks of every kind necessary to construct, protect the works (including curing of all concrete works etc. and protection from accidental damage) complete works and maintain the whole of works in accordance with the Contract. Full allowance shall be made in the rates and/or sums inter alias that are referred to and/or specified herein. Compliance with all Local Authority / County / Country regulations Paying fees and giving notice to authorities, public etc. Payment of all patent rights and royalties Safety precautions and all measures to prevent and suppress fire and other hazards during implementation Reinstatement of the site on completion of works to the satisfaction of the Client Representative Maintenance of access to the existing roads in a motor able status and waterways during the period of construction Cost of design based on tender drawings, preparation of working drawings and related data for materials, steel works, electrical works, mechanical works, pipe works and equipment all ancillary parts, minor fittings, bolts, nuts, gaskets, washers, fixing, etc., joining materials, protective coatings and sleeving s and other relevant items not specifically listed but necessary for proper installation of the materials, pipe works and equipment (applicable to materials supplied by the contractor) site investigations that may be necessary for proper and complete execution all setting out and survey works Provision of temporary services such as water supply, electricity, fencing, watching, lighting; etc. Interference to the works by persons, vehicles, vessels and the like using the existing land and water facilities works in connection with the protection and safety of adjacent structures supplying, maintaining and removing on completion contractor s own accommodation, offices, stores, workshops, transport, welfare services and all charge in connection therewith unless otherwise directed by the Client Representative 73

74 working in dry conditions including dewatering if required except where otherwise permitted by the specification maintaining public roads and footpaths, and maintaining access upon existing roads or recognized routes Supply, inspection, sampling and testing of materials and of the Works under construction including the provision and use of equipment. except where separate items are provided for bringing plant to the site and removing on completion, for providing transporting to site, setting to work operating (including all fuel and consumable stores), maintaining and removing from the site upon completion all construction plant and equipment necessary for the execution of the work including the cost of all tests and other requirements in respect to such plant and equipment recruitment, bringing to and repatriate from the site, accommodating and feeding and all other incidental costs and expenses involved in the provision of all necessary skilled and unskilled labour and supervision Supporting faces of excavation temporary or permanent shoring, shuttering and scaffolding etc. costs of packing, protection, storage, insurance and related documentation for shipment to Kenya for materials, pipes, fittings, equipment, etc. cost of unloading at port, road transport to site, offloading, stacking and storage in suitable sheds, double handling as needed at site for materials, pipes, fittings, equipment, etc. No claim shall be considered for further payment in respect of any work or method of execution, which may be described in the Contract or is inherent in the construction of the work and detailed on the drawings on account of; items that have been omitted from the Bill of Quantities, but depicted on the drawings any omission from the wording of the items or from a clause in the Preamble or no mention of such work or method of execution having been in the Preamble Items against which no rates or sum is entered by the contractor whether quantities are stated or not shall not be paid for when executed, but will be regarded as covered by other rates in the Bill of Quantities. The contractor shall be deemed to have taken into account all of the following in his tender prices and his construction programmes. 74

75 all recognized holidays, festivals, religious and other local customs any stoppage of work or delays due to adverse weather conditions 2.0 RATES AND PRICES Rates and Sums This is a rates only contract. Contract shall enter only unit prices to as the rates for undertaking a particular work. Taxes and Duties The contractor rates shall be inclusive of all local taxes and duties. 16% VAT & Withholding Tax The Contractors rates shall be inclusive of 16% VAT, 3% Withholding Tax (WT). Quantities Quantities have not been included in this Tender. This is a rates only tender. Protection of Completed Work and Clearing upon Completion The Contractor shall allow in his rates for protecting completed work from subsequent operations, making good of all damage to completed work, clearing away all rubbish as it accumulates and leaving the site in a tidy condition to the satisfaction of the Client Representative 6.0 SCHEDULES a) All relevant items in the Bills of Quantities must be priced in indelible Ink. No alterations of the Quantities or descriptions made by the Bidder will be allowed. b) The Bidder shall complete all the schedules entirely. The schedules shall be read in conjunction with the specifications and the drawings. 75

76 c) The total prices in the main summary of price schedules shall be deemed to include all obligations under the Contract including and not limited to labour, supply of materials, equipment, apparatus, fittings, spares, tools, all construction works, wastages insurance, delivery to site, storage, installation, testing, 16% V.A.T, 3& WT, commissioning etc. etc. in accordance with specification d) Any prices omitted from any section or part of price schedule shall be deemed to have been included in another item, section or part and no clarification shall be sort from the Bidder with regard to the noted omission during evaluation stage and the Bidder cannot and shall not make claim against such omission in case he is the successful bidder. e) All prices shall be in local Kenya currency, shall be duty paid and shall also be inclusive of all taxes current at the time of tendering f) The Contractor shall be deemed to have satisfied himself before tendering as to the correctness and sufficiency of his tender for the Works and of the rates and prices stated in the priced Bills of Quantities, which rates and prices shall cover all his obligations under the Contract and all matters and things necessary for the proper completion and maintenance of the Works. 76

77 SECTION VIII SCHEDULE OF RATES BILL DESCRIPTION UNIT RATE 1.0 BILL OF QUANTITIES NO. 1 - REHABILITATION WORKS All materials for these works shall be provided and transported to the site by the contractor 1.1 Bush clearing along road reserves and cart away spoil material to approved dump sites or as shall be instructed by the Client Representative. SM 1.2 Prepare the ground including hoeing, provision of topsoil and manure, grass planting as instructed by the Client Representative. Watering of the plants to continue until they are self-sustaining. SM 2.0 BILL OF QUANTITIES NO. 2 FENCING WORKS All materials for these works shall be provided by KenGen and transported to the site by the contractor from the Civil Workshop/ Yard; 2.1 Installation of the chain-link fence with posts concreted at the bottom (Permanent Fences) LM 2.2 Installation of the chain-link fence with posts not concrete at the bottom (Temporary Fence) LM 77

78 BILL DESCRIPTION UNIT RATE 2.3 Removal of existing chain-link fences. LM 2.4 Installation of a double leaf gate of all sizes. NOS 3.0 BILL OF QUANTITIES NO. 3 - BUILDING WORKS All materials for these works shall be provided by KenGen and transported to the site by the contractor from the Civil Workshop/ Yard except transportation of rock-fill for gabion works which will be executed by KenGen 3.1 Mixing and placing of concrete in all classes including bending and fixing of required reinforcement bars in all sizes and form-working CM 3.2 Construction of all sizes of masonry walls using natural quarry stones (shaping required), machine cut masonry stones, blocks, bricks, etc., including finishing by keying & pointing as shall be instructed by the Client Representative. SM 3.3 Placing 25-50mm cement-sand screed / plaster finish to walls & floors in approved ratios, trowelled smooth. SM 3.4 Laying of all types of floor/ wall tiles including 15mm cement-sand (1-4) screed backing SM 78

79 BILL DESCRIPTION UNIT RATE 3.5 Construction of a concrete cellar (as per attached drawings) complete with all the necessary formwork, cutting, bending and fixing of the reinforcement bars. The rate to include the cost of laying and joining of the drainage casing. NOS 3.6 Painting works, including preparing surface to receive paint and preparing and applying paint in layers for undercoat and finishing coats. SM 4.0 BILL OF QUANTITIES NO. 4 - WATERLINES All materials for these works shall be provided by KenGen and transported to the site by the contractor from the Civil Workshop, Yard or sites to which they are located. Backfilling on road crossings shall be done by KenGen; 4.1 Uncoupling, Loading, Transportation and Offloading of 10" Victaulic pipes. The maximum transportation distance is 30 KM LM 4.2 Ditto but for 8'' LM 4.3 Ditto but for 6'' LM 79

80 BILL DESCRIPTION UNIT RATE 4.4 Laying and coupling of 10 Victaulic Pipes including all the necessary fittings LM 4.5 Ditto but 8 LM 4.6 Ditto but 6 LM 4.8 Fixing of waterline pipes in assorted sizes and materials from ¼ to 4 sizes including all applicable accessories to ensure complete works.. LM 5.0 BILL OF QUANTITIES NO. 5 - DRAINAGE WORKS All materials for these works shall be provided by KenGen and transported to the site by the contractor from the Civil Workshop/ Yard 5.1 Lay and joint 450mm diameter concrete culverts, including excavation and concrete for headwalls, wing wall, apron, toe walls and drop inlets and concrete hunching class 20/30, backfill and compaction as required. LM 5.2 Ditto but 600mm diameter LM 5.3 Ditto but 900mm diameter LM 80

81 BILL DESCRIPTION UNIT RATE 5.4 Clean culverts and drainage structures to free flowing conditions. LM 5.5 Installation of the pond liners including jointing works SM 6.0 BILL OF QUANTITIES NO. 6 TIMBER WORKS AND ROOFING WORKS All materials for these works shall be provided by KenGen and transported to the site by the contractor from the Civil Workshop/ Yard 6.1 Fixing of all sizes of timber members to roofing and other required structures LM 6.2 Fixing to place of all types roofing materials including but not limited to roofing sheets, decry, tiles, shingles etc. SM 6.3 Placing of all types of ceilings SM 7.0 BILL OF QUANTITIES NO. 7 - PROTECTION WORKS All materials for these works shall be provided by KenGen. Rock fill shall be delivered to the required site by KenGen. All other materials to be delivered to the 81

82 BILL DESCRIPTION UNIT RATE required site by the Contractor from the Civil Workshop / Yard 7.1 Installation of gabions mattresses of applicable sizes including all necessary accessories and rock fill as instructed CM mm Thick stone pitching works SM 82

83 SIGNED: BILL OF QUANTITIES To be filled in block letters Company Name ) COMPANY ADDRESS: Physical ) ) ) ) ) Phone ) NAME OF REPRESENTATIVE (With Power of Attorney) ) Sign ) ) Phone ) Date (DD-MM-YYYY) ) Company/Firm Stamp ) 83

84 SECTION IX - STANDARD FORMS 84

85 SITE VISIT CERTIFICATE This is to certify that (IN BLOCK LETTERS) Name: Cell Phone No: Being the authorized representative of (IN BLOCK LETTERS) M/S [Firm/Company] Official Tel No Official Participated in the organized inspection visit of the site of the works for: Held on Day of 20 To be filled by KenGen Representative Signed (KenGen s Representative) (Name of KenGen s Representative) (Designation) NOTE: This form is to be completed at the time of the organized site visit. Bidder to bring along with him duly filled site visit certificate during the site visit 85