KENYA ELECTRICITY GENERATING COMPANY LIMITED KGN-GDD

Transcription

1 KENYA ELECTRICITY GENERATING COMPANY LIMITED KGN-GDD TENDER FOR STRUCTURAL REHABILITATION OF OLKARIA II GEOTHERMAL POWER STATION (OPEN NATIONAL) Kenya Electricity Generating Company Limited Stima Plaza Phase III, Kolobot Road, Parklands P.O. BOX NAIROBI. Website: June,

2 TABLE OF CONTENTS SECTION I: INVITATION FOR TENDERS (IFT) ERROR! BOOKMARK NOT DEFINED. SECTION II: INSTRUCTION TO TENDERERS SECTION III: TENDER DATA SHEET (TDS) SECTION IV: GENERAL CONDITIONS OF CONTRACT SECTION V: SPECIAL CONDITIONS OF CONTRACT SECTION VI: WORKS SPECIFICATIONS, REQUIREMENTS AND CONTRACTUAL OBLIGATIONS SECTION IX: PREAMBLE TO TENDERING SECTION X: BILL OF QUANTITIES SECTION XI: STANDARD FORMS SITE VISIT CERTIFICATE FORM OF TENDER NOTARIZED POWER OF ATTORNEY MANDATORY ELIGIBILITY & QUALIFICATION DATA; TENDER QUESTIONNAIRE MANDATORY CONFIDENTIAL BUSINESS QUESTIONNAIRE Financial Information Turn-Over Proposed Work Plan & Methodology Programme of Works Drawings and Documentation to be Submitted with Tender Contractor s Equipment Particular Experience Record of the Tenderer Key Personnel Error! Bookmark not defined. CVs of Key Personnel Contractors and Suppliers Quality Assurance Details Deviations from Specifications Details of Subcontractors SECTION XII: SECURITY FORMS TENDER-SECURING DECLARATION FORM TENDER SECURITY (BANK GUARANTEE) PERFORMANCE BANK OR INSURANCE GUARANTEE [UNCONDITIONAL] ADVANCE PAYMENT GUARANTEE FORM OF CONTRACT AGREEMENT INTEGRITY DECLARATION ANTI-CORRUPTION DECLARATION PLEDGE APPLICATION TO PUBLIC PROCUREMENT ADMINISTRATIVE REVIEW BOARD ANNEX B: FORM OF DISPUTE ADJUDICATION AGREEMENT

3 SECTION I INVITATION TO TENDER The Company invites sealed tenders from eligible candidates for Structural Rehabilitation of Olkaria II Geothermal Power Station whose specifications are detailed in this 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; wnyangweso@kengen.co.ke; fkawa@kengen.co.ke The document can be viewed and downloaded from the website and Bidders who download the tender document from the website are advised to forward their particulars to facilitate any subsequent tender clarifications and addenda. Downloaded copies are free of charge. 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 STRUCTURAL REHABILITATION OF OLKARIA II GEOTHERMAL POWER STATION 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: (27 th June,2018, 2.00pm)Tenders will be opened on 27 th June,2018, 2.30pm) in the presence of the candidates representatives who choose to attend at Stima Plaza III, Executive Committee Room, 7 th Floor. The company reserves the right to vary the quantities. N/B: KenGen adheres to high standards of integrity in its business operations. Report any unethical behavior immediately to the provided anonymous hotline service. 1) Call Toll Free: ) Free Fax: ) kengen@tip-offs.com 4) Website: SUPPLY CHAIN DIRECTOR 3

4 SECTION II: INSTRUCTION TO TENDERERS A. Introduction 1. Scope of tender 1.1 The Procuring Entity indicated in the Tender Data Sheet (TDS) invites Tenders for the construction of works as specified in the Tender Data Sheet 1.2 The successful Tenderer will be expected to complete the works by the completion date indicated. 1.3 The objectives of the works are listed in the (Technical Specifications) 2. Eligible Tenderers 2.1 A Tenderer may be a natural person, private or public company, government-owned institution, subject to sub-clause 3.4 or any combination of them with a formal intent to enter into an agreement or under an existing agreement in the form of a joint venture, consortium, or association. In the case of a joint venture, consortium, or association, all parties shall be jointly and severally liable. 2.2 The Invitation for Tenders is open to all Contractors as defined in the Public Procurement and Assets Disposal Act, 2015 and the Public Procurement and Disposal Regulations, 2006 except as provided hereinafter. 2.3 National Tenderers shall satisfy all relevant licensing and/or registration with the appropriate statutory bodies in Kenya, such as the Ministry of Public Works, National Construction 4

5 Authority or the Energy Regulatory Commission. 2.4 A Tenderer shall not have a conflict of interest. All Tenderers found to have a conflict of interest shall be disqualified. A Tenderer may be considered to have a conflict of interest with one or more parties in this Tendering process, if they: a) Are associated or have been associated in the past directly or indirectly with employees or agents of the Procuring Entity or a member of a board or committee of the Procuring Entity; b) Are 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 works under this Invitation for Tenders; c) Have controlling shareholders in common; or d) Receive or have received any direct or indirect subsidy from any of them; or e) Have the same legal representative for purposes of this Tender; or f) Have a relationship with each other, directly or through common third parties, that puts them in a position to 5

6 have access to information about or influence on the Tender of another Tenderer, or influence the decisions of the Procuring Entity regarding this Tendering process; or g) Submit more than one Tender in this Tendering process. However, this does not limit the participation of subcontractors in more than one Tender, or as Tenderer and subcontractor simultaneously. 2.5 A Tenderer will be considered to have a conflict of interest if they participated as a consultant in the preparation of the design or technical specification of the project and related services that are the subject of the Tender. 2.6 Tenderers shall not be under a declaration of ineligibility for corrupt and fraudulent practices issued by the Government of Kenya in accordance with TDS and GCC 2.7 Government owned enterprises in Kenya may participate only if they are legally and financially autonomous, if they operate under commercial law, are registered by the relevant registration board or authorities and if they are not a dependent agency of the Government. 2.7 Tenderers shall provide such evidence of their continued eligibility satisfactory to the Procuring Entity, as the Procuring Entity shall reasonably request. 3. One Tender per 3.1 A firm shall submit only one Tender, in the same Tendering process, either individually as a Tenderer or as a partner in a 6

7 Tenderer joint venture pursuant to ITT Clause No firm can be a subcontractor while submitting a Tender individually or as a partner of a joint venture in the same Tendering process. 3.3 A firm, if acting in the capacity of subcontractor in any Tender, may participate in more than one Tender but only in that capacity. 3.4 A Tenderer who submits or participates in more than one Tender (other than as a subcontractor or in cases of alternatives that have been permitted or requested) will cause all the Tenders in which the Tenderer has participated to be disqualified. 4. Alternative Tenders by Tenderers 4.1 Tenderers shall submit offers that comply with the requirements of the Tendering documents, including the basic Tenderer s technical design as indicated in the specifications and Drawings and Bill of Quantities. Alternatives will not be considered, unless specifically allowed for in the Tender Data Sheet. If so allowed, sub-clause 4.2 and 4.3 shall govern. 4.2 When alternative tenders are explicitly invited, a statement to that effect will be included in the Tender Data Sheet as will the method of evaluating different times for completion. 4.3 If so allowed in the Tender Data Sheet, Tenderers wishing to offer technical alternatives to the requirements of the 7

8 Tendering documents must also submit a Tender that complies with the requirements of the Tendering documents, including the basic technical design as indicated in the specifications. In addition to submitting the basic Tender, the Tenderer shall provide all information necessary for a complete evaluation of the alternative by the Procuring Entity, including technical specifications, breakdown of prices, and other relevant details. Only the technical alternatives, if any, of the lowest evaluated Tenderer conforming to the basic technical requirements shall be considered by the Procuring Entity. 5. Cost of Tendering 5.1 The Tenderer shall bear all costs associated with the preparation and submission of its Tender, and the Procuring Entity shall in no case be responsible or liable for those costs, regardless of the conduct or outcome of the Tendering process. 6. Site Visit and Pre- Tender Meeting 6.1 The Tenderer, at the Tenderer s own responsibility and risk, shall visit and examine the Site of Works and its surroundings and obtain all information that may be necessary for preparing the Tender and entering into a contract for construction of the Works. The costs of visiting the Site shall be at the Tenderer s own expense. 6.2 The Procuring Entity shall conduct a site visit and a pre-tender meeting. The purpose of the pre-tender meeting will be to clarify issues and to answer questions on any matter that may be raised at that stage. 6.3 The Tenderer s designated representative is invited to attend a 8

9 site visit and pre-tender meeting which, if convened, will take place at the venue and time stipulated in the Tender Data Sheet. 6.4 The Tenderer is requested as far as possible, to submit any questions in writing or by electronic means to reach the procuring Entity before the pre-tender meeting. It may not be practicable at the meeting to answer all questions, but questions and responses will be transmitted in accordance with sub- Clause Minutes of the pre-tender meeting, including the text of the questions raised and the responses given together with any responses prepared after the pre-tender meeting will be transmitted within the time stated in the Tender Data Sheet to all purchasers of the Tendering documents. Any modification of the Tendering documents listed in sub-clause 8.1 that may become necessary as a result of the pre-tender meeting shall be made by the Procuring Entity exclusively through the issue of an Addendum pursuant to ITT sub Clause 10.2 and not through the minutes of the pre-tender meeting. 6.6 Non-attendance during the site visit or pre-tender meeting will not be a cause for disqualification of a Tenderer unless specified to the contrary in the Tender Data Sheet. 9

10 B. Tendering Documents 7.0 Content of Tendering Documents 7.1 The works required, Tendering procedures, and contract terms are prescribed in the Tendering Documents. In addition to the Section I Invitation for Tenders, Tendering documents which should be read in conjunction with any addenda issued in accordance with ITT sub Clause 9.2 include: Section II Section III Section IV Section V Section VI Section VII Section VIII Section IX Section X Instructions to Tenderers Tender Data Sheet General Conditions of Contract Contract Data Sheet Specifications Drawings Bill of Quantities Forms of Tender Appendix o Form of Tender o Appendix to Tender o Confidential Business Questionnaire o Integrity Declaration o Letter of Acceptance o Form of Contract Agreement Forms of Security o Tender Security Form 10

11 o Performance Bank or Insurance Guarantee o Advance Payment Guarantee 7.2 The number of copies to be completed and returned with the Tender is specified in the Tender Data Sheet. 7.3 The Invitation for Tenders (Section I) issued by the Procuring Entity is not part of the Tendering Documents and is included for reference purposes only. In case of discrepancies between the Invitation for Tenders and the Tendering Documents listed in sub-clause 7.1 above, the said Tendering Documents will take precedence. 7.4 The Procuring Entity is not responsible for the completeness of the Tendering Documents and their addenda, if they were not obtained directly from the authorized staff of the Procuring Entity. 7.5 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. 8. Clarification of Tendering Documents 8.1 A prospective Tenderer requiring any clarification of the Tendering documents may notify the Procuring Entity in writing, or facsimile at the Procuring Entity's address indicated in the Tender Data Sheet. 11

12 8.2 The Procuring Entity will within the period stated in the Tender Data Sheet respond in writing to any request for clarification provided that such request is received no later than the period indicated in the Tender Data Sheet prior to the deadline for the submission of Tenders prescribed in sub-clause Copies of the procuring entity's response will be forwarded to all Purchasers of the Tendering documents, including a description of the inquiry, but without identifying its source. 8.4 Should the Procuring Entity deem it necessary to amend the Tendering documents as a result of a clarification, it shall do so following the procedure under ITT Clause 9 9. Amendments of the Tendering Documents 9.1 Before the deadline for submission of Tenders, the Procuring Entity may, for any reason, whether at its own initiative or in response to a clarification requested by a prospective Tenderer, modify the Tendering documents by issuing addenda. 9.2 Any addendum issued shall be part of the Tender documents pursuant to sub-clause 7.1 and shall be communicated in writing, by or facsimile to all who have obtained the Tendering documents directly from the Procuring Entity. 9.3 In order to allow prospective Tenderers reasonable time in which to take an addendum into account in preparing their Tenders, the Procuring Entity at its discretion shall extend, as necessary, the deadline for submission of Tenders, in accordance with sub- Clause

13 C. Preparation of Tenders 10. Language of Tender 10.1 The Tender, and all correspondence and documents related to the Tender exchanged by the Tenderer and the Procuring Entity shall be written in the Tender language stipulated in the Tender Data Sheet. Supporting documents and printed literature furnished by the Tenderer may be in another language provided they are accompanied by an accurate translation of the relevant passages in the above stated language, in which case, for purposes of interpretation of the Tender, the translation shall prevail. 11. Documents Constituting the Tender 11.1 The Tender submitted by the Tenderer shall consist of the following components: a) The Form of Tender (in the format indicated in this Tender Document) completed in accordance with ITT Clause 14, 15 and 16; b) Information requested by Instructions to Tenderers ITT sub-clause 12.2; 12.3 and 12.4; c) Tender Security or Tender Securing Declaration in accordance with Instructions to Tenderers ITT Clause 18; d) Priced Bill of Quantities; e) Qualification Information Form and Documents; 13

14 f) Alternative offers where invited in accordance with Instructions to Tenderers ITT Clause 4; g) Written confirmation authorizing the signatory of the Tender to commit the Tenderer in accordance with Instructions to Tenderers ITT sub Clause 18.2; and h) And any information or other materials required to be completed and submitted by Tenderers, as specified in the Tender Data Sheet. 12. Documents Establishing Eligibility and Qualifications of the Tenderer 12.1 Pursuant to ITT Clause 12, the Tenderer shall furnish, as part of its Tender, documents establishing the Tenderer s eligibility to Tender and its qualifications to perform the contract if its Tender is accepted In the event that pre-qualification of potential Tenderers has been undertaken, only Tenders from pre-qualified Tenderers will be considered for award of contract. These qualified Tenderers should submit their Tenders with any information updating the original pre-qualification applications or, alternatively, confirm in their Tenders that the originally submitted pre-qualification information remains essentially correct as of the date of Tender submission. The update or confirmation should be provided in Section IX If the Procuring Entity has not undertaken pre-qualification of potential Tenderers, to qualify for award of the contract, Tenderers shall meet the minimum qualifying criteria specified in the Tender Data Sheet: 14

15 12.4 Tenders submitted by a joint venture of two or more firms as partners shall comply with the following requirements, unless otherwise stated in the Tender Data Sheet: a) The Tender shall include all the information listed in the Tender Data Sheet pursuant to sub-clause 12.3 above for each joint venture partner; b) The Tender shall be signed so as to be legally binding on all partners; c) One of the partners will be nominated as being in charge, and this authorization shall be evidenced by submitting a power of attorney signed by legally authorized signatories of all the partners; d) The partner in charge shall be authorized to incur liabilities and receive instructions for and on behalf of any and all partners of a joint venture and the entire execution of the Contract, including payment, shall be done exclusively with the partner in charge; e) All partners of the joint venture shall be liable jointly and severally for the execution of the contract in accordance with the contract terms and a statement to this effect shall be included in the authorization mentioned under (c) above as well as in the Tender and in the Agreement (in case of a successful Tender); and 15

16 f) A copy of the joint venture agreement entered into by all partners shall be submitted with the Tender. Alternatively, a Letter of Intent to execute a joint venture agreement in the event of a successful Tender shall be signed by all partners and submitted with the Tender, together with a copy of the proposed Agreement. g) The Tender Security and Tender Securing Declaration as stated in accordance with ITT Clause 18, and in case of a successful Tender, the Agreement, shall be signed so as to be legally binding on all partners. 13. Lots Package 13.1 When Tendering for more than one contract under the lots arrangements, the Tenderer must provide evidence that it meets or exceeds the sum of all the individual requirements for the lots being tendered in regard to: a) Average annual turnover; b) Particular experience including key production rates; c) Financial means, etc; d) Personnel capabilities; and e) Equipment capabilities In case the Tenderer fails to fully meet any of these criteria, it may be qualified only for those lots for which the Tenderer meets the above requirement. 14. Form of Tender 14.1 The Tenderer shall fill the Form of Tender furnished in the Tendering Documents. The Form of Tender must be completed without any alterations to its format and no substitute shall be 16

17 accepted. 15. Tender Prices 15.1 The Contract shall be for the whole Works, as described in sub- Clause 1.1, based on the priced Bill of Quantities submitted by the Tenderer The Tenderer shall fill in rates and prices for all items of the Works described in the Bill of Quantities. Items for which no rate or price is entered by the Tenderer will not be paid for by the Procuring Entity when executed and shall be deemed covered by the other rates and prices in the Bill of quantities All duties, taxes and other levies payable by the Contractor under the Contract, or for any other cause, as of the date 15 days prior to the deadline for submission of Tenders, shall be included in the rates, prices and total Tender price submitted by the Tenderer The rates and prices quoted by the Tenderer shall be subject to adjustment during the performance of the Contract if provided for in the Tender Data Sheet and the provisions of the Conditions of Contract. The Tenderer shall submit with the Tender all the information required under the Contract Data Sheet. 16. Tender Currencies 16.1 The unit rates and prices shall be quoted by the Tenderer in the currency as specified in the Tender Data Sheet Tenderers shall indicate details of their expected foreign currency requirements in the Tender, if any. The rates of 17

18 exchange to be used by the Tenderers in arriving at the local currency equivalent shall be the selling rates for similar transactions established by the authority specified in the Tender Data Sheet prevailing on the date 28 days prior to the latest deadline for submission of Tenders. These exchange rates shall apply for all payments so that no exchange risk will be borne by the Tenderer. In any case, payments will be computed using the rates quoted in the Tender Tenderers may be required by the Procuring Entity to clarify their foreign currency requirements and to substantiate that the amounts included in the rates and prices and in the Contract Data Sheet are reasonable and responsive to sub-clause Tender Validity Period 17.1 Tenders shall remain valid for the period specified in the Tender Data Sheet after the Tender submission deadline prescribed by the Procuring Entity, pursuant to ITT Clause 21. A Tender valid for a shorter period shall be rejected by the Procuring Entity as non-responsive In exceptional circumstances, prior to expiry of the original Tender validity period, the Procuring Entity may request that the Tenderers extend the period of validity for a specified additional period. The request and the Tenderers' responses shall be made in writing or by cable. A Tenderer may refuse the request without forfeiting its Tender Security or causing to be executed its Tender Securing declaration. A Tenderer agreeing to the request will not be required or permitted to otherwise modify the Tender, but will be required to extend the validity of its Tender Security or Tender Securing declaration for the period of the 18

19 extension, and in compliance with ITT Clause 18 in all respects In the case of fixed price contracts, if the award is delayed by a period exceeding sixty (60) days beyond the expiry of the initial Tender validity period, the contract price will be increased by a factor specified in the request for extension. The Tender evaluation shall be based on the Tender price without taking into consideration on the above correction. 18. Tender Security and Tender Securing Declaration 18.1 Pursuant to ITT Clause 11, where required in the Tender Data Sheet, the Tenderer shall furnish as part of its Tender, a Tender Security in original form and in the amount and currency specified in the Tender Data Sheet. A Tender Securing Declaration as specified in the Tender Data Sheet in the format provided in section X shall be provided as a mandatory requirement The Tender Security or Tender Securing Declaration is required to protect the Procuring Entity against the risk of Tenderer s conduct which would warrant the security s forfeiture, pursuant to ITT sub-clause The Tender Security shall be denominated in the currency of the Tender and shall be in one of the following forms: a) Cash; b) A Bank Guarantee; 19

20 c) An Insurance Bond issued by an insurance firm approved by the PPOA located in Kenya; d) An irrevocable letter of credit issued by a reputable bank The Tender Security shall be in accordance with the Form of the Tender Security included in Section X or another form approved by the Procuring Entity prior to the Tender submission The Tender Security shall be payable promptly upon written demand by the Procuring Entity in case any of the conditions listed in sub-clause 18.8 are invoked Any Tender not accompanied by a Tender Security in accordance with sub-clauses 18.1 or 18.3 shall be rejected by the Procuring Entity as non-responsive, pursuant to ITT Clause The Procuring Entity shall immediately release any Tender Security if: a) The procuring proceedings are terminated; b) The Procuring Entity determines that none of the submitted Tenders is responsive; c) A contract for the procurement is entered into The Tender Security shall be forfeited and the Tender Securing 20

21 Declaration executed if the Tenderer: a) Withdraws its Tender after the deadline for submitting Tenders but before the expiry of the period during which Tenders must remain valid; b) Rejects a correction of an arithmetic error pursuant to sub- Clause 28.2; c) Refuse to enter into a written contract in accordance with ITT Clause 39; d) Fails to furnish the Performance Security (bond / guarantee) (bond / guarantee) in accordance with ITT Clause The Tender Security and Tender Securing Declaration of a joint venture must be in the name of the joint venture submitting the Tender A Tenderer shall be suspended from being eligible for Tendering in any contract with the Procuring Entity for the period of time indicated in the Tender Securing Declaration: a) If the Tenderer withdraws its Tender, except as provided in ITT sub-clauses 17.2 and 28.2; or b) In the case of a successful Tenderer, if the Tenderer fails within the specified time limit to: 21

22 (i) Sign the contract; or (ii) Furnish the required Bond. 19. Format and Signing of Tender 19.1 The Tenderer shall prepare one original of the documents comprising the Tender as described in ITT Clause 11 of these Instructions to Tenderers, with the Form of Tender, and clearly marked ORIGINAL. In addition, the Tenderer shall submit copies of the Tender, in the number specified in the Tender Data Sheet, and clearly marked as COPIES. In the event of discrepancy between them, the original shall prevail The original and all copies of the Tenders shall be typed or written in indelible ink and shall be signed by a person or persons duly authorized to sign on behalf of the Tenderer. This authorization shall consist of a written confirmation as specified in the Tender Data Sheet and shall be attached to the Tender. The name and position held by each person signing the authorization must be typed or printed below the signature. All pages of the Tender, except for un-amended printed literature, shall be initialled by the person or persons signing the Tender Any interlineations, erasures, or overwriting shall be valid only if they are initialled by the person or persons signing the Tender The Tenderer shall furnish information as described in the Form of Tender on commissions or gratuities, if any, paid or to be paid to agents relating to this Tender and to contract execution if the Tenderer is awarded the contract 22

23 D. Submission of Tenders 20. Sealing and Marking of Tenders 20.1 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 The inner and outer envelopes shall: a) Be addressed to the Procuring Entity at the address given in the Tender Data Sheet; and b) Bear the Project name indicated in the Tender Data Sheet, the Invitation for Tenders (IFT) title and number indicated in the Tender Data Sheet, and a statement: DO NOT OPEN BEFORE, to be completed with the time and the date specified in the Tender Data Sheet, pursuant to ITT sub-clause In addition to the identification required in sub-clause 20.2, the inner envelopes shall also indicate the name and address of the Tenderer to enable the Tender be returned unopened in case it is declared late, pursuant to sub-clause 21.1 and for matching purpose under ITT Clause If the outer envelope is not sealed and marked as required by ITT sub clause 20.2, the Procuring Entity shall assume no responsibility for misplacement or premature opening of the Tender. 23

24 21. Deadline for Submission of Tenders 21.1 Tenders shall be received by the Procuring Entity at the address specified under ITT sub-clause 20.2 no later than the date and time specified in the Tender Data Sheet The Procuring Entity may, in exceptional circumstances and at its discretion, extend the deadline for the submission of Tenders by amending the Tendering documents in accordance with ITT Clause 8, in which case all rights and obligations of the Procuring Entity and Tenderers previously subject to the deadline will thereafter be subject to the new deadline The extension of the deadline for submission of Tenders shall not be made later than the period specified in the Tender Data Sheet before the expiry of the original deadline. 22. Late Tenders 22.1 The Procuring Entity shall not consider for evaluation any Tender that arrives after the deadline for submission of Tenders, in accordance with ITT Clause Any Tender received by the Procuring Entity after the deadline for submission of Tenders shall be declared late, rejected and returned unopened to the Tenderer 23. Modification, Substitution and Withdrawal of Tenders 23.1 A Tenderer may modify or substitute or withdraw its Tender after it has been submitted, provided that written notice of the modification, including substitution or withdrawal of the Tender, is received by the Procuring Entity prior to the deadline prescribed for submission of Tenders prescribed under ITT sub- Clause

25 23.2 The Tenderer s modification or substitution or withdrawal notice shall be prepared, sealed, marked, and dispatched in accordance with the provisions of ITT Clauses 19 and 20 with the outer and inner envelopes additionally marked MODIFICATION or SUBSTITUTION or WITHDRAWAL as appropriate. The notice may also be sent by electronic mail and facsimile, but followed by a signed confirmation copy, postmarked no later than the deadline for submission of Tenders No Tender may be withdrawn, replaced or modified 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 shall result in the Tenderer s forfeiture of its Tender Security or execution of Tender Securing Declaration, pursuant to the ITT sub-clause Withdrawal of a Tender between the deadline for submission of Tenders and the expiration of the period of Tender validity specified in the Tender Data Sheet or as extended pursuant to sub-clause 21.2 shall result in the forfeiture of the Tender Security and execution of Tender Securing Declaration pursuant to ITT sub-clause Tenderers may only offer discounts to, or otherwise modify the prices of their Tenders by submitting Tender modifications in accordance with this Clause, or included in the original Tender submission. 25

26 E. Opening and Evaluation of Tenders 24. Opening of Tenders 24.1 The Procuring Entity will open all Tenders including modifications, substitution or withdraw notices made pursuant to ITT Clause 23, in public, in the presence of Tenderers or their representatives who choose to attend and other parties with legitimate interest and Tender proceedings, at the place on the date and at time specified in the Tender Data Sheet. The Tenderers representatives who are present shall sign a register as proof of their attendance Envelopes marked WITHDRAWAL shall be opened and read out first. Tenders for which an acceptable notice of withdrawal has been submitted pursuant to ITT Clause 23 shall not be opened but returned to the Tenderer. If the withdrawal envelope does not contain a copy of the Power of Attorney confirming the signature as a person duly authorized to sign on behalf of the Tenderer, the corresponding Tender will be opened. Subsequently, all envelopes marked "MODIFICATION" shall be opened and the submissions therein read out in appropriate detail. Thereafter all envelopes marked or "SUBSTITUTION" opened and the submissions therein read out in appropriate detail All other envelopes shall be opened one at a time. The Tenderers' names, the Tender prices, the total amount of each Tender and of any alternative Tender (if alternatives have been requested or permitted), any discounts, the presence or absence of Tender security, and such other details as the appropriate tender opening committee may consider appropriate, will be 26

27 announced by the Secretary of the Tender Opening Committee at the opening Tenders or modifications that are not opened and not read out at Tender opening shall not be considered further for evaluation, irrespective of the circumstances. In particular, any discount offered by a Tenderer which is not read out at Tender opening shall not be considered further Tenderers are advised to send in a representative with the knowledge of the content of the Tender who shall verify the information read out from the submitted documents. Failure to send a representative or to point out any un-read information by the sent Tenderer s representative shall indemnify the Procuring Entity against any claim or failure to read out the correct information contained in the Tenderer s Tender No Tender will be rejected at Tender opening except for late Tenders which will be returned unopened to the Tenderer, pursuant to ITT Clause The Secretary of the appropriate tender opening committee shall prepare minutes of the Tender opening. The record of the Tender opening shall include, as a minimum: the name of the Tenderers and whether or not there is a withdrawal, substitution or modification, the Tender price per Lot if applicable, including any discounts and alternative offers and the presence or absence of a Tender Security or Tender Securing Declaration The Tenderers representatives who are present shall be 27

28 requested to sign the record. The omission of a Tenderer s signature on the record shall not invalidate the contents and affect the record A copy of the minutes of the Tender opening shall be furnished to individual Tenderers upon request. 25. Confidentiality 25.1 Information relating to the examination, clarification, evaluation, and comparison of Tenders and recommendations for the award of a Contract shall not be disclosed to Tenderers or any other persons not officially concerned with such process until the award to the successful Tenderer has been announced Any effort by a Tenderer to influence the Procuring Entity s processing of Tenders or award decisions may result in the rejection of his Tender Notwithstanding sub-clause 25.2, from the time of Tender opening to the time of Contract award, if any Tenderer wishes to contact the Procuring Entity on any matter related to the Tendering process, it should do so in writing. 26. Clarification of Tenders 26.1 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 including breakdown of prices. Any clarification submitted by a Tenderer that is not in response to a request by the Procuring Entity shall not be considered The request for clarification and the response shall be in writing. 28

29 No change in the prices or substance of the Tender shall be sought, offered, or permitted except to confirm the correction of arithmetic errors discovered by the Procuring Entity in the evaluation of Tenders in accordance with ITT Clause From the time of Tender opening to the time of Contract award if any Tenderer wishes to contact the Procuring Entity on any matter related to the Tender it should do so in writing. 27. Preliminary Examination of Tenders 27.1 Prior to the detailed evaluation of Tenders, the Procuring Entity will determine whether: a) The Tender has been submitted in the required format; b) Any Tender Security submitted is in the required form, amount and validity period; c) The Tender has been signed by the person lawfully authorized to do so; d) The required number of copies of the Tender have been submitted; e) The Tender is valid for the period required; f) All required documents and information have been submitted; and g) Any required samples have been submitted. 29

30 27.2 The Procuring Entity will confirm that the documents and information specified under ITT Clause 11 and ITT Clause 12 have been provided in the Tender. If any of these documents or information is missing, or is not provided in accordance with the Instructions to Tenderers, the Tender shall be rejected. The evaluation shall be carried out in three phases comprising compliance to preliminary or general requirements, compliance to technical specifications and financial evaluation. Tenderers deemed to be non-compliant to preliminary or general requirements shall be disqualified henceforth and their bid not subjected to the second phase of evaluation of compliance to Technical Specifications. Similarly, tenderers whose bids shall be deemed to be non-compliant to Technical Specifications shall be disqualified at that stage and their bids not subjected to the final phase of financial evaluation. Bids established to be compliant to both Preliminary or General Requirements and Technical requirements shall be subjected to financial evaluation and tender awarded to the lowest evaluated bidder. Apart from the requirements captured in Section 27.0, some of the Preliminary or General Requirements are captured in Sections IX (A-I) and Section X The Procuring Entity may waive any minor informality, nonconformity, or irregularity in a Tender which does not constitute a material deviation, provided such waiver does not prejudice or affect the relative ranking of any Tenderer A substantially responsive Tender is one which conforms to all the terms, conditions, and specifications of the Tendering documents, without material deviation or reservation. A material 30

31 deviation or reservation is one that: a) Affects in any substantial way the scope, quality, or execution of the Works; b) Limits in any substantial way, inconsistent with the Tendering documents, the Procuring Entity's rights or the Tenderer s obligations under the Contract; or c) If rectified, would affect unfairly the competitive position of other Tenderers presenting substantially responsive Tenders If a Tender is not substantially responsive, it will be rejected by the Procuring Entity, and may not subsequently be made responsive by correction or withdrawal of the non-conforming deviation or reservation. 28. Correction of Errors 28.1 Tenders determined to be substantially responsive will be checked by the Procuring Entity for any arithmetic errors. Errors will be corrected by the Procuring Entity as follows: If there is a discrepancy between unit prices and the total price that is obtained by multiplying the unit price and quantity, the unit price shall prevail, and the total price shall be corrected, unless in the opinion of the Procuring Entity there is an obvious misplacement of the decimal point in the unit price, in which the total price as quoted shall govern and the unit price shall be corrected; 31

32 a) If there is an error in a total corresponding to the addition or subtraction of subtotals, the subtotals shall prevail and the total shall be corrected; and b) Where there is a discrepancy between the amounts in figures and in words, the amount in words will govern The amount stated in the Tender will be adjusted by the Procuring Entity in accordance with the above procedure for the correction of errors and, with, the concurrence of the Tenderer, shall be considered as binding upon the Tenderer. If the Tenderer does not accept the corrected amount, its Tender will then be rejected, and the Tender Security may be forfeited and the Tender Securing Declaration may be executed in accordance with sub-clause Conversion to Single Currency 29.1 To facilitate the evaluation and comparison, the Procuring Entity will convert all Tender prices expressed in the amounts in various currencies in which the Tender prices are payable to Kenya Shillings at the selling exchange rate established for similar transactions by the Central Bank of Kenya ruling on the date specified in the Tender Data Sheet. 30. Comparison of Tenders 30.1 The Procuring Entity shall evaluate and compare only the Tenders determined to be substantially responsive in accordance with ITT Clause In evaluating the Tenders, the Procuring Entity will determine for each Tender the evaluated Tender price by adjusting the Tender price as follows: 32

33 a) Making any correction for errors pursuant to ITT Clause 28; b) Excluding provisional sums and the provision, if any for contingencies in the Bill of Quantities, but including Day work, where priced competitively ; and c) Making appropriate adjustments to reflect discounts or other price modifications offered in accordance with sub- Clause The Procuring Entity may waive any minor informality or nonconformity, which does not constitute a material deviation, provided such waiver does not prejudice or affect the relative standing of any Tenderer. Variations, deviations, and alternative offers and other factors, which are in excess of the requirements of the Tendering documents or otherwise result in unsolicited benefits for the Procuring Entity will not be taken into account in Tender evaluation. 31. National Preference 31.1 In the evaluation of Tenders, the Procuring Entity shall apply exclusive preference to citizens of Kenya where: a) The funding is 100% from the Government of Kenya or a Kenyan body; b) The amounts are below the prescribed threshold in the Tender Data Sheet 33

34 31.2 To qualify for the preference the candidate shall provide evidence of eligibility by: a) Proving Kenyan citizenship by production of a Kenyan Identity Card; or b) Providing proof of being a citizen contractor in terms of section 3(1) of the Act, i.e. being a natural person or an incorporated company wholly owned and controlled by persons who are citizens of Kenya. c) Foreign successful bidder must incorporate a mix of local expertise either through subcontracting, or technical expertise 31.3 The Minister of Finance may prescribe additional preference and/or reservation schemes, for example for procurements above these thresholds. If such additional preference schemes apply, details will be given in the Tender Data Sheet. 32. Determination of the Lowest Evaluated Tender 32.1 The Tender with the lowest evaluated price from among those which are eligible, compliant and substantially responsive shall be the lowest evaluated Tender. 33. Post- Qualification of Tenderer 33.1 If specified in the Tender Data Sheet, post-qualification shall be undertaken The Procuring Entity will determine to its satisfaction whether 34

35 the Tenderer 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 sub-clause The determination will take into account the Tenderer s financial, technical, and production capabilities. It will be based upon an examination of the documentary evidence of the Tenderer s qualifications submitted by the Tenderer, pursuant to sub-clause 12.3, 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 Tenderer s qualifications 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. F. Award of Contract 34. Criteria of Award 34.1 Subject to ITT Clause 34 and 35, the Procuring Entity will award the Contract 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, provided that such Tenderer has been determined to be: 35

36 a) Eligible in accordance with the provisions of ITT Clause 2; b) Is determined to be qualified to perform the Contract satisfactorily; c) Successful negotiations have been concluded If, pursuant to sub-clause 13.1, this Contract is being awarded on a lot and package basis, the lowest evaluated Tender price will be determined when evaluating this Contract in conjunction with other Contracts to be awarded concurrently, taking into account any discounts offered by the Tenderer for award of more than one Contract. 35. Clarifications 35.1 Clarifications may be undertaken with the lowest evaluated Tenderer relating to the following areas: a) A minor alteration to the technical details of the statement of requirements; b) Reduction of quantities for budgetary reasons, where the reduction is in excess of any provided for in the Tendering documents; c) A minor amendment to the Contract Data Sheet; d) Finalizing payment arrangements; 36

37 e) Mobilization arrangements; f) Agreeing final delivery or work schedule to accommodate any changes required by the Procuring Entity; g) The methodology or staffing; or h) Clarifying details that were not apparent or could not be finalized at the time of Tendering Clarifications shall not change the substance of the tender. 36. Procuring Entity s Right to Accept any Tender and to Reject any or all Tenders 36.1 Notwithstanding ITT Clause 34, the Procuring Entity reserves the right to accept or reject any Tender, and to cancel the Tendering process and reject all Tenders, at any time prior to the award of Contract, without thereby incurring any liability to the affected Tenderer or Tenderers Notice of the rejection of all Tenders shall be given promptly within 14 days to all Contractors that have submitted Tenders The Procuring Entity shall upon request communicate to any Tenderer the grounds for its rejection of its Tenders, but is not required to justify those grounds. 37 Procuring Entities Right to Vary Quantities at 37.1 The Procuring Entity reserves the right at the time of contract award to increase or decrease the quantity of goods or related services originally specified in these Tendering documents (schedule of requirements) provided this does not exceed by the percentage indicated in the Tender Data Sheet, without any 37

38 the Time Of Award change in unit price or other terms and conditions of the Tender and Tendering documents. 38. Notification of Award 38.1 The Tenderer whose Tender has been accepted will be notified of the award by the Procuring Entity prior to expiration of the Tender validity period by or facsimile confirmed by registered letter. This letter (hereinafter and in the Conditions of Contract called the "Letter of Acceptance") will state the sum that the Procuring Entity will pay the Contractor in consideration of the provision and maintenance of the Work(s) as prescribed by the Contract (hereinafter and in the Contract called the Contract Price ) The notification of award will constitute the formation of the Contract, subject to the Tenderer furnishing the Performance Security (bond / guarantee) in accordance with ITT Clause 39 and signing the Contract in accordance with sub-clause At the same time as the person submitting the successful Tender is notified, the Procuring Entity will notify each unsuccessful Tenderer, the name of the successful Tenderer and the Contract amount and will discharge the Tender Security and Tender Securing Declaration of the Tenderer pursuant to ITT sub Clause If, after notification of award, a Tenderer wishes to ascertain the grounds on which it s Tender or application for pre-qualification was unsuccessful, it should address its request to the secretary of the Tender Committee that authorized the award of contract. The secretary of the Tender Committee shall, within fourteen days 38

39 after a request, provide written reasons as to why the Tender, proposal or application to be pre-qualified was unsuccessful. However, failure to take this opportunity to clarify the grounds for rejection does not affect the Tenderer s right to seek immediate review by the Public Procurement Administrative Review Board under Clause Signing of Contract 39.1 Promptly, and in no case later than 14 days, after notification, Procuring Entity shall send the successful Tenderer the Agreement and Contract Data Sheet, incorporating all agreements between the parties obtained as a result of Contract negotiations Within the period specified in the notification or Tender Data Sheet but not earlier than fourteen (14) days since notification of award of contract, the successful Tenderer shall sign and date the contract and return it to the Procuring Entity. 40. Performance Security (bond / guarantee) 40.1 Within fifteen (15) days but after 7 days after receipt of the Letter of Acceptance, the successful Tenderer shall deliver to the Procuring Entity a Performance Security (bond / guarantee) in the amount and in the form stipulated in the Tender Data Sheet and the Contract Data Sheet, denominated in the type and proportions of currencies in the Letter of Acceptance and in accordance with the Conditions of Contract If the Performance Security (bond / guarantee) is provided by the successful Tenderer in the form of a Bank Guarantee or Insurance Bond, it shall be issued either: 39

40 a) At the Tenderer s option, by a bank or insurance firm located in Kenya, or a foreign bank or insurance firm through a correspondent bank or insurance firm located in Kenya; b) With the consent of the Procuring entity, directly by a foreign bank acceptable to the Procuring entity Failure of the successful Tenderer to comply with the requirement of sub-clause 40.1 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 Tenderer or call for new Tenders. 41. Advance Payment 41.1 The Procuring Entity will provide an Advance Payment as stipulated in the Conditions of Contract, subject to a maximum amount, as stated in the Tender Data Sheet The Advance Payment request shall be accompanied by an Advance Payment Security (Guarantee) in the form provided in Section X. For the purpose of receiving the Advance Payment, the Tenderer shall make an estimate of, and include in its Tender, the expenses that will be incurred in order to commence work. These expenses will relate to the purchase of equipment, machinery, materials, and on the engagement of labour during the first month beginning with the date of the Procuring Entity s Notice to Commence as specified in the Contract Data Sheet. 40

41 SECTION III: TENDER DATA SHEET (TDS) 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. Amendments of, and Supplements to Clauses in the Instruction to No Tenderers 1.1 The Procuring Entity also called Employer is: - KENYA ELECTRICITY GENERATING COMPANY LTD KenGen Pension Plaza 2, Kolobot Road, P.O. Box 47936, NAIROBI, KENYA. Tel: Fax: Name and Number of Procurement KGN-GDD ; TENDER FOR STRUCTURAL REHABILITATION OF OLKARIA II GEOTHERMAL POWER STATION. 1.2 The duration for implementation from commencement date of the works as shall be issued by Engineer s Order to Commence to the date of issue of the Taking Over Certificate shall be 18 (EIGHTEEN) consecutive calendar months 41

42 ITT No Cl. Amendments of, and Supplements to Clauses in the Instruction to Tenderers 2.2 ELIGIBLE TENDERERS The Invitation for Tenders is open to all Contractors who meet qualification criteria as spelt in the PPADA 2015 and other relevant Government of Kenya regulations 2.6 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. 2.7 Tenderers shall provide such evidence of their continued eligibility satisfactory to the Procuring Entity, as has been requested here in this tender. 4.0 Alternative offers are not allowed except where otherwise stated. 6.3 SITE VISIT This shall be conducted at Olkaria II Power Station. Interested Bidders shall be required to convene at KenGen Olkaria II Power Station as per date and venue provided below: DATE: - Tuesday 12 th June 2018 and Tuesday 19 th June 2018 TIME: AM VENUE: - Olkaria II Geothermal Power Station 42

43 ITT No Cl. Amendments of, and Supplements to Clauses in the Instruction to Tenderers Tenderers shall bear their own cost of the site visit including Kenya Wildlife Service (KWS) park entry fees. It shall be the bidders responsibility to confirm the amount of the fees. 6.5 Minutes of the pre-tender meeting will be made available within Seven (7) days of the site visit 6.6 Non-attendance of the pre-tender meeting will result in automatic disqualification. Bidders are strongly advised to visit site and obtain for themselves information adequate for them to prepare a responsive bid. 8.0 QUESTIONS AND 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 10 th Floor, KenGen Pension Plaza II, Kolobot Road, P.O. Box 47936, NAIROBI, KENYA. Tel: Fax: ; tenders@kengen.co.ke; wnyangweso@kengen.co.ke; fkawa@kengen.co.ke; 8.1 Deadline for submission of inquiries for clarifications shall be at least Nine (9) DAYS prior to Tender Closing as set out in this TDS 43

44 ITT No Cl. Amendments of, and Supplements to Clauses in the Instruction to Tenderers 8.2 The procuring entity shall reply to any clarifications sought by the Bidder within Seven (7) 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 LANGUAGE OF TENDER English 16 Tender Currency: - The currency in which the prices shall be quoted shall be: Kenya Shillings or in any freely convertible currencies. However, the maximum number of 44

45 ITT No Cl. Amendments of, and Supplements to Clauses in the Instruction to Tenderers currencies shall be limited to two (2) The authority for establishing the rates of exchange shall be Central Bank of Kenya. The applicable date for exchange rates for tendering and evaluation purposes is the exchange rate at the closing date 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 TENDER SECURITY Completed tenders should be submitted accompanied by a tender security issued by a reputable bank or insurance company in the amount of Kenya Shillings One Million Only (KES 1,000,000) 19.1 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 COPY. 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. 45

46 ITT No Cl. Amendments of, and Supplements to Clauses in the Instruction to Tenderers 20.2 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 20.3 The inner envelopes shall bear 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: DAY: - Wednesday DATE: - 27 th June 2018 TIME: PM VENUE: - KenGen Pension Plaza 2, Tender opening Room,Ground Floor 21.3 The extension of the deadline for submission of Tenders shall be made not later than SEVEN (7) DAYS before the expiry of the tender deadline TIME AND DATE FOR TENDER OPENING: DAY: - Wednesday DATE: - 27 th June 2018 TIME: PM 46

47 ITT No Cl. Amendments of, and Supplements to Clauses in the Instruction to Tenderers VENUE: - KenGen Pension Plaza 2, Tender opening Room,Ground Floor The amount on the Tender form shall be assumed to be inclusive of all offered discounts and all applicable taxes 27.0 EXAMINATION: EVALUATION AND COMPARISON OF TENDERS. PRELIMINARY AND TECHNICAL EVALUATION: The bidder shall provide. Sno Mandatory Requirement 1 Duly completed Price Schedule Certificate of Incorporation and principal place of 2 business 3 Duly completed Tender Form Addendum (if applicable, communicated addendum 4 must be signed and be submitted with the Tender) 5 6 Duly completed and signed Mandatory site visit certificate Tender security issued by a reputable bank or insurance company in the amount of Kenya Shillings One Million Only (KES 1,000,000) Provided? (Yes / No) 7 8 Duly Completed Confidential Business Questionnaire (CBQ) Audited Financial statement for the last 3 years (2017,2016,2015) 47

48 ITT No Cl. Amendments of, and Supplements to Clauses in the Instruction to Tenderers Proof of professional registration/temporary registration of Tenderers Engineers (in case of overseas Engineers) recognized by EBK/IEK The Bidder shall provide details of the proposed personnel, certificates, signed CVs and their experience records. Day time contacts for these personnel shall be included in the bid. The bidder shall not be allowed to replace personnel whose CV has been submitted. The minimum requirements are as follows: a) Project Manager. Fifteen (15) years Experience in site supervision and construction of power plant Civil and Structural projects, within which the staff has undertaken assignments as a construction site manager to the contract in the scope of works. b) Site Engineer Civil & Structural Total professional experience of at least ten (10) years as site engineer in civil works five (5) of which must be supervision of civil works in a power plant construction. c) Design Manager (Manager of Engineering) Total professional experience of at least ten (15) years as a design engineer in similar works eight (8) of which must be designing works in a power plant project. d) Quality Assurance and Quality Control Manager With at least eight (8) years total experience in the construction industry. Valid Registration with National Construction Authority (NCA) in Kenya of:-class 1 in Civil Works & Class 1 in Mechanical works The Bidder shall demonstrate 20 year experience in Geothermal power plant civil and structural design and construction. The company/firm must have been engaged as the main contractor or sub-contractor in at least 4 power plant construction projects in the last 20 48

49 ITT No Cl. Amendments of, and Supplements to Clauses in the Instruction to Tenderers 13 years one of which MUST have been a minimum of 45 MW of Geothermal. Certified copies of Completion Certificates MUST be provided with the bid. Day time contacts of the referees for such jobs shall be clearly indicated with the bid. The employer shall conduct due diligence on such works as indicated. Equipment Holding The Bidder must demonstrate that it has the key equipment listed here-under, it shall provide further details of proposed items or equipment using provided forms. Legal Proof of ownership with signed lease agreements where the bidder is leasing the equipment (provide daytime contacts of the lessor) 14 Mobile Crane of 50 Ton Mobile Crane 25 Ton Concrete Batching Plant Concrete Pump Power Generator Valid Tax compliance certificate from KRA or country of domicile valid for at least one (1) month after tender closing. 15 Litigation history of the company 16 Duly Completed POWER OF ATTORNEY form Pagination/serialization of all pages of the bid document. Average Construction Turnover Minimum average construction turnover of KES 300 Million (Three million Kenya Shillings), calculated as total certified payments received for contracts in progress and/or completed, within the last five (5) 49

50 ITT No Cl. Amendments of, and Supplements to Clauses in the Instruction to Tenderers years divided by five (5) 19 Contract price read out during tender opening shall be final and not subject to any change or correction (Sec. 82 of PPADA). Bidders must therefore ensure that there are no arithmetic errors on the prices and any error deemed as a major deviation shall result to disqualification. 20 Evidence of working capital in form of Access to financial resources of not less than KES 50,000,000 (Kenya Shillings Fifty Million) to lines of credit and availability of other financial resources from reputable Commercial Banks. Where a line of credit is provided, the letter must be current to the last month preceding closing of the tender. 21 Program of Works / Works Schedule Indicative of the timelines of 270 Consecutive calendar days as instructed in this tender 22 Works Methodology of how works shall be implemented. NB: - All requested requirements and evidence must be submitted with this tender. Failure to submit shall lead to automatic disqualification FINANCIAL EVALUATION: Provide. 50

51 ITT No Cl. Amendments of, and Supplements to Clauses in the Instruction to Tenderers No Mandatory Requirement Provided? (Yes / No) 1 Acid Ratios all 1:1 for the last audited financial year. 2 Comparison of prices of compliant evaluated bidders. The Lowest evaluated bidder to be determined. (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. 28 No Correction of errors shall be undertaken in accordance with provisions in PPADA (2015) 33 Post Qualification Award of Contract shall be based on a Bidder 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: - 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. 51

52 ITT No Cl. Amendments of, and Supplements to Clauses in the Instruction to Tenderers 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 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 PERFORMANCE SECURITY (BOND / GUARANTEE) The amount of Performance Security (bond / guarantee) shall be 10% of the accepted contract value in form of a Bank Guarantee from a reputable Bank in Kenya which is acceptable by the Procuring Entity. Failure of the successful Bidder to comply with the requirement of sub- 52

53 ITT No Cl. Amendments of, and Supplements to Clauses in the Instruction to Tenderers Clause 40.1 shall constitute sufficient grounds for the annulment of the award and forfeiture of the Tender Security or execution of the Tender Securing Declaration Form, in which event the Procuring Entity may make the award to the next lowest evaluated Bidder or call for new Tenders. 41 The Advance payment shall not exceed 20% of the total price and shall be done against an advance payment bank guarantee from a reputable commercial bank in Kenya. 42 1) "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. 2) Local Taxation a) 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. b) 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. 53

54 ITT No Cl. Amendments of, and Supplements to Clauses in the Instruction to Tenderers c) 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. 3) Tax Deduction a) 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. b) 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. 4) Tax Indemnity a) 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 whether during 54

55 ITT No Cl. Amendments of, and Supplements to Clauses in the Instruction to Tenderers the term of the Contract or after its expiry. b) 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. c) 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. d) The rates and prices quoted by the Tenderer shall be fixed during the performance of the Contract. 45 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: 55

56 ITT No Cl. Amendments of, and Supplements to Clauses in the Instruction to Tenderers 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, 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 56

57 ITT No Cl. Amendments of, and Supplements to Clauses in the Instruction to Tenderers 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 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: 57

58 ITT No Cl. Amendments of, and Supplements to Clauses in the Instruction to Tenderers 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) Website: 58

59 SECTION IV: GENERAL CONDITIONS OF CONTRACT 1.0 Definitions 1.1 In this Contract, except where context otherwise requires, the following terms shall be interpreted as indicated; a) Bills of Quantities means the priced and completed Bill of Quantities forming part of the tender [where applicable]. b) Schedule of Rates means the priced Schedule of Rates forming part of the tender [where applicable]. c) The Completion Date means the date of completion of the Works as certified by the Employer s Representative. d) The Contract means the agreement entered into by the Employer and the Contractor as recorded in the Agreement Form and signed by the parties. e) The Contractor refers to the person or corporate body whose tender to carry out the Works has been accepted by the Employer. f) The Contractor s Tender is the completed tendering document submitted by the Contractor to the Employer. g) The Contract Price is the price stated in 59

60 the Notification of award. h) Days are calendar days; Months are calendar months. i) A Defect is any part of the Works not completed in accordance with the Contract. j) The Defects Liability Certificate is the certificate issued by Employer s Representative upon correction of defects by the Contractor. k) The Defects Liability Period is the period named in the Appendix to Conditions of Contract and calculated from the Completion Date. l) Drawings include calculations and other information provided or approved by the Employer s Representative for the execution of the Contract. m) Employer means Kenya Electricity Generating Company Limited and is the party who employs the Contractor to carry out the Works n) Equipment is the Contractor s machinery and vehicles brought temporarily to the Site for the execution of the Works. 60

61 o) Site means the place or places where the permanent Works are to be carried out including workshops where the same is being prepared. p) Materials are all supplies, including consumables, used by the q) Contractor for incorporation in the Works. r) Employer s Representative is the person appointed by the Employer and notified to the Contractor for the purpose of supervision of the Works. s) Specification means the Specification of the Works included in the Contract. t) Start Date is the date when the Contractor shall commence execution of the Works. u) A Subcontractor is a person or corporate body who has a Contract with the Contractor to carry out a part of the Work in the Contract, which includes Work on the Site. v) Temporary works are works designed, constructed, installed, and removed by the Contractor which are needed for construction or installation of the Works. 61

62 w) A Variation is an instruction given by the Employer s Representative which varies the Works. x) The Works are what the Contract requires the Contractor to construct, install, and turnover to the Employer. 2.0 General Documents 2.1 The following documents shall constitute the Contract documents and shall be interpreted in the following order of priority; a) Contract Agreement, b) Notification of award c) Letter of Acceptance, d) Conditions of Contract e) Technical Specifications f) Drawings, g) Bills of Quantities or Schedule of Rates [whichever is applicable) h) Contractor s Tender, i) Applicable Addenda and Clarifications 3.0 Employer s Representative s Decisions 3.1 Except where otherwise specifically stated, the Employer s Representative will decide contractual matters between the Employer and the Contractor in the role representing the Employer Works, 4.1 The Contractor shall construct and install the Works 62

63 Language and Law of Contract in accordance with the Contract documents. The Works may commence on the Start Date and shall be carried out in accordance with the Program submitted by the Contractor, as updated with the approval of the Employer s Representative, and complete them by the Intended Completion Date. 4.2 The ruling language of the Contract shall be English language and the law governing the Contract shall be the law of the Republic of Kenya. 5.0 Safety, Temporary works and Discoveries 5.1 The Contractor shall be responsible for design of temporary works and shall obtain approval of third parties to the design of the temporary works where required. 5.2 The Contractor shall be responsible for the safety of all activities on the Site. 5.3 Anything of historical or other interest or significant value unexpectedly discovered on the Site shall be the property of the Employer. The Contractor shall notify the Employer s Representative of such discoveries and carry out the Employer s Representative s instructions for dealing with them. 6.0 Work Program and Sub-contracting 6.1 Within seven days after Site possession date, the Contractor shall submit to the Employer s Representative for approval a program showing the general methods, arrangements, order and timing for 63

64 all the activities in the Works. 6.2 The Contractor may sub-contract the Works (but only to a maximum of 25 percent of the Contract Price) with the approval of the Employer s Representative. However, he shall not assign the Contract without the approval of the Employer in writing. Sub-contracting shall not alter the Contractor s obligations. 7.0 The site 7.1 The Employer shall give possession of all parts of the Site to the Contractor. 7.2 The Contractor shall allow the Employer s Representative and any other person authorised by the Employer s Representative, access to the Site and to any place where work in connection with the Contract is being carried out or is intended to be carried out. 8.0 Instructions 8.1 The Contractor shall carry out all instructions of the Employer s Representative which are in accordance with the Contract. 9.0 Extension of Completion Date 9.1 The Employer s Representative shall extend the Completion Date if an occurrence arises which makes it impossible for completion to be achieved by the Intended Completion Date. The Employer s Representative shall decide whether and by how much to extend the Completion Date. 64

65 9.2 For the purposes of this clause, the following occurrences shall be valid for consideration; Delay by:- Force majeure, or a) Reason of any exceptionally adverse weather conditions, or b) Reason of civil commotion, strike or lockout affecting any of the trades employed upon the Works or any of the trades engaged in the preparation, manufacture or transportation of any of the goods or materials required for the Works, or c) Reason of the Employer s Representative s instructions issued under these Conditions, or d) Reason of the contractor not having received in due time necessary instructions, drawings, details or levels from the Employer s Representative for which he specifically applied in writing on a date which having regard to the date for Completion stated in the appendix to these Conditions or to any extension of time then fixed under this clause was neither 65

66 unreasonably distant from nor unreasonably close to the date on which it was necessary for him to receive the same, or e) delay on the part of artists, tradesmen or others engaged by the Employer in executing work not forming part of this Contract, or f) reason of delay by statutory or other services providers or similar bodies engaged directly by the Employer, or g) reason of opening up for inspection of any Work covered up or of the testing or any of the Work, materials or goods in accordance with these conditions unless the inspection or test showed that the Work, materials or goods were not in accordance with this Contract, or h) reason of delay in appointing a or replacement Employer s representative, i) reason of delay caused by the late supply of goods or materials or in executing Work for which the Employer or his agents are contractually obliged to supply or to execute as the case may be, or j) Delay in receiving possession of or access to 66

67 the Site Management Meetings 10.1 A Contract management meeting shall be held regularly and attended by the Employer s Representative and the Contractor. Its business shall be to review the plans for the remaining Work. The Employer s Representative shall record the business of management meetings and provide copies of the record to those attending the meeting and the Employer. The responsibility of the parties for actions to be taken shall be decided by the Employer s Representative either at the management meeting or after the management meeting and stated in writing to all who attend the meeting COMMUNICATIONS: - Communication between parties shall be effective only when in writing Defects 11.1 T h e Employer s Representative shall inspect the Contractor s work and notify the Contractor of any defects that are found. Such inspection shall not affect the Contractor s responsibilities. The Employer s Representative may instruct the Contractor to search for a defect and to uncover and test any Work that the Employer s Representative considers may have a defect. Should the defect be found, the cost of uncovering and making good shall 67

68 be borne by the Contractor. However if there is no defect found, the cost of uncovering and making good shall be treated as a variation and added to the Contract Price T h e Employer s Representative shall give notice to the Contractor of any defects before the end of the Defects Liability Period, which begins at Completion, and is defined in the Appendix to Conditions of Contract E v e r y time notice of a defect is given, the Contractor shall correct the notified defect within the length of time specified by the Employer s Representative s notice. If the Contractor has not corrected a defect within the time specified in the Employer s Representative s notice, the Employer s Representative will assess the cost of having the defect corrected by other parties and such cost shall be treated as a variation and be deducted from the Contract Price Bills of Quantities/Schedule of Rates 12.1 The Bills of Quantities/Schedule of Rates shall contain items for the construction, installation, testing and commissioning of the Work to be done by the Contractor. The Contractor will be paid for the quantity of the Work done at the rates in the Bills of Quantities/Schedule of Rates for each item. Items against which no rate is entered by the Tenderer will 68

69 not be paid for when executed and shall be deemed covered by the rates for other items in the Bills of Quantities/Schedule of Rates Where Bills of Quantities do not form part of the Contract, the Contract Price shall be a lump sum (which shall be deemed to have been based on the rates in the Schedule of Rates forming part of the tender) and shall be subject to re-measurement after each stage Variations 13.1 The Contractor shall provide the Employer s Representative with a quotation for carrying out the variations when requested to do so. The Employer s Representative shall assess the quotation and shall obtain the necessary authority from the Employer before the variation is ordered If the Work in the variation corresponds with an item description in the Bill of Quantities/Schedule of Rates, the rate in the Bill of Quantities/Schedule of Rates shall be used to calculate the value of the variation. If the nature of the Work in the variation does not correspond with items in the Bill of Quantities/Schedule of Rates, the quotation by the Contractor shall be in the form of new rates for the relevant items of Work If the Contractor s quotation is unreasonable, the Employer s Representative may order the variation 69

70 and make a change to the Contract Price, which shall be based on the Employer s Representative s own forecast of the effects of the variation on the Contractor s costs Payment Certificates and Final Account 14.1 The Contractor shall be paid after each of the following stages of Work listed here below (subject to re-measurement by the Employer s Representative of the Work done in each stage before payment is made). In case of lump-sum Contracts, the valuation for each stage shall be based on the quantities so obtained in the re-measurement and the rates in the Schedule of Rates. Interim payment (percent of Contract Price, [after Contract execution] to be inserted by the Employer). First stage (define stage) Second stage (define stage) Third stage (define stage) After defects liability period Upon deciding that Works included in a particular stage are complete, Contractor shall submit to the Employer s Representative his application for payment. The Employer s Representative shall check, adjust if necessary and certify the amount to be paid to the Contractor within 21 days of receipt of the Contractor s application. The Employer shall pay the Contractor the amounts so certified within 30 70

71 days of Certificate. the date of issue of each Interim 14.3 The Contractor shall supply the Employer s Representative with a detailed final account of the total amount that the Contractor considers payable under the Contract before the end of the Defects Liability Period. The Employer s Representative shall issue a Defect Liability Certificate and certify any final payment that is due to the Contractor within 30 days of receiving the Contractor s account if it is correct and complete. If it is not, the Employer s Representative shall issue within 21 days a schedule that states the scope of the corrections or additions that are necessary. If the final account is still unsatisfactory after it has been resubmitted, the Employer s Representative shall decide on the amount payable to the Contractor and issue a Final Payment Certificate. The Employer shall pay the Contractor the amount so certified within 60 days of the issue of the Final Payment Certificate If the period laid down for payment to the Contractor upon each of the Employer s Representative s Certificate by the Employer has been exceeded, the Contractor shall be entitled to claim simple interest calculated pro-rata on the basis of the number of days delayed at the Central Bank of Kenya s average base lending rate prevailing on the first day the payment 71

72 becomes overdue. The Contractor will be required to notify the Employer within 15 days of receipt of delayed payments of his intentions to claim interest Insurance 15.1 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. 16. Liquidated Damages 16.1 T h e Contractor shall pay liquidated damages to the Employer at the rate per cent of the Contract price per day for each day that the actual C o mp l e t i o n Date is later than the I n t e n d e d Completion Date except in the case of any of the occurrences listed under clause 9.2. The Employer may deduct liquidated damages from payments due to the Contractor. Payment of liquidated damages shall not affect the Contractor s liabilities. 17. Completion and Taking Over 17.1 Upon deciding that the Work is complete the Contractor shall request the Employer s Representative to issue a Certificate of Completion of the Works, upon deciding that the Work is completed. The Employer shall take over the Site and the Works within seven days of the Employer s Representative issuing a Certificate of Completion. 18. Termination 18.1 T h e Employer or the Contractor may terminate 72

73 the Contract if the other party causes a fundamental breach of the Contract. These fundamental breaches of Contract shall include, but shall not be limited to, the following; a) The Contractor stops Work for 30 days continuously without reasonable cause or authority from the Employer s Representative; b) The Contractor is declared bankrupt or goes into liquidation other than for a reconstruction or amalgamation; c) A payment certified by the Employer s Representative is not paid by the Employer to the Contractor within 30 days after the expiry of the payment periods stated in sub clauses 14.2 and 14.3 hereinabove. d) The Employer s Representative gives notice that failure to correct a particular defect is a fundamental breach of Contract and the Contractor fails to correct it within a reasonable period of time If the Contract is terminated, the Contractor shall stop Work immediately, and leave the Site as soon as reasonably possible. The Employer s Representative shall immediately thereafter arrange for a meeting for 73

74 the purpose of taking record of the Works executed and materials, goods, equipment and temporary buildings on Site. 19. Payment upon Termination 19.1 T h e Employer may employ and pay other persons to carry out and complete the Works and to rectify any defects and may enter upon the Works and use all materials on Site, plant, equipment and temporary works The Contractor shall, during the execution or after the completion of the Works under this clause, remove from the Site as and when required within such reasonable time as the Employer s Representative may in writing specify any temporary buildings, plant, machinery, appliances, goods or materials belonging to him, and in default thereof, the Employer may (without being responsible for any loss or damage) remove and sell any such property of the Contractor, holding the proceeds less all costs incurred to the credit of the Contractor Until after completion of the Works under this clause, the Employer shall not be bound by any other provision of this Contract to make any payment to the Contractor, but upon such completion as aforesaid and the verification within a reasonable time of the accounts therefore the Employer s Representative shall certify the amount of expenses properly incurred by the Employer and, if such 74

75 amount added to the money paid to the Contractor before such determination exceeds the total amount which would have been payable on due completion in accordance with this Contract, the difference shall be a debt payable to the Employer by the Contractor; and if the said amount added to the said money be less than the said total amount, the difference shall be a debt payable by the Employer to the Contractor In the event that an advance payment is granted, the following shall apply:- a) On signature of the Contract, the Contractor shall at his request, and without furnishing proof of expenditure, be entitled to an advance of 10% (ten percent) of the original amount of the Contract. The advance shall not be subject to retention money. b) No advance payment may be made before the Contractor has submitted proof of the establishment of deposit or a directly liable guarantee satisfactory to the Employer in the amount of the advance payment. The guarantee shall be in the same currency as the advance. c) Reimbursement of the lump sum advance shall be made by deductions from the Interim payments and where applicable from the balance owing to the Contractor. 75

76 Reimbursement shall begin when the amount of the sums due under the Contract reaches 20% of the original amount of the Contract. It shall have been completed by the time 80% of this amount is reached. d) The amount to be repaid by way of successive deductions shall be calculated by means of the formula: R = A(x1 x11) Where: R = the amount to be reimbursed A = the amount of the advance which has been granted X1 = the amount of proposed cumulative payments as a percentage of the original amount of the Contract; This figure will exceed 20% but not exceed 80%. X11 = the amount of the previous cumulative payments as a percentage of the original amount of the Contract. This figure will be below 80%but not less than 20%. e) With each reimbursement the counterpart of the directly liable Guarantee may be reduced accordingly. 76

77 20. 0 Corrupt Gifts and Payments of Commission 20.1 T h e Contractor shall not; a) Offer or give or agree to give to any person in the service of the Employer any gifts or consideration of any kind as an inducement or reward for doing or forbearing to do or for having done or forborne to do any act in relation to the obtaining or execution of this or any other contract with the Employer or for showing or forbearing to show favour or disfavour to any person in relation to this or any other contract with the Employer. b) Any breach of this Condition by the Contractor or by anyone employed by him or acting on his behalf (whether with or without the knowledge of the Contractor) shall be an offence under the Laws of Kenya Settlement of Disputes 21.1 Any dispute arising out of the Contract which cannot be amicably settled between the parties shall be referred by either party to the arbitration and final decision of a person to be agreed between the parties. Failing agreement to concur in the appointment of an Arbitrator, the Arbitrator shall be appointed by the chairman of the Chartered Institute of Arbitrators, Kenya branch, on the request of the applying party. 77

78 22.0 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 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 78

79 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 whether during the term of the Contract or after its expiry. 79

80 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. 80

81 SECTION V: SPECIAL CONDITIONS OF CONTRACT The following Special Conditions of Contract (SCC) shall supplement the General Conditions of Contract (GCC). Whenever there is a conflict, the provisions herein shall prevail over those in the GCC. GCC REF. SPECIAL CONDITIONS OF CONTRACT DURATION OF IMPLEMENTATION The duration for implementation from commencement date of the works as shall be issued by Engineer s Order to Commence to the date of issue of the Taking Over Certificate shall be 18 (EIGHTEEN) consecutive calendar months PERFORMANCE SECURITY (BOND / GUARANTEE) The amount of Performance Security (bond / guarantee) (bond / guarantee) shall be Ten Percent (10%) of the accepted contract value in form of a Bank Guarantee from a reputable Bank in Kenya which is acceptable by the Procuring Entity and shall be valid for the entire project period including the Defects Liability Period (DLP) 4.1 Commencement date shall be Engineers Order to Commence. 5.1 SAFETY PROCEDURES The Contractor shall prepare and submit to Client Representative a SAFETY MANAGEMENT PLAN within 28 days after signing of the 81

82 GCC REF. SPECIAL CONDITIONS OF CONTRACT contract for Client Representative s concurrence. The Contractor shall deploy on site a qualified safety officer at all times. 6.1 The Contractor to Submit a confirmed Program of Works within 14 days after order to commence has been issued. Program of works to be reviewed every 14 days, clearly indicating progress and be submitted to Client Representative. 9.1 Extension of Contract not allowed unless expressly authorised by the Client upon written request by the Contractor and based on issues highlighted under GCC 9.2. In their request, the Contractor shall clearly outline the circumstances leading to delay and necessitating the request A Contract management meeting shall be held every 14 days or as shall be communicated in writing by the Employer s representative. Site meetings shall be held regularly on site, typically every day Defects Liability Period shall be 6 Months after completion of the contract 13.1 Variations shall be subject to a maximum of 15% of contract price Payment shall be made based on completed milestones as shall be agreed upon with the contractor during kick off meeting. Minimum amount of each Interim Payment Certificate shall be 30% of contract amount. The following documents shall form part of interim payment certificates: - 82

83 GCC REF. SPECIAL CONDITIONS OF CONTRACT 1. Detailed valuation to date 2. Valuation estimates due for the focus period for only completed works 3. Detailed Progress Report 4. Updated program of works The amount to be withheld for non-or late submission of these vital documents is FULL CERTIFICATE 15.1 MINIMUM AMOUNT OF THIRD PARTY INSURANCE The minimum insurance covers, per occurrence with the number of occurrence unlimited. shall be; A. The minimum Insurance cover for person and property is KShs. 5 million B. The minimum insurance cover Contractors all risk is KShs 5 million C. Evidence of Insurance Contractor s All Risks. D. Relevant policies Contractor s All Risks 16.1 T h e Contractor shall pay liquidated damages to the Employer at the rate 0.5 per cent of the Contract price per day for each day that the actual C o mp l e t i o n Date is later than the I n t e n d e d Completion Date except in the case of any of the occurrences listed under clause 9.2. The Employer may deduct liquidated damages from payments due to the Contractor. Payment of liquidated damages shall not affect the Contractor s liabilities. ADJUDICATION Arbitration where necessary shall be by the Chartered Institute of Arbitrators 83

84 GCC REF. SPECIAL CONDITIONS OF CONTRACT 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. 84

85 SECTION VI: WORKS SPECIFICATIONS, REQUIREMENTS AND CONTRACTUAL OBLIGATIONS CL DETAIL DESCRIPTION 1 Scope of Works This information is given without warranty and is only meant for the Contractor s guidance. The works to be carried out by the contractor under this contract comprise the following: PROJECT DESCRIPTION Olkaria II power station was commissioned in 2003 with two units of a total capacity of 70 MW. An additional unit with a capacity of 35 MW was commissioned in 2010, whose construction comprised of extension of the existing powerhouse amongst other additional facilities. The powerhouse is a steel portal framed structure supported by piles and raft foundations. The steel portal frame structure is horizontally restrained by steel beams, RC floor slab at turbine/generator level and bracings at both ends of the structure. Sections of the walls towards the control/battery/offices/ washrooms are of masonry walling while the rest of the walls are clad in pre-coated sheets. Steam pipes (hot well area) are supported on steel structures which are founded on piles but attached to main powerhouse structure. Structural deformations have been noted in the recent past on the structural elements of the power house. Over settlement and shear failure of the structural connections have been 85

86 CL DETAIL DESCRIPTION noticed. In view of these developments, Kenya Electricity Generating Company intends to engage a contractor to carry out repair works on Olkaria II structure. Scope of tender These recommendations will help to reinstate the building structure and surrounding areas. Further monitoring is recommended to determine if further measures will be required. 1. Strengthening the bracings As determined in the Structural Analysis, The Main Power House Building does not have sufficient lateral stiffness. It is recommended to enhance the building lateral stiffness by introducing additional steel bracing. This bracing will provide addition "shear wall" building stiffness. The location considers the space requirements and practicality to install the bracing. Similar bracing is already installed in the building extension for unit 3. Under this remedial measure, the following activities shall be carried out. 1.1 The repair of the failed connection joints of the building longitudinal bracing in the Main Power Plant Building. 1.2 Site survey shall be undertaken to enable preparation of steel fabrication designs, drawings and associated calculations. 1.3 Design for relocation of existing services to allow for bracing. The design should ensure minimal plant interruptions. 86

87 CL DETAIL DESCRIPTION 1.4 Supply, delivery and installation to the workplace of fabricated and painted lateral bracing and connections. 1.5 Surface preparation to existing steelwork for each connection of each lateral brace to existing building columns. 1.6 Clean and repaint connections of each brace member 2.0 Modification of cross-bracing on hot well pit steel frame. It is proposed to make the main longitudinal bracing symmetrical and to repair and strengthen the distorted connections (gusset plates). Once the steelwork is modified, the damaged base shall be repaired. The following shall be done under this remedial action. 2.1 Undertake site survey and prepare the steel workshop fabrication design, drawings and calculations. 2.2 Supply and deliver to workplace; fabricated and painted longitudinal bracing and connections. 2.3 Temporary measures to stabilize structure as required. 2.4 Install modified steel work 2.5 Repair damaged and distorted steel work connections. 3.0 Repair Masonry and Plasterwork at unit 1 entrance staircase Following the introduction of the lateral and horizontal bracing, the damaged staircase plastering in the unit one entrance staircase shall be repaired. Joints will be introduced 87

88 CL DETAIL DESCRIPTION by forming rebates along the crack lines which are then filled with flexible filler to accommodate any further steelwork movements without cracking. Under this item, the following shall be done. 3.1 Removal of wall plaster work at unit 1 entrance staircase along crack lines. 3.2 Re-plaster creating forming profile rebate for movement joint. 3.3 Fill "u" profile with flexible polyurethane sealant or similar. 3.4 painting staircase and make good 4.0 Reset doors including fire doors and loading bay roller shutter door to correct operation Jammed door frames shall be reset to allow correct operation. Under this remedial measure, the following shall be done. 5.0 Repair and re-construct damaged manholes The damaged manholes are the result of settlement of soft shallow level soils. It is recommended that these are repaired on an individual basis. The existing soils surrounding the manhole shall be excavated and inspected for suitability. Soft compressible soil shall be replaced with imported granular material which is not susceptible to softening or settlements due to water ingress. The manhole shall be replaced with precast reinforced concrete shafts to reduce the overall effects of any subsequent settlement. 5.1 Excavate and remove manhole shaft max depth to benching 2m, plan dimension up to 1m x 1m 5.2 Replace manhole shaft set to line and level plan dimension up to 1m x 1m 5.3 Excavate and remove manhole shaft max depth to benching 2m plan dimension from 1m x 1m to 2m x 2m 5.4 Replace manhole shaft set to line and level plan 88

89 CL DETAIL DESCRIPTION dimension from 1m x 1m to 2m x 2m 6.0 Repair external concrete surfaces The concrete surfacing around the entrance to the loading bay and the unit 1 turbine building entrance has buckled upwards and voids are present below the surface. The surfacing shall be repaired in the areas necessary by removing the existing surfacing, remove and replace any soft unsuitable soils found beneath the surface. Soft soils may be replaced with imported granular materials. The following shall be the activities under this item. All new concrete shall be sulphate resisting 6.1 Demolish the existing concrete slab and cart away 6.2 Import approved granular backfill material. Place, compact to 95% MDD and level. 6.3 Supply, batch, mix, place, level and compact reinforced concrete to the prepared surface, 200mm thick, 30N/mm2 strength. 6.4 Provide concrete movement joints at 6m spacing and fill in bitumen filler. 7.0 Long term survey monitoring of building structure and ground water level on BH No 2 Following the strengthening of the building structure, the contractor shall install equipment for long term monitoring of building deflections. A number of survey reference points (suggest 20) shall be established with precise X, Y, Z coordinates defined. Over a period of time of two years, The Piezometer installed on BH No. 2 shall also be continuously monitored. 8.0 Ground injection grouting The contractor shall locate the voids using a GPR machine, the voids report will then be discussed jointly with the client and points of grout injection shall be agreed upon. The 89

90 CL DETAIL DESCRIPTION following activities shall then be done 8.1 Set-up drilling/ grouting rig over each position 8.2 Core drilling through ground slab/pile cap depth 25m. Diameter to suit injection grouting procedure. 8.3 Drilling and pressure inject high pressure cement grout injection, depth 10m until refusal. 8.4 Collect and report drilling/grouting data log (all grouting positions) 8.5 Preparation of final documentation report 9.0 Overhaul of existing fire waterline The contractor shall construct concrete ducts and lay new fire pipeline as in the relevant drawing. New fire hydrant terminals, boxes and firefighting pipes shall be installed, tested and commissioned to detail. The entire length of the ducts shall be covered to allow for heavy traffic Painting of Olkaria II Steel Structure This will involve the painting of the powerhouse steel structure, block works, cladding, with two (2) coats of primer, followed by (three) 3 coats of epoxy type paint finish to the required specifications Modify Steam Pipe support and Detach Steam pipe and Power Plant steel support Modify the steam spring supports within the power plant and detach the steam supports from the Power plant support system.contractor to provide method statement on how to achieve this Knowledge Transfer The Contractor shall organize, plan and arrange for Training 90

91 CL DETAIL DESCRIPTION of Three (3) Employers Engineers on Civil & Structural Health Monitoring, Rehabilitation and Design of Structural Modifications on existing buildings, as part of this training, the Contractor shall purchase a suitable Structural Design Software for the Employer. The Software shall bear a 3 year license. This training shall be conducted in the country of Software Development/manufacture. The Contractor shall use the prevailing Government of Kenya (GoK) rates for international travel. It shall be the responsibility of the contractor to quote for Air tickets, subsistence cost and all other associated costs with the training and the Factory Acceptance Tests. 2 Proposed Duration Works of DURATION OF IMPLEMENTATION The duration for implementation from commencement date of the works as shall be issued by Engineer s Order to Commence to the date of issue of the Taking Over Certificate shall be 18 (EIGHTEEN) consecutive calendar months 3 Location and Extent of Project Site (s) The project site is located at Olkaria Geothermal field at Olkaria II Power Plant. The Contractor shall visit the site 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. The project location is inside Hells Gate National Park. 91

92 CL DETAIL DESCRIPTION Hell s Gate National Park is controlled and administered by the Kenya Wildlife Service (KWS). All Works associated with project shall comply fully with the requirements of KWS where it impacts on 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 following site conditions shall be assumed. However, the bidders should confirm these conditions before entering into agreement with the employer: Elevation at the site 2000 masl Ambient pressure 0.80 Bar absolute, Extreme dry bulb temperature Minimum - One (1) 0 C; Maximum Thirty Five (35) 0 C 92

93 CL DETAIL DESCRIPTION Basic Wind speeds Rainy Season: 35m/s April-July 4 Construction Drawings The employer has provided PRELIMINARY DRAWINGS that are to be read together with this Tender during preparation of this tender. The contractor shall be required to provide detailed designs and construction drawings from parts or elements of these works that require their design input and drawings. Shop Drawings The Contractor shall prepare for scrutiny and issue to the Engineer/Architect copies of detailed shop drawings of all specialist works. Following the Architect's checking of these shop drawings the Contractor shall immediately amend them as necessary and when approved, promptly issue to the Engineer/Architect four copies for general use. The scrutiny of shop drawings by the Engineer/Architect shall be for general conformity, including conformity with the work of others and to co-ordinate the contract work in space. Such approval shall not imply any further indication of correctness. Bill Quantities of The Client has prepared BOQ for items whose quantities the Client has determined. The objectives however surpass any shortcomings of the BoQ. 4 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 93

94 CL DETAIL DESCRIPTION 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 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 their employees special rate for the extra hours worked during those hours. Working Hours within the National Park a) The work is located at Hells Gate National Park, which is managed by the Kenya Wildlife Service (KWS). It is the responsibility of the contractor to acquaint himself with the laws governing work and entry at the Hell's Gate National 94

95 CL DETAIL DESCRIPTION Park. b) The Contractor shall submit for the approval of the Engineer a schedule of proposed working hours taking note that in order to access to Engineers office for the purpose of meetings or consultations, the contactor may be required to pay Hells Gate National Park fees if he does not provide in good time his intention to access the Engineers/Employers Representative office. c) None of the permanent work shall be carried out between 5:00 PM and 8:00 AM or on Sundays or on Public Holidays without the permission of the Engineer and KWS, except when the work is absolutely necessary to save life or property or for the safety of the works, in which case the Contractor shall immediately advise the Engineer and KWS 5 Contract Administration The Contractor shall always endeavour 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. 6 Rejected Any workmanship or materials not complying with the 95

96 CL DETAIL DESCRIPTION Workmanship and Materials 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. 7 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 arrangements with the owners as he shall elect to make. 8 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. 9 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. 96

97 CL DETAIL DESCRIPTION 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 10 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. 11 Security, Watching Lighting and 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 97

98 CL DETAIL DESCRIPTION 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. 12 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. 13 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 survice providers b) The Contractor shall acquaint himself with the position of all existing services on or adjacent to the site before 98

99 CL DETAIL DESCRIPTION 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. 99

100 CL DETAIL DESCRIPTION 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. 14 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 be impolite or badly behaved the Employer's representative is liable to issue notices to the contractor in writing directing immediate replacement of such workmen. 100

101 CL DETAIL DESCRIPTION 15 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. 16 Gender Rule Subject to governing laws of Kenya, the contractor shall ensure compliance with the 1/3 rule regarding gender. 17 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. 18 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 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 101

102 CL DETAIL DESCRIPTION approval of the Client Representative. 19 Payment of Wages, Salary and other benefits The Contractor shall make prompt payment of wages, salary or other benefit to his employees 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 20 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. 21 Delayed or Nonpayment 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(s) makes such complaint (s) known to KenGen through writing, the Contractor shall be instructed to write a written explanation as to why this arose. Where the Contractor severely delays or does not pay his employees, KenGen shall have the right to withhold their payments until all due payments are made in full to the affected persons. 102

103 CL DETAIL DESCRIPTION KenGen shall make such determination by inspection of the contractors employment of casual records and records of salaries and wages paid to them. In the absence of these records, the contractor shall be requested to provide a signed record by the affected employees that any salaries or wages owed to them have been settled in full. 22 Documentation of Labourers A. 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. Such register MUST be available for inspection and scrutiny by KenGen and Government Officers as may be required by them. B. 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. 23 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 103

104 CL DETAIL DESCRIPTION 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 104

105 CL DETAIL DESCRIPTION belts (for all occupants) and speed limiting devices to 80km/hr. and that all persons travelling in vehicles must be seated. 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. 24 Drinking Water for Staff The Contractor shall be required to provide safe, potable drinking water to staff at all times when they are in the field. 25 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 105

106 CL DETAIL DESCRIPTION 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. 26 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. 27 Occupational, Health and safety requirements; The Contractor shall provide adequate and easily accessible First Aid Equipment on site. The Contractor shall be responsible for the management of 106

107 CL DETAIL DESCRIPTION Safety Precautions and First Aid health and safety of his employees on the construction site. 28 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. 29 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 borrow 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. 107

108 CL DETAIL DESCRIPTION c) Including removal of excavated material from the pavement to spoil. 30 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. 31 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 108

109 CL DETAIL DESCRIPTION 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. 32 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. 33 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 109

110 CL DETAIL DESCRIPTION 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. GENERAL SPECIFICATION OF MATERIALS 34 Material suitability Materials shall strictly comply with the Employer s Design unless the use of an alternative material has been explicitly requested by the Contractor and approved by the Engineer. All materials and equipment furnished shall: be new, unused, and undamaged when installed or otherwise incorporated in the Works and properly identified by appropriate stampings and markings and shall be accompanied with original manufacturer s documentation where appropriate, All material shall be new unless otherwise directed or permitted by the Engineer and, in all cases where the quality of goods or materials is not described or otherwise specified, is to be the best quality obtained in the ordinary meaning of the word best and not merely a trade signification of the word. All materials and workmanship shall, unless otherwise specified or described, conform to the appropriate British Standard Institution Specification or other authoritative 110

111 CL DETAIL DESCRIPTION standard ensuring equal or higher quality current at the time of tender and in accordance with the requirements of local statutory authorities. The Works throughout shall be executed by skilled workmen well versed in their respective trades. The Contractor is responsible for the location, provision and supply of all materials for the work, which shall comply with Appropriate Clauses in the specification. All materials shall be of approved manufacture and origin and the best quality of their respective kind The Contractor is at liberty to propose to the Engineer the use of material other than those specified but may use such materials subject to Engineer's written Approval. A sample of each type of material shall be delivered to site for approval by the Engineer. Where a sample may be difficult to deliver to site due to its nature, the Contractor may request the Engineer to inspect the materials at the Contractor s warehouse or factory. The Engineer may take such samples as he may wish for testing and approval and the Contractor shall furnish any information required by the Engineer as to the origin, quality, weight, strength, and description etc. of materials The contractor shall use no materials of any description without prior sanction and any condemned as unfit for use in 111

112 CL DETAIL DESCRIPTION the works shall be removed immediately from the site at contractor s cost. 35 Packaging and shipment The Contractor shall order materials to be obtained from overseas immediately after the contract is signed and shall also order materials to be obtained from local sources as early as necessary to ensure that such materials are on Site when required for use in the Works. The Contractor shall ensure that all Materials shall be adequately packaged and/or preserved so that they can be safely shipped to the Site and stored there for the duration as the construction programme requires without risking corrosion damage or other deterioration. The Contractor shall be responsible for and shall replace or make good at his own expense any materials lost or damaged. 36 Rejected Workmanship and Materials Any workmanship or materials not complying with the specific requirements or approved samples or which have been damaged, contaminated or have deteriorated must immediately be removed from the Site and replaced at the Contractor s expense, as required. 37 Samples and testing Samples of materials shall be submitted as soon as possible after the contract is let. No deliveries in bulk shall be made until the samples are approved by the Engineer. 112

113 CL DETAIL DESCRIPTION All condemned materials shall be removed from the site within 72 hours. Every facility shall be provided to enable the Engineer to obtain samples and carry out tests on the materials for construction. If these tests show that any of the materials do not comply with the requirements of this specification, the Contractor will be responsible for the costs or construction of the tests and the replacement of defective materials and/or construction. 38 Proprietary Materials Where proprietary materials are specified hereinafter the Contractor may propose the use of materials of other manufacture but of equal or higher quality for approval by the Engineer. All materials and goods, where specified to be obtained from a particular manufacturer or supplier are to be used and fixed strictly in accordance with their instruction. 113

114 SECTION IX: PREAMBLE TO TENDERING CL Detail Description 1 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. 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. 3 Bidder s Obligations a) The Bidder shall treat the contents of these documents as private and confidential. The Bidder shall acknowledge receipt of the Tender Documents. b) The copyright of these Bills of Quantities is vested in the Engineer and no part thereof may be reproduced without their express written permission. c) The Bidder shall cost for the entire item together with any omitted items in the bill. The employer shall not take any responsibility for any omissions in the BoQ 114

115 CL Detail Description d) The Bidder shall be presumed to have made full allowance in his prices generally to cover all detailed items of preliminaries or additions to prime cost sums or other items if these have not been priced against the respective items. RATES AND PRICES 4 Rates and Sums The rates and sums entered by the contractor against all items in the Bill of Quantities shall bear a proper relationship to the cost of carrying out the work described in the Contract. All costs and similar charges that are applicable to the Contract as a whole shall be spread over all items in the Bill of Quantities whilst those that are applicable only to particular sections of the Contract shall only be spread over the relevant items in particular sections. 5 Taxes and Duties The contractor shall include all local taxes except VAT for the materials and services to be procured locally in his unit rate for various item of works included in the Bill of Quantities. The unit rate for materials, goods and equipment to be imported from overseas shall INCLUDE VAT and other import duties such as custom duties, cess, excise duty, etc. 115

116 CL Detail Description The Employer is not responsible to pay any VAT or custom duty for any imported items to be incorporated in the permanent works. 6 Value Added Tax As set out in the Instruction to Bidders, VAT payable to the Government of Kenya shall be calculated separately and the total VAT amount shall be inserted in the space provided in the Summary Page of the Bills of Quantities. VAT shall not be included in the unit rate for various items of work. However, the total VAT component be carried over to the Form of Tender. The applicable rate for VAT in the BOQ items for civil engineering works set by Government of Kenya and the contractor shall authenticate this rate and include in the Summary Bill of Quantities. 7 Withholding Tax Withholding Tax of 3% shall apply. 8 Provisional Sum Provisional sums items shall be dealt with as provided for in the Conditions of Contract / FIDIC Clause Provisional Quantity Certain items in the Bill of Quantities are designated as Provisional Quantity in the description column to indicate that the quantities for the work covered by such items are the best possible estimates that can be made in advance of the execution of the work or that the provision 116

117 CL Detail Description of such facilities as are described in the items may not in the event be required under the contract. All items so designated shall be used only at the direction and discretion of the Engineer and if not used either wholly or in part shall, as to the amount not used, be deducted from the Contract Price. 10 Provisional Item Any item that is designated as Provisional Item in the description column of the Bill of Quantity is to indicate that the provision of such facilities of work is uncertain at the time of document preparation. The unit rate if any quoted by the contractor shall be applicable for the amount of work executed under such items. All items so designated shall be used only at the direction and discretion of the Engineer and if not used either wholly or in part shall, as to the amount not used, be deducted from the Contract Price. 11 Lump Sum Certain items in the Bill of Quantities are designated as Lump Sum (LS) in the unit column to indicate that the payment will be effected as a sum on satisfactory completion of that particular work. Lump sum items stipulated in Bill of Quantities that are related to a specific work shall be paid on the basis of the 117

118 CL Detail Description proportion of actual work done to the total work of that specific item as assessed by the Engineer. Items with quantities and units shall be paid against number of units used and/or incorporated in the works. 12 Additional Work The relevant Clauses of this Preamble shall be deemed to apply equally to any work subsequently ordered for execution by the Contractor either under Provisional Sum or Variation Orders, except where specifically varied therein. Works Requirements 13 Site Conditions and Visit 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 documents. 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. The costs and charges incurred by the Bidder in connection with the above-mentioned visit to the Site shall be borne by the Bidder. 118

119 CL Detail Description 14 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 and under the item as therein set forth. The Contractor shall be responsible for furnishing the Employer s Engineer with exact quantities of Works and/or materials he has executed per day or per specific work. The employer s Engineer 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. 119

120 CL Detail Description 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 Engineer. 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. 15 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 Engineer. 16 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 120

121 CL Detail Description 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. 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 Engineer 121

122 CL Detail Description 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 Engineer 122

123 CL Detail Description 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, 123

124 CL Detail Description 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. all recognized holidays, festivals, religious and other local customs any stoppage of work or delays due to adverse weather conditions SITE WORKS 124

125 CL Detail Description 17 Site Clearance The unit rate quoted for site clearance shall include for but not limited to the removal and grubbing out of all trees, shrubs, debris, boulders and all other objectionable materials from the designated area and dispose of same to approved pit provided by the contractor. The measurement shall be the plan area of the land within the limit of the site demarcated by the Engineer for the installation of various structures. The rate shall also include supply and spreading of at least 400mm thick of topsoil cover over the site upon completion of the works. 18 Earthworks Excavation in all Material except Rock:- The rates and prices for earth excavations including dredging shall be for all types of ground conditions encountered except rock but including ground situation above or below water level. The contractor shall make allowances for the possibility of permission not being granted to the use of explosives for blasting and other operations. Quantity of material excavated as the product of the horizontal area of the base of permanent work to be constructed and the mean depth below ground level or measured as the volume to be occupied by permanent work below ground level, whichever is the greater. In no case shall 125

126 CL Detail Description any of the following quantities be included in the measurement for payment. o material excavated outside the vertical planes of neat outline of foundation structures unless shown otherwise on the drawings o excavation and/or backfill for pipeline, storm sewers and under drains except as allowed for in pipeline construction as specified in pipe work, valves and fittings laying & installation o excavations work performed prior to the taking of measurements of the undisturbed natural ground o quantity of any material re handled, except where the drawings indicate or the Engineer directs the excavation after embankment has been placed o additional excavation required due to the swelling of the foundation when driving piles o removal of slides, cave ins, silting or filling due to the action of the elements or whether and/or carelessness of the Contractor o volume of excavated unsuitable material shall be measured as the actual volume of material removed as directed by the Engineer o excavation for trenches of pipeline is described elsewhere in this Preamble 126

127 CL Detail Description No allowance is made for any bulking or for any extra transport required due to bulking. The rates shall include but not by way of limitation for: excavation to the correct depth and preserving the bottoms of excavations in a state suitable for the reception of concrete, pipes or pipe bedding, and no payment shall be made for any concrete or pipe bedding required for filling of over excavated volumes or disturbed areas to the net dimensions as indicated on the Drawings any additional excavation required for shuttering, working space, temporary or permanent shoring, and subsequent refilling and ramming and disposal of surplus provision of land areas for the temporary storage of any material required for backfilling that cannot be stored alongside the excavation for any reason, together with the cost of transporting, loading including disposal of surplus and unloading such material and all other charges incurred in this respect trimming the bottoms of excavations including bottoming to falls and trimming to sloping surfaces where required or indicated on the Drawings taking all precautions by supporting faces of excavation to ensure the safety of the workmen and to prevent damage to adjacent walls, building and all other structures and services and to prevent damage to road and other surfaces by 127

128 CL Detail Description slip or breaking away or trench sides or other cause including permanent and/or temporary shoring of trenches keeping the site and trenches and all other excavations free from water arising from whatever cause for clearing any scrub or other vegetable growth including all trees and for disposing of the whole of the cleared material to top provided by the Contractor all temporary and permanent measures required to protect and support all existing pipes, cables and services including all chambers, gullies and foundations thereto, or repair or replace them should they become damaged due to the Contractor's activities all barriers, lighting, warning signs and any other measures necessary to ensure complete safety around the area of the works reinstatement of all affected surfaces and structures except where separate items are included for permanent reinstatement of roads 19 Structural Excavation: - The volume of material excavated for the installation of permanent structure shall be measured as the product of the horizontal plan area of the base of that structure and the mean depth below the ground level. The mean depth shall be measured to the underside of the 128

129 CL Detail Description specified blinding concrete. 20 Excavation in Rock: Excavation in rock in all cases shall be measured as extra over to excavation in normal materials by volume from the level at which rock is encountered. The volume of rock measured for trench excavation shall be to the maximum bottom width of trench permitted under the Specification or actual width, whichever is less and to the depth of bedding bottom level or as authorized by the Engineer. An isolated localized quantity of rock or other hard materials such as concrete encountered within the excavation of normal materials shall not be measured separately for payment unless its volume exceeds 1 cum except where the minimum volume shall be limited to 0.25 CM when the extent of net width of excavation is less than 2.5m. 21 Fill: Fill shall be measured where a separate item is provided as the net volume above ground level of the permanent earthwork to the dimensions shown on the Drawings or directed by the Engineer irrespective of source of material. The rate shall include for selection, handling, placing and compaction in compliance with the specifications of excavated or imported material. 129

130 CL Detail Description 22 Backfill: Backfill shall be measured (where items provided in BOQ) as the net difference between the volume measured under excavation as stated previously and the volume of installed permanent work below ground level. The rate shall include for selection, handling placing and compaction of excavated or imported material. CONCRETE WORKS 23 Generally, Concrete required for major structural construction shall be ready mix concrete and subject to Engineers approval. The unit rates for provision and placing of concrete shall include but not limited to following items:- All costs incurred in determining the mixes to satisfy the Specification including application of any admixtures as required Provision of storing, mixing, transporting, placing and compaction by mechanical means or Batching Plants except the supply of construction materials (Sand, Cement, and aggregate shall be the Contractors responsibility Water for construction works may be supplied by the Employer at a fee of 0.2USD/m 3 excavation as required below previously filled levels and backfilling except where separate 130

131 CL Detail Description items are provided roughening the surface of previously executed or existing work as required in order to provide the necessary bond with new concrete Realizing the required quality of finishes within the specified tolerance forming slops, falls and the like as specified in the contract incorporating holes or box out for pipes, bolts, frames for covers and other steel work as required Building in cable conduits, pipes, junction boxes etc. forming 25mm chamfers on all external arises to exposed concrete allowing for all construction joints, keys, stop ends, temporary stops and shuttering of other than permanently exposed faces\ provision and removal all shuttering/ form work, scaffolding as required curing of the concrete and all other measures to protect freshly poured concrete beating from direct sunlight and wave action trawling, rubbing down etc. and making good the concrete surfaces to provide the specified finishes 131

132 CL Detail Description cost of control testing throughout the period of concreting and for the testing of concrete and remedial work ordered by the Engineer consequent to the results of control tests falling below the minimum specified extra working hours of personnel to maintain continuity of casting daily return to the Engineer showing the quantities of cement and the number of mixing of each class of concrete used in each section of the works as well as for temporary works The measurement of concrete shall be either by cubic metre (CM), square metre (SM) or linear metre (LM) of completed structure as stipulated in the BOQ. In the event volumetric measure is used, no deductions shall be made for channels recesses or rebates less than 600mm girth, for splays or chamfers less than 300mm measured on the splay, for holes or ducts formed in the concrete less than 300mm girth. Fillets less than 300 mm on the splay shall be measured. 24 Blinding Concrete Rates for blinding concrete if a separate item is provided in the bill of quantity shall include for all additional excavation and disposal of surplus, necessary sawn shuttering where indicated on the Drawings or directed by 132

133 CL Detail Description the Engineer. Measure for payment of this work shall be in SM 25 Shuttering / Form work The unit rate for supply and placing of concrete shall include the cost of preparing, fitting, fixing of shuttering/formworks (metallic plates or sawn timbers) and shall also include scaffolding where necessary and in all cases no separate item would be included in the Bill of Quantities for measurement and payment of form work. Supply of necessary materials, equipment for preparing fitting fixing of formworks, scaffolding materials shall be procured by contractor and shall be included in the unit rate of concrete works Hence, the cost thereof for supply of necessary materials, equipment for preparing fitting fixing of formworks, scaffolding shall be deemed to be included in the rates for concrete work. 26 Steel Reinforcement The contractor shall prepare and submit reinforcement bar schedules for all reinforced concrete structures based on the detailed construction drawings provided by the Employer or for any additional works for approval by the Engineer prior to fabrication and fixing of any reinforcements in the works. The schedules shall be submitted well in advance to allow 133

134 CL Detail Description adequate time for checking. The rates for steel reinforcement bar and steel fabric reinforcement shall include for local transporting, storing, cleaning, cutting, fabricating, and all labour in working, distribution to various parts of the works, fixing in position, supporting, for the use of binding wire and for welding where indicated. The unit of measurement for steel reinforcement is the metric tonne (1MT = 1000 kg.) or KILOGRAM (kg) as shall be indicated in the BOQ, where separate item is provided and the weight of steel shall be calculated net with no allowance made for wastage or laps and the cost of these shall be deemed to be covered in the unit rates. The weight of steel supports, spacer bars and ties including stirrups and binders (tying wires) used to locate and hold the reinforcement in place shall not be included in the quantity and the cost of these shall be deemed to be covered in the unit rates. MISCELLANEOUS WORKS 27 Access Facilities The Main Contractor shall provide adequate access facilities to various sites within the project area to facilitate construction activities at no extra cost to the Employer. These new facilities provided by the Contractor shall be 134

135 CL Detail Description extended to other contractors/sub-contractors executing works for the project or other agencies. 28 Existing Services and Structures The Contractor's attention is specifically drawn to connections to and protecting of existing services and installations. The Contractor shall be deemed to have included in his tender rates and prices adequate provision to comply with all such requirements where applicable. 28 Painting & Protective Coatings The rate for painting and protective coatings whether measured separately or included in other items are to include for all temporary staging ladders and the like, covering the adjacent works to prevent splashing providing adequate protection to the work being painted or coated against dust, spray and other foreign matter, for all preparation and priming, carrying out the work in materials and colours to the requirements of the Engineer, curling in edges, washing off stains, and leaving the whole of the work perfect on completion. The rates for painting are to allow the applying of the final coat of paint immediately prior to handing over any section of the work. 30 Amendments to Designs Where amendments are required to the civil designs due to prevailing ground conditions, the amended designs shall be produced by the Contractor and approved by the 135

136 CL Detail Description Employers Engineer. No extra payment shall be made for this work to the Contractor. 31 Units of Bill of Quantities All sizes and quantities provided in the Bill of Quantities are in metric units, 32 Abbreviations: The units of measurement described in the Bill of Quantities are metric units. Abbreviations used in the Bill of Quantities are as follows: - km lm / m / LM mm sm / SM cm / CM No. kg tonne (t) litre Hrs. L.S. / SUM P.S. Kilometre Linear metre Millimetre Square metre Cubic metre Number Kilogram Tonne (1000 Kilograms) Litre Hours Lump Sum / Sum Provisional Sum 33 Provision of facilities: Separate items are not provided for the following which are deemed to be included in the Contract Price: - a) Construction and maintenance of any deviation or access roads and all expenses incurred due to passing of the traffic through or around the Site: 136

137 CL Detail Description b) Cost of negotiations for any land required by the Contractor in addition to that made available to him free of charge; c) The subsequent removal of the Contractor s site accommodation as required and quarrying facilities and the reinstatement of the area on completion of the Contract; d) Protection of the Site and Works from water, rain, theft & from any other source; e) Setting out and verification of all survey details and dimensions; f) Provision and preservation of survey control points; g) Provision of all samples and test certificates: and h) Water supply and services. i) Measures to reduce emissions and temporary protection of the environment. j) Provision of Protection Equipment to Staff k) Staff wages and salaries l) Fees for approvals and Licences from local authorities and the government to carry out the works m) Any other costs implied for the successful completion of these works 137

138 CL Detail Description 34 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. 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, V.A.T, commissioning 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 or freely convertible currency, shall be duty paid and shall also be inclusive of all taxes current at the time of tendering f) The quantities set out in the Bill of Quantities are the estimated quantities of the works and they shall not be taken as the actual and correct magnitude of the works to be executed by the contractor in fulfilment of his obligation under the Contract. 138

139 CL Detail Description g) 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. 139

140 SECTION X: BILL OF QUANTITIES ITEM DESCRIPTION - SECTION - CIVIL - 01 UNIT QNTY RATE AMOUNT (KES) ELEMENT - 01 PRELIMINARIES AND ENGINEERING 1.01 Site Office and Store The Contractor shall provide, erect and maintain all necessary covered storage, and site office complete as he may require, in a location within the working area to the approval of the Project manager for his own needs during the execution of this project; Allow for security arrangement and lighting; remove there upon completion of the project, and make-good grounds upon which the facility has been removed Allow a lumpsum for material testing, Quality Control and Quality assurance according to the contractors Quality Control program. (QCP) Item 1 PC Extra over item No for contractors overheads and profits 1.04 Engineering Formulation of methodology and Design work Provide engineering services, designs, calculations, bills of quantity, engineering drawings and Fabrication/workshop drawings to: Modified Fire Fighting system and potable water system Proposed Power house Longitudinal and transverse steel bracings Radar Penetration Test Survey (before and after grouting) on power plant fenced area and grout content and procedure design. % Item 1 Item 1 Item 1 140

141 ITEM DESCRIPTION - SECTION - CIVIL - 01 UNIT QNTY RATE AMOUNT (KES) TOTAL (Carried to Element 01Total ) New storm water and oil interceptor system Hot well pit monorail crane support and bracing modifications. Redesign damaged pile-head and anchor bolts Provide spring supports and dampers to the steam pipe supports inside the power house and re-design the roller supports Item 1 Item New Designs for all affected services and Item 1 facilities Pavements and Concrete surfaces Item Allow for Insurance for works Item Provisional sum for Labor day-works (Itemize all the rates quoted for in a separate sheet and attach failure to which this sum shall be prorated accordingly) Extra over item No for contractors overheads and profits 1.07 Allowance for personal Health and Safety measures and protection of the plant and installation for each part of works including, training, supply of required personal protective equipment, construction safety equipment deemed necessary by the Owner or his representative, preparation of Method statements and Risk Assessments for owner approval. It is especially to be noted that the Olkaria II Geothermal Power plant shall remain in operation during all of the remediation works identified herein Extra over item No for contractors overheads and profits Item 1 % Item 1 % 141

142 ITEM DESCRIPTION - SECTION - CIVIL - 01 UNIT QNTY RATE AMOUNT (KES) ELEMENT 01 (Carried to Summary) - ITEM DESCRIPTION - SECTION - CIVIL - 02 UNIT QNTY RATE AMOUNT (KES) ELEMENT 02 (All provisional) Geotechnical works These quantities are all provisional and shall not be used by the contractor to limit the achievement of the overall objective of the works. It shall be the contractor s responsibility to put in place a verifiable measurement regime for the sake of payment. No works shall be done without prior approval of the Project manager. Grouting shall only be done onto areas that cannot be excavated stabilized and backfilled afresh GROUTING AND FILLING FOR STRUCTURAL FOUNDATION WORKS MOBILIZATION 2.01 Allow for mobilization and demobilization of a suitable multidirectional Jet Grouting Rig and grout mixing unit for grouting. The rig shall be appropriately sized to be able to access all areas of the power house Prepare mix designs for cement based grout. Procure, haul, batch and mix designed grout. Pump and compress grout to all voids as per the Radar Penetration Survey and monitor inflow to 100% void fill. A non-retractable meter shall be mounted on the jet nozzle to measure quantity of pumped grout. This shall form basis for payment. Item 1.00 CM 6, Allow for curing of grouted areas Days

143 2.04 Coring for samples and ascertaining the effectiveness of the grout. Allow for all necessary tests on the cores and profiles No Make good all altered areas Item 1.00 ELEMENT 02 (Carried to Summary) ITEM DESCRIPTION - SECTION - CIVIL - 03 UNIT QNTY RATE AMOUNT (KES) ELEMENT 03 (All provisional) STRUCTURAL STEEL WORKS These rates shall include any erection of safe working platforms, temporary support works or propping as may be necessary. Rates shall also include any works to remove or reduce obstructions to works Welding shall be deemed to be in accordance with the ASTM specifications and for the material to which it is to be used. 20mm thick - Gusset plates, shoe plates, ends, caps, cleats, brackets, stiffeners, bolts, etc., shall be deemed to be included to the rate of the associated steel work (Steel Grade shall be as per S275 EN 10025) The rates shall also include All shop fabrication work, marking, and delivery, unloading, hoisting, erecting and fixing as per detail drawings. As a Minimum All welds shall be 15mm thick fillet weld & allowance for rolling margin Members shall be of any length and as per the designs. Cutting to size and shape and joints in the running length. Grinding to a smooth finish, unless otherwise required. Machine drilled bolt, holes, bolts, nuts and washers, cleats, shoe and gusset plates and all other connections. After fabrication wire brushed to clean the all steel surfaces and spray painted with two coats of epoxy & inc epoxy primer & two coats of epoxy paint with necessary accessories. To allow base strengthening, the columns will be required to be temporarily removed with building structure temporarily supported where necessary NEW LATERAL BRACES 3.01 Procure, fabricate and install and align new purpose made, galvanized and epoxy paint coated square hollow sections of cross sectional area dimensions 250 x 250 x12mm welded onto existing portal frames as per design. Include for extension of base plate. These shall be installed on axis/gridline 7&12 as shown in the preliminary design drawings. The column base on axis C7, D7, C12 and D12 is strengthened to accommodate base shear loads. Refer to detail 3 on the lateral bracing drawing. REPLACE LONGITUDANAL BRACES Kg 6,

144 ITEM DESCRIPTION - SECTION - CIVIL - 03 UNIT QNTY RATE AMOUNT (KES) 3.02 After preparation of all temporary support works, progressively and carefully remove and set aside existing steel bracing and connection from gridlines B(1-2),B (11-12),E(1-2),B(11-12) irrespective of floor level from ground floor ( m) to crane gantry level ( m) as shown in the preliminary design drawings. sum 1.00 TOTAL ( Carried to Element 03 Total ) 3.03 Procure, fabricate and install and align new purpose made, galvanized and epoxy paint coated square hollow sections of cross sectional area dimensions 250 x 250 x12mm welded onto existing portal frames as per design. These shall be installed on gridlines B(1-2),B (11-12),E(1-2),B(11-12) irrespective of floor level from ground floor ( m) to crane gantry level ( m) as shown in the preliminary design drawings. Kg 26, Modification of Unit 1 & 2 Hotwell crane support 3.04 Prepare necessary temporary supports and carefully remove existing long galvanized steel bracing, beams and failed gusset plates supporting the hot well pit area monorail crane. Set aside for future reuse (refer to the structural audit report) Procure, fabricate and install new purpose made, galvanized and epoxy paint coated square hollow sections of cross sectional area dimensions 250 x 250 x12mm welded onto existing portal frames as per design. These shall be installed on axis/gridline 7&12 as shown in the preliminary design drawings. sum 1.00 Kg 21, Column Base Strengthening for selected columns 144

145 ITEM DESCRIPTION - SECTION - CIVIL - 03 UNIT QNTY RATE AMOUNT (KES) 3.05 Prepare temporary supports Breakout existing column floor slab/pedestal base, prepare for re-casting column base/pedestal including joint preparation. Re - cast the column base. Allow for provision of methodology for Employers approval. No 6.00 TOTAL (Carried to Element 03 Total ) 3.06 Installation of base strengthening stirrups to all affected bases (6 reinforcement steel U stirrups Diameter 16mm, insertion depth from existing floor slab to a depth not less than 500mm.) Inc. All necessary materials, drilling, grouting (Hilti Hit Hy200) Rate Allow for all associated works 3.07 Installation of additional column anchors (4x Dia 24mm, overall length 750mm, embedment length from existing floor slab TOC 500mm per column base. Grade 8.8) inc. All necessary materials, drilling, grouting (Hilti Hit Hy200) Item 1.00 Item Re install Columns on modified bases No Provide Temporary supports for the internal Steam pipework, install supports as designed,install dampers as designed, commission the Steamline Item Detach the Power house structure from the steam-field pipe support structure Item 1.00 Element 03 (Carried to Summary) 145

146 ITEM DESCRIPTION - SECTION - CIVIL - 04 UNIT QNTY RATE AMOUNT (KES) ELEMENT 04 Plaster Repairs on hollow block masonry NOTES - During implementation, the Contractor's Project manager/structural Engineer shall be responsible for approving any methodologies for repair Such designs shall be undertaken within 21 days of commencement date and shall be approved accordingly by Client's Engineer The Main Power house building is constructed of reinforced concrete framing, Structural steel framing and blockwork and plastered infill panels. Due to excessive building movements, blockwork and plaster cracks have occurred and doorframes are distorted and jammed. Building works are required to repair and redecorate the staircase and re-align jammed doors (including fire doors) 4.01 Remove wall plaster work at control room entrance staircase along crack lines. Width 20cm M Re-plaster wall and forming a 4cm2 "u" profile rebate for movement joint Fill "u" profile with flexible polyurethane sealant or similar - subject to Employer's approval M 2 M painting staircase and make good M 2 3,000 Repairs unit 1 single and double personnel doors 4.05 Repairs resetting of single and double jamming doors frames/leaves (including fire rated, panic locked fire doors) No 8 146

147 4.06 Repair and putting back into operation of loading bay roller shutter door No 2 ELEMENT 04 (Carried to Summary) ITEM DESCRIPTION - SECTION - CIVIL - 05 UNIT QNTY RATE AMOUNT (KES) ELEMENT 05 Storm & oil Water Manhole System and Pipework NOTES - Due to excessive settlement of the manhole, it is requires for the contractor to design a storm water and oil interceptor pit system complete in every sense and dimension. Once approved, the design shall be implemented as follows. The Employer takes No responsibility for any omissions made. Excavations shall be on any material including reinforced concrete 5.01 Excavate and remove all sunken/settled manhole shaft max depth to benching 4m, plan dimension up to a size 2.5m x 2.5m 5.02 Supply and install replacement manhole shaft set to line and level plan dimension up to a size 1m x 1m 5.03 Excavate to expose all pipework, prepare area to receive new piping system as designed 5.04 Using suitable HDPE or equal and approved Material, Reconnect the drains and manholes as per the earlier design. Item Item Item Item Make good the surfaces to their original grade, quality level and finish. Rate to include all necessary works therein. Item 1 147

148 ELEMENT 05 (Carried to Summary) ITEM DESCRIPTION - SECTION - CIVIL - 06 UNIT QNTY RATE AMOUNT (KES) 6.01 ELEMENT 06 Roads and Paved Areas NOTES Roads and some paved areas have shown signs of heaving and settlement. This section seeks to restore these areas to their functional status. Removal of the overlay, backfilling and compaction of the roads and pavements is the major objective. Care shall be taken not to damage any existing service lines and piping underground. It shall be the responsibility of the contractor to ensure full compliance and any damages caused shall be repaired by the contractor at its own cost. The Contractor shall allow for passage of traffic in its design. There shall be no use of the local non-plastic soil material available around the site. Any omissions in this bill shall be bourne by the contractor. Excavate and cart away all arising debris, 20mm thick RC concrete slab in all affected areas around the Power Plant from Unit 1-3 areas. M Scarify, Excavate and cart away 150mm asphaltic concrete surface, soft/loose non-compacted, non-plastic soil material around the affected areas to designated areas (10km radius) M 3 3, Procure, haul, place and compact to design, Imported approved granular backfill material. M 3 3, Prime using MC30 cut back bitumen at the rate of l/m 2 to design requirements. M 2 1,

149 6.05 Procure, place and compact. A 50mm thick Asphaltic Concrete Type 1 to primed surfaces as per the designs. The contractor shall ensure all necessary profiles for drainage purposes M All Ancillary and storm water drainage works, Item - ELEMENT 06 (Carried to Summary) - ITEM DESCRIPTION - SECTION - CIVIL - 07 UNIT QNTY RATE 7.01 ELEMENT 07 Fire Fighting Ring System NOTES AMOUNT (KES) Leakages in the existing firefighting system is a main contributor to the water ingress underneath the power house. The objective is to bring this system to near the surface and encase it in covered concrete channels. Contractor shall install new pipes, Salvaged pipes shall be set aside for reuse if excavated. Care shall be taken to schedule these works in a way not to leave any part of the power plants exposed to the risk of lack of firefighting water. The new design shall retain the functionalities, loops, redundancies and profile of the old design. (refer to the drawings issued) Provide Temporary redundancies to ensure 100% 24/7 fire water supply in all areas of the power plant during the works. M Excavate and cart away 150mm asphaltic concrete, reinforced concrete surface, soft/loose non-compacted, non-plastic soil material around the fire water lines to expose and retrieve the entire line up to the main distribution line direct from the fire water tank. This shall include areas under the power plant unless where it proves technically impossible to expose. As per the design Item Procure, haul, place and compact to design, Imported approved granular backfill material to form foundation for the RC channel. Item Procure, batch, mix and place reinforced concrete to form concrete channels around the new fire water pipeline system. Rate shall include all formwork, reinforcement, tests, vibration and compaction Item Provide for sufficient storm water or any leakage water drainage and access to all parts of the system as per the design. Item 1-149

150 7.06 Procure and lay, well lagged and hot deep galvanized pipes of similar size and configuration to the existing line to form a new and complete fire water system with same capability and functionality as the existing system. Provide Item 1 all new controls, Transformer sprinklers and valves as required All Ancillary works Item Testing and commissioning of the new fire water system Item 1 - ELEMENT 07 (Carried to Summary) - ITEM EO1 EO2 EO3 DESCRIPTION ELEMENT 01 (Preliminary and Engineering) ELEMENT 02 (Geotechnical) ELEMENT 03 (Structural repairs) AMOUNT (KES) EO4 ELEMENT 04 (General Repairs) EO5 ELEMENT 05 (Storm & Oil Water System) EO6 ELEMENT 06 (Road and Pavements) CO7 ELEMENT 07 (Fire Fighting System) Sub Total A ADD 10% Contingencies Sub Total B 150

151 ADD 16% V.A.T TOTAL COST CARRIED TO FORM OF TENDER 151

152 SIGNED: BILL OF QUANTITIES To be filled in block letters Total Tender Price in Figures: Total Tender Price in Words: (Carried to Form of Tender) ) ) KES Company Name ) COMPANY ADDRESS: Physical ) ) Phone ) NAME OF REPRESENTATIVE (With Power of Attorney) ) Sign ) ) Phone ) ) ) ) ) ) ) 152

153 Date (DD-MM-YYYY) ) Company/Firm Stamp ) 153

154 SECTION XI: LIST OF DRAWINGS APPENDIX I GENERAL LAYOUT APPENDIX II STRUCTURAL DRAWINGS APPENDIX III FIRE FIGHTING SYSTEM 154

155 SECTION XII: FORMS 155

156 SITE VISIT CERTIFICATE 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: TENDER FOR STRUCTURAL REHABILITATION OF OLKARIA II GEOTHERMAL POWER STATION Held on Day of 20 To be filled by KenGen Representative (Name of KenGen s Representative) (Designation) 156