KGN OLK 83 2013 Tender for Painting Works at Olkaria Geothermal Health Spa Project

8/14/2019 KGN OLK 83 2013 Tender for Painting Works at Olkaria Geothermal Health Spa Project

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Tender f or Pain ting Works at the Geothermal Spa Project 1

KENYA ELECTRICITY GENERATING COMPANY

LIMITED

KGN-OLK-83-2013

TENDER FOR PAINTING WORKS AT OLKARIA

GEOTHERMAL HEALTH SPA DEVELOPMENT

(REGISTERED GROUPS OF YOUTH , WOMEN AND

PERSONS WITH DISABI L I TY)

Kenya Electricity Generating Company LimitedStima Plaza, Kolobot Road, Parklands

P.O BOX 47936-00100

NAIROBI.

Website:www.kengen.co.ke

November 2013
http://www.kengen.co.ke/http://www.kengen.co.ke/


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Tender For Pain ting Works At Olkari a Geothermal Health Spa Project Page 2

TABLE OF CONTENTS

SECTION I - INVITATION TO TENDER ...................................................................................... 3

SECTION II - INSTRUCTIONS TO TENDERERS ....................................................................... 4

SECTION III - GENERAL CONDITIONS OF CONTRACT ..................................................... 13SECTION IV: - APPENDIX TO GENERAL CONDITIONS OF CONTRACT Error! Bookmark

not defined.SECTION V - TENDERING INSTRUCTION ............................................................................... 15

SECTION VI - SPECIAL CONDITIONS OF CONTRACT ........................................................ 26

SECTION VII SPECIFICATIONS ............................................................................................. 30

SECTION VII A - GENERAL REQUIREMENTS OF MATERIALS, WORKS AND

WORKMANSHIP.............................................................................................................................. 31

PART 1GENERAL SPECIFICATIONS FOR MATERIALS ................................................... 31

PART 2PRELIMINARIES AND GENERAL REQUIREMENTS ........................................... 34

SECTION VII BTECHNICAL SPECIFICATIONS FOR MATERIALS, WORKS AND

WORKMANSHIP.............................................................................................................................. 41PAINTING AND DECORATING MATERIALS -------------------------------------------------------- 41

1.1 Manufacturers ------------------------------------------------------------------------------------------ 411.2 General -------------------------------------------------------------------------------------------------- 411.3 Lead based paints -------------------------------------------------------------------------------------- 41

1.3 Primers and undercoats ------------------------------------------------------------------------------- 411.4 Textured coating --------------------------------------------------------------------------------------- 41

WORKMANSHIP --------------------------------------------------------------------------------------------- 422.1 General -------------------------------------------------------------------------------------------------- 42

2.2 Inspection ----------------------------------------------------------------------------------------------- 42

2.3 Paint application --------------------------------------------------------------------------------------- 422.4 Drying --------------------------------------------------------------------------------------------------- 42

2.5 Packaging, delivery and storage --------------------------------------------------------------------- 43

1.0 PREAMBLES TO BILLS OF QUANTITIES .......................................................................... 44


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SECTION II - INSTRUCTIONS TO TENDERERS

1.0 General

1.1 The Employer as defined in the Appendix to Conditions of Contract invites tenders for

Supply and Works Contract as described in the tender documents. The successful Tendererwill be expected to complete the Supply and Works by the Intended Completion Date

specified in the said Appendix.

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

tender, and the Employer will in no case be responsible or liable for those costs.

1.3 The Tenderer, at the Tenderers own responsibility and risk, is encouraged to visit and

examine the Site of the 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 Tenderers own expense.

1.4 The procurement entitys employees, committee members, board members and their relative

(spouse and children) are not eligible to participate in the tender.

1.5 The procuring entity shall allow the tenderer to review the tender document free of charge

before purchase.

2.0 Tender Documents

2.1 The complete set of tender documents comprises the documents listed here below and any

addenda issued in accordance with clause 2.4 here below:-

(a) These instructions to Tenderers(b) Form of Tender(c) Conditions of Contract and Appendix to Conditions of Contract(d) Technical Specifications and Drawings(e) Work Site Map(f) Price Schedule and Requirements(g) Other materials required to be filled and submitted in accordance with these

Instructions and Conditions

2.2 The Tenderer shall examine all instructions, forms and specifications in the tenderdocuments. Failure to furnish all information required by the tender documents may result in

rejection of his tender

2.3 A prospective Tenderer making inquiry of the tendering documents may notify the Employer

in writing or by cable, telex or facsimile at the address indicated in the letter of invitation to

tender. The Employer will respond to any request for clarification received earlier than seven

(14) days prior to the deadline for submission of tenders. Copies of the Employers response

will be forwarded to all persons issued with tendering documents, including a description of

the inquiry, but without identifying its source.

2.4 Before the deadline for submission of tenders, the Employer may modify the tenderingdocuments by issuing addenda. Any addendum thus issued shall be part of the tendering


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documents and shall be communicated in writing or by cable, telex or facsimile to all

Tenderers. Prospective Tenderers shall acknowledge receipt of each addendum in writing to

the Employer.

2.5 To give prospective Tenderers reasonable time in which to take an addendum into account in

preparing their tenders, the Employer mayextend, as necessary, the deadline for submissionof tenders in accordance with clause 4.0 here below.

2.6 Mandatory Site Visit

a) There shall be a MANDATORY SITE VISIT on 26th November 2013, starting from10.00am

b) The site is located at Olkaria Geothermal Development, approximately 260km to and fromNairobi.

c) Participants will be required to assemble at the KWS entry Gate, where they will be furtheradvised further

d) Participant are further informed and advised that there may be gate entry charges at KWSgate

e) The contractor is required to fill and bring with him the provided site visit certificate at thetime of the organized site visit.

f) The certificate is provided in Appendix 1, to the tender document.3.0 Preparation of Tenders

3.1 All documents relating to the tender and any correspondence shall be in English Language.

3.2 The tender submitted by the Tenderer shall comprise the following:-

(a) The Tender;(b) Filled Priced Schedule, Tender form, Confidential Business Questionnaire and

other Requirements

(c) Any other materials required to be completed and submitted by Tenderers.3.3 The Tenderer shall fill in rates and prices for all items of the Works described in the Bill of

Quantities/Schedule of Rates. Items for which no rate or price is entered by the Tenderer will

not be paid for when executed and shall be deemed covered by the other rates and prices in

the Bill of Quantities/Schedule of Rates. All duties, taxes and other levies payable by the

Contractor under the Contract, as of 30 days prior to the deadline for submission of tenders,

shall be included in the tender price submitted by the Tenderer.

3.4 The rates and prices quoted by the Tenderer shall not be subject to any adjustment during the

performance of the Contract.

3.5 The unit rates and prices shall be in Kenya Shillings.


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3.6 Tenders shall remain valid for a period of ONE HUNDRED AND TWENTY (120) days

from the date of submission.

However in exceptional circumstances, the Employer 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.

3.7 Format and Signing of Tender

The Tenderer shall prepare one (1)original and Two (2) copies of the tender, clearly marking

each ORIGINAL TENDERand COPY OF TENDERas appropriate. In the event of

any discrepancy between them, the original shall govern.

The original and the copy or copies of the Tender shall be typed or written in indelible ink

and shall be signed by the Tenderer or a person or persons duly authorized to bind the

Tenderer to the contract. All pages of the Tender, except for un-amended printed literature,

shall be initialed by the person or persons signing the Tender.

Any inter-lineation, erasures, or overwriting shall be valid only if they are initialed 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.

The Tenderer shall seal the original and each copy of the Tender in separate envelopes, duly

marking the envelopes as ORIGINALand COPY. The envelopes shall then be sealed

in an outer envelope.

The inner and outer envelopes shall:

(a) Be addressed to the Employer at the address given in the Tender Data Sheet; and

(b) bear the Project name indicated in the Tender Data Sheet, the title and number of

tender indicated in the Tender Data Sheet, and a statement: DO NOT OPEN

BEFORE 5th

December 2013 at 11:30 a.m.

The inner envelopes shall also indicate the name and address of the Tenderer to enable theTender to be returned unopened in case it is declared late.

3.8 The original and copy 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. All pages of the tender

where alterations or additions have been made shall be initialed by the person or persons

signing the tender.

3.9 Clarification of tenders shall be requested by the tenderer to be received by the procuring

entity not later than 14 days prior to the deadline for submission of tenders.

3.10 The procuring entity shall reply to any clarifications sought by the tenderer within 3 days ofreceiving the request to enable the tenderer to make timely submission of its tender.


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3.11 Tender Security

The tenderer shall not furnish a Tender Security

The tender securing declaration form is required to protect the Procuring entity against therisk of Tenderer withdrawing its tender during the period of tender validity specified by

KenGen on the Tender Form

Any bidder from the target group who fails to adhere to the terms of the Tender Securing

Declaration Form shall be liable to debarment pursuant to Section 115 of the Public

Procurement and Disposal Act (2005).

4.0 Submission of Tenders

4.1 Tender Submission Format - Mandatory Requirements

This order and arrangement shall be considered as the Tender Submission Format. Tenderers shall

tick against each item indicating that they have provided it.

No ItemTick Where

Provided

1) Mandatory Site Visit Certificate2) Provide phone number (s) and email address (es) for the

person(s) signing the tender on behalf of the tenderer.3) Physical Registered Office Address

(Attach proof of ownership/lease/rental etc)

4) Tender Securing Declaration Formvalid till 4thMay 2014(150 daysfrom date of closing of tender)

5) Duly completed Price Schedule, Signed and Stamped withdate on every page.

6) Duly completed Tender Form, Signed and Stamped with date.7) A prepared program of works(in MS Projects or applicableequivalent) showing clearly the duration with which the works

shall be carried out to completion.

8) Duly Filled and signed Confidential Business Questionnaire9) Company dossier with proof of incorporation (attach certified

copy of Incorporation/ Registration)

10) Copy of valid Tax Compliance Certificate issued by KRA11) Proof of current registration with NATIONALCONSTRUCTION AUTHORITY - NCA 7 and above.

(attach certified copy)

12) List of personnel proposed for execution of the works andtheir detailed qualification and experience (attach copies of


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CVS and certificates)

13)

SIMILAR WORKSOngoing: List of ongoing project(s) of similar works. Attach

Copies of contracts, purchase orders and Award Letters (State

Project Cost and Duration to completion)Completed: List of similar civil works and their value and

duration of completion undertaken within the last five years.

(previous contracts, purchase orders Award Letters and

certificate of completion.

14) List of plant and equipment owned by the form includingregistration numbers and year of manufacture and their currentcondition.

15) List of Sub-Contractors (if any) ; Minimum 2 Subcontractorsper work to be subcontracted

16) Litigation history of the company17) Names with full telephone contacts email addresses, physicaladdresses and reference letters from of at least two (2)

previous Clients offered similar services.

18) Copy of Bank Statements/Bank reference for the last Sixmonths.

19) Certificate of Registration in a target group issued by theMinistry of Finance or Respective County Treasury.

20) Any other document or item required by the Tender Documentthat is non-financial. (The Tenderer shall specify such otherdocuments or items it has submitted)

4.3 The tender duly filled and sealed in an envelope shall;-

a) be addressed to the Employer at the address provided in the invitation to tender;b) Bear the name and identification number of the Contract as defined In the

invitation to tender; and

c) Provide a warning not to open before the specified time and date forTender opening.

4.4 Tenders shall be delivered to the Employer at the address specified above not later than the

time and date specified in the invitation to tender.

4.5 The tenderer shall not submit any alternative offers unless they are specifically required in the

tender documents.

Only one tender may be submitted by each tenderer.

Any tenderer who fails to comply with this requirement will be disqualified.

4.6 Any tender received after the deadline for opening tenders will be returned to the tenderer un-

opened.


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accept the corrected amount, the tender may be rejected and the Tender

Security forfeited.

5.5 The tender evaluation committee shall evaluate the tender within 30 days of the validity

period from the date of opening the tender.

5.6 Contract price variations shall not be allowed for contracts not exceeding one year (12

months)

5.7 Price variation requests shall be processed by the procuring entity within 30 days of receiving

the request.

5.8 To assist in the examination, evaluation, and comparison of tenders, the Employer at his

discretion, may request [in writing] any Tenderer for clarification of the tender, including

breakdowns of unit rates. The request for clarification and the response shall be in writing or

by cable, telex or facsimile but no change in the tender price or substance of the tender shall

be sought, offered or permitted.

5.9 The Tenderer shall not influence the Employer on any matter relating to his tender from the

time of the tender opening to the time the Contract is awarded. Any effort by the Tenderer to

influence the Employer or his employees in his decision on tender evaluation, tender

comparison or Contract award may result in the rejection of the tender.

6.0 Award of Contract

6.1 The award of the Contract will be made to the Tenderer who has offered the lowest evaluated

tender price.

6.2 Notwithstanding the provisions of clause 6.1 above, the Employer 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 or any obligation to inform the affected Tenderer or Tenderers of the grounds for

the action.

6.3 The Tenderer whose tender has been accepted will be notified of the award prior to expiration

of the tender validity period in writing or by cable, telex or facsimile. This notification

(hereinafter and in all Contract documents called the Letter of Acceptance) will state the

sum [hereinafter and in all Contract documents called the Contract Price which theEmployer will pay the Contractor in consideration of the execution, completion, and

maintenance of the Works by the Contractor as prescribed by the Contract. The contract shall

be formed on the parties signing the contract. At the same time the other tenderers shall be

informed that their tenders have not been successful.

6.4 The Contract Agreement will incorporate all agreements between the Employer and the

successful Tenderer. It will be signed by the Employer and sent to the successful Tenderer,

within 15 days following the notification of award. Within 15 days of receipt, the successful

Tenderer will sign the Agreement and return it to the Employer.


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6.5 Within 15 daysafter receipt of the Letter of Acceptance, the successful Tenderer shall deliver

to the Employer a Performance Securityamount stipulated in the Appendix to Conditions of

Contract.

The proceeds of the Performance Guarantee shall be payable to the Employer as

compensation for any loss resulting from the Contractors failure to complete its obligationsunder the Contract;

The Performance Guarantee shall be in Kenya Shillings and shall be in one of the forms bank

guarantee. The Performance Guarantee will be discharged by the Employer and returned to

the Contractor not later than thirty (30) days following the date of completion of the

Contractors performance obligations under the Contract, including any warranty obligations,

unless specified otherwise in SCC.

6.6 The parties to the contract shall have it signed within 30 days from the date of notification of

contract award unless there is an administrative review request.

6.7 The procuring entity may at any time terminate procurement proceedings before contract

award and shall not be liable to any person for the termination.

6.8 The procuring entity shall give prompt notice of the termination to the tenderers and on

request give its reasons for termination within 14 days of receiving the request from any

tenderer.

7.0 Corrupt and fraudulent practices

7.1 The procuring entity requires that the tenderer observes the highest standard of ethics during

the procurement process and execution of the contract. A tenderer shall sign a declaration that

he has not and will not be involved in corrupt and fraudulent practices.

7.2 The procuring entity will reject a tender if it determines that the tenderer recommended for

award has engaged in corrupt and fraudulent practices in competing for the contract in

question.

7.3 Further a tenderer who is found to have indulged in corrupt and fraudulent practices risks

being debarred from participating in public procurement in Kenya.

8.0 Preference and Reservations

a)

In the evaluation of Tenders KenGen shall apply exclusive preference to Youth, Women andDisabled persons participating in the tender.

b) To qualify for preference the tenderer shall provide evidence of eligibility by:1) Proving Kenyan citizenship by production of a Kenyan Identity Card.2) For the purpose of benefiting from preference and reservations schemes, an enterprise owned

by youth, women or persons with disabilities shall be a legal entity that:-

(i) Is registered with the National Treasury or the respective county treasury with whichthey operate

(ii)Has at least seventy percent membership of youth, women or persons with disabilitiesand the leadership shall be one hundred percent youth, women and persons with

disability, respectively

c) If such additional preference schemes apply, details will be given in the under MandatoryBusiness Questionnaire.


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d) The Purchaser will review the bids to confirm the appropriateness and conformance tospecifications of the offered goods to the required specifications.


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SECTION III: APPENDIX TO INSTRUCTIONS TO TENDERERS

Tender Data SheetThe following specific data for the goods to be procured shall complement, supplement, or amend

the provisions in the Instructions to Tenderers (ITB). Whenever there is a conflict, the provisions

herein shall prevail over those in ITB.

ITB

1 Name of Employer:

Kenya Electricity Generating Company Limited

2 Employers address, telephone, telex, and facsimile numbers:

Stima Plaza Phase III, Kolobot Road,P.O. Box 47936, 00100NAIROBI, KENYA.

Tel: +254 2 3202000.Fax: +254 2 248848

3 Name of Employer's Representative:

Geothermal Development Manager

4 Name of the Engineer is:

to be advised

5 Name of Project:

TENDER FOR PAINTING WORKS AT OLKARIA GEOTHERMAL HEALTH SPADEVELOPMENT

6 Name of Contract:

TENDER FOR PAINTING WORKS AT OLKARIA GEOTHERMAL HEALTH SPADEVELOPMENT

7 Identification Number of the Contract:

KGN-OLK-83-2013

8 Financed by:

Kenya Electricity Generating Company Ltd. (KenGen)

9 The Works consist of:

PAINTING WORKS AT OLKARIA GEOTHERMAL HEALTH SPA DEVELOPMENT

10 The Site is located at:

Hells Gate National Park at Olkaria Geothermal Project, 34 km south west of Naivasha town.Naivasha town is 90 km from Nairobi

11 The Start Date shall be:

The Commencement Date as Defined in Letter of Award

12 The defect Liability Period is:

Six (6) Months

13 Language of the Tender:

English


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Tender Price and Currency

14 The price shall be:

Fixed

15 The prices quoted shall be in:

Kenya Shillings

Preparation and Submission of Tenders.

16 Tender validity period:

120 Days

17 Tender Security / Bid Bond

4t

May 2014

18 Number of copies:Three (3) Copies

19 Tender title and number on cover:

KGN-OLK-83-2013; TENDER FOR PAINTING WORKS AT OLKARIA GEOTHERMALHEALTH SPA DEVELOPMENT

20 Address for Tender submission:

Company Secretary, Legal & Corporate Affairs DirectorStima Plaza Phase III, Kolobot Road,

P.O. Box 47936, 00099NAIROBI, KENYA.

21 Mandatory Site Visit Date:

26th

November 2013.

22 Deadline for Tender submission:

5t

December 2013 at 11.00 a.m.

23 Time, date, and place for Tender opening:

5th

December 2013 at 11.30 a.m.Kenya Electricity Generating Company OfficesStima Plaza Phase III, Kolobot Road,Nairobi

24 Tender Submission Format.

Documents herein required shall be submitted in the format and order as given in ITB Clause 4.Bidders are required to Comply fully.

25 ON CONTRACT AWARD

Amount of performance security shall be ten percent (10%) of the contract price


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SECTION IV - TENDERING INSTRUCTION

1. The tenderer is expected to check the numbers of the pages and should he find any missing orin duplicate or the figures or type indistinct, he must inform the Engineer at once and have

the same rectified.

Should the tenderer be in doubt about the precise meaning of any item, word or figure, for

any reason whatsoever or observe any apparent omission of correct words or figures, he must

inform the Engineer in order that the meaning may be decided upon before the date for the

submission of the tender.

No liability whatsoever will be admitted nor claim allowed in respect of errors in the

contractors tender due to mistakes in the Bills of Quantities which should have been rectified

in the aforesaid manner.

Further information or clarification may be obtained from the Employers representative at

the following address: -

Supply Chain ManagerKenya Electricity Generating Company Limited

2ndFloor, Stima Plaza, Phase III

Kolobot Road, Parklands

P O Box 47936 - 00100

NAIROBI, KENYA

Fax: (254) (020) 3666200

Email;[email protected]

[email protected];[email protected]

The Engineer will inform all tenderers of questions raised and answers to such questions.

Verbal explanations by the staff of the employers or by the Engineer will not be binding.

2. The tenderer shall not alter or otherwise qualify the text of these Tender Documents. Anyunauthorized alternations or qualifications shall be ignored and the text of the documents as

printed will be adhered to. Any comments which the tenderer desires to make shall not be

placed in the annexed documents, but shall take the form of a separate statement in English

language as briefly as possible and giving reference to page, clause or item number of the

tender documents.

3. The Tenderer shall be presumed to have made allowance in his prices generally to coveritems of preliminaries or additions to prime cost sums or other items if these have not been

priced against the respective items.

4. All items of measured work shall be priced in detail and tenders containing lump sums tocover trades or groups of work must be broken down to show prices of each item before they

will be accepted. Lump sums to cover items of preliminaries shall likewise be broken down

if so required

5. In no case will any expense incurred by the Tenderer in preparation of this Tender bereimbursed. Tenderers are strongly advised to visit the site to obtain any information thatmay be helpful in the preparation of their Tenders.
mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]


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6. The copyright of these Bills of Quantities is vested in the Engineer and no part thereof maybe reproduced without their express written permission.

7. The tenderer shall be solely responsible for the accurate ordering of materials in accordancewith drawing and the Engineers instructions and no claim for any loss or expense will beentertained for orders for material based upon the Bills of Quantities.

8. Tender Documentsa. These instructions

b. Form of tenderc. Contractors performance bondd. Employers performance bonde. Conditions of contractf. Generals and Technical Specificationsg. Bills of Quantities for the Works

In addition to the above, each tenderer shall be supplied with duplicates of Forms of Tender

only. Further copies of these documents may be obtained from the Engineer but a charge will

be made for them and no refund made on their return.

9. Site Conditions and VisitNotwithstanding the fact that surveys have been made, each tenderer must make local and

independent examination and inquiries as to the physical conditions prevailing at the Site and

each tenderer shall obtain his own information regarding all matters and things that may in

any way influence him in making a tender and fixing the prices to be inserted in these

document.

Each tenderer 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 tenderer in connection with the above-mentioned visit

to the Site shall be borne by the tenderer.

10.Local LegislationThe Tenderers 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 (as amended from time to time), which are to be strictlycomplied with at all times.

11.Completion and Submission of TendersTenders shall be completed in indelible ink on the form provided herewith and the form and

one copy of all documents required to accompany the tender must be submitted. All

information called for therein must be inserted and the documents signed and dated as and

where indicated.

The completed tender documents and all accompanying documents should be enclosed in a

sealed double enveloped package. The inner envelope should bear the tenderers name whilst

the outer one should bear the endorsement: -


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TENDER FOR CONSTRUCTION OF DIRECT USE ACCESS AND PARKING LOT AND

KWS GATE EXPANSION WORKS AT OLKARIA GEOTHERMAL POWER

DEVELOPMENT only and the package should be lodged by hand or mailed so that it is received atthe offices,

Company Secretary

Kenya Electricity Generating Company Limited

7th

Floor, Stima Plaza Phase III

Kolobot Road, Parklands

P O Box 47936 - 00100

NAIROBI, KENYA

On or before: 5th

December 2013 at 11.00 a.m.

Tenders will be opened on 5th

December 2013 at 11.30 a.m. Tenderers or their representatives maybe present fifteen minutes in advance if they so wish.

Tenders received after the appointed time will be returned unopened unless the delay is not due to anyfault of the Tenderer and its late acceptance will not give the Tenderer any advantage over othertenderers.

Submission of a tender shall be deemed an acceptance by the tenderer of the conditions laid down orimplied in these instructions. Any Tender found not conforming to the foregoing instructions may notbe considered.

12.Award of ContractIf the successful Tenderer fails to enter into and execute the Contract Agreement or to furnish thePerformance Bond within thirty days of being required to do so in writing by or on behalf of theEmployer, then the Employer shall be entitled (but not obliged) by notice in writing to withdraw

acceptance of the Tender and such acceptance if so withdrawn shall thereupon be void and as thoughit had never been given and the Tenderer shall have no claim against the Employer whether ofdamages, specific performance or otherwise in respect of such acceptance of withdrawal.

13.Tender validity period.The tenders shall remain valid for ONE HUNDRED AND TWENTY (120) DAYSfrom the date forsubmission of tenderers. No tender may withdraw his tender within this period.

14.Tenderers ObligationsThe Tenderer shall treat the contents of these documents as private and confidential.The Tenderer shall acknowledge receipt of the Tender Documents.

15.Method of MeasurementThese Bills of Quantities have been prepared in accordance with the Standard Method ofMeasurements of Building works for East Africa, First Edition (metric), 1970, but, save as aforesaid,nothing in these bills shall override, modify or affect in any way whatsoever the application orinterpretation of that which is contained in the Conditions of Contract.

16.Value Added TaxThe tenderers attention is drawn to the legal requirement that value added tax (VAT) shall bechargeable in construction projects.

Provision has been made for addition of VAT on builders work in the Main Summary.

The tenderers rates should be exclusive of VAT; The VAT Amount shall be inserted in the MainSummary.


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SECTION V - 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;

Bills of Quantities means the priced and completed Bill of Quantities forming part

of the tender [where applicable].

Schedule of Rates means the priced Schedule of Rates forming part of the tender

[where applicable].

The Completion Date means the date of completion of the Works as certified by

the Employers Representative.

The Contract means the agreement entered into by the Employer and theContractor as recorded in the Agreement Form and signed by the parties.

The Contractor refers to the person or corporate body thats tender to carry out the

Works has been accepted by the Employer.

The Contractors Tender is the completed tendering document submitted by the

Contractor to the Employer.

The Contract Price is the price stated in the Letter of Acceptance.

Days are calendar days; Monthsare calendar months.

A Defectis any part of the Works not completed in accordance with the Contract.

The Defects Liability Certificate is the certificate issued by Employers

Representative upon correction of defects by the Contractor.

The Defects Liability Period is the period named in the Appendix to Conditions

of Contract and calculated from the Completion Date.

Drawings include calculations and other information provided or approved by theEmployers Representative for the execution of the Contract.

Employer Includes Central or Local Government administration, Universities,

Public Institutions and Corporations and is the party who employs the Contractor to

carry out the Works.

Equipment is the Contractors machinery and vehicles brought temporarily to the

Site for the execution of the Works.

Site means the place or places where the permanent Works are to be carried out

including workshops where the same is being prepared.


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Materials are all supplies, including consumables, used by the Contractor for

incorporation in the Works.

Employers Representative is the person appointed by the Employer and notified

to the Contractor for the purpose of supervision of the Works.

Specification means the Specification of the Works included in the Contract.

Start Date is the date when the Contractor shall commence execution of the

Works.

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.

Temporary works are works designed, constructed, installed, and removed by the

Contractor which are needed for construction or installation of the Works.

A Variation is an instruction given by the Employers Representative which varies

the Works.

The Works are what the Contract requires the Contractor to construct, install, and

turnover to the Employer.

2.0 Contract Documents

The following documents shall constitute the Contract documents and shall be interpreted in

the following order of priority;

a) Agreement,b) Letter of Acceptance,c) Contractors Tender,d) Conditions of Contract,e) Specifications,f) Drawings,g) Bills of Quantities or Schedule of Rates [whichever is applicable)

3.0 Employers Representatives Decisions

3.1 Except where otherwise specifically stated, the Employers Representative will decide

contractual matters between the Employer and the Contractor in the role representing the

Employer.

4.0 Works, Language and Law of Contract

4.1 The Contractor shall construct and install the Works 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 Employers Representative, and complete them by the Intended Completion Date.


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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

5.1 The Contractor shall be responsible for design of temporary works and shall obtain approvalof 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.

6.0 Work Program and Sub-contracting

6.1 Within seven days after Site possession date, the Contractor shall submit to the Employers

Representative for approval a program showing the general methods, arrangements, order and

timing for all the activities in the Works.

6.2 The Contractor may sub-contract parts of the Works with the approval of the EmployersRepresentative. However, he shall not assign the Contract without the approval of the

Employer in writing. Sub-contracting shall not alter the Contractors 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 Employers Representative and any other person authorized by

the Employers Representative, access to the Site and to any place where work in co nnection

with is being the Contract carried out or is intended to be carried out.

8.0 Instructions

The Contractor shall carry out all instructions of the Employers Representative which are in

accordance with the Contract.

9.0 Extension of Completion Date

9.1 The Employers 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 Employers Representative shall decide whether and by how much to extend theCompletion Date.

9.2 For the purposes of this clause, the following occurrences shall be valid for consideration;

Delay by:-

a) force majeure, orb) reason of any exceptionally adverse weather conditions, orc) reason of civil commotion, strike or lockout affecting any of the tradesemployed upon the Works or any of the trades engaged in the preparation,


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manufacture or transportation of any of the goods or materials required for the

Works, or

d) reason of the Employers Representatives instructions issued under theseConditions, or

e) reason of the contractor not having received in due time necessaryinstructions, drawings, details or levels from the Employers 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 unreasonably distant

from nor unreasonably close to the date on which it was necessary for him to

receive the same, or

f) delay on the part of artists, tradesmen or others engaged by the Employer inexecuting work not forming part of this Contract, or

g) reason of delay by statutory or other services providers or similar bodiesengaged directly by the Employer, or

h) reason of opening up for inspection of any Work covered up or of the testingor 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

i) reason of delay in appointing a replacement Employers Representative, orj) 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

k) Delay in receiving possession of or access to the Site.10.0 Management Meetings

10.1 A Contract management meeting shall be held regularly and attended by the Employers

Representative and the Contractor. Its business shall be to review the plans for the remaining

Work. The Employers Representative shall record the business of management meetingsand 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 Employers

Representative either at the management meeting or after the management meeting and stated

in writing to all who attend the meeting.

10.2 Communication between parties shall be effective only when in writing.

11.0 Defects

11.1 The Employers Representative shall inspect the Contractors work and notify the Contractor

of any defects that are found. Such inspection shall not affect the Contractorsresponsibilities. The Employers Representative may instruct the Contractor to search for a


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defect and to uncover and test any Work that the Employers Representative considers may

have a defect. Should the defect be found, the cost of uncovering and making good shall 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.

11.2 The Employers Representative shall give notice to the Contractor of any defects before theend of the Defects Liability Period, which begins at Completion, and is defined in the

Appendix to Conditions of Contract.

11.3 Every time notice of a defect is given, the Contractor shall correct the notified defect within

the length of time specified by the Employers Representatives notice. If the Contractor has

not corrected a defect within the time specified in the Employers Representatives notice, the

Employers 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.

12.0 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 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.

12.2 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.

13.0 Variations

13.1 The Contractor shall provide the Employers Representative with a quotation for carrying out

the variations when requested to do so. The Employers Representative shall assess the

quotation and shall obtain the necessary authority from the Employer before the variation is

ordered.

13.2 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 notcorrespond 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.

13.3 If the Contractors quotation is unreasonable, the Employers Representative may order the

variation and make a change to the Contract Price, which shall be based on the Employers

Representatives own forecast of the effects of the variation on the Contractors costs.

14.0 Payment Certificates and Final Account

a) Payment shall be made upon re-measure of works against the Priced Bill of Quantities.


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b) Progress Payment shall be based on the value of the works completed but shall not be lessthan 20% of the total contract cost, up to a maximum of 90% of the total Contract Amount.

c) The Final 10% of the Contract Price shall be paid after expiry of the Defects Liability Period14.1 Upon deciding that Works included in a particular stage are complete, the Contractor shall

submit to the Employers Representative his application for payment. The Employers

Representative shall check, adjust if necessary and certify the amount to be paid to the

Contractor within 21 days of receipt of the Contractors application .The Employer shall pay

the Contractor the amounts so certified within 30 days of the date of issue of each Interim

Certificate.

14.2 The Contractor shall supply the Employers 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 Employers Representative shall issue a Defect Liability

Certificate and certify any final payment that is due to the Contractor within 30 days of

receiving the Contractors account if it is correct and complete. If it is not, the EmployersRepresentative shall issue within 21 days a schedule that states the scope of the corrections or

additions that are necessary.

14.3 If the final account is still unsatisfactory after it has been resubmitted, the Employers

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.

14.4 The Contractor will be required to notify the Employer within 15 days of delayed payments

15.0 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.

16.0 Liquidated Damages

16.1 The Contractor shall pay liquidated damages to the Employer at the rate 0.001 per cent of the

Contract price per day for each day that the actual Completion Date is later than the Intended

Completion Date except in the case of any of the occurrences listed under clause 9.2. TheEmployer may deduct liquidated damages from payments due to the Contractor. Payment of

liquidated damages shall not affect the Contractors liabilities.

17.0 Completion and Taking Over

17.1 Upon deciding that the Work is complete the Contractor shall request the Employers

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 Employers

Representative issuing a Certificate of Completion.


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18.0 Termination

18.1 The Employer or the Contractor may terminate 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 causeor authority from the Employers Representative;

(b) the Contractor is declared bankrupt or goes into liquidation other than for areconstruction or amalgamation;

(c) A payment certified by the Employers Representative is not paid by theEmployer 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 Employers Representative gives notice that failure to correct a particulardefect is a fundamental breach of Contract and the Contractor fails to correct it

within a reasonable period of time.

18.2 If the Contract is terminated, the Contractor shall stop Work immediately, and leave the Site

as soon as reasonably possible. The Employers Representative shall immediately thereafter

arrange for a meeting for the purpose of taking record of the Works executed and materials,

goods, equipment and temporary buildings on Site.

19.0 Payment upon Termination

19.1 The 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.

19.2 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

Employers 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.

19.3 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 Employers Representative shall certify the amount of expenses properly

incurred by the Employer and, if such 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.


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20.0 Corrupt Gifts and Payments of Commission

20.1 The 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 orfor 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 oracting on his behalf (whether with or without the knowledge of the Contractor) shall

be an offence under the Laws of Kenya.

21.0 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.


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SECTION VI - SPECIAL CONDITIONS OF CONTRACT

1. DefinitionsIn addition to GCC

Project Office is also calledthe Engineers Office in part of this tender document

2. Contract DocumentRefer to GCC

3. Employer's Representative's DecisionsIn addition to GCC

The Employers Representative is Geothermal Development Manager.

4. Works, Language and Law of ContractRefer to GCC

5. Safety, Temporary works and DiscoveriesRefer to GCC

6. Work Program and Sub-contracting

In addition to GCC,

The contractor may sub-contract parts of the work with approval of the employer

7. The Site

In addition to GCC

7.1 The site of works is situated in Naivasha District in the Nakuru County. The closest large

town is Naivasha, which is 90 km from Nairobi. The works are at Hells Gate National Park;

Olkaria Geothermal Field is 34 km South West of Naivasha Town.

7.2 The work site is located in Hells Gate National Park, which is managed by the Kenya wildlife

Services (KWS). KWS usually require that any person or vehicle entering the park for

whatever reason pays gate entry fees. The contractor is advised to make Game Park entry

arrangements during site visit, however if awarded the contract, KenGen will make the

necessary KWS Park entry arrangements to access the site. In addition the contractor is

required to observe all rules of the Game Park.

7.3 The construction work will be carried out when employers staff or members of public such

as visitors or children are at or near the site. The contractor is expected to maintain high

safety standards and familiarize him/herself with the employers' safety requirements at the

work place. This is in addition to complying with the applicable safety and environmental

requirements.

7.4 The Contractor's accommodation and that of his staff will be outside Hells Gate National

Park and KenGen Premises and the cost for this will be deemed to be included in the contract

price.

7.5 The Contractor shall ensure that he has adequate space for storage of materials and foraccommodation of his other requirements for the works.


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7.6 Land for construction of site offices and storage will be provided only on request. The

contractor shall be responsible for all the works including work in progress, site office and

store(s).

8. Engineers InstructionsIn addition to GCC,

The Engineer - to be advised

9. Extension of Completion DateRefer to GCC

10. Management MeetingsIn addition to GCC,

10.1 After signing the contract by both parties, the Employers representative shall call a Project

Kick-Off Meeting to initiate commencement of the works.

10.2 During execution of the works, Project progress meeting shall be held on monthly basis.

10.3 At the end of the project, there shall be a Project Hand over meeting.

11. DefectsRefer to GCC,

12. Bills of QuantitiesRefer to GCC,

13 VariationsIn addition to GCC,

The Contractor will be deemed to have inspected the site before tendering and will have taken

into consideration all conditions in the preparation of his tender. No claims for extra cost

incurred due to lack of knowledge of site conditions will be considered

14. Payment Certificate and Final Account

Payment shall be one off payment done after the submission invoice and subject to

certification that the job has been done to satisfaction of the engineer.In addition to GCC,

a) Payment shall be made upon re-measure of works against the Priced Bill ofQuantities.

b) Progress Payment shall be based on the value of the works completed but shall not beless than 20% of the total contract cost, up to a maximum of 90% of the total Contract

Amount.

c) The Final 10% of the Contract Price shall be paid after expiry of the Defects LiabilityPeriod


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d) For this contract, payments shall only be made for permanently installed, completedand commissioned part or parts of the works. Consequently, the completion

certificate(s) duly signed by the Engineer must therefore be attached to each claim

e) Upon deciding that Works included in a particular stage are complete, the Contractorshall submit to the Employer's Representative his application for payment

f) The Employer's Representative shall check, adjust if necessary and certify the amountto be paid to the Contractor's application.

g) The Employer shall pay the Contractor the amounts so certified within 30 days of thedate of issue of each Interim Certificate.

h) The Contractor shall supply the Employer's Representative with a detailed finalamount that the contractor considers payable under the Contract before the end of

Defects Liability Period.

i) The Employer's Representative shall issue a Defect Liability Certificate and certifyany final payment that is due to the Contractor within 30 days of receiving the

Contractor's account if it is correct and complete

j) If it is not, the Employer's Representative shall issue within 45 days a schedule thatstates 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

k) The Employer shall pay the Contractor the amount as Certified within 45 days of theissue of the Final Payment Certificate

l) Final payment shall be paid unpin the Engineer certifying that the Defects LiabilityPeriod has been successfully completed

14. InsuranceRefer to GCC,

15. Liquidated Damages

Refer to GCC,

16. Completions and Taking OverIn addition to GCC,

The Engineer shall certify that works are completed and advise the Employer to take over the

Project.

17. TerminationRefer to GCC,

18. Payment upon Termination

Refer to GCC,


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19. Corrupt Gifts and Payments of CommissionRefer to GCC,

20. Settlement of DisputesRefer to GCC


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SECTION VII SPECIFICATIONS

GENERAL, TECHNICAL AND SPECIAL SPECIFICATION OF MATERIALS, WORKS

AND WORKMANSHIP

Generally:

a) The general and technical specif ication as herein stated and including all its amendmentsenvisioned thereof shall be apply as appli cable and as shal l be directed by the Engineer in

charge.

b) These sections shal l be read together with the BOQ.c)Where there is a confli ct between provisions herein stated and those provided in the BOQ,

works as descri bed in the BOQ shal l be take precedent to these provisions.


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SECTION VII A - GENERAL REQUIREMENTS OF MATERIALS, WORKS AND

WORKMANSHIP

PART 1GENERAL SPECIFICATIONS FOR MATERIALS

1.1 Material suitability

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

Materials shall strictly comply with the Employers 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 andproperly identified by appropriate stampings and markings and shall be accompanied with

original manufacturers documentation where appropriate,

In all cases where the quality of goods or materials is not described or otherwise specified,the goods/materials are to be of the best quality obtained in the ordinary meaning of the word

best and not merely a trade signification of the word.

All materials which have been damaged, contaminated or have deteriorated or do not complyin any way with the requirements of the specification shall be rejected and shall be removed

immediately from the site at the Contractors own expense. No materials shall be stored or

stacked on suspended floors without the Engineers prior approval.

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

All materials and workmanship shall, unless otherwise specified or described, conform to theappropriate British Standard Institution Specification or other authoritative standard ensuring

equal or higher quality current at the time of tender and in accordance with the requirements

of local statutory authorities.

The Contractor is at liberty to propose to the Engineer the use of material other than thosespecified 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 Contractors 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 approval of the clientsengineer and any condemned as unfit for use in the works shall be removed immediatelyfrom the site at contractors cost.


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1.2 Rejected Workmanship and Materials

Any workmanship or materials not complying with the specific requirements or approved samples or

which have been damaged, contaminate or have deteriorated must immediately be removed from theSite and replaced at the Contractors expense, as required.

All condemned materials shall be removed from the site within 24 hours.

1.3 Alternatives to proprietary brands

Where proprietary materials are specified hereinafter the Contractor may propose the use of materials

of other manufacture but of equal or higher quality subject to approval by the Engineer.

Such alternatives must be approved before being used in the works and the Contractor shall allow forthis, but prior to use, the contractor may submit to the Architect for approval the names of any

suppliers or manufacturers whose products he intends to use, together with catalogue numbers and

descriptions and/or samples but the decision of the Architect will be final.

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.

1.4 Storage of materials

All materials shall be stored on Site in a manner approved by the Engineer and the Contractor shall

carefully protect from the weather all work and materials which may be affected thereby.

1.5 Samples and Testing

1.5.1 Samples

The Contractor shall furnish for approval, with reasonable promptness all samples of materials and

workmanship required by the Architect. The Architect shall check and approve such samples for

conformance with the design concept of the Works and for compliance with the information given in

the Contract Documents. The work shall be in accordance with approved samples -

a) All material samples shall be delivered to the Architect's Office with all charges inconnection therewith paid by the Contractor.

b) Duplicate final approved samples, in addition to any required for the Contractor's use, shallbe furnished to the Architect, one for office use and one for the site.

c) Samples shall be furnished so as not to delay fabrication, allowing the Architect reasonabletime for consideration of the sample submitted.

d) Each sample shall be properly labeled with the name and quality of the material,manufacturer's name, name of project, the Contractor's name and the date of submission andthe specification number to which the sample refers.


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1.5.2 Testing

All materials testing shall be in accordance with section 2 of the Standard Specifications.

1.5.3 Test Certificates

When instructed by the Engineer the Contractor shall submit certificates of test from the suppliers of

materials and goods required in connection with the works as the Engineer may require.

Such certificates shall certify that the materials or goods concerned have been tested in accordance

with the requirements of the specifications and shall give the results of all the tests carried out. The

Contractor shall provide adequate means of identifying the materials and goods delivered to the site

with the corresponding certificates.


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PART 2PRELIMINARIES AND GENERAL REQUIREMENTS

2.1 Location and Extent of Site

The project is located in Nakuru County, at Olkaria Geothermal field near Olkaria II Power Plant. Theworks are for expansion at KWS gate to create a turn-off road and parking construction at Direct Use Centre

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.

Hells Gate National Park is controlled and administered by the Kenya Wildlife Service (KWS).

All Works this associated with project shall comply fully with the requirements of KWS where itimpacts upon operation of the National Park.

The Contractors 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 Contractors vehicles should be conspicuously labeled for ease of identity. This will facilitate

efficient prior arrangements for free entry into the Park.

The works will be carried out at the Direct Use and Demonstration Centre Site.

The project site is adjacent to the Tarmac road leading to Olkaria II Power Station and is served by

an all-weather murram road and is easily accessible.

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 2000masl Ambient pressure 0.80 Bar absolute, Extreme dry bulb temperature Minimum 100C

Maximum 300C

Wind speeds 36m/s Rainy Season: April-July

September-November


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2.2 Liaison with Government and Police Officials

The Contractor shall keep in close touch with the Police and the other Government officials

of the area regarding their requirements in the control of traffic or other matters, and shall

provide all assistance or facilities, which may be required by such officials in the execution of

their duties.

2.3 Scope of Works

This information is given without warranty and is only meant for the Contractors guidance.

The works to be carried out under this contract comprise the: Painting of the centre using specialized

pastes and installation of cornices.

2.4 Contract Outline

The scope of work covered by this Contract is to acquire and supply construction materials as herein

in this Tender described and carry out paint works as indicated in the BOQ.

The Contract Works shall be delivered in compliance with these Works Requirements and

Employers design, and in accordance with the relevant terms of the Contract.

2.5 Extent of Contract.

The extent of works under this particular contract shall (and may) entails:-

a) Application of an undercoatb) Installation of Cornicesc) Installation of Pelmet Boxesd) Painting of the walls using texturized pastes

2.6 Employers Design

The employer has outlined design ideas for the proposed project which is presented as part of this

tender.

2.7 Drawings

The employer shall submit the necessary approved drawings to the contractor.

2.7 As Installed Drawings, Maintenance Manuals and Test Certificates

The Contract shall provide as installed drawings, maintenance manuals and test certificates where

required and applicable

2.8Administrative facilities for the ContractorThe contractor shall be assigned a site office to be used for the period of the contract.


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2.9 Contractors Mobilization and Demobilization

No separate payment shall be made to the Contractor in respect of mobilization and demobilization

of plant and equipment, and such costs shall be deemed to have been included in the rates entered by

the Contractor in the Bills of Quantities.

2.10 Contractors accommodation and transport

a) The Contractor shall be responsible for all accommodation and transport needs of theContractors Personnel, taking note of any restrictions imposed by the Contract.

b) The Contractor shall provide adequate arrangements and provisions for the feeding andhousing of the Contractors personnel.

c) The Contractor shall be responsible for the provision of housing for his own labour, includingthe 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 notlimited to, the staff facilities.

e) The Contractor shall not be permitted to construct any camp providing sleepingaccommodation within Hells Gate National Park.

f) The use of open Lorries for the transport of Contractors labour will not be allowed under thisContract.

g) The Contractors attention is drawn to the requirements that they shall use buses fitted withsafety belts (for all occupants) and speed limiting devices to 80km/hr. and that all persons

travelling in vehicles must be seated.

h) The Contractor shall comply with the Kenyan traffic laws and regulations and shall obtain theapproval of the Transport Licensing Board in respect of the transportation of labour for the

Contract.

2.11 Work on the operational system

Before any work affecting the operational system, the contractor shall obtain work permit from theemployer.

2.12 Project Controls; Program for the execution of Works

a) The Contractor shall prepare and submit within 30 days of the Commencement Date, forthe Engineers review and approval, a detailed programme for the Works in both CPM

and Gantt chart format.

The programme shall in be prepared MS Project. Both hard (printed) and soft (native

format) copies shall be submitted.

This programme shall comply with the outline programme given in the Contract.


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The programme shall incorporate milestone dates for each interface identified in the

Interface Schedule.

The programme shall be co-ordinated with climatic and other conditions to provide for

the completion of the works in the order and by the time specified.

b) The Contractor shall in no manner be relieved by the Engineer's approval of theprogrammed of his obligation to complete the works in the prescribed order or priorities

and by the prescribed completion dates.

He shall from time to time review his progress and make such amendments to his rate of

execution of the works as may be necessary to fulfill his obligations.

2.13 Order of Execution of Works

The Contractor shall carry out the Works such that a continuous and consecutive output of fullycompleted work is achieved.

2.14 Taking over Certificate

The minimum length of road for which a certificate will be issued is shall be the whole road when

completed.

2.15 Period of Maintenance

a) There shall be a period of the maintenance in respect of the works to be carried out under thisContract of the substantial completion.This period is also the defects liability period.

b) The defects liability period shall be 3 monthsc) The contractor shall give a written guarantee for the works for a period of not less than 5 (five)

years.

2.16 Works Supervision

All competent person approved by the Engineer shall be employed by the Contractor whose duty will

be to supervise all stages in the preparation and placing of the concrete. All cubes shall be made and

site tests carried out under his direct supervision, in consultation with the Engineer.

2.17 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 the Engineer's instructions.


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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 Engineer's

approval.

2.18 Contractors Superintendence

The Contractor shall constantly keep on the Works a literate English-speaking agent or

representative, competent and experienced in the kind of work involved, who shall give his whole

time to the superintendence of the Works. Such agent or representative shall receive on behalf of the

Contractor directions and instructions from the Engineer, and such directions and instructions shall

be deemed to be given to the Contractor in accordance with the Conditions of Contract. The agent

shall not be replaced without the specific approval of the Engineer.

2.19 Works Inspection

The Contractor shall give the Engineer ample notice of the beginning of the work so that

inspection may be provided at the works and at all places where materials for the work are

being prepared or manufactured or from which they are being supplied.

No material shall be manufactured or work done in the shop before the Engineer has been

notified.

2.20 Progress reports

The contractor shall submit to the employers project engineer a progress report every week during

the execution of the contract. The report shall contain information on status of the project, major

achievements and incidents occurring during the month.

2.21 Progress meetings

Formal progress review meetings at shall be held least once per week.

2.22 Documentation

The Contractor shall provide for review by the Engineer copies of all documents necessary toprovide a detailed and comprehensive record of all aspects of the Works.

The extent of the submissions shall be sufficiently comprehensive to establish that all Materials and

procedures forming part of the Works comply with the requirements of the contract.

2.23 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.


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2.24 Working Hours

a) The work is located at Hells Gate National Park, which is managed by the KenyaWildlife 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 Park.

b) The Contractor shall submit for the approval of the Engineer a schedule of proposedworking hours taking note that in order to access to Engineers office for the purpose of

meetings or consultations, the be 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 onSundays 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.

2.25 Environmental Protection

The Contractor shall ensure so far as is reasonably practicable and to the satisfaction of the Engineer;

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.

2.26 Materials & Waste Disposal; Disposal of construction wastes

a) The contractor shall sort out and dispose construction and domestic wastes in accordance tothe employers guidelines. The contractor shall consult the employer project engineer for

guidelines

b) Existing equipment, fittings and materials such as electrical fittings, pipes etc. to be removedfor 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 shalldispose 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.

2.27 Leave Works Clean

On completion of the Works, or if directed by the Engineer on completion of any portion thereof, the

Contractor shall carefully restore to the original condition of the ground, and other structures that

may have been interfered with in any way by him or his employees and shall remove all rubbish,

tools and materials which are not required, so as to leave the works and site in clean and orderly

condition, such work being carried out by the Contractor without extra charge over and above his

scheduled rates for the execution of the works.

2.28 Occupational, Health and safety requirements; Safety Precautions and First Aid

Work is to be executed in a safe and responsible manner and the construction is to proceed in


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accordance with the provision of the appropriate legislation.

The Contractor shall provide adequate and easily accessible Fist Aid Equipment on site.

The Contractor shall be responsible for the management of health and safety on the construction site

until it is Taken Over by the Employer.

2.29 Personal Protective Equipment

In addition to addressing safety concerns, the Contractor shall be required to comply with all safety

regulations and provide his staff with adequate and required PPEs 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.

2.30 Health, Safety and Accidents

In addition to providing, equipping and maintaining adequate first aid stations throughout the works

in accordance with the Laws of Kenya, the contractor shall provide and maintain on site during the

duration of the Contract, a fully equipped dispensary. This shall be with a qualified Clinical Officer /

Nurse who shall offer the necessary medical advice on HIV and related diseases to the Engineers

and Contractors Site staff. The Contractor shall allow for this in the rates and be responsible for all

site welfare arrangements at his own cost.


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WORKMANSHIP

2.1 General

Workmanship generally shall be carried out in accordance with B.S. C.P. 231, unless otherwisespecified.

Before painting is commenced floors shall be swept and washed over; surfaces to be painted shall be

cleaned before applying paint as specified, and all precautions taken to keep down dust whilst work

is in progress.

No paint shall be applied to surfaces structurally or superficially damp and all surfaces must be

ascertained to be free from condensation, efflorescence, etc., before the application of each coat.

No painting shall be carried out externally during humid, rainy, damp, foggy or freezing conditions

or conditions where surfaces have attained excessively high temperatures or during dust storms.

No new, primed or undercoated woodwork and metalwork shall be left in an exposed or unsuitable

situation for an undue period before completing the process.

No dilution of paint materials shall be allowed except strictly as detailed by the manufacturer's own

directi

KGN OLK 83 2013 Tender for Painting Works at Olkaria Geothermal Health Spa Project

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Transcript of KGN OLK 83 2013 Tender for Painting Works at Olkaria Geothermal Health Spa Project