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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 DISABILITY)

Kenya Electricity Generating Company Limited Stima Plaza, Kolobot Road, Parklands P.O BOX 47936-00100 NAIROBI. Website: www.kengen.co.ke

November 2013
Tender for Painting Works at the Geothermal Spa Project 1

TABLE OF CONTENTS SECTION I - INVITATION TO TENDER ...................................................................................... 3 SECTION II - INSTRUCTIONS TO TENDERERS ....................................................................... 4 SECTION III - GENERAL CONDITIONS OF CONTRACT ..................................................... 13 SECTION 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 1 GENERAL SPECIFICATIONS FOR MATERIALS ................................................... 31 PART 2 PRELIMINARIES AND GENERAL REQUIREMENTS ........................................... 34 SECTION VII B TECHNICAL SPECIFICATIONS FOR MATERIALS, WORKS AND WORKMANSHIP.............................................................................................................................. 41 PAINTING AND DECORATING MATERIALS -------------------------------------------------------- 41 1.1 Manufacturers ------------------------------------------------------------------------------------------ 41 1.2 General -------------------------------------------------------------------------------------------------- 41 1.3 Lead based paints -------------------------------------------------------------------------------------- 41 1.3 Primers and undercoats ------------------------------------------------------------------------------- 41 1.4 Textured coating --------------------------------------------------------------------------------------- 41 WORKMANSHIP --------------------------------------------------------------------------------------------- 42 2.1 General -------------------------------------------------------------------------------------------------- 42 2.2 Inspection ----------------------------------------------------------------------------------------------- 42 2.3 Paint application --------------------------------------------------------------------------------------- 42 2.4 Drying --------------------------------------------------------------------------------------------------- 42 2.5 Packaging, delivery and storage --------------------------------------------------------------------- 43 1.0 PREAMBLES TO BILLS OF QUANTITIES .......................................................................... 44

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SECTION I - INVITATION TO TENDER

(REGISTERED GROUPS OF YOUTH, WOMEN AND PERSONS WITH DISABILITY)


Kenya electricity Company Ltd (KenGen) invites sealed tenders from general contractors for the TENDER FOR PAINTING WORKS AT OLKARIA GEOTHERMAL HEALTH SPA DEVELOPMENT whose specifications are detailed in the Tender Document. Interested firms may obtain further information from, and inspect the Tender Document at the office of the Supply Chain Manager, Tel: (254) (020) 3666000, Fax: (254) (020) 3666200 Email: pkimemia@kengen.co.ke, gogwang@kengen.co.ke c.c: jtheuri@kengen.co.ke; camemba@kengen.co.ke Where the tender document may be collected upon payment of a non-refundable fee of KShs.1,000.00 paid in cash or through a bankers cheque at any KenGen finance office. The document can also be viewed and downloaded from the website www.kengen.co.ke, and the Bidders who download the tender document from the website must forward their particulars immediately for records and any further tender clarifications and addenda. Downloaded copies are FREE. The Completed original and two copies of the tender must be delivered enclosed in plain sealed envelopes to and clearly marked: KGN-OLK-83-2013 TENDER FOR PAINTING WORKS AT OLKARIA GEOTHERMAL HEALTH SPA DEVELOPMENT Company Secretary, Legal & Corporate Affairs Director 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. There will be a MANDATORY SITE VISIT on 26th November 2013 starting 10.00 a.m. Olkaria Geothermal Health Spa Development Tenders will be opened on 5th December 2013 at 11:30 a.m. in the presence of the candidates representatives who choose to attend at Stima Plaza Phase III, Executive Committee Room, and 7th Floor or at an alternative location to be communicated by the Company Secretary, Legal & Corporate Affairs Directors office.

SUPPLY CHAIN MANAGER

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SECTION II - INSTRUCTIONS TO TENDERERS


1.0 1.1 General 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 Tenderer will be expected to complete the Supply and Works by the Intended Completion Date specified in the said Appendix. 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. 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. The procurement entitys employees, committee members, board members and their relative (spouse and children) are not eligible to participate in the tender. The procuring entity shall allow the tenderer to review the tender document free of charge before purchase. Tender Documents 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) (b) (c) (d) (e) (f) (g) These instructions to Tenderers Form of Tender Conditions of Contract and Appendix to Conditions of Contract Technical Specifications and Drawings Work Site Map Price Schedule and Requirements Other materials required to be filled and submitted in accordance with these Instructions and Conditions

1.2

1.3

1.4

1.5

2.0 2.1

2.2

The Tenderer shall examine all instructions, forms and specifications in the tender documents. Failure to furnish all information required by the tender documents may result in rejection of his tender 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. Before the deadline for submission of tenders, the Employer may modify the tendering documents by issuing addenda. Any addendum thus issued shall be part of the tendering

2.3

2.4

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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 may extend, as necessary, the deadline for submission of tenders in accordance with clause 4.0 here below. Mandatory Site Visit a) There shall be a MANDATORY SITE VISIT on 26th November 2013, starting from 10.00am b) The site is located at Olkaria Geothermal Development, approximately 260km to and from Nairobi. c) Participants will be required to assemble at the KWS entry Gate, where they will be further advised further d) Participant are further informed and advised that there may be gate entry charges at KWS gate e) The contractor is required to fill and bring with him the provided site visit certificate at the time of the organized site visit. f) The certificate is provided in Appendix 1, to the tender document. 3.0 3.1 3.2 Preparation of Tenders All documents relating to the tender and any correspondence shall be in English Language. The tender submitted by the Tenderer shall comprise the following:(a) (b) (c) 3.3 The Tender; Filled Priced Schedule, Tender form, Confidential Business Questionnaire and other Requirements Any other materials required to be completed and submitted by Tenderers.

2.6

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. The rates and prices quoted by the Tenderer shall not be subject to any adjustment during the performance of the Contract. The unit rates and prices shall be in Kenya Shillings.

3.4

3.5

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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 TENDER and COPY OF TENDER as 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 ORIGINAL and COPY. The envelopes shall then be sealed in an outer envelope. The inner and outer envelopes shall: (a) (b) Be addressed to the Employer at the address given in the Tender Data Sheet; and 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 the Tender 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. 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. The procuring entity shall reply to any clarifications sought by the tenderer within 3 days of receiving the request to enable the tenderer to make timely submission of its tender.

3.9

3.10

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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 the risk 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 4.1

Submission of Tenders 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 1) 2) 3) 4) 5) 6) 7) 8) 9)

Item Mandatory Site Visit Certificate Provide phone number (s) and email address (es) for the person(s) signing the tender on behalf of the tenderer. Physical Registered Office Address (Attach proof of ownership/lease/rental etc) Tender Securing Declaration Form valid till 4th May 2014 (150 days from date of closing of tender) Duly completed Price Schedule, Signed and Stamped with date on every page. Duly completed Tender Form, Signed and Stamped with date. A prepared program of works (in MS Projects or applicable equivalent) showing clearly the duration with which the works shall be carried out to completion. Duly Filled and signed Confidential Business Questionnaire Company dossier with proof of incorporation (attach certified copy of Incorporation/ Registration)

Tick Where Provided

10) Copy of valid Tax Compliance Certificate issued by KRA Proof of current registration with NATIONAL 11) CONSTRUCTION AUTHORITY - NCA 7 and above. (attach certified copy) List of personnel proposed for execution of the works and 12) their detailed qualification and experience (attach copies of

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CVS and certificates) SIMILAR WORKS Ongoing: List of ongoing project(s) of similar works. Attach Copies of contracts, purchase orders and Award Letters (State Project Cost and Duration to completion) 13) 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. List of plant and equipment owned by the form including 14) registration numbers and year of manufacture and their current condition. List of Sub-Contractors (if any) ; Minimum 2 Subcontractors 15) per work to be subcontracted 16) Litigation history of the company 17) 18) 19) 20) Names with full telephone contacts email addresses, physical addresses and reference letters from of at least two (2) previous Clients offered similar services. Copy of Bank Statements/Bank reference for the last Six months. Certificate of Registration in a target group issued by the Ministry of Finance or Respective County Treasury. Any other document or item required by the Tender Document that is non-financial. (The Tenderer shall specify such other documents 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 invitation to tender; and In the

c) Provide a warning not to open before the specified time and date for Tender 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. 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 unopened.

4.5

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4.7

The Employer may extend the deadline for submission of tenders by issuing an amendment in accordance with sub-clause 2.5 in which case all rights and obligations of the Employer and the Tenderers previously subject to the original deadline will then be subject to the new deadline. Tender Opening and Evaluation The tenders will be opened in the presence of the Tenderers representatives who choose to attend at the time and in the place specified in the invitation to tender. The Tenderers names, the total amount of each tender and such other details as may be considered appropriate, will be announced at the opening by the Employer. Minutes of the tender opening, including the information disclosed to those present will also be prepared by the Employer. Information relating to the examination, clarification, evaluation and comparison of tenders and recommendations for the award of the 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 Employers officials, processing of tenders or award decisions may result in the rejection of his tender. Tenders determined to be substantially responsive will be checked for any arithmetic errors. Errors will be corrected as follows: (a) where there is a discrepancy between the amount in figures and the amount in words, the amount in words will prevail; and Where there is a discrepancy between the unit rate and the line item total resulting from multiplying the unit rate by the quantity, the unit rate as quoted will prevail, unless in the opinion of the Employers representative, there is an obvious typographical error, in which case the adjustment will be made to the entry containing that error. In the event of a discrepancy between the tender amount as stated in the Form of Tender and the corrected tender figure in the main summary of the Bill of Quantities/Quotation, the amount as stated in the Form of Tender shall prevail. The Error Correction Factor shall be computed by expressing the difference between the tender amount and the corrected tender sum as a percentage of the Corrected Builders Work (i.e. corrected tender sum less P.C. and Provisional Sums). The Error Correction Factor shall be applied to all Builders Work (as a rebate or addition as the case may be) for the purposes of valuations for Interim Certificates and valuation of variations. The amount stated in the tender will be adjusted in accordance with the above procedure for the correction of errors and with concurrence of the Tenderer, shall be considered as binding upon the Tenderer. If the Tenderer does not

5.0 5.1

5.2

5.3

5.4

(b)

(c)

(d)

(e)

(f)

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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. Contract price variations shall not be allowed for contracts not exceeding one year (12 months) Price variation requests shall be processed by the procuring entity within 30 days of receiving the request. 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. 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. Award of Contract The award of the Contract will be made to the Tenderer who has offered the lowest evaluated tender price. 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. 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 the Employer 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. 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.

5.6

5.7

5.8

5.9

6.0 6.1

6.2

6.3

6.4

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6.5

Within 15 days after receipt of the Letter of Acceptance, the successful Tenderer shall deliver to the Employer a Performance Security amount 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 obligations under 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. The procuring entity may at any time terminate procurement proceedings before contract award and shall not be liable to any person for the termination. The procuring entity shall give prompt notice of the termination to the tenderers and on request give its reasons for termination within 14 days of receiving the request from any tenderer. Corrupt and fraudulent practices 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. 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. Further a tenderer who is found to have indulged in corrupt and fraudulent practices risks being debarred from participating in public procurement in Kenya.

6.7 6.8

7.0 7.1

7.2

7.3

8.0 Preference and Reservations a) In the evaluation of Tenders KenGen shall apply exclusive preference to Youth, Women and Disabled 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 which they operate (ii) Has at least seventy percent membership of youth, women or persons with disabilities and 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 Mandatory Business Questionnaire.

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

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SECTION III: APPENDIX TO INSTRUCTIONS TO TENDERERS


Tender Data Sheet The 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 Employers address, telephone, telex, and facsimile numbers: Stima Plaza Phase III, Kolobot Road, P.O. Box 47936, 00100 NAIROBI, KENYA. Tel: +254 2 3202000. Fax: +254 2 248848 Name of Employer's Representative: Geothermal Development Manager Name of the Engineer is: to be advised Name of Project: TENDER FOR PAINTING WORKS AT OLKARIA GEOTHERMAL HEALTH SPA DEVELOPMENT Name of Contract: TENDER FOR PAINTING WORKS AT OLKARIA GEOTHERMAL HEALTH SPA DEVELOPMENT Identification Number of the Contract: KGN-OLK-83-2013 Financed by: Kenya Electricity Generating Company Ltd. (KenGen) The Works consist of: PAINTING WORKS AT OLKARIA GEOTHERMAL HEALTH SPA DEVELOPMENT 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 The Start Date shall be: The Commencement Date as Defined in Letter of Award The defect Liability Period is: Six (6) Months Language of the Tender: English

10

11

12

13

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Tender Price and Currency 14 The price shall be: Fixed The prices quoted shall be in: Kenya Shillings Preparation and Submission of Tenders. 16 Tender validity period: 120 Days Tender Security / Bid Bond

15

17

4th May 2014


18 Number of copies: Three (3) Copies Tender title and number on cover: KGN-OLK-83-2013; TENDER FOR PAINTING WORKS AT OLKARIA GEOTHERMAL HEALTH SPA DEVELOPMENT Address for Tender submission: Company Secretary, Legal & Corporate Affairs Director Stima Plaza Phase III, Kolobot Road, P.O. Box 47936, 00099 NAIROBI, KENYA. Mandatory Site Visit Date: 26th November 2013. Deadline for Tender submission: 5th December 2013 at 11.00 a.m. Time, date, and place for Tender opening: 5th December 2013 at 11.30 a.m. Kenya Electricity Generating Company Offices Stima Plaza Phase III, Kolobot Road, Nairobi 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. ON CONTRACT AWARD Amount of performance security shall be ten percent (10%) of the contract price

19

20

21

22

23

24

25

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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 or in 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 Manager Kenya Electricity Generating Company Limited 2nd Floor, Stima Plaza, Phase III Kolobot Road, Parklands P O Box 47936 - 00100 NAIROBI, KENYA Fax: (254) (020) 3666200 Email; pkimemia@kengen.co.ke c.c. gogwang@kengen.co.ke; jtheuri@kengen.co.ke 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. Any unauthorized 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 cover items 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 to cover 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 be reimbursed. Tenderers are strongly advised to visit the site to obtain any information that may be helpful in the preparation of their Tenders.

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6. The copyright of these Bills of Quantities is vested in the Engineer and no part thereof may be reproduced without their express written permission. 7. The tenderer shall be solely responsible for the accurate ordering of materials in accordance with drawing and the Engineers instructions and no claim for any loss or expense will be entertained for orders for material based upon the Bills of Quantities. 8. Tender Documents a. These instructions b. Form of tender c. Contractors performance bond d. Employers performance bond e. Conditions of contract f. Generals and Technical Specifications g. 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 Visit Notwithstanding 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 Legislation The 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 strictly complied with at all times. 11. Completion and Submission of Tenders Tenders 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 at the 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 may be 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 any fault of the Tenderer and its late acceptance will not give the Tenderer any advantage over other tenderers. Submission of a tender shall be deemed an acceptance by the tenderer of the conditions laid down or implied in these instructions. Any Tender found not conforming to the foregoing instructions may not be considered. 12. Award of Contract If the successful Tenderer fails to enter into and execute the Contract Agreement or to furnish the Performance Bond within thirty days of being required to do so in writing by or on behalf of the Employer, 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 though it had never been given and the Tenderer shall have no claim against the Employer whether of damages, 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) DAYS from the date for submission of tenderers. No tender may withdraw his tender within this period. 14. Tenderers Obligations The Tenderer shall treat the contents of these documents as private and confidential. The Tenderer shall acknowledge receipt of the Tender Documents. 15. Method of Measurement These Bills of Quantities have been prepared in accordance with the Standard Method of Measurements 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 or interpretation of that which is contained in the Conditions of Contract. 16. Value Added Tax The tenderers attention is drawn to the legal requirement that value added tax (VAT) shall be chargeable 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 Main Summary.

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SECTION V - GENERAL CONDITIONS OF CONTRACT


1.0 1.1 Definitions 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 the Contractor 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; Months are calendar months. A Defect is 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 the Employers 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) b) c) d) e) f) g) 3.0 3.1 Agreement, Letter of Acceptance, Contractors Tender, Conditions of Contract, Specifications, Drawings, Bills of Quantities or Schedule of Rates [whichever is applicable)

Employers Representatives Decisions Except where otherwise specifically stated, the Employers Representative will decide contractual matters between the Employer and the Contractor in the role representing the Employer. Works, Language and Law of Contract 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.

4.0 4.1

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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. Safety, Temporary works 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. The Contractor shall be responsible for the safety of all activities on the Site. Work Program and Sub-contracting 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. The Contractor may sub-contract parts of the Works with the approval of the Employers Representative. However, he shall not assign the Contract without the approval of the Employer in writing. Sub-contracting shall not alter the Contractors obligations. The site The Employer shall give possession of all parts of the Site to the Contractor. 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. Instructions The Contractor shall carry out all instructions of the Employers Representative which are in accordance with the Contract.

5.0 5.1

5.2 6.0 6.1

6.2

7.0 7.1 7.2

8.0

9.0 9.1

Extension of Completion Date 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 the Completion Date. For the purposes of this clause, the following occurrences shall be valid for consideration; Delay by:a) force majeure, or b) reason of any exceptionally adverse weather conditions, or c) 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,

9.2

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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 these Conditions, or e) reason of the contractor not having received in due time necessary instructions, 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 in executing work not forming part of this Contract, or g) reason of delay by statutory or other services providers or similar bodies engaged directly by the Employer, or h) 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 i) reason of delay in appointing a replacement Employers Representative, or j) 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 10.1 Management Meetings 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 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 Employers Representative either at the management meeting or after the management meeting and stated in writing to all who attend the meeting. Communication between parties shall be effective only when in writing. Defects The Employers Representative shall inspect the Contractors work and notify the Contractor of any defects that are found. Such inspection shall not affect the Contractors responsibilities. The Employers Representative may instruct the Contractor to search for a

10.2 11.0 11.1

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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 the end of the Defects Liability Period, which begins at Completion, and is defined in the Appendix to Conditions of Contract. 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. Bills of Quantities/Schedule of Rates 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. 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 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. 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 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. Payment Certificates and Final Account

11.3

12.0 12.1

12.2

13.0 13.1

13.2

13.3

14.0

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 less 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 Liability Period 14.1 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. 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 Employers 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 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. The Contractor will be required to notify the Employer within 15 days of delayed payments 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. Liquidated Damages 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. The Employer may deduct liquidated damages from payments due to the Contractor. Payment of liquidated damages shall not affect the Contractors liabilities. Completion and Taking Over 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.

14.2

14.3

14.4 15.0 15.1

16.0 16.1

17.0 17.1

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18.0 18.1

Termination 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 cause or authority from the Employers Representative; the Contractor is declared bankrupt or goes into liquidation other than for a reconstruction or amalgamation; A payment certified by the Employers 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. The Employers 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.

(b)

(c)

(d)

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. Payment upon Termination 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. 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. 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.

19.0 19.1

19.2

19.3

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20.0 20.1

Corrupt Gifts and Payments of Commission 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 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.

21.0 21.1

Settlement of Disputes 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. Definitions In addition to GCC Project Office is also called the Engineers Office in part of this tender document Contract Document Refer to GCC Employer's Representative's Decisions In addition to GCC The Employers Representative is Geothermal Development Manager. Works, Language and Law of Contract Refer to GCC Safety, Temporary works and Discoveries Refer to GCC Work Program and Sub-contracting In addition to GCC, The contractor may sub-contract parts of the work with approval of the employer 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. 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. 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. 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. The Contractor shall ensure that he has adequate space for storage of materials and for accommodation of his other requirements for the works.

2.

3.

4.

5.

6.

7.

7.2

7.3

7.4

7.5

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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). Engineers Instructions In addition to GCC, The Engineer - to be advised Extension of Completion Date Refer to GCC Management Meetings In addition to GCC, After signing the contract by both parties, the Employers representative shall call a Project Kick-Off Meeting to initiate commencement of the works. During execution of the works, Project progress meeting shall be held on monthly basis. At the end of the project, there shall be a Project Hand over meeting. Defects Refer to GCC, Bills of Quantities Refer to GCC, Variations In 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 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 of Quantities. Progress Payment shall be based on the value of the works completed but shall not be less than 20% of the total contract cost, up to a maximum of 90% of the total Contract Amount. The Final 10% of the Contract Price shall be paid after expiry of the Defects Liability Period

8.

9.

10.

10.1

10.2 10.3 11.

12.

13

14.

b)

c)

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d)

For this contract, payments shall only be made for permanently installed, completed and commissioned part or parts of the works. Consequently, the completion certificate(s) duly signed by the Engineer must therefore be attached to each claim Upon deciding that Works included in a particular stage are complete, the 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's application. The Employer shall pay the Contractor the amounts so certified within 30 days of the date of issue of each Interim Certificate. The Contractor shall supply the Employer's Representative with a detailed final amount that the contractor considers payable under the Contract before the end of 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 45 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 as Certified within 45 days of the issue of the Final Payment Certificate Final payment shall be paid unpin the Engineer certifying that the Defects Liability Period has been successfully completed

e)

f)

g)

h)

i)

j)

k)

l)

14.

Insurance Refer to GCC, Liquidated Damages Refer to GCC, Completions and Taking Over In addition to GCC, The Engineer shall certify that works are completed and advise the Employer to take over the Project. Termination Refer to GCC, Payment upon Termination Refer to GCC,

15.

16.

17.

18.

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19.

Corrupt Gifts and Payments of Commission Refer to GCC, Settlement of Disputes Refer to GCC

20.

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SECTION VII SPECIFICATIONS


GENERAL, TECHNICAL AND SPECIAL SPECIFICATION OF MATERIALS, WORKS AND WORKMANSHIP Generally: a) The general and technical specification as herein stated and including all its amendments envisioned thereof shall be apply as applicable and as shall be directed by the Engineer in charge. b) These sections shall be read together with the BOQ. c) Where there is a conflict between provisions herein stated and those provided in the BOQ, works as described in the BOQ shall be take precedent to these provisions.

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SECTION VII A - GENERAL REQUIREMENTS OF MATERIALS, WORKS AND WORKMANSHIP PART 1 GENERAL 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 and properly 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 comply in 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 respective trades. All materials and workmanship shall, unless otherwise specified or described, conform to the appropriate 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 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 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 clients engineer and any condemned as unfit for use in the works shall be removed immediately from 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 the Site 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 for this, 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 1.5.1 Samples and Testing 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 in connection therewith paid by the Contractor. b) Duplicate final approved samples, in addition to any required for the Contractor's use, shall be 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 reasonable time 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 and the 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 2 PRELIMINARIES 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. The works 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 it impacts 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 Ambient pressure Extreme dry bulb temperature 2000masl 0.80 Bar absolute, Minimum Maximum 36m/s April-July September-November 100 C 300 C

Wind speeds Rainy Season:

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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) b) c) d) 2.6 Application of an undercoat Installation of Cornices Installation of Pelmet Boxes Painting of the walls using texturized pastes 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 2.8 Administrative facilities for the Contractor The 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 the Contractors Personnel, taking note of any restrictions imposed by the Contract. b) The Contractor shall provide adequate arrangements and provisions for the feeding and housing of the Contractors 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 Hells Gate National Park. f) The use of open Lorries for the transport of Contractors labour will not be allowed under this Contract. g) The Contractors attention is drawn to the requirements that they shall use buses fitted with safety 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 the approval 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 the employer. 2.12 Project Controls; Program for the execution of Works a) The Contractor shall prepare and submit within 30 days of the Commencement Date, for the 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 the programmed 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 fully completed 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 this Contract of the substantial completion. This period is also the defects liability period. b) The defects liability period shall be 3 months c) 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. Contractors Superintendence

2.18

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 engine er 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 to provide 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 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 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 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 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.

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 to the 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 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. 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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SECTION VII B TECHNICAL SPECIFICATIONS FOR MATERIALS, WORKS AND WORKMANSHIP

PAINTING AND DECORATING MATERIALS 1.1 Manufacturers

Except where stated all materials shall be obtained from approved manufacturers. The Contractor shall state the name and address of the manufacturer whose materials he proposes to use. Once approval has been given the Contractor shall not obtain materials from other sources without the prior written agreement of the Architect.

1.2

General

All primers and paints in one system upon a particular surface shall be obtained from the same manufacturer. The mixing of paints, etc., of difference brands before or during application will not be permitted. 1.3 Lead based paints

The use of lead based paints will not be permitted. 1.3 Primers and undercoats

Unless otherwise specified, primers and undercoats shall be the type recommended by the manufacturer of the finishing coats specified for a particular surface. 1.4 Textured coating

Textured coating is to be of proprietary manufacture approved by the Architect of an approved colour. Technical information concerning the coating is to be submitted to the Architect before ordering, but the minimum qualities of the coating are to be as follows:a) Suitable for application internally and externally to plastered, rendered, concrete, block, stone, brick, asbestos and timber surfaces. b) Minimum durability of 10 years even in exposed conditions c) Maintenance free. d) Built-in mould resistant fungicide.

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WORKMANSHIP 2.1 General

Workmanship generally shall be carried out in accordance with B.S. C.P. 231, unless otherwise specified. 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 direction, both on the containers, or their literature, and with the special permission of the Architect. For external work dilution of paints will not be allowed whatsoever. For internal work, where permitted by the Architect, undercoats may be thinned by the addition of not more than 5% thinners. Gloss finish shall not be thinned at all. Metal fittings such as ironmongery etc., not required to be painted shall first be fitted and then removed before the preparatory processes are commenced. When all painting is completed the fittings shall be cleaned as necessary and refixed in position.

2.2

Inspection

No priming coats shall be applied until the surfaces have been inspected and the preparatory work has been approved by the Architect. No undercoats or finishing coats shall be applied until the previous coat has been similarly inspected and approved. 2.3 Paint application

Each coat of paint shall be so applied as to produce a film of uniform thickness. All paint shall be applied in accordance with the manufacturer's instructions. Special attention shall be given to ensure that all surfaces including edges, corners, crevices, welds and rivets receive a film thickness equivalent to that of adjacent painted surfaces. 2.4 Drying

All coats shall be thoroughly dried before succeeding coats are applied. Allow a minimum of 24 hours between applications on any one surface, unless otherwise specified by the manufacturer.

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2.5

Packaging, delivery and storage

All paints and surface coatings shall be delivered in sound sealed containers, labeled clearly by the manufacturers, the label or decorated container must state the following:(a) (b) (c) (d) (e) (f) The type of product. The brand name and colour The use for which it is intend The manufacturer's batch number The B.S. number if applicable All labels shall be printed - containers bearing type written labels will not be acceptable.

Materials shall be stored under cover in accordance with the manufacturer's instructions, and with local fire and safety regulations. The store itself must be maintained at a temperature of not less than 50 degrees F (10 degrees C) and must not be subjected to extreme changes of temperature. The batch deliveries are to be dated and used strictly in order of delivery.

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BILL OF QUANTITIES
1.0 PREAMBLES TO BILLS OF QUANTITIES a. These Bills of Quantities form part of the Contract document and are to be read in conjunction with the instruction to tenders, condition of contract, specifications and drawings b. The quantities set forth in the Bills of Quantities are estimated and provisional representing substantially the works to be carried out. There is no guarantee that the contractor will be required to carry out the quantities of the works indicated under any one particular item or group of items in the Bill of Quantities, though on the Contract as a whole, the Quantities are believed to represent the overall value of the works to be carried out. c. The Prices and Rates inserted in the Bills of Quantities are to be the full inclusive costs of works described under the items, complete in place and in accordance with the specifications, including costs and expenses which may be required in and for construction of the works described, together with any temporary works and installations which may be necessary, and all general risks, liabilities and obligations set forth or implied in the documents on which the contract is based. Where special risks, liabilities and obligations cannot be dealt with as above, then the price thereof is to be separately stated by the contractor under EXCEPTION REPORT at the end of the Bills of Quantities. d. The brief description of the items given in the Bills of Quantities are purely for the purpose of identification and in no way modify or super cede the detailed description given in the Condition of Contract and standard specifications for the full directions and description of works and materials. e. A price or unit rate shall be inserted in ink against each item in the Bills of Quantities whether Quantities are stated or not. If a tenderer omits to insert a price or unit rate for any item, his tender may be disqualified. The rates indicated shall include the 3% withholding tax and 16% VAT f. No alterations shall be made to the Bills of Quantities and No extra item shall be inserted. The tenderer shall satisfy himself/herself that the Contract Sum arrived at by pricing and quantities and the items given is sufficient compensation for construction and maintaining the whole of the works in accordance with these Contract documents. g. The numbering of the bills of not consecutive, but is arranged to correspond to the sections in the Standard specifications. The price and rates entered in the Bill of Quantities shall ,except insofar as it is otherwise provided under the contract, include all construction plant to be used,labour,insurance,supervision,compliance,testing,materials,erection,maintenance of the works, overheads and profits, together with all the general risks.

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2.0 BILL OF QUANTITIES Item 1 DESCRIPTION. Supply and install 150mm wide, high quality polymer decorative cornices to wall edges applied using aesthetics and according to manufacturer's recommendations Supply and install 100mm wide, high quality polymer decorative cornices to wall edges applied using aesthetics and according to manufacturer's recommendations Prepare the surface to receive paint, supply and apply one coat of undercoat paint. Supply and apply texturized decorative paste (Swahili Silver or equivalent) to walls using appropriate equipment and techniques as per manufacturers recommendation, to engineer's direction and satisfaction. Supplier to attach catalogue of proposed paste. Supply and apply texturized decorative paste (Travetino Fingers or equivalent) to walls using appropriate equipment and techniques as per manufacturers recommendation, to engineer's direction and satisfaction. Supplier to attach catalogue of proposed paste. Supply and apply texturized decorative paste (Carravagio Silver or equivalent) to walls using appropriate equipment and techniques as per manufacturers recommendation, to engineer's direction and satisfaction. Supplier to attach catalogue of proposed paste. Supply and apply texturized decorative paste (Ruston Fondo or equivalent) to walls using appropriate equipment and techniques as per manufacturers recommendation, to engineer's direction and satisfaction. Supplier to attach catalogue of proposed paste. Supply and apply texturized decorative paste (Terra Sponged or equivalent) to walls using appropriate equipment and techniques as per manufacturers recommendation, to engineer's direction and satisfaction. Supplier to attach catalogue of proposed paste. UNIT. LM QTY. 300 RATE. KSH AMOUNT. KSH

LM

100

3 4

M2 M2

500 20

M2

20

M2

285

M2

30

M2

115

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Supply and apply texturized decorative paste (Terra Sponged or equivalent) to exterior walls using appropriate equipment and techniques as per manufacturers recommendation, to engineer's direction and satisfaction. Supplier to attach catalogue of proposed paste. Supply and apply texturized decorative paste (Dune G or equivalent) to walls using appropriate equipment and techniques as per manufacturers recommendation, to engineer's direction and satisfaction. Supplier to attach catalogue of proposed paste. Supply and install a 100mm wide pelmet box to engineer's direction and satisfaction. Supply and install 12mm thick gypsum boards to engineer's direction and satisfaction. GRAND TOTAL-KSH

M2

100

10

M2

20

11 12

LM M2

12 50

Signed: Bill of Quantities and specifications

Total Tender Price in Figures:

Total Tender Price in Words: (Carried to Form of Tender)

_______________________________________________________________________ Signature with date

_______________________________________________________________________ Company Name in block letters

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_______________________________________________________________________ Seal of the company

_______________________________________________________________________ Name, Signature and Date of KenGen Representative at Tender Opening

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CERTIFICATE OF TENDERERS VISIT TO SITE


This is to certify that [Name/s] ___________________________________________________________________ Being the authorized representative/Agent of [Name of Tenderer] ____________________________________________________________________________ Participated in the organized inspection visit of the site of the works for PAINTING WORKS AT OLKARIA GEOTHERMAL HEALTH SPA PROJECT held on ________________________Day of_____________________________________2013

Tenderer's Representative
Name ______________________________________________________________ Designation _________________________________________________________ Signed______________________________________________________________ Phone number________________________________________________________ Email address_________________________________________________________ Date_______________________________________________________________

KenGen's Representative
Name ______________________________________________________________ Signed______________________________________________________________ Date_______________________________________________________________

NOTE: 1. This form is to be completed at the time of the organized site visit.

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TENDER FORM (To be completed on Banks Letterhead) TO: Supply Chain Manager Kenya Electricity Generating Company Limited Stima Plaza, Parklands P.O. Box 47936-00100 Nairobi, Kenya Dear Sir, TENDER FOR PAINTING WORKS AT OLKARIA GEOTHERMAL HEALTH SPA DEVELOPMENT 1. Having visited the site and examined the drawings, conditions of contract, general specifications for building works and the bills of quantities for the execution of the above named works, we, the undersigned, offer to erect, complete and maintain the whole of the said works in conformity with the said drawings, conditions of contract, the general specifications and bills of quantities for the sum of Kenya shillings (words)

(Figures) or such other sum as may be ascertained in accordance with the said documents 2. We undertake, if our tender is accepted, to commence work within the time stipulated by the Engineers instructions and to complete and deliver the whole of the works comprised in the contract within _______________ weeks calculated from the last day of the aforesaid period in which the works are to be commenced. 3. Should our tender be accepted we will obtain a performance bond from a bank or insurance company (to be approved by you) to be bound to the employer in a sum equivalent to 10% of the tender sum for the due performance of the contract under the terms of a bond in the form appended to these tender documents. 4. We agree to abide by this tender for the period of 120 days from the date of opening the same and it shall remain binding upon us and may be accepted at any time before the expiration of that period. 5. Unless and until a formal agreement is prepared and executed, this Tender, together with your written acceptance thereof, shall constitute a binding contract between us. 6. We understand that you are not bound to accept the lowest or any tender you may receive.

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7. We agree that any canvassing with the employees of the Employer or the Consultants by us will result in our tender being disqualified. Dated this day of 2013 Signature Name in Block Letters Address Witness: Signature Full Name Occupation Address

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MANDATORY CONFIDENTIAL BUSINESS QUESTIONNAIRE (Must be filled by all applicants or tenderers who choose to participate in this tender) Name of Applicant (S) . You are requested to give the particulars in Part 1 and either Part 2 (a), 2 (b) or 2 (c), whichever applies to your type of business. Part 2 (d) to part 2(i) must be filled. You are advised that giving wrong or false information on this Form will lead to automatic disqualification / termination of your business proposal at your cost. Part 1 General Business Name:...... Certificate of Incorporation / Registration No. Location of business premises: Country ... Physical address .Town . BuildingFloor.. Plot No. Street / Road .... Postal Address .Postal / Country Code Telephone Nos Fax Nos. . E-mail address ..Website. Contact Person (Full Names) . Direct / Mobile Nos. .. Title Power of Attorney (Yes / No). If Yes, attach written document. Nature of Business (Indicate whether manufacturer, distributor, etc) ... (Applicable to Local suppliers only) Local Authority Trading License No. Expiry Date Value Added Tax No.. Value of the largest single assignment you have undertaken to date (US$/KShs) . Was this successfully undertaken? Yes / No. .(If Yes, attach reference) Name (s) of your banker (s) .. Branches . Tel Nos. . Part 2 (a) Sole Proprietors Full names ..... Nationality .. Country of Origin .... *Citizenship details..... Company Profile . (Attach brochures or annual reports in case of public companies) Part 2 (b) Partnerships

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Give details of partners as follows: Full Name 1 2 3 4 Company Profile .(Attach brochures) Part 2 (c) Registered Company Private or public . Company Profile (Attach brochures or annual reports in case of public companies) State the nominal and issued capital of the Company Nominal KShs ... Issued KShs ... List of top ten (10) shareholders and distribution of shareholding in the company. Give details of all directors as follows:Nationality Citizenship Details Shares

NOTE: THIS SECTION MUST BE FILLED TO QUALIFY FOR DOMESTIC PREFERENCE.


Full Name 1 2 3 4 Part 2 (d) Debarment I/We declare that I/We have not been debarred from any procurement process and shall not engage in any fraudulent or corrupt acts with regard to this or any other tender by KenGen and any other public or private institutions. Full Names Signature. Dated this day of 2013. In the capacity of Duly authorized to sign Tender for and on behalf of Part 2 (e) Criminal Offence I/We, (Name (s) of Director (s)):a) b) c) d) ... ...

Nationality

Citizenship Details

Percentage of Age/Gender Shares

Have not been convicted of any criminal offence relating to professional conduct or the making of false statements or misrepresentations as to its qualifications to enter into a procurement contract within a period of three (3) years preceding the commencement of procurement proceedings.

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Signed. For and on behalf of M/s .. In the capacity of . Dated this day of .2013. Suppliers / Companys Official Rubber Stamp Part 2 (f) Conflict of Interest I/We, the undersigned state that I / We have no conflict of interest in relation to this procurement:
a) b) c) d)

For and on behalf of M/s In the capacity of Dated this day of .2013 Suppliers / Companys Official Rubber Stamp Part 2 (g) Interest in the Firm: Is there any person / persons in KenGen or any other public institution who has interest in the Firm? Yes / No? .. (Delete as necessary) Institution 1 2 3 4 Part 2(h) Experience Please list here below similar projects accomplished or companies / clients you have supplied with similar items or equipments in the last two (2) years. Company Name Country Contract/Order Value No. Contact person (Full Names) E-mail address Cell phone No. Title Signature Date

1 2 3 4 Note: The contact person should be at the level of director. Part 2(i) Declaration I / We, the undersigned state and declare that the above information is correct and that I / We give Procurement Entity authority to seek any other references concerning my / our company from whatever sources deemed relevant, e.g. Office of the Registrar of Companies, Bankers, etc. Full names Signature

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For and on behalf of M/s In the capacity of Dated this day of .2013. Suppliers / Companys Official Rubber Stamp *Attach proof of citizenship * Attach certified copies of the following documents:
Previous orders from companies supplied before Certificate of Incorporation / Registration Tax Compliance Certificate (for local suppliers) Copy of Bank Statements for the last Six Months/Bank Reference Letter Certificate of Registration in a target group issued by the Ministry of Finance or Respective County Treasury *The above documents should be submitted if they are applicable to bidder. a) b) c) d) e)

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Tender-Securing Declaration Form


[The Bidder shall complete in this Form in accordance with the instructions indicated] Date: [insert date (as day, month and year) of Bid Submission] Tender No. [ Insert number of bidding process] To: Kenya Electricity Generating Company We, the undersigned, declare that: 1. We understand that, according to your conditions, bids must be supported by a Bid-Securing Declaration. 2. We accept that we will automatically be suspended from being eligible for bidding in any contract with the Purchaser for the period of time of [12 months] starting on [ insert date of signing this form], if we are in breach of our obligation(s) under the bid conditions, because we a) Have withdrawn our Bid during the period of bid validity specified by us in the Bidding Data Sheet; or b) Having been notified of the acceptance of our Bid by the Purchaser during the period of bid validity, (i) Fail or refuse to execute the Contract, if required, or (ii) Fail or refuse to furnish the Performance Security, in accordance with the ITT. 3. We understand that this Bid Securing Declaration shall expire if we are not the successful Bidder, upon the earlier of (i) Our receipt of a copy of your notification of the name of the successful Bidder; or (ii) Thirty days after the expiration of our Tender. 4. We understand that if we are a Joint Venture, the Bid Securing Declaration must be in the name of the Joint Venture that submits the bid, and the Joint Venture has not been legally constituted at the time of bidding, the Bid Securing Declaration shall be in the names of all future partners as named in the letter of intent. Signed: [insert signature of person whose name and capacity are shown] in the capacity of [insert legal capacity of person signing the Bid Securing Declaration] Name: [insert complete name of person signing the Bid Securing Declaration]

Duly authorized to sign the bid for and on behalf of: [insert complete name of Bidder] Dated on . day of ., . [Insert date of signing]

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FORM OF SURETY UNDERTAKING In the event of (TENDERER) of (ADDRESS) being awarded the Contract for the Tender For Painting Works At Olkaria Geothermal Health Spa Development We, SURETY), of (ADDRESS),

hereby undertake to provide a guarantee in the form of Performance Bond appended to these Tender Documents, under seal if required, for the due performance of the Contract to the extent of ten per centum (10%) of the Tender submitted by (TENDERER) Should the said (TENDERER) not be awarded the Contract it is understood that this offer shall become null and void. Signed for and on ) Behalf of Surety )

NAME (BLOCK LETTERS): Address:

Date:

2013.

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CONTRACT FORM THIS AGREEMENT made the ................. day of ...................................... 2013 between KenGen of the one part and ................................. (name of Supplier) of .....................................................(city and country of Contractor) (hereinafter called the Contractor) of the other part:

WHEREAS KenGen invited tenders for the supply of certain goods, viz.,................... (description of Works) and has accepted a tender by the Supplier for the supply of those Goods in the sum of ............................................................................................................ ..........................(Contract Price in words and figures) (hereinafter called the Contract Price).

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS: 1. In this Agreement words and expressions shall have the same meanings as are respectively assigned to them in the Conditions of Contract. 2. The following document shall be deemed to form and be read and construed as part of this Agreement, viz.: (a) (b) (c) (d) (e) (f) the Tender Form and the Price Schedule submitted by the Supplier; Bills of Quantities; the Technical Specifications, Schedule of Requirements and Prices; the General Conditions of Contract; the Special Conditions of Contract; and KenGens Notification of Award.

3. In consideration of the payments to be made by KenGen to the Supplier as hereinafter mentioned, the Supplier hereby covenants with KenGen to provide the Goods and to remedy defects therein in conformity in all respects with the provisions of the Contract 4. KenGen hereby covenants to pay the Supplier in consideration of the provision of the Goods and the remedying of defects therein, the Contract Price or such other sum as may become payable under the provisions of the Contract at the times and in the manner prescribed by the Contract.

IN WITNESS whereof the parties hereto have caused this Agreement to be executed in the day and year first above written. Signed and Sealed in the Common Seal of KenGen in the presence of: COMPANY SECRETARY ) ) ) ) ) ) )

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WITNESS

Signed and Sealed with the Common Seal of the Supplier in the presence of:

DIRECTOR

SECRETARY

) ) ) ) ) ) ) ) )

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TENDERING INSTRUCTIONS, SPECIFICATIONS, PRELIMINARIES, CONDITIONS OF CONTRACT AND BILLS OF QUANTITIES

SUPPLIED AS PART OF THE CONTRACT FOR: TENDER FOR CONSTRUCTION OF DIRECT USE ACCESS AND PARKING LOT AND KWS GATE EXPANSION WORKS AT OLKARIA GEOTHERMAL POWER DEVELOPMENT

FOR:

KENYA ELECTRICITY GENERATING COMPANY [KENGEN] Issued by: KENGEN P.O Box 47936 - 00100, NAIROBI

The Contract for the above mentioned works, entered into on the Day of 2013 by the undersigned parties refers to these Bills of Quantities which shall be read and construed as part of the said Contract.

(EMPLOYER)

(CONTRACTOR)

Date:

2013

Date:

2013

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PERFORMANCE GUARANTEE FORM (to be on letterhead of the Bank) To: Kenya Electricity Generating Company Limited, Stima Plaza Phase III, Kolobot Road P.O Box 47936, 00100 NAIROBI. Kenya. WHEREAS _____________________________[name of Contractor] (hereinafter called the Contractor) has undertaken, in pursuance of the Tender dated ____________ 2013 to provide THE TENDER FOR CONSTRUCTION OF DIRECT USE ACCESS AND PARKING LOT AND KWS GATE EXPANSION WORKS AT OLKARIA GEOTHERMAL POWER DEVELOPMENT (hereinafter called the Contract). AND WHEREAS it has been stipulated by you in the said Contract that the Contractor shall furnish you with a bank guarantee by a reputable bank for the sum specified therein as security for compliance with the Contractors performance obligations in accordance with the Contract AND WHEREAS we have agreed to give the Contractor a guarantee: THEREFORE WE hereby affirm that we are Guarantors and responsible to you, on behalf of the Contractor, up to a total of ____________________________(words)_____________(figures], and we undertake to pay you, upon your first written demand declaring the Contractor to be in default under the Contract and without cavil or argument, any sum or sums within the limits of _____________________________________ as aforesaid, without your needing to prove or to show grounds or reasons for your demand or the sum specified therein. This guarantee is valid until the __________ day of _________________2013. Signature and seal of the Guarantors

[name of bank or financial institution]

[address]

[date]

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APPENDIX 1 SUMMARY OF KEY PERSONNEL


DESIGNATION NAME NATIONALITY SUMMARY OF QUALIFICATION AND EXPERIENCE QUALIFICATION GENERAL EXPERIENCE YRS RELEVANT EXPERIENCE YRS

Headquarters Partner/Director or other key staff (give designation)

Site Office Site Agent Deputy Site Agent. Supervising Engineer Construction supervisors Site surveyor

Other key staff Note: 1. The Tenderer shall list in this schedule the key personnel he will employ from the Contractors headquarters and from the Contractors site office to direct and execute the work together with their qualifications, experience, position held and nationality in accordance with Clause 15.2 and 16.3 of the Conditions of Contract Part II (where required, use separate sheets to add extra data for column 4). 2. Tenderers shall be required to attach CVs of all key staff I certify that the above information is correct. Signature of Tenderer: Date:

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APPENDIX 2 - SCHEDULE OF PAINTING-WORKS CARRIED OUT BY THE TENDERER IN THE LAST FIVE YEARS DESCRIPTION OF WORKS VALUE OF WORKS (KShs) * YEAR COMPLETED / REMARKS

I certify that the above works were successfully carried out by this Tenderer(Attach Completion Certificates) Signature of Tenderer: .. Date:

* Value in Kshs using Central Bank of Kenya mean exchange rate at a reference date 7 days before the date of Tender Opening

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APPENDIX 3 - SCHEDULE OF ONGOING PROJECTS


DESCRIPTION DATE OF COMMENCE MENT DATE OF COMPLETION VALUE OF WORKS (KSHS) VALUE COMPLETED UP TO DATE % PHYSICALLY COMPLETED UP TO DATE %

I certify that the above works are being carried out by me and that the above information is correct. Signature of Tenderer: Date: .

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Submit copies of audited profit and loss statements and balance sheet for the last three calendar years and estimated projection for the next two years with certified English translation where appropriate. Give turnover figures for each of the last three (3) financial years. Quote in millions and decimal thereof. Type of \Work Road works Other civil engineering works Other (specify) Total Year Kshs. Year Kshs. Year Kshs.

SUMMARY OF ASSETS AND LIABILITIES OF THE AUDITED FINANCIAL STATEMENTS OF THE LAST THREE (3) FINANCIAL YEARS. Year Kshs. 1. Total Assets 2. Current Assets 3. Bank credit Line Value 4. Total Liabilities 5. Current Liabilities 6. Net worth (1-4) 7. Working capital (2+3-4) Year Kshs. Year Kshs.

Name/Address of Commercial Bank providing credit line . . Total amount of credit line Kshs. .. Attach certified copies of financial bank statements of the last three years. Attach a certified copy of Undertaking of the Bank to providing the credit.

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APPENDIX 4 - OTHER SUPPLEMENTARY INFORMATION Financial reports for the last three years, balance sheets, profit and loss statements, auditors reports etc. List them below and attach copies. Evidence of access to financial resources to meet the qualification requirements. Cash in hand, lines of credit etc. List below and attach copies of supporting documents Name, address, telephone, telex, fax numbers of the Tenderers Bankers who may provide reference if contacted by the Contracting Authority. Information on current Litigation in which the Tenderer is involved. OTHER PARTY (IES) CAUSE OF DISPUTE AMOUNT INVOLVED (KShs)

I certify that the above information is correct (Provide a sworn affidavit). Signature of Tenderer: Date: ..

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APPENDIX 5 - WORK METHODOLOGY AND PROGRAM OF WORKS 1. Give a brief description of how you intend to carry out the work including traffic management, quality assurance of works and any designs to be carried out by the Bidder, in not less than three (3) pages and not more than five (5) pages 2. Similarly, attach program of works in excel of MS Project formats.

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