The Construction and Upgrading To Bituminous Standard and Re-Alignment of Approximately 78 KM of Rd54 Road From Chief Mukungule's Area (Mwaleshi River) - Lufila-Kakoko To Kalalantekwe - Lot 2
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This document is a bidding document from the Road Development Agency of Zambia for the construction and upgrading of approximately 78 km of RD54 road from Mwaleshi River to Kalalantekwe in Muchinga Province, Zambia. It includes invitations for bids, instructions to bidders, requirements and specifications, general contract conditions, and other bidding forms and documents. The scope of work involves drainage, earthworks, surface dressing, road pavement layers, culverts, bridges, markings, and other ancillary works. Bidders must be registered contractors in Zambia and will be evaluated based on past performance ratings and due diligence.
Descrizione originale:
THE CONSTRUCTION AND UPGRADING TO BITUMINOUS STANDARD AND RE-ALIGNMENT OF APPROXIMATELY 78 KM OF RD54 ROAD FROM CHIEF MUKUNGULE'S AREA (MWALESHI RIVER) - LUFILA-KAKOKO TO KALALANTEKWE - LOT 2
Titolo originale
The Construction and Upgrading to Bituminous Standard and Re-Alignment of Approximately 78 Km of Rd54 Road From Chief Mukungule's Area (Mwaleshi River) - Lufila-kakoko to Kalalantekwe - Lot 2
This document is a bidding document from the Road Development Agency of Zambia for the construction and upgrading of approximately 78 km of RD54 road from Mwaleshi River to Kalalantekwe in Muchinga Province, Zambia. It includes invitations for bids, instructions to bidders, requirements and specifications, general contract conditions, and other bidding forms and documents. The scope of work involves drainage, earthworks, surface dressing, road pavement layers, culverts, bridges, markings, and other ancillary works. Bidders must be registered contractors in Zambia and will be evaluated based on past performance ratings and due diligence.
0 valutazioniIl 0% ha trovato utile questo documento (0 voti)
190 visualizzazioni210 pagine
The Construction and Upgrading To Bituminous Standard and Re-Alignment of Approximately 78 KM of Rd54 Road From Chief Mukungule's Area (Mwaleshi River) - Lufila-Kakoko To Kalalantekwe - Lot 2
This document is a bidding document from the Road Development Agency of Zambia for the construction and upgrading of approximately 78 km of RD54 road from Mwaleshi River to Kalalantekwe in Muchinga Province, Zambia. It includes invitations for bids, instructions to bidders, requirements and specifications, general contract conditions, and other bidding forms and documents. The scope of work involves drainage, earthworks, surface dressing, road pavement layers, culverts, bridges, markings, and other ancillary works. Bidders must be registered contractors in Zambia and will be evaluated based on past performance ratings and due diligence.
Ministry of Transport, Works, Supply and Communications
ROAD DEVELOPMENT AGENCY
Bidding Document for Procurement of Works
THE CONSTRUCTION AND UPGRADING TO BITUMINOUS STANDARD AND RE-ALIGNMENT OF APPROXIMATELY 78 KM OF RD54 ROAD FROM CHIEF MUKUNGULES AREA (MWALESHI RIVER) - LUFILA-KAKOKO TO KALALANTEKWE - LOT 2
MWALESHI RIVER- KM 0+000 TO KALALANTEKWE KM 78+000 (RD54/T002)
(78KM)
IN MUCHINGA PROVINCE
Issued on: 16 th June 2014
ONB No: RDA/CE/021/14
Employer: Road Development Agency ZAMBIA
iii
Summary Description
This Standard Bidding Document for Procurement of Small Works and its Users Guide is to be used when a prequalification process has not taken place before bidding and, therefore, post-qualification applies. A brief description of these documents is given below.
SBD for Procurement of Small Works
PART 1 BIDDING PROCEDURES
Section I. Instructions to Bidders (ITB) This Section provides relevant information to help Bidders prepare their bids. Information is also provided on the submission, opening, and evaluation of bids and on the award of Contracts. Section I contains provisions that are to be used without modification. Section II. Bid Data Sheet (BDS) This Section consists of provisions that are specific to each procurement and that supplement the information or requirements included in Section I, Instructions to Bidders. Section III. Evaluation and Qualification Criteria This Section contains the criteria to determine the best-evaluated bid and the qualifications of the Bidder to perform the contract. Section IV. Bidding Forms This Section contains the forms which are to be completed by the Bidder and submitted as part of his Bid Section V. Eligible Countries This Section contains information regarding eligible countries.
PART 2 EMPLOYERSREQUIREMENTS Section VI. Employers Requirements This Section contains the Specification, the Drawings, and supplementary information that describe the Plant and Installation Services to be procured.
Summary Description iv
PART 3 CONDI TI ONS OF CONTRACT AND CONTRACT FORMS Section VII. General Conditions of Contract (GCC) This Section contains the general clauses to be applied in all contracts. The text of the clauses in this Section shall not be modified. Section VIII. Particular Conditions of Contract (PCC) This Section consists of Contract Data and Specific Provisions which contains clauses specific to each contract. The contents of this Section modify or supplement the General Conditions and shall be prepared by the Employer. Section IX. Contract Forms This Section contains forms which, once completed, will form part of the Contract. The forms for Performance Security and Advance Payment Security, when required, shall only be completed by the successful Bidder after contract award. Users Guide for SBD for Procurement of Small Works This Guide to the Bidding Document, which is within the document, contains detailed explanations and recommendations on how to prepare a bidding document for a specific procurement of Small Works. The Guide is not a part of the Bidding Document.
v
P R O C U R E ME N T D O C U ME N T S
Bidding Document for Procurement of Small Works
Procurement of:
THE CONSTRUCTION AND UPGRADING TO BITUMINOUS STANDARD AND RE-ALIGNMENT OF APPROXIMATELY 78 KM OF RD54 ROAD FROM CHIEF MUKUNGULES AREA (MWALESHI RIVER)- LUFILA-KAKOKO TO KALALANTEKWE - LOT 2 : KM 0+000 (Mwaleshi River) KM 78+000 (RD54/T002 Junction)
Issued on: 16 th June 2014
ONB No: RDA/CE/021/14
Employer: Road Development Agency
ZAMBIA
vii ROAD DEVELOPMENT AGENCY
INVITATION FOR BIDS (IFB)
RDA/CE/021/014: TENDER FOR THE CONSTRUCTION AND UPGRADING TO BITUMINOUS STANDARD AND RE-ALIGNMENT OF APPROXIMATELY 78 KM OF RD54 ROAD FROM CHIEF MUKUNGULES AREA (MWALESHI RIVER) - LUFILA-KAKOKO TO KALALANTEKWE IN MUCHINGA PROVINCE OF ZAMBIA-LOT 2: KM 0+000 (MWALESHI RIVER) KM 78+000 (RD54/T002 JUNCTION)
The Road Development Agency (RDA) has received financing from the Government of the Republic of Zambia and wishes to apply a portion of these funds to cover eligible payments for the Construction and Upgrading to Bituminous Standard and Re-alignment of approximately 78 km of RD54 Road from Chief Mukungules area (Mwaleshi River) to Lufila-Kakoko-Kalalantekwe in Muchinga Province of Zambia Lot 2
The Road Development Agency now invites a sealed bids from eligible Bidders for the Construction and Upgrading to Bituminous Standard and Re-alignment of approximately 78 km of RD54 Road from Chief Mukungules area (Mwaleshi river) - Lufila Kakoko Kalalantekwe in Muchinga Province of Zambia- Lot 2: Km 0+000 (Mwaleshi River) To Km 78+000 (RD54/T002 Junction)
The scope of work will include among other things;
1. Drainage and Earthworks; 2. Clearing and grubbing 3. Double Surface dressing 4. Road pavement layers 5. Installation of culverts and related concrete works 6. Bridge Construction 7. Road markings and traffic signs, provision of guard rails; and 8. Ancillary works,.
This tender is open to firms that are registered in Zambia as contractors of road works with the National Council for Construction (NCC) in Category R, Grades 1 and 2. Bidders will also be assessed through the provisions of the Consultants and Contractors Vendor 1-viii Section 1 - Instructions to Bidders Rating System - RDA Policy & Procedure Manual, J anuary 2013. Contractors with a current Past Performance Rating of less than 60% shall not be considered, while Contractors without current Past Performance Ratings will be assessed prior to award of contract through a strict due diligence exercise conducted on the two (2) most recent projects completed using the Consultants and Contractors Vendor Rating System - RDA Policy & Procedure Manual, January 2013.
Bidding will be conducted through Open National Bidding (ONB) procedures.
Eligible bidders may view the bidding document from the Procurement Department at the Road Development Agency Head Office, Plot 33, Corner of Government and Fairley Roads, Ridgeway, Lusaka. A complete set of bidding documents may be purchased at the above address upon payment of a non-refundable fee of ZMW1000.00 in cash or bank certified cheque.
The contact telephone numbers are 260 211 253088 and the telefax number is 260 211 251420. HOWEVER, TELEGRAPHIC AND TELEFAX OFFERS WILL NOT BE ACCEPTED.
All bids, in sealed envelopes Cleary marked THE CONSTRUCTION AND UPGRADING TO BITUMINOUS STANDARD AND RE-ALIGNMENT OF APPROXIMATELY 78 KM OF RD54 ROAD FROM CHIEF MUKUNGULES AREA(MWALESHI RIVER) - LUFILA KAKOKO KALALANTEKWE IN MUCHINGA PROVINCE OF ZAMBIA- LOT 2: KM 0+000 (MWALESHI RIVER) TO KM 78+000 (RD54/T002 JUNCTION) accompanied by a bid security of 2% of tender sum must be deposited in the tender box placed outside the Conference Room of the Road Development Agency Head Office in Lusaka, on or before Friday, 18 th July, 2014 at 14:30 Hours Local Time.
A Site Visit will be held on Friday 20 th June, 2014 and bidders are requested to meet at Road Development Agency Muchinga Regional Office in Chinsali at 09:00 hours.
Following the Site Visit, a Pre-bid meeting will be held to clarify all issues that bidders may raise. The time and date will be agreed after the site visit. The closing date for the receipt of bids is Friday, 18 th July 2014 at 14:30 Hours Local Time. Bids shall be opened immediately thereafter in Conference Room of the Road Development Agency Head Office in Lusaka, in the presence of bidders or their representatives who choose to attend. LATE BIDS SHALL NOT BE ACCEPTED.
Keeta Shisholeka Director Procurement For / Director and Chief Executive Officer ROAD DEVELOPMENT AGENCY Section 1 - Instructions to Bidders 1-ix Standard Bidding Document
Table of Contents
PART 1 Bidding Procedures ............................................................................................ 1-1 Section 1 - Instructions to Bidders ...................................................................................... 1-3 Section II - Bid Data Sheet (BDS) .................................................................................... 1-27 Section III - Evaluation and Qualification Criteria ........................................................... 1-33 Section IV - Bidding Forms .............................................................................................. 1-45 Section V - Eligible Countries ............................................................................................ 1-1 PART 2 EmployersRequirements .................................................................................. 2-2 Section VI - Employers Requirements .............................................................................. 2-3 PART 3 Conditions of Contract and Contract Forms .................................................. 3-1 Section VII. General Conditions of Contract ..................................................................... 3-3 Section VIII. Particular Conditions of Contract............................................................... 3-29 Section IX - Contract Forms ............................................................................................. 3-37
1-1 PART 1 Bidding Procedures 1-3
Section 1 - Instructions to Bidders
Table of Clauses
A. General ...................................................................................................................... 1-5 1. Scope of Bid ............................................................................................................... 1-5 2. Source of Funds ......................................................................................................... 1-5 3. Fraud and Corruption ................................................................................................. 1-5 4. Eligible Bidders ......................................................................................................... 1-8 5. Eligible Materials, Equipment and Services .............................................................. 1-9 B. Contents of Bidding Document ............................................................................. 1-10 6. Sections of Bidding Document ................................................................................ 1-10 7. Clarification of Bidding Document, Site Visit, Pre-Bid Meeting ............................ 1-11 8. Amendment of Bidding Document .......................................................................... 1-12 C. Preparation of Bids ................................................................................................ 1-12 9. Cost of Bidding ........................................................................................................ 1-12 10. Language of Bid ....................................................................................................... 1-12 11. Documents Comprising the Bid ............................................................................... 1-12 12. Letter of Bid and Schedules ..................................................................................... 1-13 13. Alternative Bids ....................................................................................................... 1-13 14. Bid Prices and Discounts ......................................................................................... 1-14 15. Currencies of Bid and Payment ............................................................................... 1-14 16. Documents Comprising the Technical Proposal ...................................................... 1-15 17. Documents Establishing the Qualifications of the Bidder ....................................... 1-15 18. Period of Validity of Bids ........................................................................................ 1-15 19. Bid Security ............................................................................................................. 1-15 20. Format and Signing of Bid ....................................................................................... 1-17 D. Submission and Opening of Bids .......................................................................... 1-18 21. Sealing and Marking of Bids ................................................................................... 1-18 22. Deadline for Submission of Bids ............................................................................. 1-18 23. Late Bids .................................................................................................................. 1-19 24. Withdrawal, Substitution, and Modification of Bids ............................................... 1-19 25. Bid Opening ............................................................................................................. 1-19 E. Evaluation and Comparison of Bids .................................................................... 1-20 26. Confidentiality ......................................................................................................... 1-20 1-4 Section I - Instructions to Bidders 27. Clarification of Bids ................................................................................................. 1-20 28. Deviations, Reservations, and Omissions ................................................................ 1-21 29. Determination of Responsiveness ............................................................................ 1-21 30. Nonconformities, Errors, and Omissions ................................................................. 1-22 31. Correction of Arithmetical Errors ............................................................................ 1-22 32. Conversion to Single Currency ................................................................................ 1-23 33. Margin of Preference ............................................................................................... 1-23 34. Evaluation of Bids.................................................................................................... 1-23 35. Comparison of Bids ................................................................................................. 1-24 36. Qualification of the Bidder ...................................................................................... 1-24 37. Employers Right to Accept Any Bid, and to Reject Any or All Bids .................... 1-25 F. Award of Contract ................................................................................................. 1-25 38. Award Criteria ......................................................................................................... 1-25 39. Notification of Award .............................................................................................. 1-25 40. Signing of Contract .................................................................................................. 1-26 41. Performance Security ............................................................................................... 1-26 42. Adjudicator .............................................................................................................. 1-26
Section I - Instructions to Bidders 1-5 Section I - Instructions to Bidders A. General 1. Scope of Bid 1.1 The Employer, as indicated in the BDS, issues this Bidding Document for the procurement of the Works as specified in Section 6 (Employers Requirements). The name, identification, and number of contracts of this bidding are provided in the BDS.
1.2 Throughout this Bidding Document: (a) the term in writing means communicated in written form and delivered against receipt; (b) except where the context requires otherwise, words indicating the singular also include the plural and words indicating the plural also include the singular; and (c) day means calendar day; (d) the term Project Manager refers to the officer, body or institution appointed under Section 57 of the Public Procurement Act of 2008 as Contract Manager; (e) Government refers to the Government of the Republic of Zambia, any Procuring Entity or the relevant approvals authority as defined in the Public Procurement Act of 2008; and (f) ZPPA refers to the Zambia Public Procurement Authority. 2. Source of Funds 2.1 The Procuring Entity indicated in the BDS has applied for or received financing (hereinafter called funds) toward the cost of the project or programme named in the BDS. The Employer intends to apply a portion of the funds to eligible payments under the contract(s) for which this Bidding Document is issued.
2.2 Payments by the Employer will be made only at the request of the Project Manager 3. Fraud and Corruption 3.1 It is the Governments policy to require that Employers(including beneficiaries of the funds), as well as bidders, suppliers, and contractors and their agents (whether declared or not), personnel, subcontractors, sub-consultants, service providers and suppliers, under Government-financed contracts, observe the highest standard of ethics during the 1-6 Section I - Instructions to Bidders procurement and execution of such contracts. 1 In pursuance of this policy, the Government: (a) defines, for the purposes of this provision, the terms set forth below as follows: (i) corrupt practice is the offering, giving, receiving or soliciting, directly or indirectly, of anything of value to influence improperly the actions of another party 2 ; (ii) fraudulent practice is any act or omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to avoid an obligation 3 ; (iii) collusive practice is an arrangement between two or more parties 4 designed to achieve an improper purpose, including to influence improperly the actions of another party; (iv) coercive practice is impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly the actions of a party 5 ; (v) "obstructive practice" is (aa) deliberately destroying, falsifying, altering or concealing of evidence material to the investigation or making false statements to investigators in order to materially impede a Government investigation into allegations of a corrupt, fraudulent, coercive or collusive practice; and/or threatening, harassing or intimidating any party to prevent it from
1 In this context, any action taken by a bidder, supplier, contractor, or any of its personnel, agents, sub- consultants, sub-contractors, service providers, suppliers and/or their employees to influence the procurement process or contract execution for undue advantage is improper. 2 Another party refers to a public official acting in relation to the procurement process or contract execution]. In this context, public official includes Government staff and employees of other organizations taking or reviewing procurement decisions. 3 Party refers to a public official; the terms benefit and obligation relate to the procurement process or contract execution; and the act or omission is intended to influence the procurement process or contract execution. 4 Parties refers to participants in the procurement process (including public officials) attempting to establish bid prices at artificial, non competitive levels. 5 Party refers to a participant in the procurement process or contract execution. Section I - Instructions to Bidders 1-7 disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation; or (bb) acts intended to materially impede the exercise of the Governments inspection and audit rights provided for under sub-clause 3.1 (e) below. (b) will reject a proposal for award if it determines that the bidder recommended for award has, directly or through an agent, engaged in corrupt, fraudulent, collusive, coercive or obstructive practices in competing for the contract in question; (c) will cancel the funding allocated to a contract if it determines at any time that representatives of the Employer- engaged in corrupt, fraudulent, collusive, or coercive practices during the procurement or the execution of that contract, without the Employer having taken timely and appropriate action satisfactory to the Government to remedy the situation; and (d) will sanction a firm or an individual, at any time, in accordance with prevailing sanctions procedures, including suspending or barring a bidder in accordance with Sections sixty-five, sixty-six and sixty-seven of the Public Procurement Act of 2008 and regulations 162 to 167 of the Public Procurement Regulations of 2011: (i) to be awarded a Government-financed contract; and (ii) to be a nominated b sub-contractor, consultant, manufacturer or supplier, or service provider of an otherwise eligible firm being awarded a Government-financed contract.A bidder or supplier aggrieved by such a decision, may appeal in accordance with Section sixty-nine of the Public Procurement Act of 2008. 3.2 In further pursuance of this policy, Bidders shall permit the Government to inspect any accounts and records and other documents relating to the Bid submission and contract performance, and to have them audited by auditors appointed by the Government.
b A nominated sub-contractor, consultant, manufacturer or supplier, or service provider (different names are used depending on the particular bidding document) is one which either has been: (i) included by the bidder in its pre-qualification application or bid because it brings specific and critical experience and know-how that are accounted for in the evaluation of the bidders pre-qualification application or the bid; or (ii) appointed by the Borrower. 1-8 Section I - Instructions to Bidders 3.3 Furthermore, bidders shall be aware of the provision stated in GCC Sub-Clauses 22.2 and 56.2 (h). 4. Eligible Bidders
4.1 A Bidder may be a natural person, private entity, or government- owned entitysubject to ITB 4.6or any combination of them in the form of a joint venture, under an existing agreement, or with the intent to constitute a legally-enforceable joint venture. Unless otherwise stated in the BDS, all partners shall be jointly and severally liable for the execution of the Contract in accordance with the Contract terms.
4.2 A Bidder, and all parties constituting the Bidder, shall have the nationality of an eligible country, in accordance with Section 5 (Eligible Countries). A Bidder shall be deemed to have the nationality of a country if the Bidder is a citizen or is constituted, or incorporated, and operates in conformity with the provisions of the laws of that country. This criterion shall also apply to the determination of the nationality of proposed subcontractors or suppliers for any part of the Contract including related services.
4.3 A Bidder shall not have a conflict of interest. All Bidders found to have a conflict of interest shall be disqualified. A Bidder may be considered to have a conflict of interest with one or more parties in this bidding process, if : (a) they have a controlling partner in common; or (b) they receive or have received any direct or indirect subsidy from any of them; or (c) they have the same legal representative for purposes of this bid; or (d) they have a relationship with each other directly that puts them in a position to have access to information about or influence on the Bid of another Bidder, or influence the decisions of the Employer regarding this bidding process; or (e) a Bidder participates in more than one bid in this bidding process. Participation by a Bidder in more than one Bid will result in the disqualification of all Bids in which the party is involved. However, this does not limit the inclusion of the same subcontractor in more than one bid; or (f) a Bidder participated as a consultant in the preparation of the design or technical specifications of the contract that is the subject of the Bid; or (g) a Bidder has been hired (or is proposed to be hired) by the Section I - Instructions to Bidders 1-9 Employer as Engineer for the contract.
4.4 A Bidder that has been sanctioned by ZPPA in accordance with the above ITB 3.1 (d), shall be ineligible to be awarded a Government-financed contract, or benefit from a Government- financed contract, financially or otherwise, during such period of time as the ZPPA shall determine
4.5 A statutory corporation or body or company in which Government has a majority or controlling interest shall be eligible only if they meet the provisions of Section 34 of the Public Procurement Act of 2008.To establish eligibility, the government-owned enterprise or institution should provide all relevant documents (including its charter) sufficient to demonstrate that it meets the provisions of Section 34(2) of the Public Procurement Act of 2008.
4.6 Bidders shall provide such evidence of their continued eligibility satisfactory to the Employer, as the Employer shall reasonably request.
4.7 In case a prequalification process has been conducted prior to the bidding process, this bidding is open only to prequalified Bidders.
4.8 Firms shall be excluded if: (a) as a matter of law or official regulation, the Government prohibits commercial relations with that country, provided that Cooperating Partners involved are satisfied that such exclusion does not preclude effective competition for the supply of goods or related services required; or (b) by an act of compliance with a decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations, Government prohibits any import of goods or contracting of works or services from that country or any payments to persons or entities in that country. 5. Eligible Materials, Equipment and Services 5.1 The materials, equipment and services to be supplied under the Contract shall have their origin in eligible source countries as defined in ITB 4.2 above and all expenditures under the Contract will be limited to such materials, equipment, and services. At the Employers request, Bidders may be required to provide evidence of the origin of materials, equipment and services. 1-10 Section I - Instructions to Bidders
5.2 For purposes of ITB 5.1 above, origin means the place where the materials and equipment are mined, grown, produced or manufactured, and from which the services are provided. Materials and equipment are produced when, through manufacturing, processing, or substantial or major assembling of components, a commercially recognized product results that differs substantially in its basic characteristics or in purpose orutility from its components. B. Contents of Bidding Document 6. Sections of Bidding Document 6.1 The Bidding Document consist of Parts 1, 2, and3, which include all the Sections indicated below, and should be read in conjunction with any Addenda issued in accordance with ITB 8. PART 1 Bidding Procedures Section I - Instructions to Bidders (ITB) Section II - Bid Data Sheet (BDS) Section III - Evaluation and Qualification Criteria Section IV - Bidding Forms Section V - Eligible Countries PART 2 Requirements Section VI - Works Requirements PART 3 Conditions of Contract and Contract Forms Section VII - General Conditions (GC) Section VIII - Particular Conditions (PC) Section IX - Contract Forms
6.2 The Invitation for Bids issued by the Employer is not part of the Bidding Document.
6.3 The Employer is not responsible for the completeness of the Bidding Document and their Addenda, if they were not obtained directly from the source stated by the Employer in the Invitation for Bids.
6.4 The Bidder is expected to examine all instructions, forms, terms, and specifications in the Bidding Document. Failure to furnish all information or documentation required by the Bidding Document may result in the rejection of the bid. Section I - Instructions to Bidders 1-11 7. Clarification of Bidding Document, Site Visit, Pre-Bid Meeting 7.1 A prospective Bidder requiring any clarification of the Bidding Document shall contact the Employer in writing at the Employers address indicated in the BDS or raise his inquiries during the pre-bid meeting if provided for in accordance with ITB 7.4. The Employer will respond in writing to any request for clarification, provided that such request is received prior to the deadline for submission of bids, within a period given in the BDS. The Employer shall forward copies of its response to all Bidders who have acquired the Bidding Document in accordance with ITB 6.3, including a description of the inquiry but without identifying its source. Should the Employer deem it necessary to amend the Bidding Document as a result of a request for clarification, it shall do so following the procedure under ITB 8 and ITB 22.2.
7.2 The Bidder is encouraged to visit and examine the Site of Works and its surroundings and obtain for itself, on its own risk and responsibility, all information that may be necessary for preparing the bid and entering into a contract for construction of the Works. The costs of visiting the Site shall be at the Bidders own expense.
7.3 The Bidder and any of its personnel or agents will be granted permission by the Employer to enter upon its premises and lands for the purpose of such visit, but only upon the express condition that the Bidder, its personnel, and agents will release and indemnify the Employer and its personnel and agents from and against all liability in respect thereof, and will be responsible for death or personal injury, loss of or damage to property, and any other loss, damage, costs, and expenses incurred as a result of the inspection.
7.4 The Bidders designated representative is invited to attend a pre- bid meeting, if provided for in the BDS. The purpose of the meeting will be to clarify issues and to answer questions on any matter that may be raised at that stage.
7.5 The Bidder is requested, as far as possible, to submit any questions in writing, to reach the Employer not later than one week before the meeting.
7.6 Minutes of the pre-bid meeting, including the text of the questions raised, without identifying the source, and the responses given, together with any responses prepared after the meeting, will be transmitted promptly to all Bidders who have acquired the Bidding Document in accordance with ITB 6.3. Any modification to the Bidding Document that may become necessary as a result of the pre-bid meeting shall be made by the 1-12 Section I - Instructions to Bidders Employer exclusively through the issue of an addendum pursuant to ITB 8 and not through the minutes of the pre-bid meeting.
7.7 Nonattendance at the pre-bid meeting will not be a cause for disqualification of a Bidder. 8. Amendment of Bidding Document 8.1 At any time prior to the deadline for submission of bids, the Employer may amend the Bidding Document by issuing addenda.
8.2 Any addendum issued shall be part of the Bidding Document and shall be communicated in writing to all who have obtained the Bidding Document from the Employer in accordance with ITB 6.3.
8.3 To give prospective Bidders reasonable time in which to take an addendum into account in preparing their bids, the Employer may, at its discretion, extend the deadline for the submission of bids, pursuant to ITB 22.2 C. Preparation of Bids 9. Cost of Bidding 9.1 The Bidder shall bear all costs associated with the preparation and submission of its Bid, and the Employer shall in no case be responsible or liable for those costs, regardless of the conduct or outcome of the bidding process. 10. Language of Bid 10.1 The Bid, as well as all correspondence and documents relating to the bid exchanged by the Bidder and the Employer, shall be written in the language specified in the BDS. Supporting documents and printed literature that are part of the Bid may be in another language provided they are accompanied by an accurate translation of the relevant passages in the language specified in the BDS, in which case, for purposes of interpretation of the Bid, such translation shall govern. 11. Documents Comprising the Bid 11.1 The Bid shall comprise the following: (a) Letter of Bid; (b) completed Schedules, in accordance with ITB 12 and 14, or as stipulated in the BDS; (c) Bid Security or Bid Securing Declaration, in accordance with ITB 19; (d) alternative bids, at Bidders option and if permissible, in accordance with ITB 13; Section I - Instructions to Bidders 1-13 (e) written confirmation authorizing the signatory of the Bid to commit the Bidder, in accordance with ITB 20.2; (f) documentary evidence in accordance with ITB 17 establishing the Bidders qualifications to perform the contract; (g) Technical Proposal in accordance with ITB 16; (h) In the case of a bid submitted by a joint venture (JV), the JV agreement, or letter of intent to enter into a JVincluding a draft agreement, indicating at least the parts of the Works to be executed by the respective partners; and (i) Any other document required in the BDS. 12. Letter of Bid and Schedules 12.1 The Letter of Bid, Schedules, and all documents listed under Clause 11, shall be prepared using the relevant forms in Section IV(Bidding Forms), if so provided. The forms must be completed without any alterations to the text, and no substitutes shall be accepted. All blank spaces shall be filled in with the information requested. 13. Alternative Bids 13.1 Unless otherwise indicated in the BDS, alternative bids shall not be considered.
13.2 When alternative times for completion are explicitly invited, a statement to that effect will be included in the BDS, as will the method of evaluating different times for completion.
13.3 When specified in the BDS pursuant to ITB 13.1, and subject to ITB 13.4 below, Bidders wishing to offer technical alternatives to the requirements of the Bidding Document must first price the Employers design as described in the Bidding Document and shall further provide all information necessary for a complete evaluation of the alternative by the Employer, including drawings, design calculations, technical specifications, breakdown of prices, and proposed construction methodology and other relevant details. Only the technical alternatives, if any, of the best-evaluated Bidder conforming to the basic technical requirements shall be considered by the Employer.
13.4 When specified in the BDS, Bidders are permitted to submit alternative technical solutions for specified parts of the Works. Such parts will be identified in the BDS and described in Section VI(Employers Requirements). The method for their evaluation will be stipulated in Section III(Evaluation and Qualification Criteria). 1-14 Section I - Instructions to Bidders 14. Bid Prices and Discounts 14.1 The prices and discounts quoted by the Bidder in the Letter of Bid and in the Schedules shall conform to the requirements specified below.
14.2 The Bidder shall submit a bid for the whole of the works described in ITB 1.1 by filling in prices for all items of the Works, as identified in Section IV, Bidding Forms. In case of admeasurement contracts, the Bidder shall fill in rates and prices for all items of the Works described in the Bill of Quantities. Items against which no rate or price is entered by the Bidder will not be paid for by the Employer when executed and shall be deemed covered by the rates for other items and prices in the Bill of Quantities.
14.3 The price to be quoted in the Letter of Bid shall be the total price of the Bid, excluding any discounts offered.
14.4 Unconditional discounts, if any, and the methodology for their application shall be quoted in the Letter of Bid, in accordance with ITB 12.1. 14.5 If so indicated in ITB 1.1, bids are invited for individual contracts or for any combination of contracts (packages). Bidders wishing to offer any price reduction for the award of more than one Contract shall specify in their bid the price reductions applicable to each package, or alternatively, to individual Contracts within the package. Price reductions or discounts shall be submitted in accordance with ITB 14.3, provided the bids for all contracts are submitted and opened at the same time.
14.6 Unless otherwise provided in the BDS and the Conditions of Contract, the prices quoted by the Bidder shall be fixed. If the prices quoted by the Bidder are subject to adjustment during the performance of the Contract in accordance with the provisions of the Conditions of Contract, the Bidder shall furnish the indices and weightings for the price adjustment formulae in the Schedule of Adjustment Data in Section IV (Bidding Forms) and the Employer may require the Bidder to justify its proposed indices and weightings.
14.7 All duties, taxes, and other levies payable by the Contractor under the Contract, or for any other cause, as of the date 28 days prior to the deadline for submission of bids, shall be included in the rates and prices and the total bid price submitted by the Bidder. 15. Currencies of Bid and Payment 15.1 The currency(ies) of the bid shall be as specified in the BDS. Section I - Instructions to Bidders 1-15
15.2 Bidders may be required by the Employer to justify, to the Employers satisfaction, their local and foreign currency requirements, and to substantiate that the amounts included in the prices shown in the appropriate form(s) of Section IV, in which case a detailed breakdown of the foreign currency requirements shall be provided by Bidders. 16. Documents Comprising the Technical Proposal 16.1 The Bidder shall furnish a Technical Proposal including a statement of work methods, equipment, personnel, schedule and any other information as stipulated in Section IV (Bidding Forms), in sufficient detail to demonstrate the adequacy of the Bidders proposal to meet the work requirements and the completion time. 17. Documents Establishing the Qualifications of the Bidder 17.1 To establish its qualifications to perform the Contract in accordance with Section III (Evaluation and Qualification Criteria) the Bidder shall provide the information requested in the corresponding information sheets included in Section IV (Bidding Forms).
17.2 Domestic Bidders, individually or in joint ventures, applying for eligibility for a 7-percent margin ofdomestic preference shall supply all information required to satisfy the criteria for eligibility as described in ITB 33. 18. Period of Validity of Bids 18.1 Bids shall remain valid for the period specified in the BDS after the bid submission deadline date prescribed by the Employer. A bid valid for a shorter period shall be rejected by the Employer as nonresponsive.
18.2 In exceptional circumstances, prior to the expiration of the bid validity period, the Employer may request Bidders to extend the period of validity of their bids. The request and the responses shall be made in writing. If a bid security is requested in accordance with ITB 19, it shall also be extended for a corresponding period. A Bidder may refuse the request without forfeiting its bid security. A Bidder granting the request shall not be required or permitted to modify its bid.
18.3 In the case of fixed price contracts, if the award is delayed by a period exceeding fifty-six (56) days beyond the expiry of the initial bid validity, the Contract price shall be adjusted by a factor specified in the request for extension. Bid evaluation shall be based on the Bid Price without taking into consideration the above correction. 19. Bid Security 19.1 Unless otherwise specified in the BDS, the Bidder shall furnish as part of its bid, in original form, either a Bid Securing 1-16 Section I - Instructions to Bidders Declaration or a bid security as specified in the BDS. In the case of a bid security, the amount shall be as specified in the BDS.
19.2 A Bid Securing Declaration shall use the form included in Section IV Bidding Forms.
19.3 If a bid security is specified pursuant to ITB 19.1, the bid security shall be, at the Bidders option, in any of the following forms: (a) an unconditional guarantee, issued by a bank or surety; (b) an irrevocable letter of credit; (c) a cashiers or certified check; or (d) another security indicated in the BDS. from a reputable sourcefrom an eligible country. If the unconditional guarantee is issued by an insurance company or bonding company located outside the Employers Country, it shall have a correspondent financial institution located in the Employers Country. In the case of a bank guarantee, the bid security shall be submitted either using the Bid Security Form included in Section IV(Bidding Forms) or in another substantially similar format approved by the Employer prior to bid submission. In either case, the form must include the complete name of the Bidder. The bid security shall be valid for twenty-eight days (28) beyond the original validity period of the bid, or beyond any period of extension if requested under ITB 18.2.
19.4 Any bid not accompanied by an enforceable and substantiallycompliant bid security or Bid Securing Declaration, if required in accordance with ITB 19.1, shall be rejected by the Employer as nonresponsive.
19.5 If a bid security is specified pursuant to ITB 19.1, the bid security of unsuccessful Bidders shall be returned as promptly as possible upon the successful Bidders furnishing of the performance security pursuant to ITB 41.
19.6 If a bid security is specified pursuant to ITB 19.1, the bid security of the successful Bidder shall be returned as promptly as possible once the successful Bidder has signed the Contract and furnished the required performance security.
19.7 The bid security may be forfeited or the Bid Securing Declaration executed: Section I - Instructions to Bidders 1-17 (a) if a Bidder withdraws its bid during the period of bid validity specified by the Bidder on the Letter of Bid, except as provided in ITB 18.2 or (b) if the successful Bidder fails to: (i) sign the Contract in accordance with ITB 40; or (ii) furnish a performance security in accordance with ITB 41.
19.8 The Bid Security or the Bid Securing Declaration of a JVshall be in the name of the JVthat submits the bid. If the JVhas not been constituted into a legally-enforceable JV, at the time of bidding, the Bid Security or the Bid Securing Declaration shall be in the names of all future partners as named in the letter of intent mentioned in ITB 4.1. 19.9 If a bid security is not required in the BDS, and (a) if a Bidder withdraws its bid during the period of bid validity specified by the Bidder on the Letter of Bid Form, except as provided in ITB 18.2, or (b) if the successful Bidder fails to: sign the Contract in accordance with ITB 40; or furnish a performance security in accordance with ITB 41; the Employer may, if provided for in the BDS, declare the Bidder disqualified to be awarded a contract by the Employer for a period of time as stated in the BDS. 20. Format and Signing of Bid 20.1 The Bidder shall prepare one original of the documents comprising the bid as described in ITB 11 and clearly mark it ORIGINAL. Alternative bids, if permitted in accordance with ITB 13, shall be clearly marked ALTERNATIVE. In addition, the Bidder shall submit copies of the bid in the number specified in the BDS, and clearly mark each of them COPY. In the event of any discrepancy between the original and the copies, the original shall prevail.
20.2 The original and all copies of the bid shall be typed or written in indelible ink and shall be signed by a person duly authorized to sign on behalf of the Bidder. This authorization shall consist of a written confirmation as specified in the BDS and shall be attached to the bid. The name and position held by each person signing the authorization must be typed or printed below the signature. 1-18 Section I - Instructions to Bidders
20.3 Any amendmentssuch as interlineations, erasures, or overwriting shall be valid only if they are signed or initialed by the person signing the bid. D. Submission and Opening of Bids 21. Sealing and Marking of Bids 21.1 Bidders may always submit their bids by mail or by hand. When so specified in the BDS, bidders shall have the option of submitting their bids electronically. Procedures for submission, sealing and marking are as follows: (a) Bidders submitting bids by mail or by hand shall enclose the original and each copy of the Bid, including alternative bids, if permitted in accordance with ITB 13, in separate sealed envelopes, duly marking the envelopes as ORIGINAL, ALTERNATIVE and COPY. These envelopes containing the original and the copies shall then be enclosed in one single envelope. The rest of the procedure shall be in accordance with ITB sub-Clauses 22.2 and 22.3. (b) Bidders submitting bids electronically shall follow the electronic bid submission procedures specified in the BDS.
21.2 The inner and outer envelopes shall: (a) bear the name and address of the Bidder; (b) be addressed to the Employer as provided in the BDS pursuant to ITB 22.1; (c) bear the specific identification of this bidding process indicated in accordance with ITB 1.1; and (d) bear a warning not to open before the time and date for bid opening.
21.3 If all envelopes are not sealed and marked as required, the Employer will assume no responsibility for the misplacement or premature opening of the bid. 22. Deadline for Submission of Bids 22.1 Bids must be received by the Employer at the address and no later than the date and time indicated in the BDS.
22.2 The Employer may, at its discretion, extend the deadline for the submission of bids by amending the Bidding Document in accordance with ITB 8, in which case all rights and obligations of the Employer and Bidders previously subject to the deadline Section I - Instructions to Bidders 1-19 shall thereafter be subject to the deadline as extended. 23. Late Bids 23.1 The Employer shall not consider any bid that arrives after the deadline for submission of bids, in accordance with ITB 22. Any bid received by the Employer after the deadline for submission of bids shall be declared late, rejected, and returned unopened to the Bidder. 24. Withdrawal, Substitution, and Modification of Bids 24.1 A Bidder may withdraw, substitute, or modify its bid after it has been submitted by sending a written notice, duly signed by an authorized representative, and shall include a copy of the authorization in accordance with ITB 20.2, (except that withdrawal notices do not require copies). The corresponding substitution or modification of the bid must accompany the respective written notice. All notices must be: (a) prepared and submitted in accordance with ITB 20 and ITB 21 (except that withdrawal notices do not require copies), and in addition, the respective envelopes shall be clearly marked WITHDRAWAL, SUBSTITUTION, MODIFICATION; and (b) received by the Employer prior to the deadline prescribed for submission of bids, in accordance with ITB 22.
24.2 Bids requested to be withdrawn in accordance with ITB 24.1 shall be returned unopened to the Bidders.
24.3 No bid may be withdrawn, substituted, or modified in the interval between the deadline for submission of bids and the expiration of the period of bid validity specified by the Bidder on the Letter of Bid or any extension thereof. 25. Bid Opening 25.1 The Employer shall open the bids in public at the address, date and time specified in the BDS in the presence of Bidders` designated representatives and anyone who choose to attend. Any specific electronic bid opening procedures required if electronic bidding is permitted in accordance with ITB 21.1, shall be as specified in the BDS.
25.2 First, envelopes marked WITHDRAWAL shall be opened and read out and the envelope with the corresponding bid shall not be opened, but returned to the Bidder. No bid withdrawal shall be permitted unless the corresponding withdrawal notice contains a valid authorization to request the withdrawal and is read out at bid opening. Next, envelopes marked SUBSTITUTION shall be opened and read out and exchanged with the corresponding bid being substituted, and the substituted bid shall not be opened, but returned to the Bidder. No bid substitution shall be permitted unless the corresponding substitution notice contains a valid 1-20 Section I - Instructions to Bidders authorization to request the substitution and is read out at bid opening. Envelopes marked MODIFICATION shall be opened and read out with the corresponding bid. No bid modification shall be permitted unless the corresponding modification notice contains a valid authorization to request the modification and is read out at bid opening. Only envelopes that are opened and read out at bid opening shall be considered further.
25.3 All other envelopes shall be opened one at a time, reading out: the name of the Bidder and the Bid Price(s), including any discounts and alternative bids and indicating whether there is a modification; the presence of a bid security or Bid securing Declaration, if required; and any other details as the Employer may consider appropriate. Only discounts and alternative offers read out at bid opening shall be considered for evaluation. No bid shall be rejected at bid opening except for late bids, in accordance with ITB 23.1.
25.4 The Employer shall prepare a record of the bid opening that shall include, as a minimum: the name of the Bidder and whether there is a withdrawal, substitution, or modification; the Bid Price, per contract if applicable, including any discounts and alternative offers; and the presence or absence of a bid security, if one was required. The Bidders representatives who are present shall be requested to sign the record. The omission of a Bidders signature on the record shall not invalidate the contents and effect of the record. A copy of the record shall be distributed to all Bidders. E. Evaluation and Comparison of Bids 26. Confidentiality 26.1 Information relating to the examination, evaluation, comparison, and post-qualification of bids and recommendation of contract award, shall not be disclosed to Bidders or any other persons not officially concerned with such process until information on Contract award is communicated to all Bidders.
26.2 Any attempt by a Bidder to influence the Employer in the evaluation of the bids or Contract award decisions may result in the rejection of its bid.
26.3 Notwithstanding ITB 25.2, from the time of bid opening to the time of Contract award, if any Bidder wishes to contact the Employer on any matter related to the bidding process, it may do so in writing. 27. Clarification of 27.1 To assist in the examination, evaluation, and comparison of the bids, and qualification of the Bidders, the Employer may, at its Section I - Instructions to Bidders 1-21 Bids
discretion, ask any Bidder for a clarification of its bid. Any clarification submitted by a Bidder that is not in response to a request by the Employer shall not be considered. The Employers request for clarification and the response shall be in writing. No change in the prices or substance of the bid shall be sought, offered, or permitted, except to confirm the correction of arithmetic errors discovered by the Employer in the evaluation of the bids, in accordance with ITB 31.
27.2 If a Bidder does not provide clarifications of its bid by the date and time set in the Employers request for clarification, its bid may be rejected. 28. Deviations, Reservations, and Omissions 28.1 During the evaluation of bids, the following definitions apply: (a) Deviation is a departure from the requirements specified in the Bidding Document; (b) Reservation is the setting of limiting conditions or withholding from complete acceptance of the requirements specified in the Bidding Document; and (c) Omission is the failure to submit part or all of the information or documentation required in the Bidding Document. 29. Determination of Responsiveness 29.1 The Employers determination of a bids responsiveness is to be based on the contents of the bid itself, as defined in ITB11.
29.2 A substantially responsive bid is one that meets the requirements of the Bidding Document without material deviation, reservation, or omission. A material deviation, reservation, or omission is one that, (a) if accepted, would: (i) affect in any substantial way the scope, quality, or performance of the Works specified in the Contract; or (ii) limit in any substantial way, inconsistent with the Bidding Document, the Employers rights or the Bidders obligations under the proposed Contract; or (b) if rectified, would unfairly affect the competitive position of other Bidders presenting substantially responsive bids.
29.3 The Employer shall examine the technical aspects of the bid submitted in accordance with ITB 16, Technical Proposal, in particular, to confirm that all requirements of Section 6 (Employers Requirements) have been met without any material 1-22 Section I - Instructions to Bidders deviation, reservation or omission.
29.4 If a bid is not substantially responsive to the requirements of the Bidding Document, it shall be rejected by the Employer and may not subsequently be made responsive by correction of the material deviation, reservation, or omission. 30. Nonconformities, Errors, and Omissions 30.1 Provided that a bid is substantially responsive, the Employer may waive any nonconformities in the bid.
30.2 Provided that a bid is substantially responsive, the Employer may request that the Bidder submit the necessary information or documentation, within a reasonable period of time, to rectify nonmaterial nonconformities in the bid related to documentation requirements. Requesting information or documentation on such nonconformities shall not be related to any aspect of the price of the bid. Failure of the Bidder to comply with the request may result in the rejection of its bid.
30.3 Provided that a bid is substantially responsive, the Employer shall rectify quantifiable nonmaterial nonconformities related to the Bid Price. To this effect, the Bid Price may be adjusted, for comparison purposes only, to reflect the price of a missing or non-conforming item or component. The adjustment shall be made using the methods indicated in Section III (Evaluation and Qualification Criteria). 31. Correction of Arithmetical Errors 31.1 Provided that the bid is substantially responsive, the Employer shall correct arithmetical errors on the following basis: (a) only for unit price contracts, if there is a discrepancy between the unit price and the total price that is obtained by multiplying the unit price and quantity, the unit price shall prevail and the total price shall be corrected, unless in the opinion of the Employer there is an obvious misplacement of the decimal point in the unit price, in which case the total price as quoted shall govern and the unit price shall be corrected; (b) if there is an error in a total corresponding to the addition or subtraction of subtotals, the subtotals shall prevail and the total shall be corrected; and (c) if there is a discrepancy between words and figures, the amount in words shall prevail, unless the amount expressed in words is related to an arithmetic error, in which case the amount in figures shall prevail subject to (a) and (b) above. Section I - Instructions to Bidders 1-23
31.2 If the Bidder that submitted the best-evaluated bid does not accept the correction of errors, its bid shall be declared non- responsive. 32. Conversion to Single Currency 32.1 For evaluation and comparison purposes, the currency(ies) of the bid shall be converted into a single currency as specified in the BDS. 33. Margin of Preference 33.1 A margin of preference shall not apply, unless otherwise specified in the BDS. 33.2 Domestic bidders shall provide all evidence necessary to prove that they meet the following criteria to be eligible for a 7 percent margin of preference in the comparison of their bids with those of bidders who do not qualify for the preference. They should: (a) be registered within the country of the Employers country ; (b) have majority ownership by nationals of the country of the Employers country ; (c) not subcontract more than 10 percent of the Contract Price, excluding provisional sums, to foreign contractors. 33.3 The following procedure shall be used to apply the margin of preference: (a) Responsive bids shall be classified into the following groups: (i) Group A: bids offered by domestic bidders and joint ventures meeting the criteria of ITB Sub-Clause 33.2; and (ii) Group B: all other bids. (b) For the purpose of further evaluation and comparison of bids only, an amount equal to 7 percent of the evaluated Bid prices determined in accordance with ITB Sub-Clause 33.2 shall be added to all bids classified in Group B. 34. Evaluation of Bids 34.1 The Employer shall use the criteria and methodologies listed in this Clause. No other evaluation criteria or methodologies shall be permitted.
34.2 To evaluate a bid, the Employer shall consider the following: (a) the bid price, excluding Provisional Sums and the provision, if any, for contingencies in the Summary Bill of Quantities for admeasurement contracts or Schedule of Prices for lump 1-24 Section I - Instructions to Bidders sum contracts, but including Daywork items, where priced competitively; (b) price adjustment for correction of arithmetic errors in accordance with ITB 31.1; (c) price adjustment due to discounts offered in accordance with ITB 14.3; (d) converting the amount resulting from applying (a) to (c) above, if relevant, to a single currency in accordance with ITB 32; (e) adjustment for nonconformities in accordance with ITB 30.3; (f) application of all the evaluation factors indicated in Section III (Evaluation and Qualification Criteria);
34.3 The estimated effect of the price adjustment provisions of the Conditions of Contract, applied over the period of execution of the Contract, shall not be taken into account in bid evaluation.
34.4 If this Bidding Document allows Bidders to quote separate prices for different contracts, and to award multiple contracts to a single Bidder, the methodology to determine the best-evaluated price of the contract combinations, including any discounts offered in the Letter of Bid, is specified in Section III (Evaluation and Qualification Criteria).
34.5 If the bid for an admeasurement contract, which results in the best-evaluated Bid Price, is seriously unbalanced, front loaded or substantially below updated estimates in the opinion of the Employer, the Employer may require the Bidder to produce detailed price analyses for any or all items of the Bill of Quantities, to demonstrate the internal consistency of those prices with the construction methods and schedule proposed. After evaluation of the price analyses, taking into consideration the schedule of estimated Contract payments, the Employer may require that the amount of the performance security be increased at the expense of the Bidder to a level sufficient to protect the Employer against financial loss in the event of default of the successful Bidder under the Contract. 35. Comparison of Bids 35.1 The Employer shall compare all substantially responsive bids in accordance with ITB 34.2 to determine the best-evaluated bid. 36. Qualification of the Bidder 36.1 The Employer shall determine to its satisfaction whether the Bidder that is selected as having submitted the best-evaluated and substantially responsive bid meets the qualifying criteria Section I - Instructions to Bidders 1-25 specified in Section III (Evaluation and Qualification Criteria).
36.2 The determination shall be based upon an examination of the documentary evidence of the Bidders qualifications submitted by the Bidder, pursuant to ITB 17.1.
36.3 An affirmative determination of qualification shall be a prerequisite for award of the Contract to the Bidder. A negative determination shall result in disqualification of the bid, in which event the Employer shall proceed to the next best-evaluated bid to make a similar determination of that Bidders qualifications to perform satisfactorily. 37. Employers Right to Accept Any Bid, and to Reject Any or All Bids 37.1 The Employer reserves the right to accept or reject any bid, and to annul the bidding process and reject all bids at any time prior to contract award, without thereby incurring any liability to Bidders. In case of annulment, all bids submitted and specifically, bid securities, shall be promptly returned to the Bidders. F. Award of Contract 38. Award Criteria 38.1 Subject to ITB 37.1, the Employer shall award the Contract to the Bidder whose offer has been determined to be the best- evaluated bid and is substantially responsive to the Bidding Document, provided further that the Bidder is determined to be qualified to perform the Contract satisfactorily. 39. Notification of Award 39.1 Prior to the expiration of the period of bid validity, the Employer shall notify the successful Bidder, in writing, via the Letter of Acceptance included in the Contract Forms, that its bid has been accepted. At the same time, the Employer shall also notify all other Bidders of the results of the bidding, and shall publish in UNDB online and in the dgMarketthe results identifying the bid and lot numbers and the following information: (i) name of each Bidder who submitted a Bid; (ii) bid prices as read out at Bid Opening; (iii) name and evaluated prices of each Bid that was evaluated; (iv) name of bidders whose bids were rejected and the reasons for their rejection; and (v) name of the winning Bidder, and the Price it offered, as well as the duration and summary scope of the contract awarded.
39.2 Until a formal contract is prepared and executed, the notification of award shall constitute a binding Contract.
39.3 The Employer shall promptly respond in writing to any unsuccessful Bidder who, after notification of award in 1-26 Section I - Instructions to Bidders accordance with ITB 39.1, requests in writing the grounds on which its bid was not selected. 40. Signing of Contract 40.1 Promptly upon notification, the Employer shall send the successful Bidder the Contract Agreement.
40.2 Within twenty-eight (28) days of receipt of the Contract Agreement, the successful Bidder shall sign, date, and return it to the Employer. 41. Performance Security 41.1 Within twenty-eight (28) days of the receipt of notification of award from the Employer, the successful Bidder shall furnish the performance security in accordance with the conditions of contract, subject to ITB 34.5, using for that purpose the Performance Security Form included in Section IX (Contract Forms), or another form acceptable to the Employer. If the performance security furnished by the successful Bidder is in the form of a bond, it shall be issued by a bonding or insurance company that has been determined by the successful Bidder to be acceptable to the Employer. A foreign institution providing a bond shall have a correspondent financial institutionlocated in the Employers Country.
41.2 Failure of the successful Bidder to submit the above-mentioned Performance Security or to sign the Contract Agreement shall constitute sufficient grounds for the annulment of the award and forfeiture of the bid security. In that event the Employer may award the Contract to the next best-evaluated Bidder whose offer is substantially responsive and is determined by the Employer to be qualified to perform the Contract satisfactorily.
41.3 The above provision shall also apply to the furnishing of a domestic preference security if so required. 42. Adjudicator 42.1 The Employer proposes the person named in the BDS to be appointed as Adjudicator under the Contract, at the hourly fee specified in the BDS, plus reimbursable expenses. If the Bidder disagrees with this proposal, the Bidder should so state in his Bid. If, in the Letter of Acceptance, the Employer does not agree on the appointment of the Adjudicator, the Employer will request the Appointing Authority designated in the Particular Conditions of Contract (PCC) pursuant to Clause 23.1 of the General Conditions of Contract (GCC), to appoint the Adjudicator.
1-27
Section II - Bid Data Sheet (BDS) A. Introduction ITB 1.1
The Employer is: The Road Development Agency, Corner of Fairley/Government Road, P.O. Box 50003, Lusaka.
ITB 1.1
The name of the bidding process is: The Construction and Upgrading to Bituminous Standard and Re-alignment of approximately 78 km of RD54 Road from Chief Mukungules area(Mwaleshi river) to Lufila Kakoko Kalalantekwe in Muchinga Province of Zambia- Lot 2: Km 0+000 (Mwaleshi River) To Km 78+000 (RD54/T002 Junction) at Kalalantekwe The identification number of the bidding process is: RDA/CE/021/14 The number and identification of lots comprising this bidding process is: N/A ITB 2.1 The Employer is: The Road Development Agency ITB 2.1 The name of the Project is: The Construction and Upgrading to Bituminous Standard and Re-alignment of approximately 78 km of RD54 Road from Chief Mukungules area(Mwaleshi river) to Lufila Kakoko Kalalantekwe in Muchinga Province of Zambia- Lot 2: Km 0+000 (Mwaleshi River) To Km 78+000 (RD54/T002 Junction) at Kalalantekwe ITB 4.1(a) The individuals or firms in a JV shall be jointly and severally liable. ITB 4.2 The tender is open to firms that are registered in Zambia as contractors of road works with the National Council for Construction (NCC) in Category R, Grades 1 and 2.
B. Bidding Documents ITB 7.1 For clarification purposes only, the Employers address is: Attention: The Director Procurement Street Address: Road Development Agency - HQ 1-28 Section II - Bid Data Sheet Corner of Government/Fairley Road P.O. Box 50003 City: Lusaka Country: Zambia Telephone:+260-211-253088/254838/253781 Facsimile number: +260-211-253404/251420 Electronic mail address: kshisholeka@roads.gov.zm Requests for clarification should be received by the Employer no later than: 14 days before the closing date. ITB 7.4 A site visit conducted by the Employer shall be organized on: Date: Friday 20 th June 2014 Time: 09:00 hours local time Place: Office of the Regional Manager RDA Regional Offices, Muchinga Region
A Pre-Bid meeting shall take place on the same day as follows: Date: Friday 20 th June 2014 Time: 14:30 hours local time Place: Office of the Regional Manager RDA Regional Offices, Muchinga Region and
C. Preparation of Bids ITB 10.1 The language of the bid is: ENGLI SH ITB 11.1 (b) The following schedules shall be submitted with the bid: Priced Bill of Quantities; Quality Assurance Plan; Risk Management Plan; and Work Plan and Method Statement and Site Organization. Section II - Bid Data Sheet 1-29 ITB 11.1 (i) The Bidder shall submit with its bid the following additional documents: A proposal to subcontract a mandatory 20% of the Contract Price to be carried out by Zambian Citizen-Owned construction companies, showing which works shall be subcontracted. ITB 13.1 Alternative bids SHALL NOT BE permitted. ITB 13.2 Alternative times for completion SHALL BE permitted. If alternative times for completion are permitted, the evaluation method will be as specified in Section III (Evaluation and Qualification Criteria). ITB 13.4 Alternative technical solutions shall be permitted for the following parts of the Works: NOT APPLI CABLE If alternative technical solutions are permitted, the evaluation method will be as specified in Section III (Evaluation and Qualification Criteria). ITB 14.6 The prices quoted by the Bidder shall be subject to adjustment during the performance of the Contract after the 18 th month. ITB 15.1 The prices shall be quoted by the bidder in: Zambian Kwacha ITB 18.1 The Bid shall be valid for 150 days after the date of bid closing. ITB 19.1
Bid shall include a Bid Security or a by a surety using the form for bid security (Bank guarantee or bid bond) included in Section XI Security Forms. The bids, accompanied by a bid security of not less than 2%or equivalent in any freely convertible currency at the prevailing exchange rate and valid for 28 days beyond the date of bid validity. ITB 19.3 (d) N/A ITB 20.1 In addition to the original of the bid, the number of copies is: four (4) Bidders shall also submit an electronic copy of their bid in pdf format on a CD-ROM (1 copy), in addition to the hardcopies. ITB 20.2 The written confirmation of authorization to sign on behalf of the Bidder shall be:a Power of Attorney In the case of Bids submitted by an existing or intended JV an undertaking 1-30 Section II - Bid Data Sheet signed by all parties (i) stating that all parties shall be jointly and severally liable,and (ii) nominating a Representative who shall have the authority to conduct all business for and on behalf all the parties of the JV during the bidding process and, in the event the JV is awarded the Contract, during contract execution shall also be submitted.
D. Submission and Opening of Bids ITB 21.1 NOT APPLI CABLE ITB 21.1 (b) If bidders shall have the option of submitting their bids electronically, the electronic bidding submission procedures shall be: NONE ITB 22.1 For bid submission purposes only, the Employers address is:
ROAD DEVELOPMENT AGENCY, P.O. BOX 50003, LUSAKA, PLOT 33, GOVERNMENT/FAIRLEY ROADS, RIDGEWAY number: +260-211-253088 City: LUSAKA ZAMBIA The deadline for bid submission is: Date: Friday 18 th July 2014 Time: 14:30 Hours Local Time ITB 25.1 The bid opening shall take place at:
The Main Conference Room ROAD DEVELOPMENT AGENCY, P.O. BOX 50003, LUSAKA, PLOT 33, GOVERNMENT/FAIRLEY ROADS, RIDGEWAY, LUSAKA City: LUSAKA ZAMBIA Date: Friday 18 th July 2014 Time: 14:30 Hours Local Time. ITB 25.1 If electronic bid submission is permitted in accordance with ITB 21.1, the specific bid opening procedures shall be: NOT PERMI TTED Section II - Bid Data Sheet 1-31
E. Evaluation and Comparison of Bids ITB 32.1
NOT APPLI CABLE ITB 33.1 A margin of preference shall apply in accordance with The Citizen Economic Empowerment (Preferential Procurement) Regulations, 2011 as follows: (a) Citizen-influenced Company -4% margin of preference (b) Citizen-empowered Company -8% margin of preference (c) Citizen-owned Company -12% margin of preference Application: The applicable margin of preference shall be applied by way of a discount to the corrected bid sums offered by citizen bidders, for evaluation purposes only. ITB41.1 The Standard Form of Performance Security acceptable to the Employer shall be an Unconditional Bank Guarantee. Performance Bonds from Insurance companies shall not be accepted.
The Bank Guarantee shall be unconditional (on demand) (see Section X: Security Forms) and shall be in an amount not less than 10 % of the Contract Price. ITB 42.1 The Adjudicator proposed by the Employer is a person to be nominated by the Zambia Association of Arbitrators. The hourly fee for this proposed Adjudicator shall be ZMW 350.00. The Appointing Authority is The Engineering Institution of Zambia
1-33 Section III Evaluation and Qualification Criteria
This section contains all the criteria that the Employer shall use to evaluate bids and qualify Bidders if the bidding was not preceded by a prequalification exercise and post qualification is applied. In accordance with ITB 34 and ITB 36, no other methods, criteria and factors shall be used. The Bidder shall provide all the information requested in the forms included in Section 4 (Bidding Forms).
1-34 Section III - Evaluation and Qualification Criteria
2 Evaluation In addition to the criteria listed in ITB 34.2 (a) the following criteria shall apply under ITB 34.2 (f): a. Bidders will also be assessed through the provisions of the Consultants and Contractors Vendor Rating System RDA Policy & Procedure Manual, J anuary 2013. b. Contractors with a current Past Performance Rating of less than 60% shall not be considered for award of contract. c. Contractors without current Past Performance Ratings will be assessed prior to award of contract through a strict due diligence exercise conducted on the two (2) most recent projects completed using the Consultants and Contractors Vendor Rating System RDA Policy & Procedure Manual, January 2013 and shall achieve at least 60%. 3 Adequacy of Technical Proposal Evaluation of the Bidders Technical Proposal will include an assessment of the Bidders technical capacity to mobilize key equipment and personnel for the contract consistent with its proposal regarding work methods, scheduling, and material sourcing in sufficient detail and fully in accordance with the requirements stipulated in Section VI(Employers Requirements). 4 Multiple Contracts Pursuant to Sub-Clause 34.4 of the Instructions to Bidders, if Works are grouped in multiple contracts, evaluation will be as follows: 5 Completion Time An alternative Completion Time, if permitted under ITB 13.2, will be evaluated as follows: a. 2% of the bid sum shall be added for each additional month beyond the expected Completion Time stipulated, for evaluation purposes only. 1.4 Technical Alternatives Technical alternatives, if permitted under ITB 13.4, will be evaluated as follows: 1.5 Margin of Preference [Applicable for ONB only] If a margin of preference shall apply under ITB 33.1, the procedure will be as follows as:
1-35 2. Qualification Factor 2.1 Eligibility Sub-Factor Criteria Documentation Required Requirement Bidder Single Entity Joint Venture, Consortium or Association All partners combined Each partner At least one partner 2.1.1 Nationality Nationality in accordance with ITB 4.2. Must meet requirement Existing or intended JV must meet requirement Must meet requirement N / A Form ELI 1.1 and 1.2, with attachments 2.1.2 Conflict of Interest No- conflicts of interests as described in ITB 4.3. Must meet requirement Existing or intended JV must meet requirement Must meet requirement N / A Letter of Bid 2.1.3 Ineligibility Not having been declared ineligible by ZPPA as described in ITB 4.4. Must meet requirement Existing JV must meet requirement Must meet requirement N / A Letter of Bid 2.1.4 Government Owned Entity Compliance with conditions of ITB 4.5 Must meet requirement Must meet requirement Must meet requirement N / A Form ELI 1.1 and 1.2, with attachments 2.1.5 Ineligibility based on a United Nations resolution or Zambian law Not having been excluded as a result of the laws of Zambia or official regulations, or by an act of compliance with UN Security Council resolution, in accordance with ITB 4.8 Must meet requirement Existing JV must meet requirement Must meet requirement N / A Letter of Bidder 2.1.6 NCC Registration Registration with NCC in accordance with ITB 4.2 Must meet requirement Existing JV must meet requirement Must meet requirement N / A Certificate of Registration
1-36
Factor 2.2 Historical Contract Non-Performance Sub-Factor Criteria Documentation Required Requirement Bidder Single Entity Joint Venture, Consortium or Association All partners combined Each partner At least one partner 2.2.1 History of non- performing contracts Non-performance of a contract did not occur within the last three (3) years prior to the deadline for application submission, based on all information on fully settled disputes or litigation. A fully settled dispute or litigation is one that has been resolved in accordance with the Dispute Resolution Mechanism under the respective contract, and where all appeal instances available to the bidder have been exhausted. Must meet requirement by itself or as partner to past or existing JVA N / A
Must meet requirement by itself or as partner to past or existing JVA N / A Form CON - 2 2.2.2 Pending Litigation All pending litigation shall in total not represent more than fifteen percent (15%) of the Bidders net worth and shall be treated as resolved against the Bidder. Must meet requirement by itself or as partner to past or existing JVA N / A Must meet requirement by itself or as partner to past or existing JVA N / A Form CON 2 1-37 Factor 2.3 Financial Situation Sub-Factor Criteria Documentation Required Requirement Bidder Single Entity Joint Venture, Consortium or Association All partners combined Each partner At least one partner 2.3.1 Historical Financial Performance Non-performance of a contract did not occur within the last three (3) years prior to the deadline for application submission, based on all information on fully settled disputes or litigation. A fully settled dispute or litigation is one that has been resolved in accordance with the Dispute Resolution Mechanism under the respective contract, and where all appeal instances available to the bidder have been exhausted. Must meet requirement by itself or as partner to past or existing JVA N / A
Must meet requirement by itself or as partner to past or existing JVA N / A Form FIN 3.1 with attachments 2.3.2. Average Annual Turnover
Minimum average annual construction turn over in the range of fifteen ZMW15 Million to ZMW25 Million calculated as total certified payments received for contracts in progress or completed, within the last five (5no) years Must meet requirement Must meet requirement Must meet Fifty percent (50%) of the requirement Must meet Eighty percent (78%) of the requirement Form FIN 3.2 1-38 Section III - Evaluation and Qualification Criteria
Factor 2.3 Financial Situation Sub-Factor Criteria Documentation Required Requirement Bidder Single Entity Joint Venture, Consortium or Association All partners combined Each partner At least one partner 2.3.3. Financial Resources
Submission of audited balance sheets for the last five (5no) years to demonstrate: (a) the current soundness of the applicants financial position and its prospective long term profitability, and (The Bidder must demonstrate access to, or availability of, financial resources such as liquid assets, unencumbered real assets, lines of credit, and other financial means, other than any contractual advance payments to meet: (i) the following cash-flow requirement: Twenty Million Zambian Kwacha, and (ii) the overall cash flow requirements for this contract and its current commitments. Must meet requirement Must meet requirement Must meet Fifty percent (50%) of the requirement
Must meet Eighty percent (78%) of the requirement
Form FIN 3.3 1-39 Factor 2.4 Experience Sub-Factor Criteria Documentation Required Requirement Bidder Single Entity J oint Venture, Consortiumor Association All partners combined Each partner At least one partner 2.4.1 General Experience Experience under contracts in the role of contractor, subcontractor, or management contractor for at least the last three (3) years prior to the applications submission deadline, and with activity in at least nine (9) months in each year. Must meet requirement
N / A Must meet requirement
N / A Form EXP-4.1 2.4.2 Specific Experience (a Experience under construction contracts in the role of contractor, subcontractor, or management contractor for at least the last ten (10no) years prior to the applications submission deadline, and the activity in at least nine (9) months in each year. Section VI, Employers Requirements. Must meet requirement Must meet requirements for all characteristics Must meet requirement N/A Form EXP 2.4.2(a)
1-40 Section III - Evaluation and Qualification Criteria
Factor 2.4 Experience Sub-Factor Criteria Documentation Required Requirement Bidder Single Entity J oint Venture, Consortiumor Association All partners combined Each partner At least one partner 2.4.2 Specific Experience b) For the above or other contracts executed during the period stipulated in 2.4.2(a) above, a minimum experience in the following key activities: 1. Excavations, Grading and other Earth Works 2. Pavement Seals- Double Surface Dressing 3. Reinforced Concrete works 4. Bridge Construction 5. Speed/Warning Road Signage and Publicity Signboards Must meet requirements
Must meet requirements N / A Must meet requirements
Form EXP-2.4.2(b)
Section III - Evaluation and Qualification Criteria 1-41 1-41
Personnel
Qualifications and experience of the following key site management and technical personnel proposed for the Contract are required:
1. Contract Manager
He/she shall be responsible for all contract management, planning, scheduling, site organization, quality assurance and related duties.
Minimum Qualification: He/She shall have a Bachelors degree in Civil/Highway Engineering, with ten (10) years professional experience of which at least eight (08) years experience as contract Manager on similar works; and He/She shall be a registered member of EIZ and registered to practice by the Engineers Registration Board (E.R.B).
2. Site Engineer/Agent
He/She shall be responsible for all technical aspects of the project implementation, measurement, quality controls and documentation.
Minimum Qualification:
He/She shall have a Bachelors degree in Civil /Highway Engineering with ten (10) years experience on road and bridge construction projects of which five (05) years on similar projects; and He/She shall be a registered member of EIZ and registered to practice by the Engineers Registration Board (E.R.B). 3. Materials Engineer He/She shall be responsible for all aspects of quality controls including sampling/testing and certifying the quality control (QC) for the works and maintaining proper records.
Minimum Qualification:
He/She shall have Bachelors degree Civil/Highway Engineering with eight (8) years experience on road and bridge construction projects of which 5 years on similar projects. He/She shall be a registered member of a recognized professional body (EIZ) and registered to practice by an appropriate body such as the Engineers Registration Board (E.R.B). 1-42 Section 3 - Evaluation and Qualification Criteria
4. Surveyor
He/She shall be responsible for laying out alignment and providing /monitoring all levels and tolerance during periodic maintenance works.
Minimum Qualification:
He/She shall have a Bachelors Degree in Geomatic/Civil Engineering with ten (10) years work experience including specific experience as surveyor on periodic maintenance projects with 8 years experience; and He/She shall be a registered member of a recognized professional body (EIZ) and registered to practice by an appropriate body such as the Surveyors Institute of Zambia (SIZ).
5. Earthworks foreman
He/She shall be responsible for construction of embankment fill, pavement layers, compaction control and base stabilization control.
Minimum Qualification: Diploma in civil engineering with 8 years work experience as roadwork foreman on roads, dam and/or bridge project MUST be registered with EIZ
6. Sealing Foreman
He/She shall be responsible for directing and supervising all chip seal operations.
Minimum Qualifications
Diploma in civil engineering with 8 years work experience as sealing foreman on roads, dam and/or bridge project He/She shall have eight (08) years experience as sealing foreman on road projects MUST be registered with EIZ
7. Laboratory Supervisor
He/She shall be responsible for carrying out all laboratory testing and on-site sampling and testing of materials and works.
Minimum Qualifications
He/She shall have a Diploma and eight (08) years experience with concrete and soil testing Must be a registered with the Engineering Institute of Zambia (EIZ)
Section III - Evaluation and Qualification Criteria 1-43 1-43
All bidders shall provide details of the proposed key personnel and their experience records in the relevant qualification information forms included in section IV. No. Position Total Work Similar Experience (years) In Similar Works Experience (years) 1 Contract Manager 10 08 3 Site Engineer/Agent 10 05 4 Materials Engineer 08 05 5 Surveyor 10 08 6 Earth works Foreman 08 08 7 Sealing Foreman 08 08 8 Laboratory Supervisor 08 08
Equipment The minimum number of essential equipment to be made available for the Contract by the successful Bidder shall be:
No. Equipment Type and Characteristics Minimum Number required 1 Crushing and screen plant - Min. 300 t.p.h. with 4 product screening 1 2 Calibrated weighbridge (60 Ton Capacity) 1 3 400 KVA generator 1 4 Tipper Trucks (15 m3) 15 5 Water bowser (13 000 litres) 3 6 Bulldozers 3 7 Motorized graders (Cat140H or equivalent) 3 8 steel drum vibrating rollers with 10 to 20 ton capacity 4 9 Sheep foot/grid roller (10 to 20 Ton capacity. 2 10 Pneumatic rollers (20t) 2 11 Pedestrian rollers 2 12 Plate compactors 4 13 Front-end loader with 2 to 3 m capacity 2 14 Excavators (Cat 320 or equivalent.) 2 15 T.L.B (tractor, loader, backhoe) 48Kw capacity 2 16 Bitumen distributor (9 to 12 K1 Bear cat or equivalent) 1 18 Chip spreader Self propelled 2 19 Rotary brooms with Tow Tractor or Self Propelled 2 20 Reclaimer (In-situ recycler) 1 21 Air compressor 1 22 Poker Concrete Vibrators 4 1-44 Section 3 - Evaluation and Qualification Criteria
No. Equipment Type and Characteristics Minimum Number required 23 Concrete mixers (400Litre, 8Hp) 2 24 Low Bed 1 25 concrete dumpers (0.5m3 capacity) 2 26 50 KVA generator 1 27 water pumps (3minimum) & accessories 4
And any other essential equipment that the bidder may identify which is essential for the successful execution of the project. The Client notes that NOT all above-listed equipment shall be required at the beginning of the project, but the requisite equipment at every stage of the project should be made available as and when required.
1-45 Section IV - Bidding Forms
Table of Forms
Letter of Bid........................................................................................................................ 1-46 Schedules ............................................................................................................................. 1-48 Bill of Quantities/ Schedules of Prices ............................................................................. 1-48 Table(s) of Adjustment Data ............................................................................................. 1-49 Form of Bid Security (Bank Guarantee) ......................................................................... 1-50 Form ofBid Security (Bid Bond) ....................................................................................... 1-51 Form of Bid-Securing Declaration ................................................................................... 1-52 Technical Proposal ............................................................................................................. 1-53 Technical Proposal Forms ................................................................................................. 1-53 Forms for Personnel .......................................................................................................... 1-54 Forms for Equipment ........................................................................................................ 1-56 Bidders Qualification ....................................................................................................... 1-57 Bidder Information Sheet .................................................................................................. 1-58 Party to JV Information Sheet ........................................................................................... 1-59 Historical Contract Non-Performance .............................................................................. 1-60 Current Contract Commitments / Works in Progress ....................................................... 1-61 Financial Situation ............................................................................................................ 1-62 Average Annual Turnover ................................................................................................ 1-64 Financial Resources .......................................................................................................... 1-65 General Experience ........................................................................................................... 1-66 Specific Experience ........................................................................................................... 1-67 Specific Experience in Key Activities .............................................................................. 1-69
1-46 Section IV - Bidding Forms
Letter of Bid The Bidder must prepare the Letter of Bid on stationery with its letterhead clearly showing the Bidders complete name and address.
Note: All italicized text is for use in preparing these form and shall be deleted from the final products.
Date: _______________ Bidding No.: _______________ Invitation for Bid No.: _______________
To:
We, the undersigned, declare that:
(a) We have examined and have no reservations to the Bidding Documents, including Addenda issued in accordance with Instructions to Bidders (ITB) Clause 8; (b) We offer to execute in conformity with the Bidding Documents the following Works: ____________________________________________________________________; (c) The total price of our Bid, excluding any discounts offered in item (d) below is: ___________________________; (d) The discounts offered and the methodology for their application are: _____________; (e) Our bid shall be valid for a period of ________ [insert validity period as specified in ITB 18.1.] days from the date fixed for the bid submission deadline in accordance with the Bidding Documents, and it shall remain binding upon us and may be accepted at any time before the expiration of that period; (f) If price adjustment provisions apply, the Table(s) of Adjustment Data shall be considered part of this Bid; 6
(g) If our bid is accepted, we commit to obtain a performance security in accordance with the Bidding Document; (h) Our firm, including any subcontractors or suppliers for any part of the Contract, have nationalities from eligible countries; (i) We, including any subcontractors or suppliers for any part of the contract, do not have any conflict of interest in accordance with ITB 4.3;
6 Include if price adjustment provisions apply in the Contract in accordance with PCC Sub-Clause 13.8 Adjustments for Changes in Cost. Section IV - Bidding Forms 1-47
(j) We are not participating, as a Bidder or as a subcontractor, in more than one bid in this bidding process in accordance with ITB 4.3, other than alternative offers submitted in accordance with ITB 13; (k) Our firm, its affiliates or subsidiaries, including any Subcontractors or Suppliers for any part of the contract, has not been declared ineligible by ZPPA or by an act of compliance with a decision of the United Nations Security Council; (l) We are not a government owned entity / We are a government owned entity but meet the requirements of ITB 4.5; 7
(m) We have paid, or will pay the following commissions, gratuities, or fees with respect to the bidding process or execution of the Contract: 8
Name of Recipient Address Reason Amount
(n) We understand that this bid, together with your written acceptance thereof included in your notification of award, shall constitute a binding contract between us, until a formal contract is prepared and executed; (o) We understand that you are not bound to accept the best-evaluated bid or any other bid that you may receive; and (p) If awarded the contract, the person named below shall act as Contractors Representative: ________________________________________________________
Name:
In the capacity of:
Signed:
Duly authorized to sign the Bid for and on behalf of:
Date:
7 Use one of the two options as appropriate. 8 If none has been paid or is to be paid, indicate none. 1-48 Section IV - Bidding Forms
Schedules Bill of Quantities/ Schedules of Prices Schedule of Payment Currencies
For ...........................insert name of Section of the Works
Separate tables may be required if the various sections of the Works (or of the Bill of Quantities) will have substantially different foreign and local currency requirements. The Employer should insert the names of each Section of the Works.
A B C D Name of Payment Currency Amount of Currency Rate of Exchange to Local Currency Local Currency Equivalent C = A x B Percentage of Net Bid Price (NBP) 100xC NBP Local currency
1.00
Foreign Currency #1
Foreign Currency #2
Foreign Currency #3
Net Bid Price
100.00 Provisional Sums Expressed in Local Currency 1.00
BID PRICE
Section IV - Bidding Forms 1-49
Table(s) of Adjustment Data
Table A - Local Currency Index Code Index Description Source of Index Base Value and Date Bidders Local Currency Amount Bidders Proposed Weighting Nonadjustable A: B: C: D: E: Total 1.00
Table B - Foreign Currency Name of Currency: _______________
If the Bidder wishes to quote in more than one foreign currency, this table should be repeated for each foreign currency.
Index Code Index Description Source of Index Base Value and Date Bidders Currency in Type/Amount Equivalent in FC1 Bidders Proposed Weighting Nonadjustable A: B: C: D: E: Total 1.00
1-50 Section IV - Bidding Forms
Form of Bid Security (Bank Guarantee)
__________________________ [Banks Name, and Address of Issuing Branch or Office] Beneficiary: __________________________ [Name and Address of Employer] Date: __________________________ BID GUARANTEE No.: __________________________ We have been informed that __________________________ [name of the Bidder] (hereinafter called "the Bidder") has submitted to you its bid dated ___________ (hereinafter called "the Bid") for the execution of ________________ [name of contract] under Invitation for Bids No. ___________ (the IFB). Furthermore, we understand that, according to your conditions, bids must be supported by a bid guarantee. At the request of the Bidder, we ____________________ [name of Bank] hereby irrevocably undertake to pay you any sum or sums not exceeding in total an amount of ___________ [amount in figures] (____________) [amount in words] upon receipt by us of your first demand in writing accompanied by a written statement stating that the Bidder is in breach of its obligation(s) under the bid conditions, because the Bidder: (a) has withdrawn its Bid during the period of bid validity specified by the Bidder in the Form of Bid; or (b) having been notified of the acceptance of its Bid by the Employer during the period of bid validity, (i) fails or refuses to execute the Contract Form, if required, or (ii) fails or refuses to furnish the performance security, in accordance with the ITB. This guarantee will expire: (a) if the Bidder is the successful Bidder, upon our receipt of copies of the contract signed by the Bidder and the performance security issued to you upon the instruction of the Bidder; and (b) if the Bidder is not the successful Bidder, upon the earlier of (i) our receipt of a copy your notification to the Bidder of the name of the successful Bidder; or (ii) twenty-eight days after the expiration of the Bidders bid. Consequently, any demand for payment under this guarantee must be received by us at the office on or before that date. This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No. 458. _____________________________ [signature(s)] Section IV - Bidding Forms 1-51
Form of Bid Security (Bid Bond) BOND NO. ______________________ BY THIS BOND [name of Bidder] as Principal (hereinafter called the Principal), and [name, legal title, and address of surety],authorized to transact business in [name of country of Employer], as Surety (hereinafter called the Surety), are held and firmly bound unto [name of Employer] as Obligee (hereinafter called the Employer) in the sum of [amount of Bond] 9 [amount in words], for the payment of which sum, well and truly to be made, we, the said Principal and Surety, bind ourselves, our successors and assigns, jointly and severally, firmly by these presents. WHEREAS the Principal has submitted a written Bid to the Employer dated the ___ day of ______, 20__, for the construction of [name of Contract] (hereinafter called the Bid). NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the Principal: (a) withdraws its Bid during the period of bid validity specified in the Form of Bid; or (b) having been notified of the acceptance of its Bid by the Employer during the period of Bid validity; (i) fails or refuses to execute the Contract Form, if required; or (ii) fails or refuses to furnish the Performance Security in accordance with the Instructions to Bidders; then the Surety undertakes to immediately pay to the Employer up to the above amount upon receipt of the Employers first written demand, without the Employer having to substantiate its demand, provided that in its demand the Employer shall state that the demand arises from the occurrence of any of the above events, specifying which event(s) has occurred. The Surety hereby agrees that its obligation will remain in full force and effect up to and including the date 28 days after the date of expiration of the Bid validity as stated in the Invitation to Bid or extended by the Employer at any time prior to this date, notice of which extension(s) to the Surety being hereby waived. IN TESTIMONY WHEREOF, the Principal and the Surety have caused these presents to be executed in their respective names this ____ day of ____________ 20__. Principal: _______________________ Surety: _____________________________ Corporate Seal (where appropriate) _______________________________ ____________________________________ (Signature) (Signature) (Printed name and title) (Printed name and title)
9 The amount of the Bond shall be denominated in the currency of the Employers country or the equivalent amount in a freely convertible currency. 1-52 Section IV - Bidding Forms
Form of Bid-Securing Declaration
Date: [insert date (as day, month and year)] Bid No.: [insert number of bidding process] Alternative No.: [insert identification No if this is a Bid for an alternative]
To: [insert complete name of Employer] We, the undersigned, declare that: We understand that, according to your conditions, bids must be supported by a Bid-Securing Declaration. We accept that we will automatically be suspended from being eligible for bidding in any contract with Government for the period of time of [insert number of months or years] starting on [insert date], 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 in the Letter of Bid; or (b) having been notified of the acceptance of our Bid by the Employer 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 ITB. We understand this Bid-Securing Declaration shall expire if we are not the successful Bidder, upon the earlier of (i) our receipt of your notification to us of the name of the successful Bidder; or (ii) twenty-eight days after the expiration of our Bid. 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] Corporate Seal (where appropriate) [Note: In case of a Joint Venture, the Bid-Securing Declaration must be in the name of all partners to the Joint Venture that submits the bid.]
Section IV - Bidding Forms 1-53
Technical Proposal Technical Proposal Forms
Personnel
Equipment
Site Organization
Method Statement
Mobilization Schedule
Construction Schedule
Others 1-54 Section IV - Bidding Forms
Forms for Personnel
Form PER 1: Proposed Personnel
Bidders should provide the names of suitably qualified personnel to meet the specified requirements for each of the positions listed in Section III (Evaluation and Qualification Criteria). The data on their experience should be supplied using the Form below for each candidate.
1. Title of position Name 2. Title of position Name 3. Title of position Name 4. Title of position Name 5. Title of position Name 6. Title of position Name etc. Title of position Name
Section IV - Bidding Forms 1-55
Form PER 2: Resume of Proposed Personnel
The Bidder shall provide all the information requested below. Fields with asterix (*) shall be used for evaluation.
Position*
Personnel information Name *
Date of birth Professional qualifications
Present employment Name of Employer
Address of Employer
Telephone
Contact (manager / personnel officer) Fax
E-mail Job title
Years with present Employer
Summarize professional experience in reverse chronological order. Indicate particular technical and managerial experience relevant to the project.
From* To* Company, Project , Position, and Relevant Technical and Management Experience*
1-56 Section IV - Bidding Forms
Forms for Equipment The Bidder shall provide adequate information to demonstrate clearly that it has the capability to meet the requirements for the key equipment listed in Section III (Evaluation and Qualification Criteria). A separate Form shall be prepared for each item of equipment listed, or for alternative equipment proposed by the Bidder. The Bidder shall provide all the information requested below, to the extent possible. Fields with asterisk (*) shall be used for evaluation.
Type of Equipment*
Equipment Information Name of manufacturer
Model and power rating Capacity*
Year of manufacture* Current Status Current location
Details of current commitments
Source Indicate source of the equipment Owned Rented Leased Specially manufactured
The following information shall be provided only for equipment not owned by the Bidder.
Owner Name of owner
Address of owner
Telephone
Contact name and title Fax
Telex Agreements Details of rental / lease / manufacture agreements specific to the project
Section IV - Bidding Forms 1-57
Bidders Qualification To establish its qualifications to perform the contract in accordance with Section III (Evaluation and Qualification Criteria) the Bidder shall provide the information requested in the corresponding Information Sheets included hereunder
1-58 Section IV - Bidding Forms
Form ELI 1.1 Bidder Information Sheet Date: ______________________ Bidding No.: ________________ Invitation for Bid No.: ________ Page ________ of _______ pages
1. Bidders Legal Name
2. In case of JV, legal name of each party:
3. Bidders actual or intended Country of Registration: 4. Bidders Year of Registration: 5. Bidders Legal Address in Country of Registration:
7. Attached are copies of original documents of: Articles of Incorporation or Registration of firm named in 1, above, in accordance with ITB Sub-Clauses 4.1 and 4.2. In case of JV, letter of intent to form JV including a draft agreement, or JV agreement, in accordance with ITB Sub-Clauses 4.1 In case of government owned entity from the Employers country, documents establishing legal and financial autonomy and compliance with the principles of commercial law, in accordance with ITB Sub-Clause 4.5.
2. JVs Party legal name: 3. JVs Party Country of Registration: 4. JVs Party Year of Registration:
5. JVs Party Legal Address in Country of Registration:
6. JVs Party Authorized Representative Information Name: Address: Telephone/Fax numbers: Email Address:
7. Attached are copies of original documents of: Articles of Incorporation or Registration of firm named in 1, above, in accordance with ITB Sub-Clauses 4.1 and 4.2. In case of government owned entity from the Purchasers country, documents establishing legal and financial autonomy and compliance with the principles of commercial law, in accordance with ITB Sub-Clause 4.5.
Non-Performing Contracts in accordance with (Evaluation and Qualification Criteria) Contract non-performance did not occur during the stipulated period, in accordance with Sub-Factor 2.2.1 of Section III (Evaluation and Qualification Criteria) Contract non-performance during the stipulated period, in accordance with Sub-Factor 2.2.1 of Section III(Evaluation and Qualification Criteria).
Year Outcome as Percent of Total Assets
Contract Identification
Total Contract Amount (current value, US$ equivalent)
______
______ Contract Identification: Name of Employer: Address of Employer: Matter in dispute:
___________
Pending Litigation, in accordance with Section III (Evaluation and Qualification Criteria) No pending litigation in accordance with Sub-Factor 2.2.2 of Section III(Evaluation and Qualification Criteria) Pending litigation in accordance with Sub-Factor 2.2.2 of Section III(Evaluation and Qualification Criteria), as indicated below Year Outcome as Percent of Total Assets
Contract Identification
Total Contract Amount (current value, US$ equivalent)
______
______ Contract Identification: Name of Employer: Address of Employer: Matter in dispute:
___________
______
______ Contract Identification: Name of Employer: Address of Employer: Matter in dispute:
___________
Section IV - Bidding Forms 1-61
Form CCC Current Contract Commitments / Works in Progress
Bidders and each partner to a JV should provide information on their current commitments on all contracts that have been awarded, or for which a letter of intent or acceptance has been received, or for contracts approaching completion, but for which an unqualified, full completion certificate has yet to be issued.
Name of contract Employer, contact address/tel/fax Value of outstanding work (current US$ equivalent) Estimated completion date Average monthly invoicing over last six months (US$/month) 1.
To be completed by the Bidder and, if JV, by each partner
Financial information in US$ equivalent Historic information for previous ______ (__) years (US$ equivalent in 000s) Year 1 Year 2 Year 3 Year Year n Avg. Avg. Ratio Information from Balance Sheet Total Assets (TA)
Total Liabilities (TL)
Net Worth (NW)
Current Assets (CA)
Current Liabilities (CL)
Information from Income Statement Total Revenue (TR)
Profits Before Taxes (PBT)
Section IV - Bidding Forms 1-63
Attached are copies of financial statements (balance sheets, including all related notes, and income statements) for the years required above complying with the following conditions: Must reflect the financial situation of the Bidder or partner to a JV, and not sister or parent companies Historic financial statements must be audited by a certified accountant Historic financial statements must be complete, including all notes to the financial statements Historic financial statements must correspond to accounting periods already completed and audited (no statements for partial periods shall be requested or accepted)
_________________________________________ ____________________ *Average Annual Construction Turnover _________________________________________ ____________________
*Average annual turnover calculated as total certified payments received for work in progress or completed over the number of years specified in Section III(Evaluation and Qualification Criteria), Sub-Factor 2.3.2, divided by that same number of years.
Section IV - Bidding Forms 1-65
Form FIN3.3 Financial Resources
Specify proposed sources of financing, such as liquid assets, unencumbered real assets, lines of credit, and other financial means, net of current commitments, available to meet the total construction cash flow demands of the subject contract or contracts as indicated in Section III (Evaluation and Qualification Criteria) Source of financing Amount (US$ equivalent) 1.
______ Contract name: Brief Description of the Works performed by the Bidder: Name of Employer: Address:
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______ Contract name: Brief Description of the Works performed by the Bidder: Name of Employer: Address:
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______ Contract name: Brief Description of the Works performed by the Bidder: Name of Employer: Address:
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______ Contract name: Brief Description of the Works performed by the Bidder: Name of Employer: Address:
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______ Contract name: Brief Description of the Works performed by the Bidder: Name of Employer: Address:
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______ Contract name: Brief Description of the Works performed by the Bidder: Name of Employer: Address:
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*List calendar year for years with contracts with at least nine (9) months activity per year starting with the earliest year Section IV - Bidding Forms 1-67
Form EXP 2.4.2(a) Specific Experience Bidders Legal Name: ___________________________ Date: _____________________ JV Partner Legal Name: _________________________ Bidding No.: __________________ Page _______ of _______ pages
Similar Contract Number: ___ [insert specific number] of ___[insert total number of contracts required. Information Contract Identification _______________________________________ Award date Completion date _______________________________________ _______________________________________
Role in Contract
Contractor
Management Contractor
Subcontractor
Total contract amount __________________________ __ US$_______ ___ If partner in a JV or subcontractor, specify participation of total contract amount
Similar Contract No. __[insert specific number] of ___[insert total number of contracts] required Information Description of the similarity in accordance with Sub-Factor 2.4.2a) of Section III (Evaluation and Qualification Criteria):
Form EXP 2.4.2(b) Specific Experience in Key Activities Bidders Legal Name: ___________________________ Date: _____________________ JV Partner Legal Name: _________________________ Bidding No.: __________________ Subcontractors Legal Name: ______________ Page _______ of _______ pages
Information Contract Identification _______________________________________ Award date Completion date _______________________________________ _______________________________________ Role in Contract
Contractor
Management Contractor
Subcontractor
Total contract amount _________________________ US$________ If partner in a JV or subcontractor, specify participation of total contract amount
Information Description of the key activities in accordance with Sub-Factor 2.4.2b) of Section III (Evaluation and Qualification Criteria):
2-1 Section V - Eligible Countries
Eligibility for the Provision of Goods, Works and Services in Bank-Financed Procurement
1.In accordance with Section 61 of the Public Procurement Act No. 12 of 2008 and Clause 155 of the Public Procurement Regulations of 2011, the Government permits firms and individuals from all countries to offer goods, works and services for Government-financed projects. As an exception, firms of a Country or goods manufactured in a Country may be excluded if:
(i): as a matter of law or official regulation, Government prohibits commercial relations with that Country, provided that Cooperating Partners involved are satisfied that such exclusion does not preclude effective competition for the supply of the Goods or Works required, or
(ii): by an Act of Compliance with a Decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations, the Government prohibits any import of goods from that Country or any payments to persons or entities in that Country.
2.For the information of bidders, at the present time firms, goods and services from the following countries are excluded from this bidding:
Table of Contents Specifications ........................................................................................................................ 2-4 Drawings ............................................................................................................................... 2-6 Supplementary Information ............................................................................................... 2-7
2-4 Section VI Employers Requirements
Specifications A set of precise and clear Specifications is a prerequisite for bidders to respond realistically and competitively to the requirements of the Employer without qualifying or conditioning their bids. In the context of international competitive bidding, the Specifications must be drafted to permit the widest possible competition and, at the same time, present a clear statement of the required standards of workmanship, materials, and performance of the goods and services to be procured. Only if this is done shall the objectives of economy, efficiency, and fairness in procurement be realized, responsiveness of bids be ensured, and the subsequent task of Bid evaluation facilitated. The Specifications should require that all goods and materials to be incorporated in the Works be new, unused, of the most recent or current models, and incorporate all recent improvements in design and materials unless provided otherwise in the Contract. Samples of Specifications from previous similar projects in the same country are useful in to prepare Specifications. The use of metric units is encouraged by the Government. Most Specifications are normally written specially by the Employer or Project Manager to suit the Contract Works in hand. There is no standard set of Specifications for universal application in all sectors in all countries, but there are established principles and practices, which are reflected in these documents. There are considerable advantages in standardizing General Specifications for repetitive Works in recognized public sectors, such as highways, ports, railways, urban housing, irrigation, and water supply, in the same country or region where similar conditions prevail. The General Specifications should cover all classes of workmanship, materials, and equipment commonly involved in construction, although not necessarily to be used in a particular Works Contract. Deletions or addendums should then adapt the General Specifications to apply them to the particular Works. Care must be taken in drafting Specifications to ensure that they are not restrictive. In the Specifications of standards for goods, materials, and workmanship, recognized international standards should be used as much as possible. Where other particular standards are used, whether Zambianstandards or other standards, the Specifications should state that goods, materials, and workmanship that meet other authoritative standards, and which ensure substantially equal or higher quality than the standards mentioned, shall also be acceptable. To that effect, the following sample clause may be inserted in the Special Conditions or Specifications. Equivalency of Standards and Codes Wherever reference is made in the Contract to specific standards and codes to be met by the goods and materials to be furnished, and work performed or tested, the provisions of the latest current edition or revision of the relevant standards and codes in effect shall apply, unless otherwise expressly stated in the Contract. Where such standards and codes are national, or relate to a particular country or region, other authoritative standards that ensure a substantially equal or higher quality than the standards and codes specified shall be accepted subject to the Project Managers prior review and written consent. Differences between the Section 6 Employers Requirements 2-5
standards specified and the proposed alternative standards shall be fully described in writing by the Contractor and submitted to the Project Manager at least 28 days prior to the date when the Contractor desires the Project Managers consent. In the event the Project Manager determines that such proposed deviations do not ensure substantially equal or higher quality, the Contractor shall comply with the standards specified in the documents. These Notes for Preparing Specifications are intended only as information for the Employer or the person drafting the bidding documents. They should not be included in the final documents.
2-6 Section VI Employers Requirements
Drawings Insert here a list of Drawings. The actual Drawings, including site plans, should be attached to this section or annexed in a separate folder.
Section 6 Employers Requirements 2-7
Supplementary Information
3-1 PART 3 Conditions of Contract and Contract Forms 3-3 Section VII. General Conditions of Contract
These General Conditions of Contract (GCC), read in conjunction with the Particular Conditions of Contract(PCC) and other documents listed therein, should be a complete document expressing fairly the rights and obligations of both parties.
These General Conditions of Contract have been developed on the basis of considerable international experience in the drafting and management of contracts, bearing in mind a trend in the construction industry towards simpler, more straightforward language.
The GCC can be used for both smaller admeasurement contracts and lump sum contracts.
3-4 Section VII General Conditions of Contract
Table of Clauses
A. General ............................................................................................................................... 6 1. Definitions......................................................................................................................6 2. Interpretation ..................................................................................................................8 3. Language and Law .........................................................................................................9 4. Project Managers Decisions .........................................................................................9 5. Delegation ......................................................................................................................9 6. Communications ............................................................................................................9 7. Subcontracting ...............................................................................................................9 8. Other Contractors ...........................................................................................................9 9. Personnel and Equipment ............................................................................................10 10. Employers and Contractors Risks .............................................................................10 11. Employers Risks .........................................................................................................10 12. Contractors Risks ........................................................................................................11 13. Insurance ......................................................................................................................11 14. Site Data .......................................................................................................................11 15. Contractor to Construct the Works ..............................................................................12 16. The Works to Be Completed by the Intended Completion Date .................................12 17. Approval by the Project Manager ................................................................................12 18. Safety 12 19. Discoveries ...................................................................................................................12 20. Possession of the Site ...................................................................................................12 21. Access to the Site .........................................................................................................12 22. Instructions, Inspections and Audits ............................................................................13 23. Appointment of the Adjudicator ..................................................................................13 24. Procedure for Disputes .................................................................................................13 B. Time Control .................................................................................................................... 14 25. Program ........................................................................................................................14 26. Extension of the Intended Completion Date ................................................................14 27. Acceleration .................................................................................................................15 28. Delays Ordered by the Project Manager ......................................................................15 29. Management Meetings .................................................................................................15 30. Early Warning ..............................................................................................................15 C. Quality Control ............................................................................................................... 16 31. Identifying Defects.......................................................................................................16 32. Tests 16 33. Correction of Defects ...................................................................................................16 34. Uncorrected Defects.....................................................................................................16 D. Cost Control..................................................................................................................... 16 Section VII General Conditions of Contract 3-5
35. Contract Price...............................................................................................................16 36. Changes in the Contract Price ......................................................................................17 37. Variations .....................................................................................................................17 38. Cash Flow Forecasts ....................................................................................................18 39. Payment Certificates ....................................................................................................18 40. Payments ......................................................................................................................19 41. Compensation Events...................................................................................................19 42. Tax 21 43. Currencies ....................................................................................................................21 44. Price Adjustment ..........................................................................................................21 45. Retention ......................................................................................................................22 46. Liquidated Damages ....................................................................................................22 47. Bonus 22 48. Advance Payment ........................................................................................................22 49. Securities ......................................................................................................................23 50. Dayworks .....................................................................................................................23 51. Cost of Repairs .............................................................................................................23 E. Finishing the Contract .................................................................................................... 23 52. Completion ...................................................................................................................24 53. Taking Over .................................................................................................................24 54. Final Account ...............................................................................................................24 55. Operating and Maintenance Manuals ..........................................................................24 56. Termination ..................................................................................................................24 57. Fraud and Corruption ...................................................................................................25 58. Payment upon Termination ..........................................................................................26 59. Property ........................................................................................................................27 60. Release from Performance ...........................................................................................27 61. Suspension of Contractor .............................................................................................27
3-6 Section VII General Conditions of Contract
General Conditions of Contract A. General 1. Definitions 1.1 Boldface type is used to identify defined terms. (a) The Accepted Contract Amount means the amount accepted in the Letter of Acceptance for the execution and completion of the Works and the remedying of any defects. (b) The Activity Schedule is a schedule of the activities comprising the construction, installation, testing, and commissioning of the Works in a lump sum contract. It includes a lump sum price for each activity, which is used for valuations and for assessing the effects of Variations and Compensation Events. (c) The Adjudicator is the person appointed jointly by the Employer and the Contractor to resolve disputes in the first instance, as provided for in GCC 23. (d) Bill of Quantities means the priced and completed Bill of Quantities forming part of the Bid. (e) Compensation Events are those defined in GCC Clause 41 hereunder. (f) The Completion Date is the date of completion of the Works as certified by the Project Manager, in accordance with GCC Sub-Clause 52.1. (g) The Contract is the Contract between the Employer and the Contractor to execute, complete, and maintain the Works. It consists of the documents listed in GCC Sub- Clause 2.3 below. (h) The Contractor is the party whose Bid to carry out the Works has been accepted by the Employer. (i) The Contractors Bid is the completed bidding document submitted by the Contractor to the Employer. (j) The Contract Price is the Accepted Contract Amount stated in the Letter of Acceptance and thereafter as adjusted in accordance with the Contract. (k) Days are calendar days; months are calendar months. (l) Dayworks are varied work inputs subject to payment on a time basis for the Contractors employees and Equipment, in addition to payments for associated Section VII General Conditions of Contract 3-7
Materials and Plant. (m) A Defect is any part of the Works not completed in accordance with the Contract. (n) The Defects Liability Certificate is the certificate issued by Project Manager upon correction of defects by the Contractor. (o) The Defects Liability Period is the period named in the PCC pursuant to Sub-Clause 33.1 and calculated from the Completion Date. (p) Adjudicator means the single person appointed under Clause 23. (q) Drawings means the drawings of the Works, as included in the Contract, and any additional and modified drawings issued by (or on behalf of) the Employer in accordance with the Contract, include calculations and other information provided or approved by the Project Manager for the execution of the Contract. (r) The Employer is the party who employs the Contractor to carry out the Works, as specified in the PCC. (s) Equipment is the Contractors machinery and vehicles brought temporarily to the Site to construct the Works. (t) In writing or written means hand-written, type- written, printed or electronically made, and resulting in a permanent record; (u) The Initial Contract Price is the Contract Price listed in the Employers Letter of Acceptance. (v) The Intended Completion Date is the date on which it is intended that the Contractor shall complete the Works. The Intended Completion Date is specified in the PCC. The Intended Completion Date may be revised only by the Project Manager by issuing an extension of time or an acceleration order. (w) Materials are all supplies, including consumables, used by the Contractor for incorporation in the Works. (x) Plant is any integral part of the Works that shall have a mechanical, electrical, chemical, or biological function. (y) The Project Manager is the person named in the PCC (or any other competent person appointed by the Employer and notified to the Contractor, to act in 3-8 Section VII General Conditions of Contract
replacement of the Project Manager) who is responsible for supervising the execution of the Works and administering the Contract. (z) PCC means Particular Conditions of Contract (aa) The Site is the area defined as such in the PCC. (bb) Site Investigation Reports are those that were included in the bidding documents and are factual and interpretative reports about the surface and subsurface conditions at the Site. (cc) Specification means the Specification of the Works included in the Contract and any modification or addition made or approved by the Project Manager. (dd) The Start Date is given in the PCC. It is the latest date when the Contractor shall commence execution of the Works. It does not necessarily coincide with any of the Site Possession Dates. (ee) 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. (ff) Temporary Works are works designed, constructed, installed, and removed by the Contractor that are needed for construction or installation of the Works. (gg) A Variation is an instruction given by the Project Manager which varies the Works. (hh) The Works are what the Contract requires the Contractor to construct, install, and turn over to the Employer, as defined in the PCC. 2. Interpretation 2.1 In interpreting these GCC, words indicating one gender include all genders. Words indicating the singular also include the plural and words indicating the plural also include the singular. Headings have no significance. Words have their normal meaning under the language of the Contract unless specifically defined. The Project Manager shall provide instructions clarifying queries about these GCC. 2.2 If sectional completion is specified in the PCC, references in the GCC to the Works, the Completion Date, and the Intended Completion Date apply to any Section of the Works (other than references to the Completion Date and Intended Completion Date for the whole of the Works). 2.3 The documents forming the Contract shall be interpreted in the Section VII General Conditions of Contract 3-9
following order of priority: (a) Agreement, (b) Letter of Acceptance, (c) Contractors Bid, (d) Particular Conditions of Contract, (e) General Conditions of Contract, (f) Specifications, (g) Drawings, (h) Bill of Quantities, 10 and (i) Any other document listed in the PCC as forming part of the Contract. 3. Language and Law 3.1 The language of the Contract and the law governing the Contract are stated in the PCC. 4. Project Managers Decisions 4.1 Except where otherwise specifically stated, the Project Manager shall decide contractual matters between the Employer and the Contractor in the role representing the Employer. 5. Delegation 5.1 Otherwise specified in the PCC, the Project Manager may delegate any of his duties and responsibilities to other people, except to the Adjudicator, after notifying the Contractor, and may revoke any delegation after notifying the Contractor. 6. Communica- tions 6.1 Communications between parties that are referred to in the Conditions shall be effective only when in writing. A notice shall be effective only when it is delivered. 7. Subcontracting 7.1 The Contractor may subcontract with the approval of the Project Manager, but may not assign the Contract without the approval of the Employer in writing. Subcontracting shall not alter the Contractors obligations. 8. Other Contractors 8.1 The Contractor shall cooperate and share the Site with other contractors, public authorities, utilities, and the Employer between the dates given in the Schedule of Other Contractors, as referred to in the PCC. The Contractor shall also provide facilities and services for them as described in the Schedule. The Employer may modify the Schedule of Other Contractors, and
10 In lump sum contracts, delete Bill of Quantities and replace with Activity Schedule. 3-10 Section VII General Conditions of Contract
shall notify the Contractor of any such modification. 9. Personnel and Equipment 9.1 The Contractor shall employ the key personnel and use the equipment identified in its Bid, to carry out the Works or other personnel and equipment approved by the Project Manager. The Project Manager shall approve any proposed replacement of key personnel and equipment only if their relevant qualifications or characteristics are substantially equal to or better than those proposed in the Bid. 9.2 If the Project Manager asks the Contractor to remove a person who is a member of the Contractors staff or work force, stating the reasons, the Contractor shall ensure that the person leaves the Site within seven days and has no further connection with the work in the Contract. 10. Employers and Contractors Risks 10.1 The Employer carries the risks which this Contract states are Employers risks, and the Contractor carries the risks which this Contract states are Contractors risks. 11. Employers Risks 11.1 From the Start Date until the Defects Liability Certificate has been issued, the following are Employers risks: (a) The risk of personal injury, death, or loss of or damage to property (excluding the Works, Plant, Materials, and Equipment), which are due to (i) use or occupation of the Site by the Works or for the purpose of the Works, which is the unavoidable result of the Works or (ii) negligence, breach of statutory duty, or interference with any legal right by the Employer or by any person employed by or contracted to him except the Contractor. (b) The risk of damage to the Works, Plant, Materials, and Equipment to the extent that it is due to a fault of the Employer or in the Employers design, or due to war or radioactive contamination directly affecting the country where the Works are to be executed. 11.2 From the Completion Date until the Defects Liability Certificate has been issued, the risk of loss of or damage to the Works, Plant, and Materials is an Employers risk except loss or damage due to Section VII General Conditions of Contract 3-11
(a) a Defect which existed on the Completion Date, (b) an event occurring before the Completion Date, which was not itself an Employers risk, or (c) the activities of the Contractor on the Site after the Completion Date. 12. Contractors Risks 12.1 From the Starting Date until the Defects Liability Certificate has been issued, the risks of personal injury, death, and loss of or damage to property (including, without limitation, the Works, Plant, Materials, and Equipment) which are not Employers risks are Contractors risks. 13. Insurance 13.1 The Contractor shall provide, in the joint names of the Employer and the Contractor, insurance cover from the Start Date to the end of the Defects Liability Period, in the amounts and deductibles stated in the PCC for the following events which are due to the Contractors risks: (a) loss of or damage to the Works, Plant, and Materials; (b) loss of or damage to Equipment; (c) loss of or damage to property (except the Works, Plant, Materials, and Equipment) in connection with the Contract; and (d) personal injury or death. 13.2 Policies and certificates for insurance shall be delivered by the Contractor to the Project Manager for the Project Managers approval before the Start Date. All such insurance shall provide for compensation to be payable in the types and proportions of currencies required to rectify the loss or damage incurred. 13.3 If the Contractor does not provide any of the policies and certificates required, the Employer may effect the insurance which the Contractor should have provided and recover the premiums the Employer has paid from payments otherwise due to the Contractor or, if no payment is due, the payment of the premiums shall be a debt due. 13.4 Alterations to the terms of an insurance shall not be made without the approval of the Project Manager. 13.5 Both parties shall comply with any conditions of the insurance policies. 14. Site Data 14.1 The Contractor shall be deemed to have examined any Site Data 3-12 Section VII General Conditions of Contract
referred to in the PCC, supplemented by any information available to the Contractor. 15. Contractor to Construct the Works 15.1 The Contractor shall construct and install the Works in accordance with the Specifications and Drawings. 16. The Works to Be Completed by the Intended Completion Date 16.1 The Contractor may commence execution of the Works on the Start Date and shall carry out the Works in accordance with the Program submitted by the Contractor, as updated with the approval of the Project Manager, and complete them by the Intended Completion Date. 17. Approval by the Project Manager 17.1 The Contractor shall submit Specifications and Drawings showing the proposed Temporary Works to the Project Manager, for his approval. 17.2 The Contractor shall be responsible for design of Temporary Works. 17.3 The Project Managers approval shall not alter the Contractors responsibility for design of the Temporary Works. 17.4 The Contractor shall obtain approval of third parties to the design of the Temporary Works, where required. 17.5 All Drawings prepared by the Contractor for the execution of the temporary or permanent Works, are subject to prior approval by the Project Manager before this use. 18. Safety 18.1 The Contractor shall be responsible for the safety of all activities on the Site. 19. Discoveries 19.1 Anything of historical or other interest or of significant value unexpectedly discovered on the Site shall be the property of the Employer. The Contractor shall notify the Project Manager of such discoveries and carry out the Project Managers instructions for dealing with them. 20. Possession of the Site 20.1 The Employer shall give possession of all parts of the Site to the Contractor. If possession of a part is not given by the date stated in the PCC, the Employer shall be deemed to have delayed the start of the relevant activities, and this shall be a Compensation Event. 21. Access to the Site 21.1 The Contractor shall allow the Project Manager and any person authorized by the Project Manager access to the Site and to any place where work in connection with the Contract is being Section VII General Conditions of Contract 3-13
carried out or is intended to be carried out. 22. Instructions, Inspections and Audits 22.1 The Contractor shall carry out all instructions of the Project Manager which comply with the applicable laws where the Site is located. 22.2 The Contractor shall permit, and shall cause its Subcontractors and subconsultants to permit, the Government and/or persons appointed by the Government to inspect the Site and/or the accounts and records of the Contractor and its sub-contractors relating to the performance of the Contract and the submission of the bid, and to have such accounts and records audited by auditors appointed by the Government if requested by the Government. The Contractors and its Subcontractors and subconsultants attention is drawn to Sub-Clause 57.1 which provides, inter alia, that acts intended to materially impede the exercise of the Governments inspection and audit rights provided for under Sub-Clause 22.2constitute a prohibited practice subject to contract termination (as well as to a determination of ineligibility pursuant to ZPPAs prevailing sanctions procedures). 23. Appointment of the Adjudicator 23.1 The Adjudicator shall be appointed jointly by the Employer and the Contractor, at the time of the Employers issuance of the Letter of Acceptance. If, in the Letter of Acceptance, the Employer does not agree on the appointment of the Adjudicator, the Employer will request the Appointing Authority designated in the PCC, to appoint the Adjudicator within 14 days of receipt of such request. 23.2 Should the Adjudicator resign or die, or should the Employer and the Contractor agree that the Adjudicator is not functioning in accordance with the provisions of the Contract, a new Adjudicator shall be jointly appointed by the Employer and the Contractor. In case of disagreement between the Employer and the Contractor, within 30 days, the Adjudicator shall be designated by the Appointing Authority designated in the PCC at the request of either party, within 14 days of receipt of such request. 24. Procedure for Disputes 24.1 If the Contractor believes that a decision taken by the Project Manager was either outside the authority given to the Project Manager by the Contract or that the decision was wrongly taken, the decision shall be referred to the Adjudicator within 14 days of the notification of the Project Managers decision. 24.2 The Adjudicator shall give a decision in writing within 28 days 3-14 Section VII General Conditions of Contract
of receipt of a notification of a dispute. 24.3 The Adjudicator shall be paid by the hour at the rate specified in thePCC, together with reimbursable expenses of the types specified in the PCC, and the cost shall be divided equally between the Employer and the Contractor, whatever decision is reached by the Adjudicator. Either party may refer a decision of the Adjudicator to an Arbitrator within 28 days of the Adjudicators written decision. If neither party refers the dispute to arbitration within the above 28 days, the Adjudicators decision shall be final and binding. 24.4 The arbitration shall be conducted in accordance with the arbitration procedures published by the institution named and in the place specified in the PCC. B. Time Control 25. Program
25.1 Within the time stated in the PCC, after the date of the Letter of Acceptance, the Contractor shall submit to the Project Manager for approval a Program showing the general methods, arrangements, order, and timing for all the activities in the Works. In the case of a lump sum contract, the activities in the Program shall be consistent with those in the Activity Schedule. 25.2 An update of the Program shall be a program showing the actual progress achieved on each activity and the effect of the progress achieved on the timing of the remaining work, including any changes to the sequence of the activities. 25.3 The Contractor shall submit to the Project Manager for approval an updated Program at intervals no longer than the period stated in the PCC. If the Contractor does not submit an updated Program within this period, the Project Manager may withhold the amount stated in the PCC from the next payment certificate and continue to withhold this amount until the next payment after the date on which the overdue Program has been submitted. In the case of a lump sum contract, the Contractor shall provide an updated Activity Schedule within 14 days of being instructed to by the Project Manager. 25.4 The Project Managers approval of the Program shall not alter the Contractors obligations. The Contractor may revise the Program and submit it to the Project Manager again at any time. A revised Program shall show the effect of Variations and Compensation Events. 26. Extension of 26.1 The Project Manager shall extend the Intended Completion Date Section VII General Conditions of Contract 3-15
the Intended Completion Date if a Compensation Event occurs or a Variation is issued which makes it impossible for Completion to be achieved by the Intended Completion Date without the Contractor taking steps to accelerate the remaining work, which would cause the Contractor to incur additional cost. 26.2 The Project Manager shall decide whether and by how much to extend the Intended Completion Date within 21 days of the Contractor asking the Project Manager for a decision upon the effect of a Compensation Event or Variation and submitting full supporting information. If the Contractor has failed to give early warning of a delay or has failed to cooperate in dealing with a delay, the delay by this failure shall not be considered in assessing the new Intended Completion Date. 27. Acceleration 27.1 When the Employer wants the Contractor to finish before the Intended Completion Date, the Project Manager shall obtain priced proposals for achieving the necessary acceleration from the Contractor. If the Employer accepts these proposals, the Intended Completion Date shall be adjusted accordingly and confirmed by both the Employer and the Contractor. 27.2 If the Contractors priced proposals for an acceleration are accepted by the Employer, they are incorporated in the Contract Price and treated as a Variation. 28. Delays Ordered by the Project Manager
28.1 The Project Manager may instruct the Contractor to delay the start or progress of any activity within the Works. 29. Management Meetings 29.1 Either the Project Manager or the Contractor may require the other to attend a management meeting. The business of a management meeting shall be to review the plans for remaining work and to deal with matters raised in accordance with the early warning procedure. 29.2 The Project Manager shall record the business of management meetings and provide copies of the record to those attending the meeting and to the Employer. The responsibility of the parties for actions to be taken shall be decided by the Project Manager either at the management meeting or after the management meeting and stated in writing to all who attended the meeting. 30. Early Warning 30.1 The Contractor shall warn the Project Manager at the earliest opportunity of specific likely future events or circumstances that may adversely affect the quality of the work, increase the Contract Price, or delay the execution of the Works. The Project 3-16 Section VII General Conditions of Contract
Manager may require the Contractor to provide an estimate of the expected effect of the future event or circumstance on the Contract Price and Completion Date. The estimate shall be provided by the Contractor as soon as reasonably possible. 30.2 The Contractor shall cooperate with the Project Manager in making and considering proposals for how the effect of such an event or circumstance can be avoided or reduced by anyone involved in the work and in carrying out any resulting instruction of the Project Manager. C. Quality Control 31. Identifying Defects 31.1 The Project Manager shall check the Contractors work and notify the Contractor of any Defects that are found. Such checking shall not affect the Contractors responsibilities. The Project Manager may instruct the Contractor to search for a Defect and to uncover and test any work that the Project Manager considers may have a Defect. 32. Tests 32.1 If the Project Manager instructs the Contractor to carry out a test not specified in the Specification to check whether any work has a Defect and the test shows that it does, the Contractor shall pay for the test and any samples. If there is no Defect, the test shall be a Compensation Event. 33. Correction of Defects 33.1 The Project Manager 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 PCC. The Defects Liability Period shall be extended for as long as Defects remain to be corrected. 33.2 Every time notice of a Defect is given, the Contractor shall correct the notified Defect within the length of time specified by the Project Managers notice. 34. Uncorrected Defects 34.1 If the Contractor has not corrected a Defect within the time specified in the Project Managers notice, the Project Manager shall assess the cost of having the Defect corrected, and the Contractor shall pay this amount. D. Cost Control 35. Contract Price 35.1 In the case of an admeasurement contract, the Bill of Quantities shall contain priced items for the Works to be performed by the Contractor. The Bill of Quantities is used to calculate the Contract Price. The Contractor will be paid for the quantity of the work accomplished at the rate in the Bill of Quantities for Section VII General Conditions of Contract 3-17
each item. 35.2 In the case of a lump sum contract, the Activity Schedule shall contain the priced activities for the Works to be performed by the Contractor. The Activity Schedule is used to monitor and control the performance of activities on which basis the Contractor will be paid. If payment for Materials on Site shall be made separately, the Contractor shall show delivery of Materials to the Site separately on the Activity Schedule. 36. Changes in the Contract Price 36.1 In the case of an admeasurement contract: (a) If the final quantity of the work done differs from the quantity in the Bill of Quantities for the particular item by more than 25 percent, provided the change exceeds 1 percent of the Initial Contract Price, the Project Manager shall adjust the rate to allow for the change. (b) The Project Manager shall not adjust rates from changes in quantities if thereby the Initial Contract Price is exceeded by more than 15 percent, except with the prior approval of the Employer. (c) If requested by the Project Manager, the Contractor shall provide the Project Manager with a detailed cost breakdown of any rate in the Bill of Quantities. 36.2 In the case of a lump sum contract, the Activity Schedule shall be amended by the Contractor to accommodate changes of Program or method of working made at the Contractors own discretion. Prices in the Activity Schedule shall not be altered when the Contractor makes such changes to the Activity Schedule. 37. Variations
37.1 All Variations shall be included in updated Programs, and, in the case of a lump sum contract, also in the Activity Schedule, produced by the Contractor. 37.2 The Contractor shall provide the Project Manager with a quotation for carrying out the Variation when requested to do so by the Project Manager. The Project Manager shall assess the quotation, which shall be given within seven (7) days of the request or within any longer period stated by the Project Manager and before the Variation is ordered. 37.3 If the Contractors quotation is unreasonable, the Project Manager may order the Variation and make a change to the Contract Price, which shall be based on the Project Managers own forecast of the effects of the Variation on the Contractors costs. 3-18 Section VII General Conditions of Contract
37.4 If the Project Manager decides that the urgency of varying the work would prevent a quotation being given and considered without delaying the work, no quotation shall be given and the Variation shall be treated as a Compensation Event. 37.5 The Contractor shall not be entitled to additional payment for costs that could have been avoided by giving early warning. 37.6 In the case of an admeasurement contract, if the work in the Variation corresponds to an item description in the Bill of Quantities and if, in the opinion of the Project Manager, the quantity of work above the limit stated in Sub-Clause 38.1 or the timing of its execution do not cause the cost per unit of quantity to change, the rate in the Bill of Quantities shall be used to calculate the value of the Variation. If the cost per unit of quantity changes, or if the nature or timing of the work in the Variation does not correspond with items in the Bill of Quantities, the quotation by the Contractor shall be in the form of new rates for the relevant items of work. 38. Cash Flow Forecasts 38.1 When the Program, or, in the case of a lump sum contract, the Activity Schedule, is updated, the Contractor shall provide the Project Manager with an updated cash flow forecast. The cash flow forecast shall include different currencies, as defined in the Contract, converted as necessary using the Contract exchange rates. 39. Payment Certificates 39.1 The Contractor shall submit to the Project Manager monthly statements of the estimated value of the work executed less the cumulative amount certified previously. 39.2 The Project Manager shall check the Contractors monthly statement and certify the amount to be paid to the Contractor. 39.3 The value of work executed shall be determined by the Project Manager. 39.4 The value of work executed shall comprise: (a) In the case of an admeasurement contract, the value of the quantities of work in the Bill of Quantities that have been completed; or (b) In the case of a lump sum contract, the value of work executed shall comprise the value of completed activities in the Activity Schedule. 39.5 The value of work executed shall include the valuation of Section VII General Conditions of Contract 3-19
Variations and Compensation Events. 39.6 The Project Manager may exclude any item certified in a previous certificate or reduce the proportion of any item previously certified in any certificate in the light of later information. 40. Payments 40.1 Payments shall be adjusted for deductions for advance payments and retention. The Employer shall pay the Contractor the amounts certified by the Project Manager within 28 days of the date of each certificate. If the Employer makes a late payment, the Contractor shall be paid interest on the late payment in the next payment. Interest shall be calculated from the date by which the payment should have been made up to the date when the late payment is made at the prevailing rate of interest for commercial borrowing for each of the currencies in which payments are made. 40.2 If an amount certified is increased in a later certificate or as a result of an award by the Adjudicator or an Arbitrator, the Contractor shall be paid interest upon the delayed payment as set out in this clause. Interest shall be calculated from the date upon which the increased amount would have been certified in the absence of dispute. 40.3 Unless otherwise stated, all payments and deductions shall be paid or charged in the proportions of currencies comprising the Contract Price. 40.4 Items of the Works for which no rate or price has been entered in shall not be paid for by the Employer and shall be deemed covered by other rates and prices in the Contract. 41. Compensation Events 41.1 The following shall be Compensation Events: (a) The Employer does not give access to a part of the Site by the Site Possession Date pursuant to GCC Sub-Clause 20.1. (b) The Employer modifies the Schedule of Other Contractors in a way that affects the work of the Contractor under the Contract. (c) The Project Manager orders a delay or does not issue Drawings, Specifications, or instructions required for execution of the Works on time. (d) The Project Manager instructs the Contractor to uncover or to carry out additional tests upon work, which is then found 3-20 Section VII General Conditions of Contract
to have no Defects. (e) The Project Manager unreasonably does not approve a subcontract to be let. (f) Ground conditions are substantially more adverse than could reasonably have been assumed before issuance of the Letter of Acceptance from the information issued to bidders (including the Site Investigation Reports), from information available publicly and from a visual inspection of the Site. (g) The Project Manager gives an instruction for dealing with an unforeseen condition, caused by the Employer, or additional work required for safety or other reasons. (h) Other contractors, public authorities, utilities, or the Employer does not work within the dates and other constraints stated in the Contract, and they cause delay or extra cost to the Contractor. (i) The advance payment is delayed. (j) The effects on the Contractor of any of the Employers Risks. (k) The Project Manager unreasonably delays issuing a Certificate of Completion. 41.2 If a Compensation Event would cause additional cost or would prevent the work being completed before the Intended Completion Date, the Contract Price shall be increased and/or the Intended Completion Date shall be extended. The Project Manager shall decide whether and by how much the Contract Price shall be increased and whether and by how much the Intended Completion Date shall be extended. 41.3 As soon as information demonstrating the effect of each Compensation Event upon the Contractors forecast cost has been provided by the Contractor, it shall be assessed by the Project Manager, and the Contract Price shall be adjusted accordingly. If the Contractors forecast is deemed unreasonable, the Project Manager shall adjust the Contract Price based on the Project Managers own forecast. The Project Manager shall assume that the Contractor shall react competently and promptly to the event. 41.4 The Contractor shall not be entitled to compensation to the extent that the Employers interests are adversely affected by the Section VII General Conditions of Contract 3-21
Contractors not having given early warning or not having cooperated with the Project Manager. 42. Tax 42.1 The Project Manager shall adjust the Contract Price if taxes, duties, and other levies are changed between the date 28 days before the submission of bids for the Contract and the date of the last Completion certificate. The adjustment shall be the change in the amount of tax payable by the Contractor, provided such changes are not already reflected in the Contract Price or are a result of GCC Clause 44. 43. Currencies 43.1 Where payments are made in currencies other than the currency of the Employers country specified in the PCC, the exchange rates used for calculating the amounts to be paid shall be the exchange rates stated in the Contractors Bid. 44. Price Adjustment 44.1 Prices shall be adjusted for fluctuations in the cost of inputs only if provided for in the PCC. If so provided, the amounts certified in each payment certificate, before deducting for Advance Payment, shall be adjusted by applying the respective price adjustment factor to the payment amounts due in each currency. A separate formula of the type indicated below applies to each Contract currency: P c = A c + B c Imc/Ioc where: P c is the adjustment factor for the portion of the Contract Price payable in a specific currency c. A c and B c are coefficients 11 specified in the PCC, representing the nonadjustable and adjustable portions, respectively, of the Contract Price payable in that specific currency c; and Imc is the index prevailing at the end of the month being invoiced and Ioc is the index prevailing 28 days before Bid opening for inputs payable; both in the specific currency c. 44.2 If the value of the index is changed after it has been used in a calculation, the calculation shall be corrected and an adjustment made in the next payment certificate. The index value shall be deemed to take account of all changes in cost due to fluctuations
11 The sum of the two coefficients A c and B c should be 1 (one) in the formula for each currency. Normally, both coefficients shall be the same in the formulae for all currencies, since coefficient A, for the nonadjustable portion of the payments, is a very approximate figure (usually 0.15) to take account of fixed cost elements or other nonadjustable components. The sum of the adjustments for each currency are added to the Contract Price. [To be transferred to the User Guide] 3-22 Section VII General Conditions of Contract
in costs. 45. Retention 45.1 The Employer shall retain from each payment due to the Contractor the proportion stated in the PCC until Completion of the whole of the Works. 45.2 Upon the issue of a Certificate of Completion of the Works by the Project Manager, in accordance with GCC 51.1, half the total amount retained shall be repaid to the Contractor and half when the Defects Liability Period has passed and the Project Manager has certified that all Defects notified by the Project Manager to the Contractor before the end of this period have been corrected. The Contractor may substitute retention money with an on demand Bank guarantee. 46. Liquidated Damages 46.1 The Contractor shall pay liquidated damages to the Employer at the rate per day stated in the PCC for each day that the Completion Date is later than the Intended Completion Date. The total amount of liquidated damages shall not exceed the amount defined in the PCC. The Employer may deduct liquidated damages from payments due to the Contractor. Payment of liquidated damages shall not affect the Contractors liabilities. 46.2 If the Intended Completion Date is extended after liquidated damages have been paid, the Project Manager shall correct any overpayment of liquidated damages by the Contractor by adjusting the next payment certificate. The Contractor shall be paid interest on the overpayment, calculated from the date of payment to the date of repayment, at the rates specified in GCC Sub-Clause 40.1. 47. Bonus 47.1 The Contractor shall be paid a Bonus calculated at the rate per calendar day stated in the PCC for each day (less any days for which the Contractor is paid for acceleration) that the Completion is earlier than the Intended Completion Date. The Project Manager shall certify that the Works are complete, although they may not be due to be complete. 48. Advance Payment 48.1 The Employer shall make advance payment to the Contractor of the amounts stated in the PCC by the date stated in the PCC, against provision by the Contractor of an Unconditional Bank Guarantee in a form and by a bank acceptable to the Employer in amounts and currencies equal to the advance payment. The Guarantee shall remain effective until the advance payment has been repaid, but the amount of the Guarantee shall be progressively reduced by the amounts repaid by the Contractor. Section VII General Conditions of Contract 3-23
Interest shall not be charged on the advance payment. 48.2 The Contractor is to use the advance payment only to pay for Equipment, Plant, Materials, and mobilization expenses required specifically for execution of the Contract. The Contractor shall demonstrate that advance payment has been used in this way by supplying copies of invoices or other documents to the Project Manager. 48.3 The advance payment shall be repaid by deducting proportionate amounts from payments otherwise due to the Contractor, following the schedule of completed percentages of the Works on a payment basis. No account shall be taken of the advance payment or its repayment in assessing valuations of work done, Variations, price adjustments, Compensation Events, Bonuses, or Liquidated Damages. 49. Securities 49.1 The Performance Security shall be provided to the Employer no later than the date specified in the Letter of Acceptance and shall be issued in an amount specified in the PCC, by a bank or surety acceptable to the Employer, and denominated in the types and proportions of the currencies in which the Contract Price is payable. The Performance Security shall be valid until a date 28 days from the date of issue of the Certificate of Completion in the case of a Bank Guarantee, and until one year from the date of issue of the Completion Certificate in the case of a Performance Bond. 50. Dayworks 50.1 If applicable, the Dayworks rates in the Contractors Bid shall be used only when the Project Manager has given written instructions in advance for additional work to be paid for in that way. 50.2 All work to be paid for as Dayworks shall be recorded by the Contractor on forms approved by the Project Manager. Each completed form shall be verified and signed by the Project Manager within two days of the work being done. 50.3 The Contractor shall be paid for Dayworks subject to obtaining signed Dayworks forms. 51. Cost of Repairs 51.1 Loss or damage to the Works or Materials to be incorporated in the Works between the Start Date and the end of the Defects Correction periods shall be remedied by the Contractor at the Contractors cost if the loss or damage arises from the Contractors acts or omissions. E. Finishing the Contract 3-24 Section VII General Conditions of Contract
52. Completion 52.1 The Contractor shall request the Project Manager to issue a Certificate of Completion of the Works, and the Project Manager shall do so upon deciding that the whole of the Works is completed. 53. Taking Over 53.1 The Employer shall take over the Site and the Works within seven days of the Project Managers issuing a certificate of Completion. 54. Final Account 54.1 The Contractor shall supply the Project Manager with a detailed account of the total amount that the Contractor considers payable under the Contract before the end of the Defects Liability Period. The Project Manager shall issue a Defects Liability Certificate and certify any final payment that is due to the Contractor within 56 days of receiving the Contractors account if it is correct and complete. If it is not, the Project Manager shall issue within 56 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 Project Manager shall decide on the amount payable to the Contractor and issue a payment certificate. 55. Operating and Maintenance Manuals 55.1 If as built Drawings and/or operating and maintenance manuals are required, the Contractor shall supply them by the dates stated in the PCC. 55.2 If the Contractor does not supply the Drawings and/or manuals by the dates stated in the PCC pursuant to GCC Sub-Clause 55.1, or they do not receive the Project Managers approval, the Project Manager shall withhold the amount stated in the PCC from payments due to the Contractor. 56. Termination 56.1 The Employer or the Contractor may terminate the Contract if the other party causes a fundamental breach of the Contract. 56.2 Fundamental breaches of Contract shall include, but shall not be limited to, the following: (a) the Contractor stops work for 28 days when no stoppage of work is shown on the current Program and the stoppage has not been authorized by the Project Manager; (b) the Project Manager instructs the Contractor to delay the progress of the Works, and the instruction is not withdrawn within 28 days; (c) the Employer or the Contractor is made bankrupt or goes into liquidation other than for a reconstruction or amalgamation; (d) a payment certified by the Project Manager is not paid by the Section VII General Conditions of Contract 3-25
Employer to the Contractor within 84 days of the date of the Project Managers certificate; (e) the Project Manager 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 determined by the Project Manager; (f) the Contractor does not maintain a Security, which is required; (g) the Contractor has delayed the completion of the Works by the number of days for which the maximum amount of liquidated damages can be paid, as defined in the PCC; or (h) if the Contractor, in the judgment of the Employer, has engaged in corrupt or fraudulent practices in competing for or in executing the Contract, pursuant to GCC Clause 57.1. 56.3 When either party to the Contract gives notice of a breach of Contract to the Project Manager for a cause other than those listed under GCC Sub-Clause 56.2 above, the Project Manager shall decide whether the breach is fundamental or not. 56.4 Notwithstanding the above, the Employer may terminate the Contract for convenience. 56.5 If the Contract is terminated, the Contractor shall stop work immediately, make the Site safe and secure, and leave the Site as soon as reasonably possible. 57. Fraud and Corruption 57.1 If the Employer determines that the Contractor and/or any of its personnel, or its agents, or its Subcontractors, subconsultants, services providers, suppliers and/or their employees has engaged in corrupt, fraudulent, collusive, coercive or obstructive practices, in competing for or in executing the Contract, then the Employer may, after giving 14 days notice to the Contractor, terminate the Contractor's employment under the Contract and expel him from the Site, and the provisions of Clause 56 shall apply as if such expulsion had been made under Sub-Clause 56.5 [Termination by Employer]. 57.2 Should any employee of the Contractor be determined to have engaged in corrupt, fraudulent, collusive, coercive, or obstructive practice during the execution of the Works, then that employee shall be removed in accordance with Clause 9. 57.3 For the purposes of this Sub-Clause: (i) corrupt practice is the offering, giving, receiving or 3-26 Section VII General Conditions of Contract
soliciting, directly or indirectly, of anything of value to influence improperly the actions of another party 12 ; (ii) fraudulent practice is any act or omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to avoid an obligation 13 ; (iii) collusive practice is an arrangement between two or more parties 14 designed to achieve an improper purpose, including to influence improperly the actions of another party; (iv) coercive practice is impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly the actions of a party 15 ; (v) obstructive practiceis (aa) deliberately destroying, falsifying, altering or concealing of evidence material to the investigation or making false statements to investigators in order to materially impede a Government investigation into allegations of a corrupt, fraudulent, coercive or collusive practice; and/or threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation; or (bb) acts intended to materially impede the exercise of the Governments inspection and audit rights provided for under Sub-Clause22.2. 58. Payment upon Termination 58.1 If the Contract is terminated because of a fundamental breach of Contract by the Contractor, the Project Manager shall issue a certificate for the value of the work done and Materials ordered less advance payments received up to the date of the issue of the certificate and less the percentage to apply to the value of the work not completed, as indicated in the PCC. Additional Liquidated Damages shall not apply. If the total amount due to the Employer exceeds any payment due to the Contractor, the difference shall be
12 Another party refers to a public official acting in relation to the procurement process or contract execution]. In this context, public official includes Government staff and employees of other organizations taking or reviewing procurement decisions. 13 Party refers to a public official; the terms benefit and obligation relate to the procurement process or contract execution; and the act or omission is intended to influence the procurement process or contract execution. 14 Parties refers to participants in the procurement process (including public officials) attempting to establish bid prices at artificial, non competitive levels. 15 Party refers to a participant in the procurement process or contract execution. Section VII General Conditions of Contract 3-27
a debt payable to the Employer. 58.2 If the Contract is terminated for the Employers convenience or because of a fundamental breach of Contract by the Employer, the Project Manager shall issue a certificate for the value of the work done, Materials ordered, the reasonable cost of removal of Equipment, repatriation of the Contractors personnel employed solely on the Works, and the Contractors costs of protecting and securing the Works, and less advance payments received up to the date of the certificate. 59. Property 59.1 All Materials on the Site, Plant, Equipment, Temporary Works, and Works shall be deemed to be the property of the Employer if the Contract is terminated because of the Contractors default. 60. Release from Performance 60.1 If the Contract is frustrated by the outbreak of war or by any other event entirely outside the control of either the Employer or the Contractor, the Project Manager shall certify that the Contract has been frustrated. The Contractor shall make the Site safe and stop work as quickly as possible after receiving this certificate and shall be paid for all work carried out before receiving it and for any work carried out afterwards to which a commitment was made. 61. Suspension of Contractor 61.1 In the event that ZPPA suspends the Contractor pursuant to the Public Procurement Act of 2008: (a) The Employer is obligated to notify the Contractor of such suspension within 7 days of having received ZPPAs suspension notice. (b) If the Contractor has not received sums due it within the 28 days for payment provided for in Sub-Clause 40.1, the Contractor may immediately issue a 14-day termination notice.
3-29 Section IX - Contract Forms Section VIII. Particular Conditions of Contract
Except where otherwise indicated, all PCC should be filled in by the Employer prior to issuance of the Bidding Documents. Schedules and reports to be provided by the Employer should be annexed.
A. General GCC 1.1 (r) The Employer is THE ROAD DEVELOPMENT AGENCY GCC 1.1 (v) The Intended Completion Date for the whole of the Works shall be: 24 months after the start date. The Bidders shall price the time-related items in the P &Gs based on the duration provided. However, the bidders are free to propose an alternative duration in their form of bid, which the Employer may consider. [To be inserted by the bidder and this shall be part of the evaluation criteria] GCC 1.1 (y) The Project Manager is The Director and Chief Executive Officer (CEO) of the Road Development Agency or any other RDA officer duly appointed by the CEO GCC 1.1 (aa) The Site is located in Muchinga Province of Zambia. The project is for the Construction and Upgrading to Bituminous Standard and Re- alignment of approximately 78 km of RD54 Road from Chief Mukungules area(Mwaleshi river) - Lufila Kakoko to Kalalantekwe in Muchinga Province of Zambia- Lot 2: Km 0+000 (Mwaleshi River) To Km 78+000 (RD54/T002 Junction) at Kalalantekwe GCC 1.1 (dd) The Start Date shall be 14 days from the date of signing of the contract GCC 1.1 (hh) The Works consist of the Construction and Upgrading to Bituminous Standard and Re-alignment of approximately 78 km of RD54 Road from Chief Mukungules area(Mwaleshi river) - Lufila Kakoko to Kalalantekwe in Muchinga Province of Zambia- Lot 2: Km 0+000 (Mwaleshi River) To Km 78+000 (RD54/T002 Junction) at Kalalantekwe GCC 2.2 Sectional Completions are: [N/A] GCC 2.3(i) The following documents also form part of the Contract: Joint venture agreement (in case of joint venture of firms) 3-30 Section VIII Particular Conditions of Contract
Minutes of contract negotiation meeting Detailed design drawings
Vendor Rating System documentations: 1. Consultants and Contractors Vendor Rating System RDA Policy and Procedures Manual January 2013 2. Works Contractor Performance Rating Tool kit January 2013 volume 3 3. Design Consultant Performance Rating Tool Kit January 2013. Volume 1 GCC 3.1 The language of the contract is English. The law that applies to the Contract is the law of Zambia. GCC 5.1 The Project manager may delegate any of his duties and responsibilities. GCC 7.1 The Maximum sub-contracting shall not exceed 20% of the contract price and is MANDATORY. The sub-contractors shall be appointed by the Main Contractor after award of contract and shall be approved by the Client using a criterion to be provided by the Client. GCC 8.1 Schedule of other contractors (if applicable): required GCC 9.1 Qualifications and experience of the following key site management and technical personnel proposed for the Contract are required:
1. Contract Manager He/she shall be responsible for all contract management, planning, scheduling, site organization, quality assurance and related duties.
Minimum Qualification: 8. He/She shall have a Bachelors degree in Civil/Highway Engineering, with ten (10) years professional experience of which at least eight (08) years experience as contract Manager on similar works; and 9. He/She shall be a registered member of EIZ and registered to practice by the Engineers Registration Board (E.R.B).
2. Site Engineer/Agent
He/She shall be responsible for all technical aspects of the project implementation, measurement, quality controls and documentation.
Minimum Qualification: He/She shall have a Bachelors degree in Civil /Highway Engineering with ten (10) years experience on road and bridge Section VIII Particular Conditions of Contract 3-31
construction projects of which five (05) years on similar projects; and He/She shall be a registered member of EIZ and registered to practice by the Engineers Registration Board (E.R.B).
3. Materials Engineer
He/She shall be responsible for all aspects of quality controls including sampling/testing and certifying the quality control (QC) for the works and maintaining proper records.
Minimum Qualification:
He/She shall have Bachelors degree Civil/Highway Engineering with eight (8) years experience on road and bridge construction projects of which 5 years on similar projects. He/She shall be a registered member of a recognized professional body (EIZ) and registered to practice by an appropriate body such as the Engineers Registration Board (E.R.B). 4. Surveyor
He/She shall be responsible for laying out alignment and providing /monitoring all levels and tolerance during periodic maintenance works.
Minimum Qualification:
He/She shall have a Bachelors Degree in Geomatic/Civil Engineering with ten (10) years work experience including specific experience as surveyor on periodic maintenance projects with 8 years experience; and He/She shall be a registered member of a recognized professional body and registered to practice by an appropriate body such as the Surveyors Institute of Zambia (SIZ).
5. Earthworks foreman
He/She shall be responsible for construction of embankment fill, pavement layers, compaction control and base stabilization control.
Minimum Qualification: Diploma in civil engineering with 8 years work experience as roadwork foreman on roads, dam and/or bridge project
6. Sealing Foreman 3-32 Section VIII Particular Conditions of Contract
He/She shall be responsible for directing and supervising all chip seal operations.
Minimum Qualifications
Diploma in civil engineering with 8 years work experience as sealing foreman on roads, dam and/or bridge project He/She shall have eight (08) years experience as sealing foreman on road projects MUST be registered with EIZ
7. Laboratory Supervisor
He/She shall be responsible for carrying out all laboratory testing and on- site sampling and testing of materials and works.
Minimum Qualifications
He/She shall have a Diploma and eight (08) years experience with concrete and soil testing
All bidders shall provide details of the proposed key personnel and their experience records in the relevant qualification information forms included in section IV.
GCC 13.1 The minimum insurance amounts and deductibles shall be:
(a) for the works, Plant and Materials minimum insurance amount is ZMW55,000,000.00 (b) the maximum amount deductible for the insurance of Works, Plant and Materials is ZMW165,000.00 (c) For loss or damage to equipment: minimum insurance amount is the value of equipment (d) The maximum amount deductible for insurance of equipment is ZMW82,000.00 (e) For loss or damage to property (except the Works, Plant, Materials and Equipment) in connection with the contract is ZMW16,500,000.00 (f) the maximum amount deductible for loss or damage to property (except the Works, Plant, Materials and Equipment) in connection with the contract is ZMW110,000.00 (a) The minimum insurance cover for personal injury or death: (i) for the Contractors employees is, ZMW550,000.00; and (ii) for other people is ZMW550,000.00 Section VIII Particular Conditions of Contract 3-33
GCC 14.1 Site Investigation Reports are: None GCC 19.1 (a) Notwithstanding General Conditions of Contract Clause 19.1, the contractor shall execute the Works in accordance with the Environmental Management Plan (EMP) prepared for the particular Works. Where an EMP does not exist, the clauses contained herein shall form the basis of a management plan.
(b) Notwithstanding the contractors obligation under the above clause (a) the Contractor shall:
i) Implement all measures necessary to conserve and reduce negative impacts on the existing environment. ii) Carry out all necessary works to restore the Site as far as practicable to its original condition or to the approval of the Project Manager. iii) Abide by environmental performance indicators as specified in the National Standard Regulations/Guidelines and clarified necessary by the Project Manager; and measure progress towards achieving environmental objectives during execution and upon completion of the Works. iv) Adhere to the activity implementation schedule agreed upon with the Project Manager to facilitate monitoring activities and adapt impact management to changing and unforeseen conditions.
(c) If the Contractor fails to implement the approved Environmental Management Plan or contravenes any order as instructed by the Project Manager, the Employer shall be entitled to seek legal redress through ZEMA and appropriate penalties may be instituted in accordance with the provisions of the EPPCA of 1990 specified under item 34 (d, e, and g,) and under item 35 (1) and (2) of Statutory Instrument No. 28 of 1997 or under any other appropriate legislation. NOTE: Should the Contractor fail to adhere to safety requirements while carrying out the works with respect to installation of sufficient traffic warning signs (cones, sign posts, chevrons etc) shall be deducted an amount equivalent to the amount specified in the Bills of Quantities for that pay item. GCC 20.1 The Site Possession Date(s) shall be: 14 DAYS AFTER CONTRACT SIGNING GCC21.1 Notwithstanding clause 22.1, the Contractor shall allow full access to the Site and cooperate with representatives of the Employer, for monitoring implementation of the environmental impact mitigation measures, who 3-34 Section VIII Particular Conditions of Contract
will report their findings to the Project Manager for any action. GCC 23.1 & GCC 23.2 Appointing Authority for the Adjudicator: Zambia Association of Arbitrators GCC 24.3 Hourly rate and types of reimbursable expenses to be paid to the Adjudicator: ZMW 350/hour GCC 24.4 Institution whose arbitration procedures shall be used: Zambia Association of Arbitrators. The place of arbitration shall be: Lusaka, Zambia The governing rules shall comply with the Arbitration ACT No. 19 of 2009 B. Time Control GCC 25.1 The Contractor shall submit for approval a Program for the Works within 30 days from the date of the Letter of Acceptance. GCC 25.3 The period between Program updates is 30 calendar days. The amount to be withheld for late submission of an updated Program is ZMW200 Thousand C. Quality Control GCC 32.1 The costs of testing undertaken by the contractor in terms of his obligations to execute the works on all materials and process control, labour, materials etc shall be included in the rates tendered for the various items of work except when stated otherwise. All calculations and test results of material and process control shall be submitted to the Project Manager along with the request for approval. GCC 33.1 The Defects Liability Period is: 365 days. D. Cost Control GCC 40.1 The Employer shall pay the contractor the amount certified by the Project Manager within 28 days of the date of each certificate. Late payment will attract simple interest.The interest rate is: Simple Interest at the prevailing Bank of Zambia lending Rate Interest shall only be chargeable after 56 days beyond the due date. GCC 43.1 The currency of the Employers country is: Zambian Kwacha Section VIII Particular Conditions of Contract 3-35
GCC 44.1 N/A GCC 45.1 The proportion of payments retained is: 10 percent GCC 46.1 The liquidated damages for the whole of the Works are 0.1 percent of the Contract Price per day. The maximum amount of liquidated damages for the whole of the Works is 10 percent of the final Contract Price. Once the maximum value of 10% is attained, the contract shall be terminated. NOTE: Termination of the Contract under these conditions MAY result in the blacklisting the Contractor on future RDA Tenders. GCC 47.1 The Bonus for the whole of the Works is none. The maximum amount of Bonus for the whole of the Works is Nil. GCC 48.1 The Advance Payment shall be: Maximum of 15% of contract sum, upon submission of an acceptable Bank Guarantee of equal amount. Repayment of Advance Payment The advance payment shall be recovered in 14 equal installments commencing when the physical progress has reached 20 per cent and fully recovered when the certified works have reached 78 per cent GCC 49.1 The Performance Security shall be: (i) an Unconditional Bank Guarantee in the amount of 10% of the Contract Price (ii) Performance Bond in the amount of 15% of the Contract Price from any LOCAL insurance companies The Performance Security shall be in the currency of the contract. E. Finishing the Contract GCC 55.1 A complete set of As-built drawings are required 15 days after Completion of the Works. GCC 55.2 The amount to be withheld for failing to produce as built drawings and/or operating and maintenance manuals by the date required in GCC 58.1 is ZMW20 Thousand per day. GCC 56.2 (g) The maximum number of days is: 100 days GCC 58.1 The percentage to apply to the value of the work not completed, representing the Employers additional cost for completing the Works, is 15% of the value of the works not completed. 3-36 Section VIII Particular Conditions of Contract
GCC 61.1 This clause is not applicable to this contract as the project is 100% financed by the Government of the Republic of Zambia.
3-37 Section IX - Contract Forms
Section IX - Contract Forms
This Section contains forms which, once completed, will form part of the Contract. The forms for Performance Security and Advance Payment Security, when required, shall only be completed by the successful Bidder after contract award.
Table of Forms Letter of Acceptance .......................................................................................................... 3-38 Contract Agreement .......................................................................................................... 3-39 Performance Security ........................................................................................................ 3-41 Advance Payment Security ............................................................................................... 3-43
3-38 Section IX - Contract Forms
Letter of Acceptance
[ on letterhead paper of the Employer]
. . . . . . . [date]. . . . . . .
To: . . . . . . . . . .[name and address of the Contractor] . . . . . . . . . .
This is to notify you that your Bid dated . . . . [insert date] . . . . for execution of the . . . . . . . . . .[insert name of the contract and identification number, as given in the Appendix to Bid]. . . . . . . . . . for the Accepted Contract Amount of the equivalent of . . . . . . . . .[insertamount in numbers and words and name of currency], as corrected and modified in accordance with the Instructions to Bidders is hereby accepted by our Agency.
You are requested to furnish the Performance Security within 28 days in accordance with the Conditions of Contract, using for that purpose the of the Performance Security Form included in Section IX (Contract Forms) of the Bidding Document.
[Choose one of the following statements:]
We accept that __________________________[insert the name of Adjudicator proposed by the Bidder] be appointed as the Adjudicator.
[or]
We do not accept that _______________________[insert the name of the Adjudicator proposed by the Bidder] be appointed as the Adjudicator, and by sending a copy of this Letter of Acceptance to ________________________________________[insert name of the Appointing Authority], the Appointing Authority, we are hereby requesting such Authority to appoint the Adjudicator in accordance with ITB 42.1 and GCC 23.1.
Name and Title of Signatory: ........................................................................................................
Name of Agency: ..........................................................................................................................
Attachment: Contract Agreement Section IX - Contract Forms 3-39
Contract Agreement
THIS AGREEMENT made the . . . . . .day of . . . . . . . . . . . . . . . . ., . . . . . . ., between . . . . . [name of the Employer]. . . . .. . . . . (hereinafter the Employer), of the one part, and . . . . . [name of the Contractor]. . . . .(hereinafter the Contractor), of the other part:
WHEREAS the Employer desires that the Works known as . . . . .[name of the Contract]. . . . .should be executed by the Contractor, and has accepted a Bid by the Contractor for the execution and completion of these Works and the remedying of any defects therein,
The Employer and the Contractor agree as follows: 1. In this Agreement words and expressions shall have the same meanings as are respectively assigned to them in the Contract documents referred to. 2. The following documents shall be deemed to form and be read and construed as part of this Agreement. This Agreement shall prevail over all other Contract documents. (a) the Letter of Acceptance (b) the Bid (c) the Addenda Nos . . . . . [insert addenda numbers if any]. . . . . (d) the Particular Conditions (e) the General Conditions; (f) the Specification (g) the Drawings; and (h) the completed Schedules, 3. In consideration of the payments to be made by the Employer to the Contractor as indicated in this Agreement, the Contractor hereby covenants with the Employer to execute the Works and to remedy defects therein in conformity in all respects with the provisions of the Contract. 4. The Employer hereby covenants to pay the Contractor in consideration of the execution and completion of the Works 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 accordance with the laws of . . . . . [name of the borrowing country]. . . . .on the day, month and year indicated above. 3-40 Section IX - Contract Forms
Signed by: Signed by:
for and on behalf of the Employer for and on behalf the Contractor in the presence of: in the presence of:
Witness, Name, Signature, Address, Date Witness, Name, Signature, Address, Date
Section IX - Contract Forms 3-41
Performance Security
[Banks Name, and Address of Issuing Branch or Office]
Beneficiary: ....................................... [Name and Address of Employer]........................................... Date: ............................................................................................................................................ Performance Guarantee No.: ....................................................................................................
We have been informed that . . . . . [name of the Contractor]. . . . . (hereinafter called the Contractor) has entered into Contract No. . . . . . [reference number of the Contract]. . . . . dated . . . . . . . .with you, for the execution of . . . . . . [name of contract and brief description of Works]. . . . . (hereinafter called the Contract). Furthermore, we understand that, according to the conditions of the Contract, a performance guarantee is required. At the request of the Contractor, we . . . . . [name of the Bank]. . . . . hereby irrevocably undertake to pay you any sum or sums not exceeding in total an amount of . . . . . . . . . [name of the currency and amount in figures] 1 . . . . . . (. . . . . [amount in words]. . . . . ) such sum being payable in the types and proportions of currencies in which the Contract Price is payable, upon receipt by us of your first demand in writing accompanied by a written statement stating that the Contractor is in breach of its obligation(s) under the Contract, without your needing to prove or to show grounds for your demand or the sum specified therein. This guarantee shall expire, no later than the . . . . . Day of . . . . . . . . . . , . . . . . . 2 , and any demand for payment under it must be received by us at this office on or before that date. This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No. 458, except that subparagraph (ii) of Sub-article 20(a) is hereby excluded.
Note All italicized text is for guidance on how to prepare this demand guarantee and shall be deleted from the final document.
1 The Guarantor shall insert an amount representing the percentage of the Contract Price specified in the Contract and denominated either in the currency(ies) of the Contract or a freely convertible currency acceptable to the Employer.
2 Insert the date twenty-eight days after the expected completion date. The Employer should note that in the event of an extension of the time for completion of the Contract, the Employer would need to request an extension of this guarantee from the Guarantor. Such request must be in writing and must be made prior to the 3-42 Section IX - Contract Forms
expiration date established in the guarantee. In preparing this guarantee, the Employer might consider adding the following text to the form, at the end of the penultimate paragraph: The Guarantor agrees to a one-time extension of this guarantee for a period not to exceed [six months][one year], in response to the Employers written request for such extension, such request to be presented to the Guarantor before the expiry of the guarantee.
Section IX - Contract Forms 3-43
Advance Payment Security
[Banks Name, and Address of Issuing Branch or Office]
Beneficiary: ...................................... [Name and Address of Employer] .......................................... Date: ............................................................................................................................................ Advance Payment Guarantee No.: ...........................................................................................
We have been informed that . . . . . [name of the Contractor]. . . . . (hereinafter called the Contractor) has entered into Contract No. . . . . . [reference number of the Contract]. . . . . dated . . . . . . . .with you, for the execution of . . . . . . [name of contract and brief description of Works]. . . . . (hereinafter called the Contract). Furthermore, we understand that, according to the Conditions of the Contract, an advance payment in the sum . . . . . [name of the currency and amount in figures] 1 . . . . . .(. . . . .[amount in words]. . . . . )is to be made against an advance payment guarantee. At the request of the Contractor, we . . . . . [name of the Bank]. . . . . hereby irrevocably undertake to pay you any sum or sums not exceeding in total an amount of . . . . . [name of the currency and amount in figures]*. . . . . .(. . . . . [amount in words]. . . . . )upon receipt by us of your first demand in writing accompanied by a written statement stating that the Contractor is in breach of its obligation under the Contract because the Contractor used the advance payment for purposes other than the costs of mobilization in respect of the Works. It is a condition for any claim and payment under this guarantee to be made that the advance payment referred to above must have been received by the Contractor on its account number . . . . . [Contractors account number]. . . . . at . . . . . [name and address of the Bank]. . . . . . The maximum amount of this guarantee shall be progressively reduced by the amount of the advance payment repaid by the Contractor as indicated in copies of interim statements or payment certificates which shall be presented to us. This guarantee shall expire, at the latest, upon our receipt of a copy of the interim payment certificate indicating that eighty (78) percent of the Contract Price has been certified for payment, or on the . . . day of . . . . . . . , . . . . . 2 , whichever is earlier. Consequently, any demand for payment under this guarantee must be received by us at this office on or before that date. This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No. 458.
Note All italicized text is for guidance on how to prepare this demand guarantee and shall be deleted from the final document.
1 The Guarantor shall insert an amount representing the amount of the advance payment denominated either in the currency(ies) of the advance payment as specified in the Contract, or in a freely convertible currency acceptable to the Employer. 3-44 Section IX - Contract Forms
2 Insert the expected expiration date of the Time for Completion. The Employer should note that in the event of an extension of the time for completion of the Contract, the Employer would need to request an extension of this guarantee from the Guarantor. Such request must be in writing and must be made prior to the expiration date established in the guarantee. In preparing this guarantee, the Employer might consider adding the following text to the form, at the end of the penultimate paragraph: The Guarantor agrees to a one-time extension of this guarantee for a period not to exceed [six months][one year], in response to theEmployers written request for such extension, such request to be presented to the Guarantor before the expiry of the guarantee.
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SECTION X SPECIFICATIONS & PERFORMANCE REQUIREMENTS (TECHNICAL SPECIFICATIONS)
The Specifications & Performance Requirements (also referred as Technical Specifications) to be used for this Contract are in three Parts as follows:
Part 1. The General Specification is the Draft SATCC Standard Specification for Road and Bridge Works, September 1998, (reprinted July 2001), prepared by the Division of Roads and Transport Technology, CSIR, and hereinafter referred to as the Standard Specifications.
Part 2. The Specifications of Particular Application
Part 3.Environmental Guidelines for Road Rehabilitation and Maintenance Works, 1997 published by and available from the Ministry of Transport and Communications, Lusaka, Zambia.
Part 1, The SATCC Standard Specification and Part 3, The Environmental Guidelines for Road Rehabilitation and Maintenance Works, 1997 are not included in this volume but may be obtained from Road Development Agency. Part 2 is bound into this document.
The Specifications of Particular Application (SPA) shall complement, amend or supplement the Standard Specification for Roads and Bridges. Whenever there is conflict, the provisions of SPA shall prevail over the General SATCC Specification.
Any reference in the General SATCC Specification to the maintenance period shall be construed as referring to the defects liability period.
The Contractor shall also execute the Works generally in accordance with Part 2, Section C, the Special Environmental Specifications and Part 3, Environmental Guidelines of these specifications. In the event of any differences between the Special Environmental Specifications and the Environmental Guidelines, the former shall take precedence.
Equivalency of Standards and Codes
Wherever reference is made in the contract to specific standards and codes to be met by the materials, plant, and other supplies to be furnished, and work to be performed or tested, the provisions of the latest current edition or revision of the relevant standards and codes currently in effect shall apply, unless otherwise expressly stated in the contract. Where such standards and codes are national, or relate to a particular country or region, other authoritative standards which ensure a substantially equal or higher performance than the standards and codes specified will be accepted subject to the Project Manager's prior review and written approval. Differences between the standards specified and the proposed alternative standards must be fully described in writing by the Contractor and submitted to the Project Manager at least 28 days prior to the date when the Contractor desires the Project Manager's approval. In the event the Project Manager determines that such proposed deviations do not ensure substantially equal performance, the Contractor shall comply with the standards specified in the documents.
47
Part 1: GENERAL SPECIFICATIONS OF PARTICULAR APPLICATION
The General Specifications is the Draft SATCC Standard Specification for Road and Bridge Works, September 1988, (reprinted July 2001), prepared by the Division of Roads and Transport Technology, CSIR, and hereinafter referred to as the Standard Specifications is not included in this document.
Part 2 : SPECIFICATIONS OF PARTICULAR APPLICATION
All the requirements of Part 1 of the Technical Specifications relating to materials, quality and workmanship, together with all tests specified shall be adhered to except where modified by the terms of these Specifications of Particular Application as set forth hereinafter. The same section number of part 1 is followed for modification of corresponding section in part2 with a prefix B. The role of the Engineer in part 1 will be performed by the Project Manager defined in General Conditions of Contract.
The terminology used in the SATCC Standard Specifications for alterations, modifications or additions is Project Specifications and all reference in this Part 2 to Specifications of Particular Application will be referred to as Project Specifications.
3-48 Section IX - Contract Forms
TABLE OF CONTENTS
SECTION A: GENERAL...................................................................................................... 51 A1 MISCELLANEOUS ..................................................................................................51 A2 DESCRIPTION OF THE WORKS .........................................................................51 A3 DRAWINGS .................................................................................................................53 A4 POWER SUPPLY AND OTHER SERVICES .......................................................53 A5 CONTRACTOR'S CAMP SITE ..............................................................................53 A6 SECURITY .................................................................................................................54 A7 WATER FOR CONSTRUCTION PURPOSES .....................................................54 A8 ENVIRONMENTAL MITIGATION ......................................................................54 A9. ADDITIONAL REQUIREMENTS FOR CONSTRUCTION ACTIVITIES .....56 A10 ACCESS TO SITE ....................................................................................................59 A11 EXTENSION OF TIME RESULTING FROM ABNORMAL RAINFALL ......60 A12 OWNERSHIP OF ITEMS SUPPLIED UNDER SECTION 1400 FOR USE BY THE PROJECT MANAGER'S SITE PERSONNEL ............................................60 A13 TENDER SECURITIES ...........................................................................................60 A14 SUBMISSION OF QUALITY ASSURANCE PLAN ..........................................60 A15 CONTRACTOR'S ESTABLISHMENT ON SITE AND GENERAL OBLIGATIONS .........................................................................................................61 SECTION B: MATTERS RELATING TO THE STANDARD SPECIFICATIONS ..... 61 SECTION B1100: DEFINITIONS AND TERMS .........................................................61 B1113 GENERAL CONDITIONS OF CONTRACT ........................................ 61 B 1127 ROAD RESERVE ............................................................................................ 62 SECTION B1200: GENERAL REQUIREMENTS AND PROVISIONS ...................62 B1205 WORKMANSHIP AND QUALITY CONTROL ................................. 62 B1206 THE SETTING OUT OF WORK AND PROTECTION OF BEACONS 62 B1207 NOTICES, SIGNS AND ADVERTISEMENTS ....................................... 63 B1209 PAYMENT ................................................................................................. 63 B1210 CERTIFICATE OF COMPLETION OF THE WORKS ....................... 63 B1224 THE HANDING-OVER OF THE ROAD RESERVE .......................... 64 B1225 HAUL ROADS .......................................................................................... 64 B1227 MONTHLY SITE MEETINGS ................................................................... 65 B I230 REPORTING OF ACCIDENTS ..................................................................... 65 SECTION B1300 CONTRACTOR'S ESTABLISHMENT ON SITE AND GENERAL OBLIGATIONS ....................................................................................65 B1301 SCOPE ........................................................................................................ 65 B1302 GENERAL REQUIREMENTS ............................................................... 65 B13.04 Instituting and HIV/AIDS awarenesscampaign ...................................... 67 B13.05 Instituting and HIV/AIDS preventin campaign ...................................... 67 SECTION B1400 HOUSING, OFFICES AND LABORATORIES FOR THE PROJECT MANAGERS SITE PERSONNEL .....................................................67 B1402 OFFICE AND LABORATORIES ................................................................... 67 B1403 HOUSING........................................................................................................ 81 B1404 SERVICES ....................................................................................................... 83 B1405 PROVISION OF VEHICLES .................................................................. 87
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B 1406 GENERAL ................................................................................................. 87 B1407 MEASUREMENT AND PAYMENT ............................................................. 87 SECTION BI500 ACCOMMODATION OF TRAFFIC ................................................90 BI502 GENERAL REQUIREMENTS .................................................................... 90 B 1503 TEMPORARY TRAFFIC-CONTROL FACILITIES ................................... 91 B 1504 WIDTH OF DIVERSIONS ............................................................................. 92 B 1505 TEMPORARY DRAINAGE WORKS ........................................................... 93 B 1510 EXISTING ROADS USED AS DIVERSIONS.................................................. 93 B 1511 MAINTENANCE OF GRAVEL DIVERSIONS AND EXISTING GRAVEL ROADS USED ASDIVERSIONS ................................................................................... 93 MEASUREMENT AND PAYMENT ............................................................................. 93 SECTION B 1600: OVERHAUL .....................................................................................94 B1602 DEFINITIONS ................................................................................................. 94 SECTION B1700 CLEARING AND GRUBBING ......................................................94 B1701 SCOPE ............................................................................................................ 94 B1703 EXECUTION OF WORK ............................................................................. 94 SECTION B3100: BORROW MATERIALS .................................................................95 B3102 NEGOTIATIONS WITH OWNERS AND AUTHORITIES ..................... 95 B3104 OBTAINING BORROW MATERIALS ................................................ 96 B3108 CLASSIFICATION OF BORROW PITS FOR GRAVEL MATERIALS FOR PAVEMENTLAYERS ........................................................................................ 96 B3109: MEASUREMENT AND PAYMENT ............................................................. 96 SECTION B3200: SELECTION, STOCKPILING AND BREAKING-DOWN THE MATERIAL FROM BORROW PITS AND CUTTINGS, AND PLACING AND COMPACTING THE GRAVEL LAYERS .................................................97 B 3203 STOCKPILING THE MATERIAL ................................................................. 97 SECTION B3300 MASS EARTHWORKS .................................................................98 B3301 SCOPE ............................................................................................................ 98 B3302 MATERIALS ................................................................................................. 98 B3305 TREATING THE ROADBED ...................................................................... 98 B3306 CUT AND BORROW ................................................................................... 99 B3307 FILLS .......................................................................................................... 99 B3308 FINISHING OF SLOPES ...................................................................... 100 B3312 MEASUREMENT AND PAYMENT ................................................. 101 SECTION B3400: PAVEMENT LAYERS OF GRAVEL MATERIAL ...............101 B 3401 SCOPE ..................................................................................................... 101 B 3402 MATERIALS ......................................................................................... 101 B3403 CONSTRUCTION ......................................................................................... 103 B 3404 PROTECTION AND MAINTENANCE ................................................... 103 SECTION B3500 STABILIZATION .........................................................................104 B3502 MATERIALS ................................................................................................. 104 B3503 CHEMICAL STABILIZATION .......................................................... 106 B3505 TOLERANCES ....................................................................................... 106 B3506 QUALITY OF MATERIALS AND WORKMANSHIP .................. 107 B3507 MEASUREMENT AND PAYMENT ........................................................ 107 B3508 STABILIZATION WORK IN RESTRICTED AREAS (Additional clause) 107 SECTION 4000 ASPHALT PAVEMENTS AND SEALS .......................................108 SECTION B 4100 PRIME COAT .............................................................................108 B4102 MATERIALS ............................................................................................... 108 B 6404 CONCRETE QUALITY ......................................................................... 108 3-50 Section IX - Contract Forms
SECTION B 7100: TESTING MATERIALS AND WORKMANSHIP .................109 B 7108 TESTING TAR, B1TUMEN AND ASPHALT ....................................... 109 "B 7116 TESTS ON RETRO-REFLECTIVE MATERIAL FOR USE ON ROAD SIGNS ............................................................................................................. 109 PART C: SPECIAL WORKS ............................................................................................. 111 SECTION C10100: SPECIAL ENVIRONMENTAL SPECIFICATIONS ...............111 CI0101 GENERAL ............................................................................................... 111 CI0102 MATERIAL EXTRACTION .................................................................... 111 CI0103 REINSTATEMENT OF THE SITE .......................................................... 111 CI0104 WATER RESOURCES MANAGEMENT ........................................ 112 CI0105 ENVIRONMENTAL HEALTH AND SAFETY .............................. 112 CI0106 DISPLACEMENT AND RESETTLEMENT .................................... 113 CI0107 MEASUREMENTS AND PAYMENTS ............................................ 113 Section IX. Drawings/Maps................................................................................................ 115
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Part 2: SPECIFICATIONS OF PARTICULAR APPLICATION
SECTION A: GENERAL
A1 MISCELLANEOUS
The Standard Specifications that form part of this Contract have been written to cover all phases of work normally required for road and bridge contracts, and may therefore cover items of work not applicable to this particular Contract.
The Project Specifications form an integral part of the Contract Documents, supplement the Standard Specifications, and take precedence in the event of discrepancies with the Standard Specifications, the Bill of Quantities or the Drawings as per GCC Cl. 2.3.
A2 DESCRIPTION OF THE WORKS
(a) The Project
Introduction
The RD54 Road in Muchinga Province of Zambia runs as a loop from Mpika via Katibunga through Chief Mukungule-LufilaKakoko-Kalalantekwe. It is the objective of the Government of the Republic of Zambia to improve the link between the above surrounding places for easy delivery of farming inputs, services and sale of farm by Constructing and upgrading to bituminous standard and re-alignment of the road (RD54) from Chiief Mukungules Area at Mwaleshi river Lufila-Kakoko to Kalalantekwe Lot 2 under the link Zambia 8000 road project in Muchinga Province
Lot 2 project assumes Km 0+000 at Mwaleshi River in Chief Mukungules and Km 78+000 at Kalalantekwe (RD54/T002 Junction).
Project description
The Contract will comprise of the Construction and upgrading to bituminous standard of the Mpika via Katibunga through chief Mukungule Lufila-Kakoko to Kalalantekwe (RD54/T002 junction) road and Lot 2, will approximately be 78 km (Km 0+000 Km 78+000) of main road (6.5m carriageway + 2* 1.5 m shoulders). Bush clearing, earthworks, construction of road formation, Subgrade, and construction of road pavement layers with Double Seal Surface Dressing to the carriageway.
1. Nature of the Work
The description of the project as provided in this section is merely an outline of the Contract Works and shall not be regarded as limiting the amount of work to be done by the contractor under this contract. Approximate quantities of each type of work to be carried out in accordance with the contract documents are listed in the Schedule of Quantities bound in Section VIII.
The nature of the work required under this project is summarised in sections as follows: 3-52 Section IX - Contract Forms
5.1 Preliminary and General Activities, which will include:
Establishment of the contractor on site Establishment of temporary camp and providing the engineers supervisory staff with offices and laboratories including all required equipment and supplementary staff Provision of housing and transport for the engineers supervisory staff Accommodation of traffic Process control of materials and of workmanship Maintenance of the works during the 12 month Defects Liability Period
5.2 Road Related Works
Excavating of drainages and installation of water crossing structures Priming and surfacing with a double surface seal Construction of the road formation and sub grade Construction of pavement layers Construction of stabilised Base Construction of a 6.5m wide carriage way with 1.5m of shoulder on both sides of the carriage way
5.4 Ancillary related works
Construction of Lay-bys Provision of temporary and permanent road markings Erection of road signs Installation of guard rails;
The Project Manager may amend this table to suit the final design arising from the design review exercise.
5.5.2 Material Sources
Preliminary investigation regarding materials sources for fill and pavement layers was not carried out.
All other construction materials may be procured from commercial sources or produced from own quarry in case of crushed stone.
The Contractor shall be responsible for ascertaining the necessary information himself, regarding the sources, qualities and quantities of construction materials available and required for the works to be constructed as per the contract requirements.
(a) Geotechnical information
Geotechnical investigations regarding soil conditions, soil profiles and borrow pits testing has not been carried out.
53
A3 DRAWINGS
The drawings that form part of the tender documents are to be used for tender purposes only.Any information in the possession of the Contractor that is required by the Project Manager to complete his as-built drawings must be supplied to the Project Manager before a certificate of completion will be issued. Only figured dimensions must be used and drawings must not be scaled unless required by the Project Manager. The Project Manager will supply any figured dimensions that may have been omitted from the drawings.
These drawings may be, amended, superseded or supplemented by further drawings as the Project Manager may, from time to time, consider necessary for the satisfactory completion of the works. It shall be the Contractor's responsibility to construct all works in conformity with the latest revision, amendment or superseding drawings current at the time of construction of such works, provided always that the Project Manager has given to the Contractor such reasonable prior notice of intention to revise, amend or supersede as the nature of the revision, amendment or super-session requires, and the necessary revised, amended or superseding drawings have been issued to the Contractor.
A4 POWER SUPPLY AND OTHER SERVICES
The Contractor must make his own arrangements concerning the supply of electrical power and all other services. No direct payment will be made for the provision of electrical and other services. The cost of providing these services will be deemed to be included in the rates and amounts tendered for the various items of work for which these services are required.
A5 CONTRACTOR'S CAMP SITE
No arrangements have been made for the Contractor's camp. The Contractor shall provide a suitable site for his camp and for accommodating his labourers. There is no suitable Departmental land available for a campsite and the Contractor will have to negotiate by private treaty with the local authorities or landowners for the formal lease of such land.
Before the erection of his camp office, stores, plant, accommodation or any other facilities, the Contractor shall satisfy the Project Manager that he is familiar with and has taken due cognizance of any pertinent local by-laws, availability of services and statutory regulations. The Contractor's attention is specifically drawn to the regulations pertaining to the accommodation of labourers.
The Contractor shall provide accommodation for the Project Manager's supervisory staff according to the requirements of Section 1400, including electricity and potable water. The Project Manager's accommodation may be erected within the Contractor's approved site, or at another suitable location close to the site.
The Contractor shall provide adequate portable toilet units along the road and at the bridge construction site for use by all his personnel during working hours. The units shall be within walking distance of the place of work.
3-54 Section IX - Contract Forms
A6 SECURITY
The Contractor shall be responsible for the security of his camp and for his personnel and Constructional Plant on and around the Site of the Works.
A7 WATER FOR CONSTRUCTION PURPOSES
The contractor will be solely responsible to obtain water for construction purposes and portable water for domestic use. No separate compensation will be made for procuring and obtaining water, which cost will be deemed to be included in the unit work rates. The Contractor shall source water for road construction from any source approved by the Project Manager
A8 ENVIRONMENTAL MITIGATION
The Contractor must respect the Special Environmental Specifications, included as Part C in this document. The contractor and his subcontractors shall comply with the following measures and requirements.
(a) An Environmental Supervisor (ES) who will be appointed by the contractor and approved by the Project Manager; will be in charge of the people at the construction site and will give instructions on the implementation of environmental aspects during all project phases. The ES will monitor and give recommendations on the application of good environmental management. His/her responsibilities will include:
Monitoring and ensuring compliance of all the workers to the specific contractual regulations; Execution and monitoring of an environmental monitoring program; Ensuring that the existing natural forest and plantations and any wildlife along the route of the road are protected Continuous contact with the subcontractors and with local communities; Training of all the Contractor's workers on environmental awareness; Ensuring that all the disturbed areas during the construction phase are efficiently rehabilitated as soon as possible.
(b) Reporting on Environmental Matters The reporting on environmental matters shall be undertaken as follows: The ES shall complete a project Start-Up inspection Sheet prior to the commencement of the contract (or at the site handover). This inspection Sheet will be attached to the minutes of the first site meeting and forwarded to the Environmental Control Officer if one is appointed, or the Employer; The ES shall complete monthly Routine inspection Sheets (or more often if required), which will form the basis of the environmental reporting required at site meetings. The ES shall complete a Site Closure Report on completion of the contract to be forwarded to the Project Manager or the Employer; Instructions and communications on site to the Contractor, concerning environmental matters, shall be recorded in the site instruction book/site diary.
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(c) Management of Environmental Incidents The management of environmental incidents will be based on adequate procedures based on a specific protocol of hazards and incidents notification. A report of all incidents will be presented and appropriate measures will be always taken to minimize any likely impact. The Environmental Council of Zambia (ECZ) will be informed on any environmental incident, in accordance with the legal requirements. The notification of an environmental incident and/or accidents will include but will not be restricted to the following aspects:
Location of the incident/emergency; Relevant environmental authority; Name and phone number of the designated contact person; Time of the incident; Suspected cause of the incident or emergency; Environmental damage or disturbance caused or suspected to have been caused by the incident or emergency; Action taken to avoid future occurrence of the incident and to mitigate the impact caused by this incident. The procedures for the presentation of environmental complaints will be elaborated within one month of the contract start date, by the contractor, to the approval of the Project Manager, and will be adhered to during the construction phase. The procedures shall contain among other entries the following:
The title of the issue; Date of registration of the issue; Notifying and notified and respective signatures; Contact details of the person; Description of the issue; Proposed action to solve the problem; Expected time to solve the problem; Responsible person for the closure of notifications; Additional applicable annotations.
(d) State of Preparedness for Emergencies Before the start of any field activity, a plan for emergency situations will be prepared by the contractor and submitted to the Project Manager for his approval. It will be elaborated according to the best practices used for this sector. Individual plans for emergency situations will be designed for various operation aspects for example accidents and spills of chemicals. The approach with respect to notification and response to emergence will be based on ISO 14001 environmental management systems guidelines.
(e) The width of bush clearing is limited to 2 m beyond the limits of the road prism.
(f) The Contractor's camp site must be located in an already cleared area. If this is not possible the area must be approved by the Project Manager prior to any 3-56 Section IX - Contract Forms
clearing.
(g) Suitable waste disposal areas must be provided to serve the construction camp site. The selection of these sites must be done taking due cognizance of environmental considerations as well as the surrounding communities.
(h) The Contractor's camp site must be rehabilitated after completion of the works.
(i) All borrow and other cleared areas must be covered by the topsoil originally excavated from these areas and the growth of natural grass cover must be promoted.
(j) No firewood may be collected by the Contractor or his personnel except from the areas cleared for construction.
(k) No wild life may be disturbed or killed by the Contractor or his personnel.
(I) Hazardous materials such as diesel, bituminous products, cement, etc must be transported, stored and applied in a controlled manner to eliminate or minimize the risk of contamination of the environment.
(m) Borrow areas must be accessed by a single access and must not be closer than 100m from the main road
(n) Borrow areas must be screened by natural vegetation or topographical features wherever possible. The location of the borrow areas must be finalized in consultation with the Project Manager.
(0) The ponding of depleted borrow areas may be considered in consultation with the Project Manager.
(p) Natural drainage routes must be maintained through or around borrow areas.
No additional payment will be made for any of the above measures. The tendered rates for the work are considered to include full compensation for any additional actions to comply with the above requirements.
Failure of the Contractor to comply with the foregoing will be ample reason for the Project Manager to suspend all work until the environmental mitigation measures are rectified.
A9. ADDITIONAL REQUIREMENTS FOR CONSTRUCTION ACTIVITIES
A9.1 Safety The travelling public shall have the right of way on public roads. The Contractor shall make use of approved methods to control the movement of his equipment and vehicles so as not to constitute a hazard on the road.
The Contractor shall nominate a safety officer who will be responsible at all times,
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including after hours, nights, weekends and public holidays, for the safety of the work area and the accommodation of traffic.
Failure to maintain road signs, warning signs and flicker lights in good working conditions shall constitute ample reason for the Project Manager to suspend work until such road signs and road safety ancillaries have been repaired or reinstated to the Project Manager's satisfaction.
The Contractor may not commence construction activities before adequate provision has been made to accommodate traffic in accordance with the requirements of the specifications and drawings.
A9.2 Areas Available for Stockpiles
The Contractor shall arrange his own stockpile sites and shall ensure that he conforms to all relevant legislation and regulations which terms of compliance should be for the Contractor's cost. The sites must be approved by the Project Manager.
A9.3 Dump Sites
The Contractor shall arrange his own dump sites and shall ensure that he conforms to all relevant legislation and regulations which terms of compliance should be for the Contractor's cost. The sites must be approved by the Project Manager. All dumping costs will be borne by the Contractor.
A9.4 Bituminous Products
The Project Manager must approve storage sites for all bituminous products in the road reserve, or on private property prior to their being used. The containers used for storage must be free of leaks and placed on a firm surface. No spoiling of any bituminous products will be allowed in any area. Unused or rejected products will be removed from site and returned to the supplier. Solvents used for flushing spray tankers, will be treated likewise. No additional payment will be made for the preparation of storage sites and the disposal of materials.
A9.5 Fauna and Flora
The Contractor shall cause no damage to fauna and flora. If, in the opinion of the Project Manager, this happens, the Project Manager is entitled to initiate prosecution by the relevant authorities.
A9.6 Accommodation of Traffic
Accommodation of traffic will be as follows: 42.1.a.i.1.1.1.1.1 Km 0+000 Km 78+000 Traffic accommodated on temporary gravel bypasses constructed within the road reserve parallel to the existing road. The bypasses shall be maintained and watered regularly by the contractor.
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A9.7 Traffic volumes
There is very little traffic on this Road; there are no existing traffic counts. The contractor must make due allowance in his programme of work for growth in the volume of traffic. The contractors tendered rates for the relevant items in the schedule of quantities shall include full compensation for all possible additional costs that may arise from this. No claims for extra payment due to inconvenience as a result of the possible change of the modus operandi required to ensure satisfactory flow and safety of traffic at all times will be considered.
A.9.8 Overhaul
All haul within and outside the boundaries of the site will be regarded as free haul, and payment will be made for overhaul on this contract. No payment for overhaul will be considered for material disposed of, or hauled within or beyond the limits of the site. Overhaul will be payable for materials imported from commercial sources and from designated borrow pits alongside the road.
A9.9 Blasting activities
Wherever blasting activity is required on the site, including the widening of cuts, realignment of road levels, quarries and/or borrow pits, the contractor shall rigorously adhere to the relevant statutes and regulations that control the use of explosives. In addition, the contractor shall, prior to any drilling of holes in preparation for blasting, supply the engineer with a locality plan of the blast site on which shall be shown the zones of influence of the ground and air shock-waves and expected limits of fly-rock. The plan shall show each dwelling, structure and service within the zones of influence and record all details of the dwellings/structures/services including existing positions, lengths and widths of cracks, as well as the condition of doors, windows, roofing, wells, boreholes etc. The contractor, alone, shall be responsible for any costs that can be attributed to blasting activities, including the collection of fly-rock from adjacent lands and fields. The submission of such a plan shall not in any way absolve the contractor from his responsibilities in this regard. The contractor shall also indicate to the engineer the manner in which he intends to advertise to the adjacent communities and/or road users the time and delays to be expected for each individual blast. Blasting regulations falls under the jurisdiction of:
Mines and Safety Department Ministry of Mineral and Energy Affairs Government of Zambia P.O. Box 21006 Kitwe, Zambia
Before commencing with any blasting, the contractor shall be responsible to obtain the necessary permits for all activities relating to the blasting operation and for full compliance with the applicable regulations.
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A10 ACCESS TO SITE
A10.1 Co-operation with others on the Site
All work shall be carried out in such a way as to allow access and afford all reasonable facilities for any other Contractor and his workmen and for the workmen of the Employer and any other person who may be employed in the execution and/or operation at or near the site of any work in connection with the Contractor or otherwise.
The Contractor shall endeavor to co-operate with such persons and shall observe all the instructions and orders of the Project Manager in that connection. In the preparation of his programme of Work the Contractor shall at all times take full account of and co-ordinate with the programming of work of other contractors.
A10.2 Roads and Bridge Site to be kept Clean
The Contractor shall take great care and all reasonable precautions to ensure that roads, bridge site and thorough fares used by him either for the construction of the works or for the transport of plant, labour and materials are kept clean of any dirt. If, in the opinion of the Project Manager, as a result of the action of construction plant or transport the roads become dirtied the Contractor shall take all necessary and immediate steps to clean the affected roads.
A10.3 Programme and Method of Working
The Contractors programme of works shall be submitted to the Project Manager in terms of the General Conditions of Contract. The programme of works shall be comprehensive and contain, amongst other things, all main tasks, logical links between tasks, critical path, number of teams and equipment per task, task duration, planned production rates and non-working days. The programme shall be updated and submitted to the Project Manager at least monthly or at such other intervals as the Project Manager may request.
The method of working to be adopted shall be such as to permit the satisfactory completion of the Works and to limit disturbance and damage to a minimum. Standard MTENR/latest environmental guidelines applicable to the Zambias road sector must be strictly adhered to.
Construction plant and equipment used in the execution of the Works shall be of a design and be used in a manner approved by the Project Manager. The Project Manager may at any time withdraw his approval and the Contractor shall immediately adopt another method of working and if such change shall be required to achieve satisfactory progress or workmanship the Contractor shall have no claim against the Employer for costs incurred by him in changing the method of working or in the provision and use of other plant.
A10.4 First Aid
The Contractor's attention is drawn to the fact that the work has to be executed in an 3-60 Section IX - Contract Forms
area where poisonous snakes may be present and where malaria is prevalent. It is a requirement of this contract that the Contractor shall provide and maintain, as part of his establishment on site, comprehensive first aid facilities which must include complete first aid kits with snake-bite serum at strategic points on the operational areas of the works. Used or out dated articles and serum must be replaced from time to time as necessary. Suitable anti-malaria tablets must also be kept on site. It is a further requirement of this Contract that a registered qualified first aid person must be stationed on the site. He or she should be equipped with the necessary equipment to provide assistance for any medical emergency that may occur on site. Apart from supplies like drips, blood plasma etc., he or she must have apparatus such as ventilators, officiators etc. as part of his / her equipment. The cost of above (labour and equipment) must be 'included in the Contractor's rates and no additional payment will be made for such obligations.
A11 EXTENSION OF TIME RESULTING FROM ABNORMAL RAINFALL
It must be noted that the extension of time resulting from abnormal rainfall shall not be regarded as an event for which additional compensation can be claimed. This means that no additional payments what so ever will be made, including no additional payments under any obligations, regardless of the length with which the contract period may be extended due to abnormal rainfall. However, the flooding of the rivers which will subsequently affect the flooding of the working site may be one of the exceptional circumstances and this decision will be made by the Project Manager. The bidder must be aware that some of his access roads and haul roads may pass through flood prone areas, and must take this into account.
A12 OWNERSHIP OF ITEMS SUPPLIED UNDER SECTION 1400 FOR USE BY THE PROJECT MANAGER'S SITE PERSONNEL
Note must be taken of the second last paragraph under "General: Method of Payment" on page 1400-8 of the Standard Specifications.
This paragraph shall also be deemed to mean that the ownership of all the items provided under section 1400, as specified in the project specifications, shall revert back to the Contractor at the end of the Contract Period, unless otherwise indicated in the Technical Specifications.
A13 TENDER SECURITIES
Note that tender securities provided by certain banks may not be acceptable. The bank from which the tender security is obtained will be subject to the approval of the Employer.
A14 SUBMISSION OF QUALITY ASSURANCE PLAN
A Quality Assurance Plan complying with the Employer's specifications shall be submitted together with the Programme of Works as required by Clause 14.1 of the
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Conditions of Particular Application. The programme of work shall clearly show sequence of activities and anticipated quantities of work to be performed each month.
A15 CONTRACTOR'S ESTABLISHMENT ON SITE AND GENERAL OBLIGATIONS
The Contractor's attention is drawn to the requirements detailed in Section 1500 with respect to accommodation of public traffic. The road is an important link in the network and therefore interruption to traffic shall be minimized.
Part 2: SPECIFICATIONS OF PARTICULAR APPLICATION (CONTD)
SECTION B: MATTERS RELATING TO THE STANDARD SPECIFICATIONS The SATCC Standard Specifications for Road and Bridge Works, September 1998, (Reprinted July 2001).
PROJECT SPECIFICATIONS & PERFORMANCE REQUIREMENTS REFERRED TO IN THE STANDARD SPECIFICATIONS AND ADDITIONAL SPECIFICATIONS
In certain clauses in the Standard Specifications, allowance is made for a choice to be specified in the Project Specifications between alternative materials or methods of construction and for additional requirements to be specified to suit a particular contract. Details of such alternatives or additional requirements applicable to this Contract are contained in this part of the Project Specifications. It also contains some additional specifications required for this particular contract.
The number of each clause and each payment item in this part of the project specifications consists of the prefix "B" followed by the number corresponding to the relevant clause or payment item in the standard specifications. The number of a new clause or a new payment item which does not form part of a clause or a payment item in the standard specifications and is included here, is also preceded by "B" followed by a new number. The new numbers follow on the last clause or item number used in the relevant section of the standard specifications.
SECTION B1100: DEFINITIONS AND TERMS
B1113 GENERAL CONDITIONS OF CONTRACT
Replace this clause with the following:
"The General Conditions of Contract shall consist of two parts with Part 1 being the 'Conditions of Contract for Works of Civil Engineering Construction,' as World Banks Standard Bidding Document for procurement of works for smaller contracts (2004), and Part 2, titled Special Conditions of Contract, which contains the variations and additions to Part 1."
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B 1127 ROAD RESERVE
Replace this clause with the following:
"For the purposes of this contract the area of the Road Reserve will be defined to be the length of the new road, measured along its centre line, multiplied by the width of the road reserve, which shall alter according to the following, always taking the greatest width as applicable: (i). width is equal to 60m (30m on either side of centre line); or (ii). width is equal to the greatest width of the road prism plus 10,0 m on either side of the road prism; or (iii). the width required to accommodate the construction of junctions from limit of construction to limit of construction of the adjoining road or up to one of the cases indicated in (i) or (ii) above, (iv). including site for spot improvements (v). any additional roads used as detours"
SECTION B1200: GENERAL REQUIREMENTS AND PROVISIONS
B1205 WORKMANSHIP AND QUALITY CONTROL
Add the following to the first paragraph:
"The Contractor shall, together with the Project Manager, formulate a Quality Assurance Plan (QAP) that shall comply with the guidelines of the Employer prior to the commencement of the works. The QAP shall be submitted together with the programme as indicated in subclause 14.1 of the General Conditions of Contract".
B1206 THE SETTING OUT OF WORK AND PROTECTION OF BEACONS
Add the following:
"Reference beacons have not been determined but will be available prior to commencement of works and will be placed along the route. Once these are established, the Contractor shall first verify the co-ordinates and levels of the reference beacons. The Contractor shall then relocate the road pegs and verify all levels before submitting the verified levels for the Project Manager's approval.
Construction work may only commence once the Project Manager's approval for all verified co-ordinates and levels of reference beacons as well as cross-section levels, has been obtained.
The Contractor shall supply the Project Manager with cross-sections (hard copy and electronic format) of the existing road taken every 20m on the fixed road alignment before and after the topsoil has been stripped.
The Contractor's tendered rates for the construction of the works shall include full compensation for all the costs required for the verification of the reference beacons, the re-location and re-co-ordination (X, Y an Z) of any beacons which are affected by
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the works, the verification of the staking of the road and the re-staking of any pegs which may have been dislocated or disturbed since the Project Manager's staking was done, verification of the levels, the taking of cross-sections at 20m intervals, the taking of long sections at all proposed bridge positions (these may include extensions of the drainage lines on the inlet and outlet sides to beyond the road reserve in order to ensure sufficient fall for the inlet and or outlet side), and for any other survey work required to complete the work as specified. The taking of long sections at all proposed bridge locations is required for confirmation of the bridge foundation and their incoming and outgoing drainage lines. This work and any other work which requires response from the Project Manager shall be delivered to the Project Manager timely to allow him sufficient time to respond without causing the Contactor any delays. No separate payment shall be made for any survey work required. The Contractor's tendered rates for the construction of the Works shall also include full compensation for the provision of all survey equipment and assistants required by the Project Manager to take control measurements as required.
Any survey beacons which lie within the road prism or that are affected by construction activities shall be relocated at the Contractor's cost. The Project Manager shall be notified by the Contractor of all beacons which the Contractor wishes/has to relocate and all the new co-ordinates and levels.
B1207 NOTICES, SIGNS AND ADVERTISEMENTS
The Contractor shall provide and erect as part of his obligations under series 1300 two (2) publicity signboards on the site as directed. The minimum dimensions of the boards shall be as directed by the Project Manager. The boards shall be prepared primed and painted cream and lettered in black. The boards shall be of stout construction, resistant to the effects of weather.
B1209 PAYMENT
(b) Rates to be inclusive
Replace "period of maintenance" in the last line of the first paragraph with "Defects Liability Period".
(c) The meanings of certain phrases in payment clauses
(i) Procuring and furnishing (material)
Insert "and duties," in the sixth line of the sub-clause after "all tax,"
B1210 CERTIFICATE OF COMPLETION OF THE WORKS
Add the following:
"The certificate of completion of the Works referred to in this clause shall be the 'Taking-over Certificate' indicated in clause 48 of the General Conditions of Contract."
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B1224 THE HANDING-OVER OF THE ROAD RESERVE
Replace the contents of this subclause with the following:
"The site will be handed over in sections or lengths as indicated by the Project Manager.
The Contractor shall make his own arrangements for access to the various parts of the Site where works are to be constructed, but all such accesses shall be subject to the approval of the Project Manager. The Contractor is in this respect referred to clause A10.l of Part A of the Project Specification.
Where access to the Site proposed to be used by the Contractor lies across land of a third party the Contractor shall produce to the Project Manager written consent of the owner and the occupier of the land over which the access lies before making use of the same.
The Contractor shall also keep a record, to be agreed by the Project Manager, of the conditions of the surface of any land (and of any crops on such land) over which access lies before he uses it for access purposes and he shall keep all such surfaces in a reasonable state of repair during the execution of Works. On the termination of the Contractor's use of such access he shall restore the land to a condition at least equal to that existing before his first entry on them.
The Contractor shall also keep a record of any land on which crops are planted and which is being used for construction purposes under this contract: Such record shall include co-ordinates of the area involved, details of the crops involved and photographs of such crops."
B1225 HAUL ROADS
Add the following:
"Where the Contractor constructs bypasses, haul and/or construction roads at his own initiative for accommodating construction traffic, he shall construct and maintain them at his own cost and in accordance with details previously agreed on with the Project Manager, in writing. Such roads shall be obliterated and their surfaces properly reinstated when no longer required, all at the Contractor's own cost.
The Contractor shall have the right to use public roads, including bypasses open to public traffic, but where his own traffic causes damage or wear to such roads or constitutes a condition hazardous to public traffic, the Project Manager shall have the right to regulate his traffic over such public roads and bypasses and require the Contractor to provide, at his own cost, such maintenance, including wearing-course gravel and watering, as in the Project Manager's opinion will be necessary in addition to that which would be required to maintain the bypasses properly when not used by the Contractor's construction traffic. Where regulation of the Contractor's traffic does not alleviate the traffic hazard satisfactorily or the maintenance of the bypasses cannot be or is not properly executed, the Contractor shall, where conditions permit, divert his traffic over construction roads provided and maintained at his own cost."
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B1227 MONTHLY SITE MEETINGS
Add the following to the first paragraph:
Additional to the meeting mentioned above, the Contractor or his authorized representative shall attend meetings, on the site, with the representative of the Project Manager, at the dates and times to be determined by the Project Manager. Such meetings will be held to discuss matters of a more technical nature, or any such matter which any of the parties may wish to raise. Further to the above, the Contractor or his authorized representatives shall attend meetings with the local liaison committees to discuss socio-economic and/or environmental issues.
Add the following to the second paragraph:
"The Contractor will be required to take photographs and shall provide cameras as specified in clause BI402 (i) for the use of the Project Manager.:
Add the following clause:
B I230 REPORTING OF ACCIDENTS
The Contractor shall report every accident which occurs on the road, within the extent of the Works, to the Project Manager, within twenty-four (24) hours of such accident occurring, irrespective of whether such accident has a bearing on damage to the Works or to persons, property or things. The report must be in writing and must contain full particulars of the accident. Photographs of each accident shall also be included in the report. The Project Manager has the right to conduct any or all enquiries, either on the Site or elsewhere, as to the causes and consequences of any such accident. The Contractor shall also keep a comprehensive record of all accidents which occur on the road and shall make such records available to the Project Manager on demand."
SECTION B1300 CONTRACTOR'S ESTABLISHMENT ON SITE AND GENERAL OBLIGATIONS
B1301 SCOPE
Add the following:
The Contractor's obligation to ensure safe access to the site at all times shall also be included in this section. The Contractors general obligations shall be inclusive of fixed, time related and value related obligations.
B1302 GENERAL REQUIREMENTS
Add the following subclasses:
(d) Soil Investigations
3-66 Section IX - Contract Forms
"The Contractor may be instructed to perform additional soil investigations regarding borrow pits and investigations of materials prior or during construction. The investigations will include the excavation of trial pits, DCP testing, CBR testing, Soil Indicators and UCS testing."
The provision of soil investigations shall not be paid for separately, but the costs thereof shall be deemed to be included in the Contractor's tendered rates for the items included under Section 1300. Geotechnical investigations i.e. additional borings for bridge foundations shall not be covered under this clause.
(e) Accident Prevention Officer
The Contractor shall have on his staff at the Site an Accident Prevention Officer with specific responsibility for all matters regarding the safety and protection against accidents of all staff and labour of the Contractor and the Sub-Contractors. This officer shall be qualified for this work and shall have the authority to issue instructions and shall take protective measures to prevent accidents. The Accident Prevention Officer shall be on Site from the start of the Contract until the issuing of the Taking Over Certificate. The responsibilities of the Accident Prevention Officer shall include:
Training of employees in road safety Training of employees in safety at their place of work Ensuring that all employees wear the required protective clothing in accordance with the tasks they are assigned and that all employees working on or near the road wear reflective clothing. Employees working over water at the bridge site shall always be wearing floating vests. Ensuring that adequate warnings, signage, speed control mechanisms, flagmen etc. are provided for the safe accommodation of traffic at all times of the day and night.
The Accident Prevention Officer may have other responsibilities on the site.
(f) Medical Facilities
The Contractor shall, as part of his general obligations, provide sufficient medical and emergency equipment, have staff available that are trained in the use of this equipment, and have the required arrangements in place to provide emergency medical evacuation by air to a suitable trauma unit, if and when required.
The provision of the emergency medical services shall not be paid for separately, but the costs thereof shall be deemed to be included in the Contractor's tendered rates for the items included under Section 1300.
(g) Temporary Latrines
The Contractor shall provide and maintain adequate and sanitary latrines suitable for men and women constructed to comply with any Government regulations in force for the use of the employees on Site. The Contractor shall keep the whole of the Site and latrines in a clean and sanitary condition to the satisfaction of the Project Manager and in accordance with the requirements of the Health Authorities of the Government. The Contractor shall fill and cover all latrine pits, soak ways and trenches when no longer
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required.
The provision of the temporary latrines shall not be paid for separately, but the costs thereof shall be deemed to be included in the Contractor's tendered rates for the items included under Section 1300."
B13.04 Instituting and HIV/AIDS awareness campaign
The unit measurement shall be the calendar month or part thereof, measured over the duration of the campaign.
The tendered rate shall include full compensation for equipment, labour and materials required for the provision of the service.
B13.05 Instituting and HIV/AIDS preventing campaign
The unit measurement shall be the calendar month or part thereof, measured over the duration of the campaign.
The tendered rate shall include full compensation for equipment, labour and materials, including the procurement and distribution of condoms, required for the provision of the service.
SECTION B1400 HOUSING, OFFICES AND LABORATORIES FOR THE PROJECT MANAGERS SITE PERSONNEL
B1402 OFFICE AND LABORATORIES
(b) Offices The Contractor shall provide, erect and maintain for the duration of the Contract, a furnished and equipped main office for the Project Manager of weather-proof construction, provided with mosquito-proof and burglar-proof windows and lockable doors and suitably insulated against heat and cold, all to the satisfaction of the Project Manager in respect of the Construction, design and sitting. The office shall comply with the details shown in the drawings and shall have a clear height of not less than 2.6m. The floor shall be of floated concrete, and adequately damp and termite-proof. Each room of the main office shall be air-conditioned with a medium size air conditioner. This further includes provision of furniture and office equipment, and survey equipment as listed in the Special Specifications and the appendix to this item
A telephone and telefax shall be provided for the use of the Project Manager and the offices shall be provided with electric lighting all to the satisfaction of the Project Manager. The telefax shall have a separate dedicated telephone line. The Project Managers telephone and telefax shall be completely independent of the Contractors telephones. The Contractor shall be responsible for paying all the charges and fees related to the use of the telephone and be reimbursed the same on production of proof of payment.
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The office for the Project Manager shall be completely separate from that of the Contractor and, if so required by the Project Manager, shall be fenced with a 2m high chain linked fence and gate with padlock and chain.
Toilets and washrooms graded to staff seniority, together with drinkable water supply and water borne sewage disposal, shall be provided for the office. The Contractor shall also provide 24 hours a day electricity supply to the offices and shall allow for any water and electricity consumed and for any statutory charges associated.
Unless the offices are accessible via an existing road the Contractor shall, if so required by the Project Manager, provide an access road at least 3m wide to the office, together with a 100 square meters covered car parking area. Both access road and car park shall be surfaced with at least 150mm of consolidated gravel properly graded, cambered, drained and culverted.
Add the following to sub-clause (xii):
"I n addition five (5) mobile cellular phones shall be provided for the exclusive use of the Project Manager's staff. The prime cost sum shall also include the cost of all telephone calls, faxes, email and internet access in connection with contract administration."
Replace sub-clause (xiv) with the following:
(xiv) Blinds or curtains shall be one of three types, as may be required:
(1) Adjustable Venetian blinds to permit light to enter the room, but which will exclude direct light; (2) Opaque roller blinds; (3) Curtains, including linings, made from approval materials and hung from smooth operating runners so that curtains can be opened or closed with ease."
Add the following sub-clause:
(xv) Steel plan cabinets shall be able to accommodate two hundred and fifty AO- sized drawings hanging vertically from approved holders.
The Contractor shall supply the following office furniture and office equipment to be used exclusively by the Project Manager's staff:
SN FURNITURE AND EQUIPMENT FOR THE OFFICE UNIT NO 1 Desk with lock-up drawers (1.5 x 0.9m) No. 5 2 Office tables (1.8m x 0.9m) No. 5 3 Executive Swivel chair adjustable height with arms No. 5 4 Chairs (Standard) No.
10 13 Dustbin No. 2 OFFICE EQUIPMENT 14 Free standing paralled motion drawing board A0 size No. 2 15 A0/A1 size drawing board. No. 2 16 Tee square to suit above No. 2 17 250mm set squre 45 0 No. 6 18 250mm set squre 60 0 No. 6 19 Digital Planimeter, OTT 30010 or similar No. 1 20 Set of full divided scale (metric 1/1000,1/2500, 1/500,1/2000, 1/1250, 1/1500 No. 2 21 Set of drawing instruments, Wild 54 or equivalent approved No. 3 22 Set of drawing pens , Rapidograph or similar approved No. 3 23 Complete set of stencils 0.2mm to 2.0mm No. 2 24 Laptop as specified No. 2 26 Autocad 2010 and Licences for above computers Civil Designer 2011 or better version No. No. 3 3 27 As 24 but with 15" screen, 3No. No. 3 28 Printer, peripherals and software as specified No. 1 set each 29 Desk top computer as specified No. 2 31 Digital camera and Hand held GPS No. 1 each 32 6No. Electronic scientific calculators, 12 figures No. 6 33 Stapling machine Ofrex size 66 or similar with 500 staples No. 6 34 Heavy duty paper punch and spiral binder, IBICO AG or similar approved. No 1 35 A3 Photocopier (approved make), with feeding sorting trays No. 1 3-70 Section IX - Contract Forms
36 First Aid Kit No. 3 37 Fire extinguisher cartridges No. 4 38 Inkjet plain paper fax machine with 4MB of memory No. 1 39 Reams of A4 photocopying paper No 20 40 Reams of A3 photocopying paper No. 10 41 Refrigerator Minimum capacity 0.2 m 3 No. 3 42 Microwave oven (standard size) No. 2
(c) Laboratories
The Contractor shall provide, erect and maintain for the duration of the Contract, a main laboratory complying with details shown on the standard drawing, to the satisfaction of the Project Manager. The laboratory shall be sited adjacent to the Project Managers main office.
The laboratory shall have piped potable water supply and a continuous electricity supply adequate for lighting, heating and operating the laboratory equipment.
The laboratory shall have a height from floor to ceiling of not less than 2.75 meters and all rooms shall be fitted with a medium size air conditioner, dust extractor fans, electric lighting and power points as instructed by the Project Managers Representative and each door shall be fitted with a good quality mortise lock and provided with two keys.
Soaking tanks for CBR specimens shall be provided at floor level in the laboratory. Concrete cube curing tanks of adequate size shall also be provided. Both the CBR tanks and concrete cube curing shall have drainage pipes built in. The following rooms and facilities shall be provided in the Laboratory:-
i) Office This room shall have a total floor area of not less than 14 square metres and a total window area of not less than 2 square meters. The door and windows shall be fitted with fly screens covered with mosquito gauze. The floor shall be of concrete with a float finish. The walls shall be lined and ceiling provided. A display board of soft board or similar approved material, with a minimum surface area of 3 square metres shall be provided and securely fixed to the wall.
ii) Main Laboratory This room shall have a total area of not less than 55 square meters and a total window area of not less than 7 square metres. The external entrance shall be a double door and single doors shall be provided for access to the adjacent offices. The external door and all windows shall be fitted with fly screens covered with mosquito gauze.
The floor shall be of concrete and float finished. The room shall be fitted out as indicated by the Project Manager with three rigidly constructed work benches each
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minimum 2 metres long by 1 metre wide by 1 metre high and with top comprising either metal lined hard wood or steel float finished concrete at least 75mm thick and suitably reinforced, with a sink minimum size 600mm long by 450mm wide by 300mm deep fitted with a tap and waste pipe. Wall shelves, 450mm in width and having a surface area of at least 6 square metres, shall be provided and securely fitted.
Two display boards of soft board or similar approved material, each with minimum area of 3 square metres, shall be securely affixed to the walls as directed by the Project Managers Representative.
iii) Small Laboratory Room This room shall have a total floor area of not less than 20 square metres and a total window area of not less than 2 square metres. The windows shall be fitted with fly screens covered with mosquito gauze. A single door shall provide access to the main laboratory room. The floor shall be fitted out as indicated by the Project Managers Representative with two rigidly constructed work benches each of minimum dimensions 2 metres long by 1 metre wide by 1 metre high with a top comprising either metal lined hardwood or a steel float concrete finish of at least 75mm thickness and suitably reinforced, with a sink of minimum size 600mm long by 450mm wide by 300mm deep fitted with a tap and waste pipe and concreted to the water supply for the main laboratory room. An approved air extractor fan shall be fitted through an outside wall.
iv) Store Rooms These rooms having a total floor area of not less than 20 square metres shall be provided adjacent to the main laboratory building in a position to be indicated by the Project Managers Representative.
v) Concrete Slab for Sample Drying A reinforced concrete slab 150mm thick and of total area not less than 20 square metres shall be provided adjacent to the main laboratory building in a position to be indicated by the Project Managers Representative. The slab shall have a smooth finish to the satisfaction of the Project Manager.
3-72 Section IX - Contract Forms
The provision of laboratory furniture shall be as listed in below
1 Desk with lock-up drawers 2.2x0.9 m with chair No.
2.00 2 Desk chair - standard No.
6.00 3 Book shelf, 3 shelves, 1.2m long to hold box files No.
1.00 10 Fire extinguisher, 10 liters capacity, CO2 type No.
4.00 11 Complete first aid kit No.
2.00
Add the following sub clauses:
(h) Computers, printers, power supplies and peripherals
When instructed by the Project Manager, the Contractor shall provide approved new computers, printers, power supply elements and peripherals including all software required for use by the Project Manager's Site personnel. Ownership of all desktop and laptop computer supplied shall revert to the Roads Development Authority.
(i) Computer:
The computer shall be the following type:
(1) The desktop computers shall meet the following minimum requirements:
(a) Processor Intel Pentium CPUG 630 2.7Ghz (b) RAM 4 GB (c) Hard Drive 500GB (d) Keyboard 101 key UK format(qwerty) (e) Optical Drive DVD/CD Rewriter (DVD Multi Recorder RDL) (f) Video Graphics 16 MB AGP Intel HD Graphics Family (g) I/O Ports Parallel, Serial, USB (h) Modem 56 bps fax / data / voice (i) Network Port 10/100 UTP Ethernet (j) Sound card (k) Monitor Flat Panel Monitor (L1706 17)
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(l) Mouse 3 button with roller function (m) Power supply Mini Tower with 220V (n) Accessories Multimedia speakers, Mouse pad
(2) The laptop computer shall meet the following minimum requirements or latest version:
(a) Processor Intel core i3 (2.5 GHZ) (b) RAM 4GB (64bit) DDR3 (c) Hard Drive 320-500GB (d) Keyboard 101 key UK format (e) Optical Drive DVD/CD Rewriter (f) Video Graphics 16 MB AGP (g) I/O Ports Parallel, Serial, USB (h) Modem 56bps Fax/Data/Voice (i) Network Port 1O/l00 UTP Ethernet (j) Sound card (k) Monitor 15" SVGA (l) Mouse 3 button with roller function (m) Power supply 220v (n) Accessories Multimedia speakers, Mouse pad (o) Battery charger, spare battery and carry pack
(ii) Printers:
The printers shall be of the following type, as indicated in the Schedule of Quantities or instructed by the Project Manager: (1) HP Colour LaserJet 3500 Professional (2) HP LaserJet 6P/CP 5225 Printer
(iii) Peripherals
The following peripherals shall be provided upon instruction of the Project Manager. (a) HP A4 Scanjet 2300c or equivalent (b) APC Smart-UPS 1500VA or equivalent (c) UTP Cables plus 8 port network hub and all connectors (d) Pen / Flash storage 1024MB
(iv) Software (Latest versions)
Supplied and installed on all computers, and to comply with all license agreements
(a) Microsoft Windows 7 - Professional (b) Microsoft Project 2007-2010 (c) Microsoft Internet Explorer (d) Microsoft Outlook Express (e) Autodesk Land Development with Civil & Survey Modules (2012) (f) Management Information System Application Software (g) Kaspersky Internet Security 2012 (h) WinZip (i) Data transfer software for scanner and survey instruments 3-74 Section IX - Contract Forms
(j) AutoCAD 2012 version (k) ArcView 9.0 GIS Software. (l) Knowledge Base Civil Designer 2011 or better
All computers and other equipment provided shall be kept fully serviceable at all times by the Contractor. The Contractor shall repair/replace any defective equipment within 3 days after notification by the Project Manager's staff.
The tendered rates shall include for installation and maintenance during the contract period.
(i) Digital camera
When instructed by the Project Manager, the Contractor shall provide a new digital camera as Sony FD 83 type or approved equivalent. This will also include all necessary carry bags, straps, serial cables, software and an extra 2GB Smart Media card. The ownership will revert to the Employer at the end of the Contract. The cost of the above shall be reimbursed under the relevant pay item in the Bill of Quantities.
(j) Handheld GPS
When instructed by the Project Manager, the Contractor shall provide a handheld GPS as Garmin III+ or approved equivalent including re-chargeable lithium batteries, carry bags, straps, charger, serial cables, software and a dashboard mounting bracket. The ownership will revert to the Employer at the end of the Contract. The cost of the above shall be reimbursed under the relevant pay item in the Bill of Quantities.
(k) Maintenance or replacement of equipment and provision of consumables
All equipment provided shall be kept fully serviceable at all times by the Contractor. The Contractor shall repair/replace any defective equipment within three days after notification by the Project Manager's staff. The Contractor shall also provide all paper (including also special photo quality paper) Laser Jet toner cartridges, colour ink cartridges, CD-Rs, CD-RWs , diskette and CD storage containers and black ink cartridges required by the Project Manager."
(I) Uninterrupted power supply
The Contractor will be required to provide uninterrupted power supply to the Project Manager's offices and laboratories. For that purpose a 15 kV A, 3-phase diesel-driven generator with an 8 hour fuel capacity will be required. A provisional sum will be allowed in the schedule of quantities for the provision of the uninterrupted power supply.
(m) Two-way radios for on-site communication
When instructed by the Project Manager, the Contractor shall provide approved two- way radio's for use by the Project Manager's site personnel. The radios shall be capable of transmitting and receiving messages on suitable wavelengths to effect communication between the Project Manager's site personnel and the Contractor's site offices and personnel. The radio's shall be installed in and removed from the vehicles indicated by the Project Manager by qualified auto-electricians. Damage to the
75
vehicles during installation and removal of the radios shall be repaired to the Project Manager's satisfaction at the Contractor's expense.
(n) Provision of office stationary
When instructed by the Project Manager the Contractor shall provide office stationary containing pens, pencils, erasers, rulers, scissors, writing pads, stapler, hole punch, etc. The cost of the above shall be reimbursed to the Contractor under the relevant pay item in the Bill of Quantities.
(0) Survey Equipment
The Contractor shall supply the following new survey equipment to be used exclusively by the Project Manager's staff: The service and maintenance of survey equipment shall be included under servicing of Project Manager Representative office.
Automatic level and tripod. Staff (aluminium ,telescopic ) Steel pegs as required 30m tape 5m tape
A GPS system based survey equipment LEICA GEOSYSTEMS 1200 SERIES, SMART CHECT + 40KM (GNSS REAL TIME KINEMATIC) or similar, with software. It shall be exclusively for the Engineers staff.Ownership of Survey equipment including documentation supplied shall revert to the Road Development Agency on completion of the contract
(P) Mobile Phone
The Contractor shall provide, connect and maintain 5 Nos Nokia E90 mobile phones for the exclusive use by the Project Manager for the duration of the contract. The Contractor shall include for the cost of providing the mobile units complete with charger unit. The Contractor shall provide air-time for these mobile phones as directed by the Project Manager. Payment for these mobiles and associated costs is included in the Bill of Quantities, and ownership of mobile phones will revert to the Contractor after completion of the Works.
1402 (c) xvi Provision of laboratory equipment
The equipment to be provided for the laboratory quality control shall be as follows. The laboratory equipment provided by the Contractor under the above obligation shall be used for quality control by the Project Manager. Should a combined or joint laboratory approach be implemented, the Contractor shall provide, at his own cost, all the additional equipment, personnel, services and consumables to ensure that the quality control testing is not adversely affected. A partial contribution by the contractor for provision of lab equipment hiring will be based on 50% of the cost of provision of equipment. Ownership of all laboratory equipment including documentation supplied shall revert to the Road Development Agency on completion of the contract. 3-76 Section IX - Contract Forms
A. SIEVE ANALYSIS - EQUIPMENT
TEST SIEVES 200 mm DIAMETER QUANTITY 75mm 2 63mm 2 53mm 2 37,5 mm 2 26,5 mm 2 19,0 mm 2 13,2 mm 2 9,5 mm 2 6,7 mm 2 4,75 mm 2 3,35 mm 1 2,36 mm 2 2,00mm 2 1,18 mm 2 0,600mm 2 0,425 mm 4 0,300 mm 2 0,250 mm 4 0,150 mm 2 0,075 mm 6 Lid & Receiver 2 TEST SIEVES 450 mm DIAMETER QUANTITY 19,0 mm 2 13,2 mm 2 9,5 mm 2 6,7mm 2 Sieve Shaker 1 Iron Mortar & Pestle - 125mm 2 Rubber headed Pestle 2 Rubber Tip Spares 4 Porcelain Mortar & Pestle 175 mm 2 Hotplates - Single electric 3 Steel sand baths for gas burners 1 m x 450 mm 3 Gas burners complete with clamps + 12 m tubing 6 Gas cylinders 100 kg + regulator 2 25,0 mm Riffler + 3 Pans 2 Brass sieve brushes 8 Nail brushes 2 50mm Paint brushes 8 450 mm Galvanized Basins 36 500 mm Galvanized Basins 12 120 mm Enamel Bowls 36 250 x 250 mm Square Pans 36 600 x 500 mm Wash Basin Grids 5 Electronic Balance (Mains/Battery) 12 kg - 1 g 2 Labcon Drying Oven Thermostatically controlled - 400 2 litre Oven Shelves 8
77
B. ATTERBERG LIMIT - EQUIPMENT
Electronic balance (Mains/Battery) 300 g - 0,01 g 1 Ohaus Dial-O-Gram 310 balance 1 Labcon Drying Oven Thermostatically Controlled - SO 1 litres Oven Shelves 3 300 x 200 x 2 mm Perforated aluminium plate 2 Liquid limit device 2 Calibrating plate 10 mm thickness 1 Grooving tool complete 2 Grooving tool tips only 6 Shrinkage troughs - stainless steel 30 Tongs for shrinkage troughs - 178 mm 2 Wash bottles with spout 6 Dessert spoon 2 220 X 150 X 7 mm ground - glass plate 2 100 mm diameter porcelain evaporating bowl 4 100 x 20 mm Spatula 4 200 x 30 mm Spatula 2 300 mm Steel rulers 10 120 mm diameter Enamel bowls 10 5O mm Ointment bottles with lid 78
C. MAXIMUM DRY DENSITY / CBR - EQUIPMENT
Platform Scale 1 SO kg - 20 g 1 Electronic balance (Mains/Battery) 30 kg - 2g 1 Electronic balance (Mains/Battery) 6 kg - 0,1 g 3 Ohaus Triple beam complete + weights 2 Ohaus beam balance 2610 g 3 A very scales 2610 + brass scoop 3 Complete set of weights consisting of: 1 (i) 1 x 1 kg ( ii) 1 x 500 g (iii) 1 x 200 g (iv) 2 x 100 g (v) 1 x 50 g (vi) 2 x 20 g (vii) 1 x 10 g Labcon drying oven (draft type, thermostatically controlled - 400 4 litres Oven shelves 16 CBR and UCS Penetration / crushing machine, electric 1 Proving Rings 50 kN/200kN - UCS platform Dial gauge with 0,01 mm divisions range 25 mm 2 Dial gauge 0,0127 mm range 25 mm 1 Stop watch - 60 seconds 2 Surcharge weight + metal piston 1 3-78 Section IX - Contract Forms
Spring for calibration (spring test) 1 Tripod for measuring swell 1 Anvil to fit on swell gauge 2 CBR mould bodies 44 Perforated base plates 36 Surcharge soaking weights with adjustable stem 36 Compaction base plates and spacer 6 150 mm copper/brass gauge disc 36 CBR soaking bath - 2,5 m x 450 mm x 30 mm 2 Sample extruder for compacted moulds 2 Manual compactors 4,536 kg and 457,2 mm sheath drop 6 Manual compactors 2,495 kg and 304,8 mm sheath drop 3 300 mm steel straight edges 8 Chrome leather gloves (pairs) 6 Rubber disc for compacting sand 148 x 10 mm 5 UCS Split mould complete (base plate, collar, spacer, wing nuts) 6 38 mm Riffler + 6 pans 2 Airtight containers for CBR samples 25 litre 20 Airtight containers for MOD samples 10 litre 78 Water containers de-ionized 25 litre 4 78 litre galvanized baths 3 600 x 450 x 300 mm Polycrates 6 250 x 250 mm Square pans 100 350 mm Aluminium scoops 6 Garden Trowels 8 500 ml water sprinkler 4 1000 ml plastic measuring cylinder 4 500 ml plastic measuring cylinder 4 250 ml plastic measuring cylinder 4 Dutch Hoe mixing spade with long handle 4 Perspex square 200 x 200 x 5 mm I Glass plate 200 x 200 mm 2 25 ml Pipette 3 Wheel barrow, builder's, rubber wheel 3 Wheel barrow, garden, rubber wheel 3 Garden rake, steel 3 Garden broom 6 House broom 4 Pick and Handle 8 Round Nose Shovel 6 Flat spade 6 Wire brush with handle to clean moulds 3 Sieves 450 mm diameter 37,5 mm 2 19,0 mm 3 4,75 mm 2 Canvas sheet 1 m x 1 m 6 Canvas sheet 2 m x 2 m 6 0- 250DC Thermometer - Mercury 10
79
D. FIELD DENSITY - EQUIPMENT
Density funnels with extension 200 mm 3 Density rings with extension for pegs 3 Density dollies with extension 3 Density pegs to fit extension on ring 12 Mould for calibration of density sand 1 Density sand - fraction - 0,425 mm + 0,250 mm 200 kg Storage container with lid - 200 litres 2 Billy Cans no. 5 / or Plastic bucket with lid 60 Billy Cans no. 2 / or Plastic bucket with lid 30 1,8 kg club hammers 8 Tommy Bars 3 Carpet brush 8 250 x 13 mm chisels 6 Density spoons - flat/square 6 250 x 250 mm square pans 40 2 litreconsol canning jars 18 Troxler Nuclear Gauge - Model 3430 2 Troxler Spikes 12 Radioactive - Magnetic warning signs 8 Radioactive - Plastic warning signs 8 DCP complete with extension to 2 m 2 DCP Cone only (degree 60) 20 DCP Lower shaft 10 Eastwing geological pick - leather handle 6 Bulk density measure - 15 litre 1
E. CONCRETE - EQUIPMENT
Concrete compression testing machine - electrical 1 Schmidt Hammer / N-Type 1 Concrete cube moulds 150 mm - Unique 60 Water bath for cubes 2,5 x 1,5 x 1m 2 Heating Elements 2 Circulating pump & hose - Little Giant 2 Slump Cone 1,6 mm Galvanized Steel 10 Slump Compaction Rod 16 mm dia 600 mm rounded 10 Slump Trays 10 Steel Float 2 Wooden Float 2 0- 50DC Thermometer - Mercury 4 50 ml Class B Burette 2 100 ml Class B Burette 2 Burette Stand with clamps 1 50 m1 Plastic Measuring Cylinder 2 500 m1 Plastic beakers 20
3-80 Section IX - Contract Forms
G. GENERAL - TO VARIOUS SECTIONS A TO F
Generator - constant voltage 220/230 Amps 1 Voltage regulator for balances 2 Laboratory taps (Swan Neck Type) & Hose 5 Combination Tool Kit 1 Odometer (Tripmeter) 1 Tape Measure - pocket - 3 m 3 Tape Measure - pocket - 5 m 3 Measuring Tape - Glass Fibre - 30 m 2 Measuring Tape - Glass Fibre - 100 m 2 Scientific Calculators - CASIO 6 Min/Max Thermometers 4 Rain Gauges 3 Tel- Tru Thermometers 5 Set Stencils - 50 mm Alphabetical 1 Set Stencils - 25 mm Numerical 1 75 mm paint brush 2 25 mm paint brush 2 Picks 2 Shovels 2 "Toluene or similar non flammable bitumen solvent 2 for bitumen extraction 210 litres Distilled water - 100 litres 1 Paraffin wax - 5 kg 1 Vaseline - 500 ml 1 General purpose grease - 500 ml 1 Hessian strips - 1 x 1 m 12 Filter paper - 150 mm diameter 5000 Paper bags - NO.4 5000 Small sample bags canvas - 450 x 300 mm 200 Large sample bags canvas - 760 x 450 mm 500 Heavy duty plastic bags - fertilizer 50 kg 1000 Manila Tags NO.3 5000 Mould Oil - 10 litres 1 Black paint for moulds - 5 litre 1 White paint for moulds - 2 litre 1 Gravite spray 300 mo (Q20) 6 Saw dust in 50 kg bags 20
81
H.
OTHER - GENERAL
ITS Breaking Head 1 DMI - Durability Mill Index 1 Altimeter 1 Inclinometer 1 Microwave Oven 750 W - Industrial 1 Electric Oven free standing 720 litre capacity - Type 1 EL-22-0140 Electric Scale - Type EL-22-5431 1 Buoyancy Balance Complete - Type EL-22-9000 1 Speedy Moisture apparatus - Type EL-23-7450 2 Automatic soil compactor - Type EL-24-9090/0 I 1 Solvent recovery still - Type EL 45-5240 1 DCS compression machine for 100 mm and 150 mm 1 diameter Samples up to 3,5 MPa Transducers instead of dial 1 gauges X - YT plotter for stress and strain measurement Wire basket Type EL-81-4819 1 Desiccators Vacuum Type - Type EL 82-2170 1 Sample trays - Type EL 81-4060 20 SMM centrifuge according to TMH1 Method C7b 1
B1403 HOUSING
(b) Prefabricated houses
The Contractor shall provide and maintain houses (3 for Type A, 5 for Type B) for the Project Manager staff. The Project Managers senior staff houses, shall be separate from that of the Contractors staff housing and shall be sited and constructed or rented to the satisfaction of the Project Manager as detailed in the Drawings. Houses shall be constructed with permanent material or prefabricated subject to approval of the Project Manager and the design and construction shall be approved by the Project Manager. If permanent, the walls shall be made of stone or concrete blocks. All material used shall be new strong, durable and weatherproof. Ceilings and floor must be properly insulated against heat with approved insulated material. The floor shall have a level smooth finish. All windows shall be glass, able to be opened, and with mosquito nets. The building materials shall be mosquito and termite proofed and painted inside and out with two coats of paint/ varnish all to the approval of the Project Manager.
The ceilings of houses and verandas shall be lined with ceiling board. All doors are to be fitted with mortise locks, which must be heavy duty on external doors. All windows shall be fitted with burglar bars. The lounge, bedroom floors, bathroom, toilet and kitchen floor will have tile finish. All the sanitary ware shall be Vitreous China of approved quality. All houses are to be provided with a fire extinguisher and fire axe. Fire axes are to be secured to the outside of the buildings. 3-82 Section IX - Contract Forms
All storerooms shall be fitted with shelves, drawers and cupboards as instructed. The Contractor shall provide new furniture, equipment and fittings as listed herein below. The Contractor shall obtain approval of the Project Manager for the type and quality of the furniture, fittings and equipment before ordering. All houses shall be provided with supply of drinkable water, electricity, gas and kerosene for the consumption of the Project Manager and his staff and the Contractor shall provide all necessary waterborne sanitation and disposal systems to the satisfaction of the Project Manager. The Contractor shall pay for water, electricity, 54 inch television and DSTV television service, gas and kerosene consumed, and for the statutory charges associated therewith for each house. The Contractor shall be responsible for rubbish disposal by providing outside bins and daily collection to a Muchinga area located to the satisfaction of the Project Manager.
Each Type A and B houses shall be erected on separate plots. A barbed wire topped chain link wire fence 2 metres high with a chain and padlock lockable gate shall be provided around the general perimeter.
Separate access roads 3m wide adequately drained, cambered, graded and surfaced with 150mm thickness of compacted and sealed gravel shall be provided to each house, with a covered parking area for at least one car.
Each type house shall be provided with day and night watchmen and security lights, the cost of which shall be deemed to have been included in the rates for the houses. All the houses and furniture mentioned above shall revert to the Contractor after completion of the contract. The Contractor shall provide, equip, furnish and maintain 6 Nos Type B accommodation for the Project Managers junior staff (three inspectors), to be located adjacent to Project Manager Representative Offices and Laboratory location and location of which will be subject to Project Managers approval. Junior Staff houses and furniture shall revert to the Contractor after completion of the Contract. Alternatively, the Contractor, subject to the approval of the Project Manager, may rent equivalent housing for the Project Manager Representative Staff. "Two types of housing are required, Type A, a three-bed roomed house for the Project Manager (3 No) and 6 Nos Type B, two bed roomed houses for six junior staff. The numbers of each type of house are indicated in the Bills of Quantities. Each house shall have in addition, a living room, dining room, bathroom with ashower facility (with European flush toilet) and kitchen as well as an enclosed verandah of approximately 20 square metres in area. The houses for the Project Manager shall be not less than 150 square metres in plan area (excluding the verandah) and the houses for the Project Manager's staff shall be not less than 120 square metres in plan area (excluding the verandah). The layout shall be as shown on the Drawings."
Until the housing described above is available the Contractor shall provide suitable rented houses or hotel accommodation approved by the Project Manager, which will provide at least the same standard of comfort as the prefabricated houses described above, in the nearest town or elsewhere, as approved by the Project Manager. No separate payment shall be made for such rented or leased accommodation, and the costs so incurred shall be included in the rates for prefabricated houses. The Contractor shall make every effort to ensure that the prefabricated housing for the Project Manager is provided as soon as possible after the award of the contract.
Cutlery holder for drawer
83
Two kitchen towels, one tablecloth, two dishcloths, two wash-cloths Curtains Two sets of adaptors Two cooler boxes with ice-bricks Kitchen table and four chairs One water filter
Windows and doors shall be fitted with steel or hard alloy burglar grilles, well anchored to the structure. Burglar grilles in bedrooms shall be fitted with a fire escape panel with a suitable lock if no other satisfactory alternative fire escape route is available. Two keys to the fire escape lock shall be securely located within 3 m of the lock inside the room."
The Contractor shall supply all labour, equipment and materials required for keeping the offices, laboratories, ablution units, car-ports at the offices and laboratories, and the prefabricated, permanent and rented housing in a neat and clean condition, and shall immediately undertake repairs requested by the Project Manager to the offices, laboratories, ablution units, car-ports, prefabricated and rented houses.
B1404 SERVICES
(c) Maintenance
Replace the contents of this subclause with the following:
"The Contractor shall supply all labour, equipment and materials required for keeping the offices, laboratories ablution units, car-ports at the offices the laboratories, and the prefabricated and rented housing in a neat and clean condition, and shall immediately undertake repairs requested by the Project Manager, to the offices, laboratories, ablution units, car-ports, prefabricated and rented houses."
(d) Cooking facilities
Delete this sub-clause
Add the following subclause:
(e) Project Manager's support staff and labourers
When instructed by the Project Manager, the Contractor shall provide the Project Manager with approved labourers in the categories as specified below. The Contractor shall be fully responsible for the procurement, employment, administration, payment and termination of employment of all the labourers provided. If a labourer is found to be unsatisfactory by the Project Manager, the Contractor shall replace the labourer within 24 hours after having being notified by the Project Manager. No separate payment will be made for the provision of the labourers and the costs shall be deemed to be included in the Contractor's rates for his general obligations. The number of labourers specified per category, as indicated below, is to be used for tender purposes only. The Project Manager will furnish the Contractor with full details, in writing, regarding the number of labourers required per category, when the Contract is awarded. The Project Manager may also request further adjustments to the number of labourers per category, as and when required until the Contract work is completed. 3-84 Section IX - Contract Forms
The number of support staff and labourers per category indicated below to be used for tender purposes is as follows:
The Contractor shall provide acceptable accommodation for the above support staff.
(b) Rented accommodation
Add the following subclause:
(iv) Furniture, appliances and household goods for rented houses
When instructed by the Engineer, the Contractor shall provide and install approved new furniture, appliances and household goods for the houses as mentioned in clause 1403(c). Differentiation between the number and type of furnishings, appliances and household goods shall be made according to the various types of rooms to be furnished as specified below. The Contractor must comply with clause 1406(a) before ordering any of the required equipment. The number of each type of rooms furnishings indicated in the Schedule of Quantities must be used for tender purposes only.
The furniture, appliances and household goods shall be provided according to the types of rooms listed below.
(i) Kitchen
- Four plate stove with oven and warmer drawer - Refrigerator with freezing compartment (0,36 m3) - Electric kettle - Kitchen cupboards with shelves and drawers - One saucepan and one frying pan - six plates - six cups and saucers - six tumblers and glass water-pitcher - One set of wine glasses - Six knives, six forks, six spoons and six teaspoons - Breadboard, bread-bin, bread-knife, butter-dish - Tea kettle, coffee kettle, two milk jugs, sugar bowl, salt cellar and pepper pot - Kitchen utensils: egg-lifter, can-opener, bottle opener, corkscrew, kitchen scissors - One tea tray - Two water bottles for refrigerator - One stand for hot saucepans - Dish drainer and cutlery drainer
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- Two vases - Large kitchen garbage can with lid - Broom, small broom, dustpan, mop - Bucket for scrubbing floors - Two water buckets - Cutlery holder for drawer - Two kitchen towels, one tablecloth, two dishcloths, two washcloths - Curtains - Two sets of adaptors - Two cooler boxes with ice-bricks - Kitchen table and four chairs
(ii) Bathrooms
- Laundry basket - Dustbin with lid - Bathroom cabinet with shelves - Toilet-set with mat - Six bath towels - Six face towels - Bathmat - Shower curtain - Curtains - Soap holder in shower - Medium length mirror - Automatic washing machine - Ironing board - Iron (not steam) - Ironing basket - Clothes-horse - Clothes peg bag with clothes pegs
(iii) Lounge
- Two two-seat settees - Two chairs - Large coffee table - Three side tables - Wall unit - Standing lamp - Carpet - Curtains - Three ashtrays - Bookshelf - One adaptor - Decorative cloths (for small tables)
(iv) Dining room
- Dining table and eight chairs - Sideboard 3-86 Section IX - Contract Forms
- Curtains
(v) Main bedroom
- Double bed with mattress and bedside tables - Dressing table - One full-length mirror - Two wardrobes - Two chests of drawers - Curtains - Carpets - Wastepaper basket - Four pillows - One double duvet and cover - Two sets of bed linen (fitted sheet, flat sheet, pillow-cases) - One double-bed mosquito-net - Two bedside lamps - Decorative cloths
(vi) Secondary bedrooms
- Two single beds with mattresses - Two chest of drawers - Two wardrobes - One medium-size mirror - Four pillows - Two single duvets and covers - Four sets of bed linen (fitted sheet, flat sheet, pillow-cases) - Curtains - Wastepaper basket - Carpet - Two single-bed mosquito-nets - Two bedside lamps - Decorative cloths
(vii) General appliances (All Types)
- Large garbage bin - Washing-line - Six garden chairs and table - Spade, garden fork, rake, garden shears, garden hose, wheelbarrow - Medium-size ladder - Air-conditioners as specified - Barbeque grid (grill) - Fire extinguisher (10 litre CO 2 type)
NOTE:
All windows shall have mosquito/fly screens. All outer doors shall have mosquito/fly screen doors.
87
External doors shall be of solid construction at least 32 mm thick fitted with deadlocks and two good quality internal bolts of approximately 12 mm diameter.
Windows and doors shall be fitted with steel or hard alloy burglar grilles, well anchored to the structure. Burglar grilles in bedrooms shall be fitted with a fire escape panel with a suitable lock if no other satisfactory alternative fire escape route is available. Two keys to the fire escape lock shall be securely located within 3 m of the lock inside the room.
B1405 PROVISION OF VEHICLES
Replace the last sentence of the third paragraph with the following:
Each vehicle shall be new fitted with a fire extinguisher, first-aid kit, tow-hook and rope, tool kit, one spare wheel secured to suitable lockable brackets, wheel wrench, jack and handle, seat belts, approved full bull-bar including protection for the fenders and lights and secured to the chassis, tubular step bumper/tow bar including tow bar ball and socket, loose rubber mats (five for each vehicle), approved canopy (and roll cage for double cab) of sturdy construction that can withstand off-road driving conditions, differential lock on rear axle, 7 JJ x 16 steel wheels with 265/75 R16 tyres, additional driving lights, front and rear mud flaps, roll bar, power steering, air conditioner, remote control Muchinga locking, cloth seats and a spout for use with steel jerry cans all in good working condition.
Add the following (Not Applicable)
The types of vehicles to be provided are as follows:
(i) Nill No. Toyota Land Cruiser (Hard Top), minimum 3000cc diesel engine capacity or similar approved. The vehicle ownership and use will exclusively be by the Client for Project Monitoring and Supervision.
All vehicles shall be registered locally in Zambia in the name of the Contractor.
B 1406 GENERAL
Add the following sub-clause:
"(h) The Project Manager's staffs counterparts shall be regarded as part of the Project Manager's staff."
B1407 MEASUREMENT AND PAYMENT
B14.01 Provision of Office and laboratory accommodation as specified (L. Sum)
The unit of measurement and payment shall be Lump Sum to provide the office and laboratory accommodation with ablution units, stores, open concrete working areas, complete with sewerage, water and electrical installation as instructed/ specified on drawings. 3-88 Section IX - Contract Forms
B 14.11 Supply and Maintenance Supervisor's Representative vehicles (Not Applicable)
The unit of measurement for item (a) shall be the No. of vehicles ordered by the Project Manager and supplied according to the minimum specifications. Vehicles shall be supplied new.
The unit of measurement for item (i) shall be Vehicle Month. Measurement shall commence from delivery date to the Project Manager and shall cease when the Contractor is ordered to hand over the vehicles to RDA on completion date or any date deemed fit by RDA/Project Manager. The vehicles must be serviced before handing over.
The tendered rates shall include full compensation for the supply and running cost of new vehicles and for replacement and/or repair if damaged for whatever reason. The cost of insurance shall also include for a back-up vehicle in an event that the supplied vehicle is not being available due to maintenance, repair or replacement. All vehicles shall be insured comprehensively in the name of the Contractor with delegated authority for the Project Managers staff to operate the vehicles.
Ownership of all vehicles supplied shall revert to RDA.
B 14.12(a) Two-way radios for on Site communication between the Supervisor's site personnel and the contractors staff The unit of measurement for items (i) and (ii) shall be the number of approved long range two-way radios supplied and installed in vehicles or office ( including data facilities) as instructed by the Engineer.
This tendered rates for items (i) and (ii) shall include full for supplying and licensing the new two-way radios (including data facilities where required) installing them in designated vehicles or offices (including data facilities) maintaining and replacing them if required, and removing them from the vehicles or offices. . Vehicles supplied shall be new.
B 14.12(b) Allow prime cost sum to provide and maintain four numbers mobile phone handsets
The unit of measurement shall be the Prime Cost Sum. The Contractor shall supply new handheld mobile phones as instructed by the Project Manager. The Contractor shall supply airtime on monthly basis on instruction by the Project Manager. 50 % will be paid upon supply of the cell phones. The remaining 50% will be spread over the contract duration.
This tendered rates shall include full for supplying of new cell phones and smart cards for the preferred network including maintaining and replacing them if required. Ownership reverts to the Contractor upon contract completion.
B 14.12(c) Allow prime cost sum to provide and maintain broadband internet connection for the use by Project Manager and ...
The unit of measurement shall be the Prime Cost Sum. The Contractor shall supply and install broadband internet facilities to the Project Managers office for use by his team for contract administration. The Contractor shall pay the monthly subscription for the entire period of the project. 50 % will be paid upon supply and installation of the internet facilities.
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The remaining 50% will be spread over the contract duration.
This tendered rates shall include full for supplying of new cell phones and smart cards for the preferred network including maintaining and replacing them if required. The tendered percentage is a percentage of the amount actually spent under Sub-item which shall include full compensation for the handling costs of the Contractor, and the profit in connection with providing the telephone service.
B14.14 Supply of computers and printers, and related equipment.
The unit of measurement shall be the number of approved new computers, printers, scanners and related equipment complete with specified software, supplied and installed as specified and/or instructed by the Engineer.
This tendered rates shall include full compensation for supplying the computers, printers, scanners and related equipment as specified in B1402 (h) complete, including all items as specified in sub clause B1402(j), for their installation and maintenance during the full Contract Period, and for their removal at the end of the Contract Period.
Ownership all computers shall revert to the RDA on the Date of Completion of Contract.
B14.16 Supply of office stationary (Refer clause B1402(n)
The unit of measurement shall be the Prime Cost Sum. The sum shall be used as directed by the Engineer for the supply of stationery as instructed by the Engineer.
This tendered rate shall include full compensation for supplying the requested stationary.
B14.17 Supply of Survey equipment (Refer clause B1402 (o) The unit of measurement shall be the Prime Cost Sum. The sum shall be used as directed by the Engineer for the supply of stationery as instructed by the Engineer.
This tendered rate shall include full compensation for supplying the requested stationary.
B14.18 Uninterrupted power supply (UPS) to Engineers Offices and laboratories The stated sum shall be as directed by the Engineer for the installation of an uninterrupted power supply as described in B1402 (L). The unit of measurement shall be the Lump Sum for supply and installation minimum four number UPS as instructed by the Engineer.
This tendered rate shall include full compensation for supplying and installing the UPS
B14.19 Supply of digital cameras
The unit of measurement shall be the number of approved cameras supplied. The tendered rate for supply of digital cameras shall cover the cost for the provision of the digital cameras as specified in B1402 (I).
B14.20 Provision of laboratory equipment for the laboratories as specified (refer clause B1402(c) xvi)
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The unit of measurement shall be the Lump Sum for the supply and installation of laboratory equipment. The tendered rate for supply of laboratory equipment shall cover the cost for the provision of the equipment as specified in 1402 (c) xvi
SECTION BI500 ACCOMMODATION OF TRAFFIC
BI502 GENERAL REQUIREMENTS
(a) Handing over the Site
Replace the contents of this subclause with the following:
"The road reserves of the roads to be constructed under this Contract will be handed over to the Contractor at commencement of the Contract. The Contractor will be permitted to work on the main, road and any other structure or service provided that a free and safe flow of traffic is maintained during the times that the road would have been accessible before construction started, and that the requirements of the Specifications are complied with. This would require construction of diversions. The Contractor's programme for the accommodation of traffic and any proposed deviation from the approved programme shall be subject to the Project Manager's approval."
Add the following sub-clauses:
(i) Site safety officer
The Contractor shall nominate a competent member of his staff to act as site safety officer with specific responsibilities to ensure that:
draft safe site working procedures and obtain Project Managers approval; Traffic control flagman wear retro-reflective safety vests; the temporary traffic accommodation requirements comply with the Specifications.
The Contractor shall provide the site safety officer with the necessary resources to enable him to carry out his duties efficiently. The site safety officer shall liaise directly with the Project Manager regarding matters related to the control of traffic.
The site safety office shall, inter alia, control and co-ordinate the movement of construction vehicles, be responsible for training the Contractor's staff in terms of road safety, ensure that reflective clothing is worn by all employees working on or near public roads, be responsible for implementing actions requested by the traffic authorities with regard to the work to be carried out, be responsible for the erection and maintenance of all traffic signs necessary for the accommodation of traffic, ensure that all obstructions related to the Contractor's activities are removed before nightfall every day, and ensure that the roads are safe for night traffic. He shall also be available after hours if required to rectify problems or to deal with emergencies.
No additional payment will be made for the site safety officer. The rates tendered for Sections 1300 and 1500 shall be deemed to include full compensation for all costs pertaining to the site safety officer and his duties.
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(j) Penalties for non compliance with traffic accommodation specifications
The Contractor shall comply strictly with all accommodation of traffic specifications and instructions from the Project Manager.
In the case of non-compliance on matters relating to safety, the Contractor shall immediately rectify any problems identified by the Project Manager. The decision on whether a matter affects the safe passage of traffic or not shall be strictly the Project Manager's decision
In the case of non-compliance on matters relating other than safety matters (e.g. dust control, grading of the surface where safety is not involved etc.) the Contractor shall rectify any problems identified by the Project Manager within a maximum of 48 hours of receiving the instruction or such other time period as the Project Manager reasonably will require.
Should the Contractor not comply with the instructions of the Project Manager the following will apply:
(a) on matters relating to safety, a penalty amounting to 0.01% of the Contract price shall be charged on the Contractor for each day that the non-conforming safety matters remain unattended to, (b) on matters not related to safety, a penalty amounting to K2,000,000.00 shall be charged on the Contractor for each day that the non-conforming matters remain unattended to
The imposition of the above penalties will not preclude the Project Manager from stopping the works until the matter is rectified should the Contractor continuously disregard his instructions or should he feel the situation warrants this measure for safety reasons. . Should the Project Manager stop the works for any reason related to non compliance with the specifications on accommodation of traffic, there will be no compensation for any costs incurred by the Contractor as result of such stoppage, nor will there be any extension of time granted as a result.
B 1503 TEMPORARY TRAFFIC-CONTROL FACILITIES
I nsert the following after the second paragraph:
"Should the Contractor park any of his vehicles or construction equipment within the road reserve at night, it shall be done in such a way that the vehicle does not encroach into the traveled way and it shall be properly illuminated and signposted to ensure safe passing by motorists."
(a) Traffic-control devices
Add the following:
"Traffic-control facilities such as STOP and GO signs and two-way radios shall be available at both ends of those sections of the Works, where barricading of the road is required and only one-way traffic is accommodated. A set of two-way radios in good 3-92 Section IX - Contract Forms
working order shall be made available.
When movable temporary signs are used, provision shall be made for sandbags on the sign bases to prevent the signs from being overturned by wind or eddies behind moving traffic. The Contractor shall schedule his activities so that the road will be open to traffic between sunset and sunrise at all times. Temporary signs shall be removed or covered to prevent confusion. However, it is the Contractor's sole responsibility to ensure that a safe and free traffic flow is maintained, in alternate directions, during the day. The Contractor shall erect movable shelters to protect the personnel who man the points as well as the equipment against the elements. For safety purposes, the jackets of the flagmen shall be of a retro-reflective material."
(b) Road signs and barricades
Add the following:
"The retro-reflective coefficients determined according to the methods of SABS 1519, shall be at least 60% of the values given in table 1 of SABS 1519.
The classes shall be as specified in Subclause 5402(g) of the Standard Specifications. Road signs that do not comply with these standards shall be cleaned, retested or removed from the Site and replaced with approved road signs.
The traffic-control facilities and temporary signs that are required are as indicated on the drawings."
(c) Channelization devices and barricades
Add the following:
"Drums shall not be used as channelization devices. However, drums may be used to erect barriers as provided for in Subclause 1503( d).
Delineators shall comply with the following requirements:
(i) A minimum contrast ratio of 4 shall exist between the yellow class 1 retro- reflective material and the black non-reflective material. (ii) Delineators shall be affixed in a flexible manner to the base units and shall be able to withstand wind speeds of at least 60km/h without overturning. The bases shall be stabilized by means of sandbags. (iii) The bottom edge of the delineator shall not be more than 200mm above the road surface.
Cones (red-orange, fluorescent) with a minimum height of 750mm may be used as supplementary traffic-control facilities to delineators. The maximum spacing between centers of delineators or cones is 50m."
B 1504 WIDTH OF DIVERSIONS
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Replace "10m" in the second line of the first paragraph with "7.0m". Replace "5m" in the last line of the first paragraph with "4.0m".
B 1505 TEMPORARY DRAINAGE WORKS
Replace this clause with the following:
The Contractor shall construct the necessary temporary drainage works such as side drains, catchwater drains, mitre drains, culverts, etc. to deal adequately with any surface run-off.
All temporary drainage work required for accommodation of traffic, including for the temporary culverts (or fords) shall be deemed to be included in the rate tendered for Item BI5.01: Accommodating traffic and maintaining diversions.
B 1510 EXISTING ROADS USED AS DIVERSIONS
Replace this clause with the following:
"Where existing roads are to be used as diversions, the Contractor shall, after consultation with the Owner or Authority having control of such road, carry out any repairs, alterations or additions to such roads as may be required to bring them to a condition suitable for traffic. The cost of this work shall be deemed to be included in the rate tendered for item B 15.01: Accommodating traffic and maintaining diversions.
The Contractor shall only become responsible to perform the above-mentioned work on a particular section of road when he commences with the permanent works required of him for that section of road."
B 1511 MAINTENANCE OF GRAVEL DIVERSIONS AND EXISTING GRAVEL ROADS USED ASDIVERSIONS
Replace this last paragraph with the following:
"All maintenance shall be deemed to be included in the rate tendered for Item B15.01: Accommodating traffic and maintaining diversions."
MEASUREMENT AND PAYMENT
Add the following items
B15.14 Self-adhesive white or amber reflective tape strips of size 200mm x 100mm The unit of measurement shall be the number of strips supplied to the Engineer on instruction. The sum shall be used as directed by the Engineer for the supply of stationery as instructed by the Engineer.
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This tendered rate shall include full compensation for supplying the requested strips.
B15.15 Warning signs for vehicles and safety equipment for supervisory staff The unit of measurement shall be the number of each piece of equipment that is supplied to the Engineer on instruction. The sum shall be used as directed by the Engineer for the supply of stationery as instructed by the Engineer.
This tendered rate shall include full compensation for supplying the requested equipment.
SECTION B 1600: OVERHAUL
B1602 DEFINITIONS
(b) Overhaul
No Separate payment shall be made for overhaul of materials within and outside the boundaries of the site on this contract. No payment for overhaul will be considered for materials disposed of or hauled within or beyond the limits of the site. Equally overhaul will not be payable for materials imported from commercial sources and from designated borrow pits alongside the road. The costs of all hauling and overhauling shall be deemed to be included in the rates of the respective items.
SECTION B1700 CLEARING AND GRUBBING
B1701 SCOPE
Add the following:
"This section also covers the clearing and grubbing of the road prism and the cleaning out of existing hydraulic structures and the clearing and grubbing of vegetation from the inlets and outlets of these structures and removal of top soil."
B1703 EXECUTION OF WORK
(a) Areas to be cleared and grubbed
Replace the second paragraph with the following:
"Some areas of the existing road prism will require clearing and grubbing."
(c) Disposal of material
Replace the second paragraph with the following:
"The Contractor shall dispose of all trees, tree stumps, and rubble, undesirable material removed from hydraulic structures, refuse, and all non-combustible rubbish at approved dumping sites provided by the Contractor."
Add the following additional sub clauses:
95
"(e) Cleaning out of hydraulic structures
After the instruction for the cleaning out of hydraulic structures has been carried out, the Contractor shall be responsible for maintaining the hydraulic structures in a clean condition for the duration of the contract.
(f) Clearing and grubbing at inlets and outlets of hydraulic structures
All vegetation and shrubs which may impede the inflow or discharge of stormwater through culverts, shall be cleared and grubbed as directed by the Project Manager, and the resulting debris shall be disposed of at an approved spoil site."
(g) Removal of topsoil
Topsoil shall be removed to a depth of 150mm or as instructed by the Project Manager and conserved as instructed by the Project Manager. The entire construction width shall be stripped of topsoil as directed by the Project Manager. The rate paid for removal of topsoil shall include all cost for the removal of topsoil to the depth instructed by the Project Manager. No additional payment will be made for conservation measures, stockpiling or re-handling of topsoil to embankment slopes or disposal.
SECTION B2100: DRAINAGE
Item Unit
The relevant items in the BOQ will be carried out upon instructions which shall be issued by the engineer.
SECTION B3100: BORROW MATERIALS
B3102 NEGOTIATIONS WITH OWNERS AND AUTHORITIES
I nsert the following after the first paragraph:
"Certain borrow pits have been identified by the Project Manager as sources for materials, and other sources may from time to time be identified by the Project Manager and tested by the Contractor, or identified and tested by the Contractor and approved by the Project Manager. The Contractor will however be solely responsible for all obligations and costs in respect of negotiations with and compensation of the owners of the land on which the borrow areas are situated, irrespective of whether the borrow pits have been identified by the Project Manager or found by the Contractor.
Add the following:
"If it so happens, at any time during construction, that new settlements have taken place on designated areas to be used for construction purposes outside the road 3-96 Section IX - Contract Forms
reserve, such as material sources indicated on borrow pit plans, and the Contractor requires the use of such areas, he shall give the Project Manager at least sixty days notice of his required entry and use of the areas.
The Project Manager or his representative shall, with assistance from the local authority and the representative of the Department of Roads, arrange the required permission for the Contractor to enter the designated area and perform the required work all in compliance with the specifications. The Contractor shall not enter the area until the approval of the Project Manager has been given. If compensation for materials or for loss of crops and/or habitation is required by the local inhabitant of the said area, such compensation shall be negotiated with the inhabitant paid by the Contractor on written instruction of the Project Manager. The Contractor shall then be reimbursed under the provisional sum provided for this purpose.
The negotiations and compensation agreed upon must be recorded in writing and must be submitted to the Project Manager for approval before payment will be authorized."
B3104 OBTAINING BORROW MATERIALS
(b) Borrow pit plans
Amend the first sentence of the second paragraph as follows:
-after "inadequate or insufficient" and before "the contractor shall make use .... "" add "or should the Project Manager decide that another source is better suited."
Replace all references to ''borrow pit plans" with ''borrow pit information"
Replace the last sentence of the second paragraph with the following:
"The cost of such assistance will be for the Contractor's account, except for the provision of the Contractor's Equipment, requested by the Project Manager for that purpose, which shall be paid for under day works."
B3108 CLASSIFICATION OF BORROW PITS FOR GRAVEL MATERIALS FOR PAVEMENTLAYERS
Replace the contents of this clause with the following:
"Borrow pits for the exploitation of gravel materials shall be classified in accordance with the same classification as that described in Clause 3303 for mass earthworks. Borrow pits for exploiting stone for pavement or crushing, and borrow pits for sand shall not be classified for purposes of payment.
The Project Manager shall have the right to decide which borrow pit shall be operated by the Contractor at any particular stage of the work and to instruct the search for and use of and approve new borrow pits during the construction period."
B3109: MEASUREMENT AND PAYMENT
Notes:
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(b) Prospecting for materials
Replace this note with the following:
"(b) Prospecting for material
No separate payment will be made for excavating trial pits according to a grid pattern as ordered by the Project Manager over any potential area, and for assistance rendered by the Contractor, as may be directed by the Project Manager, in prospecting for additional material, except for the provision of the Contractor's Equipment, requested by the Project Manager for that purpose, which shall be paid for under day works.
The cost for all such work, except for the provision of the Contractor's Equipment, shall be deemed to be included in the Contractor's other rates tendered for the construction of the Works as specified."
SECTION B3200: SELECTION, STOCKPILING AND BREAKING-DOWN THE MATERIAL FROM BORROW PITS AND CUTTINGS, AND PLACING AND COMPACTING THE GRAVEL LAYERS
B 3203 STOCKPILING THE MATERIAL
Replace the first sentence of the first paragraph with the following:
"The Contractor shall so plan his activities that materials excavated from borrow pits, cuttings and existing pavements and fill, in so far as is possible, can be transported direct to and placed at the point where it is to be used.
B3209 ROCK FILL
Rock fill to the lower layers in dambo areas shall be completed in accordance with sections 3200 and 3300 compacting to refusal prior to laying of sand or granular materials on top.
B 3212 MEASUREMENT AND PAYMENT.
The Contractor will be entirely responsible for locating suitable sources of materials complying with the Standard and Special Specifications, and for the procurement, winning, selection and blending including any modifications to make suitable material, all haulage to site of these materials and all costs involved therein. Similarly the contractor shall be responsible for the provision and costs involved in providing suitable areas for stockpiling materials and spoil dumps. Should there be suitable sites for spoil dumps or stockpiles within the road reserve forming the site of the works the Contractor may utilize these subject to the approval of the Project Manager.
No additional payment will be made to the Contractor to cover costs arising from the requirements for this section and the Contractor must include these costs in the rates inserted in the Bills of Quantities. 3-98 Section IX - Contract Forms
SECTION B3300 MASS EARTHWORKS
B3301 SCOPE
Add the following paragraph:
"This section also covers the widening of existing cuttings, fills and roadbeds.
B3302 MATERIALS
(b) Fill
Replace the sub clause (i) with the following:
Fill material plasticity index shall be less than 40%, Weight of organic matter should be less than 5% and the maximum CBR swell % is 2. The minimum MDD value on compaction test for the material should be more than 1500 kg/m3. The maximum particle size of fill material shall be 2/3 of compacted layer thickness and maximum compacted layer thickness is 250mm. In case of rock fill, maximum layer thickness in one operation is 1.00m; maximum particle size is decided as above and within 1.00m from the selected layer formation level, rock fill shall not to be used in the earthworks.
Add the following paragraph to sub-clause (iii):
"Where existing fills are to be widened, or where new fills are to be constructed adjacent to existing fills, the material so placed shall be compacted to at least 93% of modified AASHTO density."
B3305 TREATING THE ROADBED
(a) Removal of unsuitable material.
The obligations under this section include treating any anthills area after excavation and before backfilling of cavities, with an approved ant control chemical. The tendered rate shall include all such costs.
(c) Preparing and Compacting road bed.
The suitable roadbed material may be scarified, watered and compacted to 90% of modified AASHTO density for a minimum depth of 150mm. The unsuitable roadbed material shall be replaced as per section 3305(a).
Add the following sub-clause:
(g) Widening the roadbed
99
Where the road is to be widened, and where so instructed by the Project Manager, the roadbed shall be treated in accordance with the provisions of clause 3305. Where un- compacted roadbed material occurs below the outer part of the fills, the fill material shall be cut back or cut away to expose the full width of the roadbed widening to be treated."
B3306 CUT AND BORROW
(e) Temporary stockpiling of materials
Add the following:
"The Contractor shall plan his activities so that materials excavated from borrow areas, cuttings and existing pavement and fills can be directly transported to and placed at the designated points.
The temporary stockpiling of material will not be paid for separately unless instructed by the Project Manager, and full compensation will be deemed to have been included in the rates tendered for the various payment items for work in which the stockpiled material is to be used."
B3307 FILLS
(a) General
Add the following:
"Where existing embankments are to be widened, or where new embankments are to be constructed adjacent to existing embankments, the existing side slopes shall be benched as specified in Sub-clause 3307(d) and in accordance with the details on the Drawings."
(d) Benching
Replace the first sentence of the second paragraph with the following:
'The dimensions of benches as well as the extent to which existing fills have to be cut back to form benches shall be subject to the Project Manager's approval."
Add the following:
"In order to obtain sufficient working width for road-building equipment when the existing road fill is widened, it may be necessary to form benches that extend beyond the normal road prism or to cut back into the existing road fill or both. The Contractor shall submit his proposals in this regard to the Project Manager for approval before proceeding with such work. Where benching is required to accommodate earthworks for widening the road, the bid rate for compaction of existing ground shall be deemed to cover this activity.
(i) Widening of fills
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Replace with the following:
Where existing or eroded fills are to be widened, the existing fill slopes or eroded faces and the roadbed onto which the new fills are to be constructed, shall be cleared and grubbed, if so ordered by the Project Manager in writing. The clearing and grubbing shall be done in accordance with the provisions of section 1700. Subsequently the new roadbed shall be treated in accordance with the provisions of clause 3505.
Where existing or eroded fills are required to be widened or where already constructed fills are required to be widened or flattened, it shall be done by way of bench construction as described in sub-clause 3307( d) in order to form a firm bond. During these operations there shall be close liaison between the Project Manager and the Contractor.
Benches of not more than 500mm deep shall be cut into the existing fill. In the case of fills of less than 1m in height, and in the upper metre of any fill, the benches shall not be deeper than the layer thickness prescribed for construction of the widening, depending on whether or not un-compacted fill materials occurs in the side of the existing fill.
The benches shall extend into the properly compacted portion of the original fill material to the satisfaction of the Project Manager. All suitable material from benches shall be used in the construction of the widened section of the fill. Unsuitable material shall be removed as instructed by the Project Manager. Benches shall be compacted together with the fill widening during the construction of the fill.
Material from benches used in fill will be paid for as "cut to fill". Spoil material from the benches will be paid for as "cut to spoil".
Where the existing fill consists of rock fill, the new section shall also consist of rock fill, unless otherwise approved by the Project Manager. Where a rock fill is widened by adding soil or gravel material, the contractor shall obtain prior instructions from the Project Manager as to the type of subsoil drainage to be provided and other measures to be taken. Benching in rock fills shall be planned in consultation with the Project Manager.
For the subsoil drainage required by the Project Manager in the widening of fills, payment will be made in accordance with section 2100."
The contractor must anticipate construction of embankments of 2-2.5m in the dambo areas (Vleis).
B3308 FINISHING OF SLOPES
(d) General
Add the following paragraph:
"No extra over payments will apply to the finishing of slopes in restricted areas."
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B3312 MEASUREMENT AND PAYMENT
The tendered rates for all materials and respective items shall also include full compensation for hauling of material as provided for in the BOQ
B33.01 Cut and borrow to fill including a free haul up to 1.0 Km
Add the following to the payment paragraph:
The unit of measurement shall be the cubic meter of material measured in the compacted fill. Tendered rate shall include all costs as described in item 33.01 but for a free haul distance of 1.0 Km
B33.07 Removal of unsuitable material (including free-haul of 1.0 km): Add the following to the payment paragraph:
The unit of measurement shall be the cubic meter of unsuitable material removed by the Contractor in accordance with the Engineers instructions. The tendered rate shall include all costs as described in item 33.07 but for a free haul distance of 1.0 Km
SECTION B3400: PAVEMENT LAYERS OF GRAVEL MATERIAL B 3401 SCOPE
Add the following:
"This section also covers the reprocessing or replacement of existing pavement layers over part of or over the full road width. It also covers the addition of material to existing layers."
B 3402 MATERIALS
(a) General
Replace with the following
Notwithstanding the indications on the drawings regarding the possible use of the sources of natural material tested, it shall be incumbent on the Contractor to use only material which complies with the prescribed requirements for use in the relevant pavement layers. The potential of each source of material for use in the fill or layer- works shall be ascertained by the contractor from the test results and any other tests the contractor may conduct
The contractor may be instructed to perform additional soil investigations regarding the suitability of the existing gravel materials for re-use in the sub-base or be required to perform additional tests on borrow materials to confirm their suitability and availability for the layer works.
No separate payment will be made for excavating trial pits, as ordered by the Project Manager for any further investigations or for assistance rendered by the Contractor as 3-102 Section IX - Contract Forms
directed by the Project Manager, in this regard, except for the provision of any Contractor's equipment, requested by the Project Manager for that purpose, which shall be paid for under Day-works.
Where natural gravel does not fully comply with the requirements in respect of maximum size after having been broken down as determined in clause 3204, oversize material shall be removed as specified in clause 3210.
Gravel material for pavement layers may also be material recovered from existing pavement layers, or imported material approved by the Project Manager.
Mixtures of surfacing and other material used in pavement layers shall not contain fragments of surfacing material exceeding 37.5 mm in size, and any such larger fragments shall be removed by hand at the expense of the Contractor.
(b) Selected layer This layer is the selected sub-grade layer.
The select layer requirements are modified as follows.
CBR of not less than 10% measured after 4 day soak on a laboratory mix compacted to a dry density of 93% (Modified AASHTO ) Plasticity Index less than 20 % Swell less than 1% on the laboratory mix sample. Max particle size= 2/3 of layer thickness
(f) Compaction requirements
The maximum layer thickness in one lift is 150mm for all pavement layer works.
The minimum in situ dry density of gravel material shall be as specified hereinafter for the respective layers in terms of a percentage of modified AASHTO density.
Selected layer : 93% Subase : 95% for material not chemically stabilized. 95% for chemically stabilised material Base : 97% for chemically stabilized or bitumen emulsion treated material Shoulder and wearing course : 95%
At pipe culverts, all fill above ground level around the culverts shall be compacted to density of 93 % MDD (Modified AASHTO) up to the level of the top of the pipes or top of the surround(s), if any and for a width equal to the internal diameter of the pipe on either side of the pipe(s) or surround(s) as applicable. At locations adjacent to structures, all fill above ground level up to the underside of the selected layer shall be compacted to density of 93 % MDD (Modified AASHTO).
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B3403 CONSTRUCTION
(a) Requirements applying prior to the construction of the layer
Add the following:
"Where a layer is constructed on the floor of a pavement excavation, i.e., where the underlying layer has not been reworked or reconstructed, the floor of the excavation shall first be watered and rolled if directed by the Project Manager. The Contractor shall base his tender price on 5 roller passes with rollers specified in Clause 3304. The Project Manager may increase or decrease the number of roller passes or order the use of other rollers."
(f) Classification of layers for payment purposes
Add "compacted or" after "in-situ" in the fourth line of the first paragraph. Add: "Other than as described above in B34.03 (e) there shall be no distinction between in situ pavement layers and other in situ materials"
Add the following subclauses:
"(g) Temporary stockpiling of materials
The Contractor shall plan his activities so that materials excavated from borrow areas, cutting and existing pavements and fills, or imported from commercial sources, can be directly transported to and placed at the designated points.
The temporary stockpiling of material will not be paid for separately unless instructed by the Project Manager, and full compensation will be deemed to have been included in the rates tendered for the various payment items for work in which the material is to be used.
(h) Storing recovered pavement material
Excavated pavement material intended for reprocessing but which cannot be reprocessed inplace or cannot, in the opinion of the Project Manager, be placed in a windrow next to the excavation, nor directly placed in position anywhere else, shall be dealt with as specified in clause 3786."
B 3404 PROTECTION AND MAINTENANCE
Add the following:
"In addition, payment may be withheld at the sole discretion of the Project Manager for any pavement layers on a particular section of the road, until final trimming of the sides of cuts and fills, the construction of side drains, including subsurface drainage where specified through cuttings, the installation of culverts other than low height culverts, etc, have all been completed for that section.
Where paved side drains are specified and the geometric shape of such drains do not permit the completion thereof before the construction of the sub base or subsequent layers a temporary profile will be permitted for the side drain provided that such 3-104 Section IX - Contract Forms
profile shall effect positive drainage of the surface water with no water allowed to pond on and / or against structural layers of the pavement."
B 3407. MEASUREMENT AND PAYMENT
The bid rates shall be measured in m3 include full compensation for procuring, excavating, loading furnishing including all overhaul, crushing, screening and other modifications required to make suitable material, placing, preparing, processing, shaping, watering, mixing, and compacting the materials to the densities according to the Specifications. No other payment shall be made for the costs on such operations except stabilisation of base.
SECTION B3500 STABILIZATION
B3502 MATERIALS
(a) Chemical stabilizing agents
Add the following after the first paragraph:
"(i) The stabilizing agents for the sub-base and base, shall be as indicated on the drawings and/or schedules of quantities.
The quantities of stabilizing and modifying agents indicated in the Schedule of Quantities are based on the percentages derived from provisional testing.
The Project Manager may instruct the Contractor to alter the type and or percentage of stabilizing or modifying agent after tests on the site during the construction period.
(ii) Ordinary Portland Cement
The cement used for this purpose shall be of Zambian manufactured or imported, certified to be in accordance with the Zambian Standard ZSOO 1: 1972 or AASHTO M 12 or BS 12. The main requirements of this Standard are summarized below:
The L.S.F. should not be greater than 1.02 and not less than 0.66.
2. Insoluble Residue
The weight of insoluble residue shall not exceed 3%.
3. Magnesium Oxide
105
The weight of magnesium oxide in the cement shall not exceed 5%.
4. Sulphuric Anhydride
The content of total sulphur in the cement, expressed as SO 3 , shall not exceed 3%.
5. Loss of Ignition
The total loss on ignition at 900C to 1000C shall not exceed 4%.
(b) Physical Requirements
Hardening Ordinary Rapid 1. Specific Surface Minimum Specific Surface (m 2 /kg) 225 325 2. Compressive Strength Minimum average compressive strength of 3 mortar cubes (N/mm 2 )
at 3 days 17.5 23.0 at 7 days 26.5 31.0 3. Setting Times Minimum initial setting time (min) 45 45 Maximum final setting time (hours) 10 10 4. Soundness Maximum expansion (mm) Unaerated cement 10 10 Aerated cement 5 5
Where various grades of OPC are scheduled in the Bill of Quantities, the grade of OPC shall be as specified by the Project Manager on site."
(c)Gravel material requirement before treatment
Grading Natural gravel, Maximum size 10-50mm, Material passing 0.075mm sieve 5 35%
Plasticity index Max 20, Plasticity Modulus Max 2000, 4 day Soaked CBR Min 30.
(d)Material properties after treatment.
CBR of laboratory mix at 97% MDD ( Midified AASHTO) and 7 day cure/ 7 day soak: Min 160. OR UCS of lab mix at 97% MDD (Modified AASHTO) and 7 day cure / 7 day soak: 1.5 to 3.0 Mpa. The preferred strength is on the lower bounds near 1.5 Mpa to enhance designed life. Plasticity Index: Max 6%, Plastic Modulus : Max 250. Time allowed to place protection and curing 4 hrs for cement stabilization and no traffic permitted for first 7 days. 3-106 Section IX - Contract Forms
B3503 CHEMICAL STABILIZATION
(b) Applying the Stabilizer
At the end of the Clause, add the following:
"The spreading of the stabilizer if by mechanical means such as spread trucks shall be checked at regular intervals. If by manual means the spreading of the stabilizer shall be such that the final level of the stabilizer after spreading and when checked with a straight edge shows a uniform and even spreading of the stabilizer;
(d) Watering
At the end of the Clause, add the following:
"The stabilizer shall be mixed in by mechanical means (grader and rotovator) to the full depth of the layer and water added until an uniform moisture content within 1 % of OMC () is obtained. The moisture content shall be checked on site as regular intervals during mixing to ensure the uniformity and the value specified is achieved. The control of the moisture content is vital to reduce shear cracks from compaction.
The Troxler or similar devices shall not be used for this determination. The following in-situ moisture determination tests will be allowed:
Speedy Moisture tester. Hot Plate (electrical or gas) Oven."
(h) Construction Limitations
In Table 3503/1 the following is amended:
The maximum time for completion after the stabilizing agent comes into contact with the material to be stabilized for the agents below shall be:
ifOPC (32.5) is used 6 hours if OPC (42.5) is used 5 hours If blends of lime and OPC or fly ash and OPC are used. 8 hours
B3505 TOLERANCES
(b) Uniformity of mix
Replace this subclause with the following:
(b) Uniformity of mix (chemical stabilization)
The uniformity of mix shall be assessed by sampling and testing the quantity of cementitious binder in the mixed material as specified in subclause 7109(a). The quantity of cementitious binder in the mixed material shall be within the limits
107
specified in the statistical judgment plan described in clause 7205.
Samples for the determination of the uniformity of mix shall be taken immediately after the material has been mixed with the water and stabilizer, and spread, but before the layer is compacted, and the Contractor shall therefore make the necessary arrangements timely and allow for the time to collect the samples. As described in Clause 7l09(a), test results shall be adjusted to make allowance for minerals present in the material to be stabilized, which may affect the test results. The above requirements for uniformity of mix shall be applied only on condition that the variation in these adjustments falls within the limits specified in Clause 7109. The coefficient of variation may not exceed 0.3 (30 %) for material mixed on the spot, and 0.2 (20 %) for material mixed in a mixing plant.
B3506 QUALITY OF MATERIALS AND WORKMANSHIP
(b) Routine inspection and testing
Add the following:
Where the stabilizing agent is to be spread by hand, bags of the stabilizing agent shall be placed on the layer at regular intervals. However, spreading shall only commence when the Project Manager is satisfied that the correct quantity of stabilizing agent has been placed on the layer and has given permission that the stabilizing agent may be spread.
B3507 MEASUREMENT AND PAYMENT
Delete item "35.04 Curing by covering with the subsequent layer" entirely
B3508 STABILIZATION WORK IN RESTRICTED AREAS (Additional clause)
(a) General requirements
The provisions of subsub-clauses 3208(a)(ii) and 3208(b)(ii) in respect of work in restricted areas shall apply mutatis mutandis.
Where existing and new work are joined (longitudinal joints and others), material shall be satisfactorily mixed and compacted without any permeable or loose patches. Sub-clause 3503(g) shall apply.
(b) Chemical stabilization
Where pavement layers are to be widened, no chemical stabilizing agent may be spread or mixed beyond the required width. The Contractor will not be permitted to mix material for stabilization on adjacent surfaces unless he has obtained prior permission from the Project Manager, in writing. Where the existing surfaces of the road may not be used for this purpose, the Contractor shall apply other approved methods of mixing. 3-108 Section IX - Contract Forms
Additional payment will not be considered for additional overhaul or other costs arising from this manner of mixing or working in restricted areas.
SECTION 4000 ASPHALT PAVEMENTS AND SEALS
SECTION B 4100 PRIME COAT
B4102 MATERIALS
(a) Priming material
Add the following:
"The prime coat shall be MC-30 cut back bitumen. The nominal rate of application for tender purposes shall be 1.0 litre/m 2 or adjusted after trials"
SECTION B 5200 GUARDRAIL
B 5202 MATERIAL.
All materials for guardrails shall comply with the requirements of AASHTO M178-98 or SABS 1350. Guardrail posts and spacer blocks shall be galvanised UNP steel profiles 120 x 55x7mm or of the type and size shown on the drawings, with posts driven vertically at least 1.2m into the shoulder as directed by the Project Manager.
Beams for guardrails shall be "Armco Flexbeam" or similar obtained from a manufacturer approved by the Project Manager.
Reflective plates shall be galvanised V-type shape, manufactured from 1.5mm thick mild steel plate, with the outer surfaces coated with engineering grade retro-reflective material. Holes for fixing shall be drilled before the plates are galvanised.
B 6404 CONCRETE QUALITY
(a) General
Add the following:
"The total alkali content (Na20 equivalent) of concrete made from alkali-reactive aggregates shall not exceed 2.1 kg/m 3 . The Contractor shall prove to the Project Manager that the cement delivered to the Site will not produce concrete that will exceed the specified limit."
(b) Strength concrete
Add the following after the fifth paragraph:
109
"The minimum cement content of structural concrete shall be 300 kg/m 3 , but for structures in contact with aggressive water the minimum cement content shall be 420 kg/m 3 ."
(e) Consistency and workability
Add the following:
"For structures in contact with aggressive water the minimum waterlcementratio shall be 0.45."
SECTION B 7100: TESTING MATERIALS AND WORKMANSHIP
B 7108 TESTING TAR, B1TUMEN AND ASPHALT
Add the following sub-clause:
"(d) Certificate of compliance for binder distributor
When so instructed by the Project Manager, the Contractor shall obtain a valid certificate of compliance indicating that the binder distributor to be used complies with TMH2 or approved equivalent."
Add the following new clauses :
"B 7116 TESTS ON RETRO-REFLECTIVE MATERIAL FOR USE ON ROAD SIGNS
Three levels of retro-reflective performance are covered : engineering grade class I, super-engineering grade class II and high-intensity grade class III. The retro-reflective material shall comply with the requirements of SABS 1519. The coefficients of retro- reflection given below are expressed in candellas per lux per square metre (cd/(luxlm 2 )). The coefficients of the specimen, measured in accordance with Clause 3.2 of SABS 1519, shall not be less than the relevant values given in table B 7116/1 below, appropriate to the class of the specimen.
TABLE B 7116/1 COEFFICIENTS OF RETRO-REFLECTION
1 2 3 4 5 6 7 8 9 10 11 Class Observation angle (degrees) Entrance angle (degrees) Coefficient of retro-reflection for different colours of material when measured with Standard Iliuminant A* (cd/(luxlm 2 )) minimum Red Orange Yellow Green Blue Purple White Brown I 0, 3 5 10 20 35 7 3 2 50 3 2 30 0,4 0,8 1,5 0,3 0,1 0,1 2, 35 0,1 3-110 Section IX - Contract Forms
SECTION C10100: SPECIAL ENVIRONMENTAL SPECIFICATIONS
CI0101 GENERAL
The Contractor shall stockpile all topsoil excavated or removed during execution of the Works. The Contractor shall, as far as practicable, ensure that the stockpiles are located where trees can act as buffers to prevent dust pollution, and the stockpiles shal1 not interfere with existing drainage systems; all to the approval of the Project Manager.
The Contractor shall ensure that vegetation clearing is minimized during execution of the Works and that protected three species as listed in the Forest Act are preserved.
The Contractor shal1 ensure that no construction waste is left anywhere on Site or disposed of other than in designated disposal areas approved by the Project Manager. Such waste and any other excess material shall be buried within the road reserve or used for reinstating borrow areas and landscaping around the road or disposed of in accordance with the Environmental Council of Zambia regulations.
The Contractor shal1 ensure that all waste including construction arisings generated during execution of the Works, is collected and disposed of at designated disposal sites in line with the "Waste Management Regulations" of the Environmental Council of Zambia (Annex 1) or shall be re-used or sold for re-use locally as approved by the Project Manager.
The Contractor shall ensure that excess spoil material is disposed of in areas approved by the Project Manager and upon completion of the Works al1 such areas shall be landscaped and rehabilitated to the approval of the Project Manager in accordance with Clause 4.3 herein.
The Contractor shal1 ensure that all hazardous waste, chemicals and toxic substances are handled, treated and disposed of in line with the "Pesticides and Toxic Substances Regulations" of the Environmental Council of Zambia (Annex 2).
CI0102 MATERIAL EXTRACTION
Prior to execution of the Works, the Contractor shall obtain appropriate licenses/permits from relevant authorities including traditional authorities to operate each quarry or borrow area. The Contractor shall ensure that each material extraction site is not located in a forest reserve, national parks, agricultural land, areas of high scenic value, or in the vicinity of settlement areas, cultural or archaeological sites, wetlands, river channels or any other valued ecosystem component and shall be located at not less than 500mfrom such areas. However, where there is no practical alternative, permission shall be sought from the Forest Department, Wildlife Authority, Department of Agriculture, Local Authority, National Heritage Conservation Commission or the Environmental Council of Zambia respectively and an environmental impact study shall be conducted in accordance with the Environmental Impact Assessment regulations of the Environmental Council of Zambia.
CI0103 REINSTATEMENT OF THE SITE
3-112 Section IX - Contract Forms
Upon completion of the Works or as directed by the Project Manger, all borrow pits, quarry sites, access roads, diversions, camp sites and any other temporary Works shal1 be cleared of construction debris and surplus construction material and shall be reinstated as far as practicable to its original condition to the approval of the Project Manager. After which topsoil shall be reinstated over the affected areas to a depth of not less than 150mmto facilitate natural vegetation growth. The Contractor shall ensure that reinstated areas are inherently stable and self-draining.
Where provided for in the Contract, the Contractor shall provide and plant trees in reinstated areas as directed by the Project Manager and shall ensure the survival of planted tress by watering and protecting seedlings from fires, pests and diseases and other anthropogenic factors. The Contractor shall take care of all the required maintenance to the end of the Defects Liability Period.
For such replanting, the Contractor shall have first identified the availability and respective costs of suitable plant species readily available for replanting of reseeding for the approval of the Project Manager. The suitable plant species shall provide vegetative cover to control erosion, provide vegetation diversity, and that will succession, contribution to a stable and compatible ecosystem.
Where, a pit or quarry is declared a usable water source for the local community or livestock in the surrounding areas, the Contractor shall ensure that such areas are reshaped so as to be inherently stable, adequately drained and suitable for the desired long-term land use and minimize the long-term visual impact by creating landforms, which are compatible with the adjacent landscape.
CI0104 WATER RESOURCES MANAGEMENT
The Contractor shall ensure that water flows in rivers, streams and other natural or irrigation channels are maintained and/or re-established where they are disrupted due to the execution of the Works.
The Contractor shall ensure that temporary damming of streams and rivers is done in such a way that disruption of water supplies to communities downstream is avoided and the ecological balance of the river system is maintained.
The Contractor shall obtain a permit from the Water Board and the Local Authority for extraction of both surface and underground water to avoid conflicting with water demands for local communities. Water extraction shall not be permitted from wetlands.
The Contractor shall ensure that disposal of effluent (waste water or water containing spoils) into the aquatic environment shall be in accordance with the "Water Pollution Control (Effluent and Waste Water) Regulations" of the Environmental Council of Zambia (Annex 3), to avoid water pollution.
CI0105 ENVIRONMENTAL HEALTH AND SAFETY
Notwithstanding General Conditions of Contract Clauses 19.1, the Contractor shall ensure the safety and health of the public and workers and meet safety requirements for the operation of the Works, which shall include but not necessarily limited to:
113
(1) Sensitizing workers and local residents in consultation with other stakeholders on the dangers of contracting and spreading sexually transmitted diseases and other health risks including HIV/AIDS that may be compounded as a result of the construction activities. The Contractor must also put in place awareness campaigns on preventing the spread of the HIV/AIDS.
(2) ensuring that stagnant water in uncovered borrow pits is treated to avoid creating breeding grounds for mosquitoes if such pits are within 500m of human settlements or workers' camps.
(3) providing his workforce and the Project Manager's Site staff with protective gear such safety helmets, work boots, etc.; and where appropriate: safety goggles; dust masks; ear/noise protection headgear, etc (4) spraying water on all access roads and diversions to suppress dust emissions in accordance with the "Air Pollution Control (Licensing and Emission Standards) Regulations: of the Environmental Council of Zambia.
(5) ensuring that noise levels emanating from machinery, vehicles and construction activities are kept to a minimum. Noise levels reaching the communities from construction activities shall not exceed 90 decibels.
(6) ensuring that blasting activities are not carried out in the vicinity of settlement areas, cultural sites, wetlands and are located not less than 1,5km from such areas; and that they are carried out during daylight hours after consulting with local communities on the proposed blasting times.
CI0106 DISPLACEMENT AND RESETTLEMENT
The Contractor shall ensure that the execution of the Works does not cause to move or disadvantage people, their property or their activities. In the event of any people or their properties or activities are caused to move or disadvantaged, as agreed necessary by the Project Manager, the Contractor shall formally notify the Project Manager of the physical extent and time frame the Contractor requires to use the areas affected and the Contractor shall submit copies of his notification to the Employer for action in respect of compensation and any other measures required and the Employer shall formally inform, through the Project Manager, the Contractor when the resettlement arrangements have been concluded such that the Contractor shall have access to the affected areas.
CI0107 MEASUREMENTS AND PAYMENTS
The above provisions shall be deemed to be provided at the Contractors cost and priced as part of the Contractor's overheads.
3-114 Section X Specifications
3-115 Section XI Drawings/Maps
Section XI. Drawings/Maps
3-116 Section XI IBOQs
Section XII. Bill of Quantities
117
PREAMBLE
All quantities in the Bill of Quantity contained herein are only indicative or provisional in the sense that there is an on-going review of the design by the consultant whose final report will be the basis for works execution.
1. The Bill of Quantities must be read in conjunction with the Agreement, the Conditions of Contract and the Specifications. The Contractor shall be deemed to have acquainted himself with the specific requirements and standards of the finished Works and the way in which they are to be carried out.
2. The rates and prices to be inserted in the Bill of Quantities are to be the full inclusive value of the work described under the several items, including all costs and expenses which may be required in and for the construction of the work described, together with all general risks, liabilities and obligations set forth or implied in the documents on which the tender is to be based.
3. A price or rate is to be entered against each item in the Bill of Quantities, irrespective of the absence of a quantity. items against which no prices or rates are entered will be deemed to be covered by prices and rates for other items indicated elsewhere in the Bill of Quantities.
4. The quantities indicated against the various Bill items are estimated quantities, and it therefore must not be taken as a guarantee that they will not be exceeded, or that they will be carried out.
5. The quantities shall therefore not be considered as representing the final measurements, it being the intention of the Contract (except where otherwise specifically stated) that the works contained therein shall be measured upon completion by the Employer or his Representative and paid for at the rates given in the Bill of Quantities.
6. The Contractors must note that materials should be ordered for the Contract from working drawings, where available and checked by site measurements. They will not be ordered from the Bill of Quantities, unless express written approval is obtained from the Engineer.
7. The final Contract value shall be determined by substituting the measured and agreed amount of work done under each item in the Bill of Quantities , extending at the tendered Contract rates totalling.
8. The rates quoted by the Contractor must allow for constructing the various sections of the Work comprising the Contract in any reasonable order, or as directed, and must allow reasonable time for all necessary tests on soils and gravels to be carried out during progress of the Works.
3-118 Section XII - BOQs
9. The description of each item in the Bill of Quantities may not be exhaustive. For the full meaning of each item, reference should be made to the specification, Conditions of Contract and drawings. 10. The Contractor must allow in his rates for the delivery of materials to the point of incorporation in the Works, the costs of storage and double handling and for any wastage of materials.
11. All items stated to be provisional in the Bill of Quantities should be used only at the directive of the Engineer.
12. The Contractor shall not carry out any work outside the normal working hours unless authority to do so has been obtained in writing from the Employer or his representative.
13. When the quality of gravel delivered to site contains other material than from the approved quarries, the Employer or the Engineer shall cause them to be removed from the site by the Contractor at the Contractors own expense.
Page 1 of 9 Bill No. Description Total Bill Amount in ZMW
1 General Provisions - 2 Drainage - 3 Earthworks and Pavement Layers - 4 Asphalt Pavements and Seals - 5 Ancillary Roadworks - 7 Testing and Quality Control 60,000,000.00 8 Dayworks - Total of Bill nos 1 to 8 (in Zambian Kwacha) 60,000,000.00 10% Contigencies 6,000,000.00 Sub Total 66,000,000.00 Add 16% VAT 10,560,000.00 Total of Bill of Quantities 76,560,000.00 Grand Total Bill of Quantities Carried to Form of Bid BILL OF QUANTITIES FOR ROAD WORKS The Upgrading to Bituminous Standard of Approximately 78 Km of Mpika via Katibunga through chief Mukungule - Lufila -Kakoko- Kalalantekwe of Road (RD54) in Muchinga Province-Lot 2 Page 2 of 9 BILL NO. 1: GENERAL PROVISIONS Length = 78 km Width = 6.5m Shoulder = 1.5m ITEM PAYMENT DESCRIPTION UNIT QUANTITY RATE AMOUNT NO REFERS ZMW ZMW 1.1 B13.01 TheContractors general obligations: (a) Fixed obligations LS 1.00 (b) Timerelated costs Month 24.00 (c) ProvideProject Signboard as per drawing No 2.00 1.2 B14.01a Provideand equip officefor theuseof Project Manager No. 3.00 1.5 B 14.06 a Provideand equip TypeA domestic accomodation including furnishings and equipment No 4.00 1.5 B 14.06 b Provideand equip TypeB domestic accomodation including furnishings and equipment No 6.00 1.5 B 14.06 c Provideand equip TypeC domestic accomodation including furnishings and equipment No RateOnly 1.6 (a) Rented housing, hotel or other accommodation as described in Subclause1403 (c) (ii) PS 1.00 1.7 (b) Handling costs and profit % 14.08 Services (a) Services at Offices and Laboratories 1.8 B14.08 aii (ii) Serviceand maintain Project Managers Offices, laboratory and survey equipment month 24.00 (b) Services for Project Managers Accomodation 1.9 B14.08 b ii (ii) Serviceand maintain Project Managers TypeA domestic accomodation month 24.00 (c ) Services for Engineers Staff 1.10 B 14.08 biii (ii) Serviceand maintain Project Managers all TypeB domestic accomodation month 24.00 14.11 Purchaseand supply of Project Vehicles for Supervision by the Regional RDA representatives (PC Sums): 1.11 B14.11 a (a) New ToyotaHilux DoubleCab, 4*4, 3000cc diesel engine capacity, completewith accessories as directed by theEngineer, comprehensively licensed and insured for theduration of theproject. OneVehicleto bespecifically assigned to theRegional Engineer- Contracts for project monitoring,supervision,and Measurement and Certification of Payments for contractors in liason with the consultant No Not used 1.12 B14.11 b (b) Providenew, 4WD doublecabin pickups of minimum3000cc diesel enginecapacity No Not used 1.13 B14.11 c (c ) Providenew, singlecab of minimum2500cc diesel engine capacity No Not used 1.14 B14.11 d (d)Providedriver, fuel, lubricants, servicemaintenance, tyres and repairs for doublecab & singlecab km-month Not used 1.15 B 14.12 Allow primecost sum to provideand maintain five(5) number 2 way radio for useby theProject Manager and his staff PC Sum 1.00 200,000.00 200,000.00 1.16 B 14.13 a Allow primecost sum to provideand maintain landlinephonewith fax machinefor theuseby Project Manager and his staff PC Sum 1.00 100,000.00 100,000.00 1.17 B 14.13 b Allow primecost sum to provideand maintain broadband internet connection for theuseby Project Manager and his staff PC Sum 1.00 60,000.00 60,000.00 E.O item1.15,1.16 and 1.17 for contractors overhead and profit % CARRIED TO NEXT PAGE The Upgrading to Bituminous Standard of Approximately 78 Km of Mpika via Katibunga through chief Mukungule - Lufila -Kakoko- Kalalantekwe of Road (RD54) in Muchinga Province-Lot 2 Page 3 of 9 ITEM PAYMENT DESCRIPTION UNIT QUANTITY RATE AMOUNT NO REFERS ZMW ZMW BROUGHT FORWARD 1.18 B 14.13 c Allow primecost sum to providecompensation for land acquisition as directed by Project Manager PC Sum 1.00 10,000.00 10,000.00 E.O item1.18 for contractors overhead and profit % 1.19 B 14.13 d Allow primecost sum to providecompensation for dislocation of houses as directed by Project Manager PC Sum 1.00 150,000.00 150,000.00 E.O item1.19 for contractors overhead and profit % 1.20 B 14.14 Allow primecost sumfor compliancewith health and safety requirements with regards to HIV / AIDS & environmental issues PC Sum 1.00 150,000.00 150,000.00 E.O item1.20 for contractors overhead and profit % 150,000.00 1.21 B14.15 As built drawings L.sum 1.00 1.22 B14.16 Attachment of Clients staff to sitefor training purposes Month 10.00 10,000.00 100,000.00 E.O item1.22 for contractors overhead and profit % Traffic shall bemaintained at all times by providing and maintaining suitabledeviations. This bill includes theprovision of signs and traffic flagmen, lighting, etc. to facilitatefor safemovement of traffic through deviation 1.24 B15.01 Accommodating traffic and maintaining diversions months 24.00 15.02 Earthworks for diversions: 1.25 (a) Shaping of diversions km 78.00 1.27 B15.05 Gravelling and repair of diversions m 3 81,291.00 1.29 16.02 Overhaul on material hauled in excess of 10km(ordinary overhaul) m 3 -km 83,300.00 16.03 Construct speed humps for thesafety of road users as instructed by theEngineer m 3 13 1.30 17.01 Clearing and grubbing ha 97 1.31 B 17.05 Removetop soil to adepth not exceeding 200mm, stockpilefor reuseon completed embankment sideslopes or spoil surplus as directed by theProject Manager (Provisional) m 3 147,098.00 B17.02 Removal and grubbing of largetrees and treestumps 1.32 (a) Girth exceeding 2 mand up to and including 3 m(Provisional) No. 41 1.33 (b) Girth exceeding 3 mand up to and including 4m (Provisional) No. 8.00 TOTAL CARRIED TO SUMMARY OF BILL OF QUANTITIES BILL No. 2: DRAINAGE ITEM PAYMENT DESCRIPTION UNIT QTY RATE AMOUNT NO REFERS (ZMW) ZMW 2100 DRAINS 21.01 Excavation for open drains including optic fibreinstallation (a) Excavating soft material situated within thefollowing depth ranges below thesurfacelevel: 2.1 (i) 0 mup to 1,5 m(Provisional) cu.m 130,379.20 (b) Extraover subitem21.01 (a) for excavation in hard material irrespectiveof depth (provisional): cu.m 13,037.92 2.2 21.05 Banks and dykes cu.m - 2.3 21.16 Backfilling existing eroded sidedrains cu.m RateOnly 21.18 Excavation for theclearing of existing drainagesystems (a) Manholes and inlet and outlet structures cu.m RateOnly 2.4 (b) Culvert barrels cu.m RateOnly 2.5 (c )Concretesidedrains cu.m RateOnly 2.6 21.19 Selected backfill material under concretelined sidedrains compacted to 93 % of modified AASHTO density cu.m 1,646.40 B2200 PREFABRICATED CULVERTS The Upgrading to Bituminous Standard of Approximately 78 Km of Mpika via Katibunga through chief Mukungule - Lufila -Kakoko- Kalalantekwe of Road (RD54) in Muchinga Province-Lot 2 Page 4 of 9 B22.01 Provideand lay new pipeculverts with concretebedding and surround and build headwalls completewith inlet and outlet structures as shown on thedrawings for: 2.7 a 600 No RateOnly 2.8 b 900 No 48.00 2.8 c 1200 No RateOnly
B22.02 Provideand lay new doublepipeculverts with concretebedding and surround and build headwalls completewith inlet and outlet structures as shown on thedrawings for: 2.9 a 600 No RateOnly 2.10 b 900 No 10.00 2.11 c 1200 No RateOnly
B22.03 Provideand lay new triplepipeculverts with concretebedding and surround and build headwalls completewith inlet and outlet structures as shown on thedrawings for: 2.12 a 600 No RateOnly 2.13 b 900 No RateOnly 2.14 c 1200 No RateOnly B22.04 Provideand lay new quadruplepipeculverts with concretebedding and surround and build headwalls completewith inlet and outlet structures as shown on thedrawings for: 2.15 a 600 No RateOnly 2.16 b 900 No RateOnly 2.17 c 1200 No RateOnly B22.05 Excavateexisting culvert and takegood pipes to store, provideand lay new pipeculverts with concretebedding and surround and build headwalls completewith inlet and outlet structures as shown on the drawings for: 2.18 a 600 No 30.00 2.19 b 900 No 10.00 2.20 c 1200 No RateOnly B22.06 Excavateexisting culvert and takegood pipes to store, provideand lay new doublepipeculverts with concretebedding and surround and build headwalls completewith inlet and outlet structures as shown on thedrawings for: 2.21 a 600 No RateOnly 2.22 b 900 No 8.00 2.23 c 1200 No RateOnly B22.07 Excavateexisting culvert and takegood pipes to store, provideand lay new triplepipeculverts with concretebedding and surround and build headwalls completewith inlet and outlet structures as shown on thedrawings for: 2.24 a 600 No RateOnly 2.25 b 900 No RateOnly 2.26 c 1200 No RateOnly
B22.08 Provideand lay new prefabricated portal and rectangular culverts with concretefloors, headwalls, wingwalls, inlet and outlet structures as shown on thedrawings for: 2.27 a 1800mmx1800mm No. 2.28 b 2000mmx2000mm No. RateOnly 2.29 c 2500mmx2500mm No. 4.00 2.30 d 3000mmx3000mm No. RateOnly 2.31 e 3600mmx3600mm No. RateOnly B22.09 Excavateexisting Culvert and takegood pipes to store,Provideand lay new doubleprefabricated portal and rectangular culverts with concretefloors, headwalls, wingwalls, inlet and outlet structures as shown on thedrawings for: 2.32 a 1800mmx1800mm No. 14.00 2.33 b 2000mmx2000mm No. RateOnly 2.34 c 2500mmx2500mm No. RateOnly 2.35 d 3000mmx3000mm No. RateOnly 2.36 e 3600mmx3600mm No. RateOnly CARRIED TO NEXT PAGE ITEM PAYMENT DESCRIPTION UNIT QTY RATE AMOUNT NO REFERS ZMW ZMW B22.10 Provideand lay new Tipleprefabricated portal and rectangular culverts with concretefloors, headwalls, wingwalls, inlet and outlet structures as shown on thedrawings for: 2.37 a 1800mmx1800mm No. 11.00 2.38 b 2000mmx2000mm No. RateOnly 2.39 c 2500mmx2500mm No. 7.00 2.40 d 3000mmx3000mm No. RateOnly 2.41 e 3600mmx3600mm No. RateOnly B22.11 Extend existing box culverts 2.42 a 600 m RateOnly 2.43 b 900 m RateOnly 2.44 c 1200 m RateOnly 2.45 d 1800 m RateOnly Page 5 of 9 2.46 B22.12 Demolition of existing stonemasonry/concreteor drifts m 65.00 2.47 B22.13 Hand excavation to determinetheposition of existing services (Provisional sum) P.sum RateOnly B22.14 Construct Box Inlet Structureaccording to thedrawings 2.48 a 600 No RateOnly 2.49 b 900 No RateOnly 2.50 c 1200 No RateOnly 2300 CONCRETE LINING FOR OPEN DRAINS ETC. 23.01 Concretekerbing 2.51 (a) (Description of typewith referenceto drawing) m 29,400.00 23.03 Concretechutes (typical designs) 2.52 (e) (Description of typewith referenceto drawing. Statewhether prefab or cast in situ and class of concrete) m 490.00 23.07 Trimming of excavations for concretelined open drains 2.53 (a) In soft material sq.m 8,232.00 2.54 (b) In hard material sq.m 2,205.00 23.08 Concretelining for open drains 2.55 (a) Cast in situ concretelining (concreteclass 25/19, trapezoidal type) cu.m 2,469.60 2.56 (b) Class U2 surfacefinish to cast in situ concrete(trapezoidal type) sq.m RateOnly 2.57 (c) Extraover item23.08 (a) for theprovision of 86 Conforce Wiremesh sq.m RateOnly 23.09 Formwork to cast in situ concretelining for open drains (Class F2 surfacefinish) 2.58 (a) To sides with formwork on theinternal faceonly sq.m RateOnly 2.59 (c) To ends of slabs sq.m 17.00 2.60 23.10 Sealed joints in concretelinings of open drains (description of type with referenceto drawing) m RateOnly 2.61 23.11 Concretescreed or backfill below chutes (concreteclass 25/19) cu.m 264.60 2.62 23.13 Polyethylenesheeting (0,15 mmthick) for concretelined open drains sq.m RateOnly 25.01 Stonepitching 2.63 (d) Stonepitching on aconcretebed total thickness 200mm. m 2 1,470.00 25.03 StoneMasonry Walls/Aprons 2.64 (b) Cement -mortored stonewalls m 3 RateOnly B25.08 Build Headwall/wingwall completewith aprons and rip/rap: 2.65 a 600 No RateOnly 2.66 b 900 No RateOnly 2.67 c 1200 No RateOnly 2.68 B25.09 Construct masonry scour checks (Provisional) No 416.50 2600 GABIONS 26.01 Foundation trench excavation and backfilling 2.69 (b) in soft material cu.m 1,351.81 2.70 26.02 Surfacepreparation for bedding thegabions sq.m 901.21 2.71 26.03 Gabions 2.72 (a) Galvanised gabion boxes (dimensions of box and mesh sizeto be given) cu.m 1,117.20 TOTAL CARRIED TO SUMMARY OF BILL OF QUANTITIES BILL NO. 3: EARTHWORKS AND PAVEMENT LAYERS OF GRAVEL OR CRUSHED STONE ITEM PAYMENT DESCRIPTION UNIT QUANTITY RATE AMOUNT NO REFERS ZMW ZMW 3100 BORROW MATERIALS 3.1 31.01 Excess Overburden (provisional) cu.m. 115,839.68 The Upgrading to Bituminous Standard of Approximately 78 Km of Mpika via Katibunga through chief Mukungule - Lufila -Kakoko- Kalalantekwe of Road (RD54) in Muchinga Province-Lot 2 Page 6 of 9 31.03 Clearing of borrow or gravel pits and reinstateafter use (provisional) Ha 25.00 3209 Placing and compacting the materials in excess of 200mm after compaction 32.09 (c ) Rock fill in lower layers of fills in dambo areas (Provisional) cu.m. 19,551.00 3300 MASS EARTH WORKS 33.01 Createthestandard cross section of finished road. Rip, scarify insitu material to depth of 150mm, water, mix, shapeto thegiven standard cross section and compact to 90% Mod.AASHTO (93% for sand), as shown on thedrawings and Specifications and/or as instructed by theEngineer on site. km 78.00 33.02 Cut and borrow to fill including freehaul up to 10 km (a) Gravel material in compacted layers thickness of 200mmand less: (i) Compacted to 90% Mod. AASHTO (provisional) cu.m 193,550.00 33.04 Cut to spoil, including freehaul up to 10 km material obtained from (c) Hard excavation cu.m 19,355.00 33.07 Removal of unsuitablematerial including freehaul of 10 km: (a) In layer thickness of 200 mmor less: (i) Stablematerial (provisional) cu.m 147,098.00 (ii) Unstablematerial cu.m 14,709.80 33.10 Road bed preparation and thecompaction of material (b) Compaction of 93% of modified ASSHTO density cu.m 150,969.00 33.12 In-situ treatment of roadbed: (a) In-situ treatment by ripping (provisional) cu.m 75,484.50 (b) In-situ treatment by blasting(provisional) cu.m 7,548.45 33.13 Finishing off cut and fill slopes, medians and interchangeareas: (b) Fill slopes(provisional) sq.m 4,900.00 3400 PAVEMENT LAYERS OF GRAVEL 34.01 Pavement layers constructed fromgravel taken fromcut or borrow, including free-haul up to 10.0 km: (c) Provide, lay, water, mix and compact to 150mmthick gravel subbasematerial to 95% Mod. AASHTO in accordancewith Specifications. cu.m 96,387.90 (f) Provide, lay, water, mix and compact to 150mmthick chemically stabilised gravel to 98% Mod. AASHTO in accordancewith Specifications. cu.m 82,452.30 35.02 Chemical stabilising agent: (a) Ordinary Portland cement t 7,890.69 TOTAL CARRIED TO SUMMARY OF BILL OF QUANTITIES BILL No. 4: ASPHALT PAVEMENTS AND SEALS ITEM PAYMENT DESCRIPTION UNIT QUANTITY RATE AMOUNT NO REFERS ZMW ZMW
4000 ASPHALT PAVEMENT AND SEALS 4100 PRIME COAT 41.01 Primecoat: 4.1 (c) MC-30 cut-back bitumen at 1.0 Ltr/m 2 litre 765,510 4.2 41.03 Extraover item41.01 for applying theprimecoat in areas accessible only to hand held equipment litre 76,551 4200 ASPHALT BASE AND SURFACING (b) Continuously grade asphalt surfacing 42.01 Apply SS60 tack coat at 0.5l/m2 sq.m RateOnly 42.02 Supply, lay, roll and compact 0/12mmhot-mix asphalt, 50mmthick sq.m RateOnly 4500 DOUBLE SEALS 45.01(a) Double Seals Using 4.6 (c) 19 mmand 9.5mmaggregates applied at arateof 100m2/m3 and 120m2/m3 respectively and 80/100 penetration-grade) straight run bitumen at arateof 2.4 litres per sq.m sq.m 1,531,020.00 45.04 Application of fog spray consisting of: The Upgrading to Bituminous Standard of Approximately 78 Km of Mpika via Katibunga through chief Mukungule - Lufila -Kakoko- Kalalantekwe of Road (RD54) in Muchinga Province-Lot 2 Page 7 of 9 (a) 60% spray-gradeemulsion (provisional) litre 612,408.00 45.02 (a) Bituminous binder variations: Add to or deduct fromitem45.01 for increasing or decreasing therateof spray bitumen as instructed by Engineer 4.7 (c) 80/100 penetration gradebitumen litre 153,102 45.03 (a) Aggregate variations: Add to or deduct fromitem45.02 for increasing or decreasing therateof application of aggregates as instructed by Engineer 4.8 (a) 19 mmaggregate cu.m 766 (b) 9.5 mmaggregate cu.m 638 TOTAL CARRIED TO SUMMARY OF BILL OF QUANTITIES
BILL NO. 5: ANCILLARY ROADWORKS ITEM PAYMENT DESCRIPTION UNIT QUANTITY RATE AMOUNT NO REFERS ZMW ZMW 5100 MARKER AND KILOMETRE POSTS 5.1 51.01 Marker posts ( Provisional) No. 106 5.2 51.02 Kilometreposts (Provisional) No. 32 5.3 Concreteposts (speed humps) (Provisonal) No. rateonly Guardrails on steel posts as directed by Project Manager: 5.4 52.02 (a) Galvanized (Provisonal) m 3,000 52.04 End units 5.5 (b) Terminal sections in accordancewith thedrawings where singleguardrail sections areused (Provisonal) No 18 5400 ROAD SIGNS 5.6 B54.01 Provideand erect standard control signs as directed by theProject Manager (provisonal) No 70 5500 ROAD MARKINGS 55.03 Hot-melt plastic road marking material (with Ballotini beads): 5.15 (a) Whitelines (broken or unbroken), width=100 mm) km 78 5.16 (b) Yellow lines (broken or unbroken), width =100 mm km 156 5.17 (d) Whitelettering and symbols sq.m 15 5.18 (e) Yellow lettering and symbols sq.m 15 5.19 (f) Traffic island markings (any colour) sq.m RateOnly 5.21 55.06 Setting and premarking thelines (excluding thetraffic islands markings, lettering and symbols) km 257 TOTAL CARRIED TO SUMMARY OF BILL OF QUANTITIES BILL NO. 7: TESTING AND QUALITY CONTROL ITEM PAYMENT DESCRIPTION UNIT QUANTITY RATE AMOUNT NO REFERS ZMW ZMW 7100 TESTING OF MATERIALS AND WORKMANSHIP 71.02 Other special tests requested by theEngineer 7.1 (a) Cost of testing PC Sum 1 60,000,000.00 60,000,000.00 - 7.2 (b) Chargeon primecost sum % - TOTAL CARRIED TO SUMMARY OF BILL OF QUANTITIES 60,000,000.00 ITEM PAYMENT DESCRIPTION UNIT QUANTITY RATE AMOUNT REFERS ZMW ZMW The Upgrading to Bituminous Standard of Approximately 78 Km of Mpika via Katibunga through chief Mukungule - Lufila -Kakoko- Kalalantekwe of Road (RD54) in Muchinga Province-Lot 2 BILL.8: DAYWORKS The Upgrading to Bituminous Standard of Approximately 78 Km of Mpika via Katibunga through chief Mukungule - Lufila -Kakoko- Kalalantekwe of Road (RD54) in Muchinga Province-Lot 2 The Upgrading to Bituminous Standard of Approximately 78 Km of Mpika via Katibunga through chief Mukungule - Lufila -Kakoko- Kalalantekwe of Road (RD54) in Muchinga Province-Lot 2 Page 8 of 9 8100 LABOUR Thedayworks rates for labour shall bethetotal amounts payable and shall includeall costs such as allowances for complying with the labour laws, insurances, accommodation, traveling time, overtime, useand maintenanceof small tools of trade, supervision, overheads and profit. Only theactual timeengaged upon thework will bepaid for. 8.1 81.01 ExpatriateForeman hr 100
8.2 81.02 ExpatriateEquipment Operator hr 100
8.3 81.03 ExpatriateSkilled Labour hr 50
8.4 81.04 Foreman hr 1000
8.5 81.05 Equipment Operator hr 250
8.6 81.06 Skilled Labour hr 250
8.7 81.07 Unskilled Labour hr 1000
8.9 81.09 Sub - total of dayworks bill for labour
8.10 81.10 Allow for contractor's overhead and profit for item8.9 %
SUB-TOTAL OF DAYWORKS BILL FOR LABOUR TO DAYWORKS SUMMARY
8200 MATERIALS
All material used on dayworks shall comply with theSpecifications. Therates shall includefor delivery on siteand necessary storage, handling, overheads and profit, if not otherwisespecified. 8.11 82.01 Ordinary Portland Cement t 150
8.17 82.07 Cut-back bitumen, GradeMC 30 l 150 8.18 82.08 Cut-back bitumen, GradeStable60 l 150 8.19 82.09 Straight run bitumen, Grade80/100 l 500 8.20 82.10 Cold mix asphalt 0/12 mm m3 RateOnly
8.21 82.11 16 mmnominal sizechippings m3 150
8.22 82.12 8mmnominal sizechippings m3 150 8.23 82.13 Natural gravel for shoulders m3 150 8.24 82.14 900 mmdiameter precast concretepipes m 18 8.25 82.15 Sub - total of dayworks bill for materials 8.26 82.16 Allow for contractor's overhead and profit for item8.25 % SUB-TOTAL OF DAYWORKS BILL FOR MATERIALS TO DAYWORKS SUMMARY BILL.8: PAYMENT DAYWORKS REFERS ITEM DESCRIPTION UNIT QUANTITY RATE AMOUNT ZMW ZMW 8300 PLANT AND EQUIPMENT Therates for plant and equipment shall includeall operational and maintenancecosts, fuel, oil, grease, overheads and profit. Only time actually employed upon thework will bepaid for and therates should includefor idletime, traveling and overtime. 8.27 83.01 D6 Dozer or equivalent with ripper and scrapper. hr 60 8.28 83.02 CAT 14 motor grader or equivalent (compl. W/ scarifier) hr 75
8.29 83.03 Excavator 1.2 - 3.6 cu.mcapacity hr 45
8.30 83.04 Wheel or crawler loader 2.70 cu.mcapacity hr 45
8.31 83.05 15 Tonnepneumatic roller hr 45
8.32 83.06 10-12 Tonnesmooth wheel roller hr 45
8.33 83.07 Vibrating roller self propelled hr 45
8.34 83.08 Wacker hand compactor or equivalent hr 45
8.35 83.09 Small hand-propelled vibrating roller hr 45
8.36 83.10 Vibrating platecompactor, min 400 kg hr 45 Page 9 of 9
8.54 83.26 Mechanical broom hr 45 8.55 83.26 Other: (specify) 8.55 83.27 Sub - total of dayworks bill for plant & equipment
8.56 83.28 Allow for contractor's overhead and profit for item8.55 % SUB-TOTAL OF DAYWORKS BILL FOR PLANT & EQUIPMENT TO DAYWORKS SUMMARY ITEM DESCRIPTION
DAYWORKS SUMMARY Total for daywork: Labour Total for daywork: Materials Total for daywork: Construction plant TOTAL CARRIED FORWARD TO SUMMARY OF BILL OF QUANTITIES BILL.8: DAYWORKS
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