tender for creation of a footpath at dingli cliffs l/o dingli in connection
Transcription
tender for creation of a footpath at dingli cliffs l/o dingli in connection
CT102/2012 CT FILE NUMBER: CT3035/2012 DEPT. REF: MRRA/W/214/2011/4 IE W ADVERT NUMBER: TENDER FOR CREATION OF A FOOTPATH AT DINGLI CLIFFS L/O DINGLI IN CONNECTION WITH THE PROJECT: EV DINGLI CLIFFS – ENHANCING AND PROTECTING THE TOURISM POTENTIAL 03 JUL 2012 PR Closing Date: Date Published: at 10:00am CEST 11 MAY 2012 ER Cost of the Tender Document: €80.00 Rural Development Programme for Malta 2007 – 2013 N D Axis 3 – Improving the Quality of Life in Rural Areas Project financed by the European Union Financing Rate: 100% TE The European Agricultural Fund for Rural Development: Europe Investing in Rural Areas IMPORTANT: Tenderers are to ensure that the mandatory tender guarantee (bid bond) of €4,200 is to remain valid up to 30 NOV 2012. Clarifications shall be uploaded www.contracts.gov.mt/tenders and will be available Department of Contracts to view/download Notre Dame Ravelin, Floriana FRN 1600, Malta. Tel: (356) 21220212. Fax: (356) 21247681 Email: info.contracts@gov.mt from Table of Contents TE N D ER PR EV IE W Table of Contents ............................................................................................. 2 VOLUME 1 SECTION 1 – INSTRUCTIONS TO TENDERERS............................................... 5 A. GENERAL PART............................................................................................. 5 1. General Instructions ...................................................................................................................... 5 2. Timetable ....................................................................................................................................... 5 3. Lots.................................................................................................................................................. 5 4. Financing......................................................................................................................................... 5 5. Eligibility......................................................................................................................................... 6 6. Selection Criteria........................................................................................................................... 6 7. Multiple Tenders ............................................................................................................................ 8 8. Tender Expenses ............................................................................................................................ 8 9. Site Inspection................................................................................................................................ 8 B. TENDER DOCUMENTS ..................................................................................... 8 10. Content of Tender Document..................................................................................................... 8 11. Explanations/Clarification Notes Concerning Tender Documents ......................................... 8 12. Labour Law ................................................................................................................................... 9 13. Law ................................................................................................................................................ 9 C. TENDER PREPARATION ................................................................................... 9 14. Language of Tenders ................................................................................................................... 9 15. Presentation of Tenders.............................................................................................................. 9 16. Content of Tender (Single-Envelope System)........................................................................... 9 17. Tender Prices ............................................................................................................................. 10 18. Currencies of Tender and Payments........................................................................................ 11 19. Period of Validity of Tenders ................................................................................................... 11 20. Tender Guarantee (Bid Bond)................................................................................................... 11 21. Variant Solutions........................................................................................................................ 12 22. Preparation and Signing of Tenders......................................................................................... 12 D. SUBMISSION OF TENDERS ...............................................................................12 23. Sealing and Marking of Tenders ............................................................................................... 12 24. Extension of Deadline for Submission of Tenders .................................................................. 12 25. Late Tenders .............................................................................................................................. 13 26. Alterations and Withdrawal of Tenders .................................................................................. 13 E. OPENING AND EVALUATION OF OFFERS .............................................................13 27. Opening of Tenders ................................................................................................................... 13 28. Secrecy of the Procedure ......................................................................................................... 13 29. Clarification of Tenders ............................................................................................................ 13 30. Tender Evaluation Process........................................................................................................ 14 31. Correction of Arithmetical Errors ............................................................................................ 14 F. CONTRACT AWARD .......................................................................................15 32. Criteria for Award...................................................................................................................... 15 33. Right Of The Central Government Authority To Accept Or Reject Any Tender ................. 15 34. Notification of Award, Contract Clarifications ...................................................................... 15 35. Contract Signing and Performance Guarantee ....................................................................... 16 36. Commencement of Works (Order to Start Works) ................................................................. 16 G. MISCELLANEOUS ..........................................................................................16 37. Ethics Clauses............................................................................................................................. 16 38. Data Protection and Freedom of Information ........................................................................ 17 39. Gender Equality ......................................................................................................................... 17 VOLUME 1 SECTION 2 – TENDER FORM ..................................................................19 VOLUME 1 SECTION 3 – TENDER GUARANTEE FORM..................................................22 VOLUME 1 SECTION 4 - TENDERER’S STATEMENTS ...................................................23 Page 2 IE W Form 4.1 - Statement on Conditions of Employment................................................................... 23 Form 4.2 - Experience as Contractor ............................................................................................. 24 Form 4.3 - Literature ....................................................................................................................... 26 VOLUME 1 SECTION 5 – GLOSSARY .......................................................................27 VOLUME 1 SECTION 6 – EXTRACTS FROM THE PUBLIC PROCUREMENT REGULATIONS ........29 Part XIII - Appeals............................................................................................................................. 29 VOLUME 1 SECTION 7 – QUESTIONNAIRE ................................................................30 Notes to Tenderers........................................................................................................................... 30 Form 7.1 - Personnel to be employed on this contract ............................................................... 31 Form 7.2 - Plant and Equipment to be Employed on Contract ................................................... 32 Form 7.3 – Workplan for Works....................................................................................................... 33 Form 7.4 - Graphic Work Schedule................................................................................................. 34 Form 7.5 – Dossier ............................................................................................................................ 35 Form 7.6 - Power of Attorney (if applicable)................................................................................ 36 Form 7.7 - Data on Joint Venture/Consortium (if applicable).................................................... 37 VOLUME 2 SECTION 1 – DRAFT CONTRACT FORM .....................................................38 VOLUME 2 SECTION 2 – GENERAL CONDITIONS ........................................................40 VOLUME 2 SECTION 3 – SPECIAL CONDITIONS..........................................................41 TE N D ER PR EV Article 2: Law and language of the contract............................................................................... 41 Article 3: Order of precedence of contract documents.................................................................. 41 Article 4: Communications .................................................................................................... 41 Article 5: Supervisor and Supervisor's representative .................................................................... 41 Article 8: Supply of Documents............................................................................................... 41 Article 11: The Contractor’s Obligations ................................................................................... 42 Article 13: Performance Guarantee ......................................................................................... 42 Article 14: Insurance ........................................................................................................... 42 Article 15: Performance Programme (Timetable)......................................................................... 43 Article 17: Contractor’s Drawings............................................................................................ 43 Article 18: Tender Prices ...................................................................................................... 43 Article 22: Interference with Traffic ........................................................................................ 43 Article 26: Discoveries ......................................................................................................... 43 Article 27: Temporary Works ................................................................................................. 44 Article 30: Patents and Licences............................................................................................. 44 Article 31: Commencement Date ............................................................................................ 44 Article 32: Period of Performance ........................................................................................... 44 Article 34: Delays in Execution ............................................................................................... 44 Article 35: Variations and Modifications .................................................................................... 44 Article 37: Work Register...................................................................................................... 44 Article 39: Quality of Works and Materials ................................................................................. 44 Article 40: Inspection and Testing ........................................................................................... 44 Article 42: Ownership of Plants and Materials............................................................................. 45 Article 43: Payments: General Principles................................................................................... 45 Article 44: Pre-financing....................................................................................................... 45 Article 45: Retention Monies.................................................................................................. 46 Article 46: Price Revision...................................................................................................... 46 Article 47: Measurement ...................................................................................................... 46 Article 48: Interim Payments ................................................................................................. 46 Article 50: Delayed Payments ................................................................................................ 46 Article 53: End Date ............................................................................................................ 47 Article 56: Partial Acceptance................................................................................................ 47 Article 57: Provisional Acceptance .......................................................................................... 47 Article 58: Maintenance Obligations......................................................................................... 47 Article 66: Dispute Settlement by Litigation............................................................................... 47 VOLUME 2 SECTION 4 – SPECIMEN PERFORMANCE GUARANTEE....................................48 VOLUME 2 SECTION 5 – SPECIMEN PREFINANCING PAYMENT GUARANTEE.......................49 VOLUME 2 SECTION 6 – SPECIMEN RETENTION GUARANTEE ........................................50 VOLUME 3 - TECHNICAL SPECIFICATIONS ...............................................................51 A. B. C. D. E. SCOPE OF WORKS........................................................................................................ 51 MEPA CONDITIONS OF PERMITS ....................................................................................... 51 EXCAVATION WORKS AND DISMANTLING OF WALLS ............................................................... 52 RUBBLE WALLS........................................................................................................... 53 CONCRETE WORKS ...................................................................................................... 54 Page 3 F. G. (a) (b) (c) H. (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) HARDSTONE MATERIAL FOR PAVING SLABS & KERB ............................................................... 56 ELEVATED WALKWAY ................................................................................................... 57 The Substructure........................................................................................................ 57 Timber Decking & Handrail ........................................................................................... 58 Screwjack Pedestals .................................................................................................... 60 Health and Safety Provisions.......................................................................................... 60 Health and Safety Officer ............................................................................................. 60 Provisions for safe practice ........................................................................................... 60 Protective Clothing and Equipment ................................................................................. 61 Storage of Materials.................................................................................................... 61 ‘Housekeeping’ Program............................................................................................... 62 Machinery and Equipment............................................................................................. 62 Personnel ................................................................................................................. 63 Maintenance ............................................................................................................. 63 Noise Emissions.......................................................................................................... 64 Cranes..................................................................................................................... 64 Temporary Electrical Installation.................................................................................... 64 EV IE W VOLUME 4 - FINANCIAL BID ................................................................................65 BILL OF QUANTITIES ........................................................................................65 I. Preamble........................................................................................................................................ 65 II. Terms Relating To Payments...................................................................................................... 66 III. Pricing .......................................................................................................................................... 66 IV. Completing the bill of quantities ............................................................................................. 66 V. Description Of Unit Prices .......................................................................................................... 66 VOLUME 5 – DRAWINGS .....................................................................................73 Section 5.1 - List of drawings attached ......................................................................................... 73 Section 5.2 - List of Schedules........................................................................................................ 74 TE N D ER PR ~~~~~~~~~~~~~~~ Page 4 VOLUME 1 SECTION 1 – INSTRUCTIONS TO TENDERERS A. GENERAL PART 1. General Instructions 1.1 In submitting a tender, the tenderer accepts in full and in its entirety, the content of this tender document, including subsequent Clarifications issued by the Central Government Authority, whatever his own corresponding conditions may be, which he hereby waives. Tenderers are expected to examine carefully and comply with all instructions, forms, contract provisions and specifications contained in this tender document. W No account can be taken of any reservation in the tender as regards the tender document; any disagreement, contradiction, alteration or deviation shall lead to the tender offer not being considered any further. PR EV IE The Evaluation Committee shall, after having obtained approval by the General Contracts Committee, request rectifications in respect of incomplete/non-submitted information pertinent to the documentation as outlined in sub-Clause 16.1(a), 16.1(b), and 16.1(c) of these Instructions to Tenderers. Such rectification/s must be submitted within two (2) working days from notification, and will be subject to a non-refundable administrative penalty of €50: failure to comply shall result in the tender offer not being considered any further. No rectification shall be allowed in respect of the documentation as outlined in sub-Clause 16.1(d), 16.1(e) and 16.1(f) of these Instructions to Tenderers. Only clarifications on the submitted information in respect of the latter may be eventually requested. This is a call for tenders for the Creation of a Footpath at Dingli Cliffs l/o Dingli in connection with the project: Dingli Cliffs – Enhancing and protecting the Tourism Potential. 1.3 This is a unit-price (Bill of Quantities) contract. 1.4 The tenderer will bear all costs associated with the preparation and submission of the tender. The Central Government Authority will in no case be responsible or liable for such costs, whatever the conduct or outcome of the procedure. 1.5 The Central Government Authority retains ownership of all tenders received under this tender procedure. Consequently, tenderers have no right to have their tenders returned to them. 2. Timetable ER 1.2 TIME* 28 MAY 2012 10.00 Deadline for request for any additional information from the Contracting Authority 18 JUN 2012 - Last date on which additional information are issued by the Contracting Authority 27 JUN 2012 - 03 JUL 2012 10:00am D DATE Clarification Meeting/Site Visit TE N (Refer to Clause 9.2) Deadline for submission of tenders / Tender Opening Session (unless otherwise modified in terms of Clause 11.3) * All times Central European Summer Time (CEST) 3. Lots 3.1 This tender is not divided into lots, and tenders must be for the whole of quantities indicated. Tenders will not be accepted for incomplete quantities. 4. Financing Page 5 4.1 The project is financed by the European Union/Government of Malta, in accordance with the rules of European Agricultural Fund for Rural Development (EAFRD) - 2007-2013 (Measure 313). 4.2 The beneficiary of the financing is the Project Design and Implementation Department, Ministry for Resources and Rural Affairs. 5. Eligibility Participation in tendering is open on equal terms to all natural and legal persons of the Member States of the European Union, the beneficiary country, any other country in accordance with Regulation 76 of the Public Procurement Regulations. 5.2 Natural persons, companies or undertakings who fall under any of the conditions set out in Regulation 50 of the Public Procurement Regulations, 2010 (Legal Notice 296 of 2010) may be excluded from participation in and the award of contracts. Tenderers or candidates who have been guilty of making false declarations will also incur financial penalties representing 10% of the total value of the contract being awarded. 5.3 Tenders submitted by companies forming a joint venture/consortium must also fulfil the following requirements: IE W 5.1 EV • One partner must be appointed lead partner and that appointment confirmed by submission of powers of attorney signed by legally empowered signatories representing all the individual partners. The tender must include a preliminary agreement or letter of intent stating that all partners assume joint and several liability for the execution of the contract, that the lead partner is authorised to bind, and receive instructions for and on behalf of, all partners, individually and collectively. 5.4 All materials, equipment and services to be supplied under the contract must originate in an eligible country. For these purposes, "origin" means the place where the materials and/or equipment are mined, grown, produced or manufactured and/or from which services are provided. ER 6. Selection Criteria 6.1 PR • All partners in the joint venture/consortium are bound to remain in the joint venture/consortium until the conclusion of the contracting procedure. The consortium/joint venture winning this contract must include the same partners for the whole performance period of the contract other than as may be permitted or required by law. In order to be considered eligible for the award of the contract, tenderers must provide evidence that they meet or exceed certain minimum qualification criteria described hereunder. N D In the case of a joint venture, the joint venture as a whole must satisfy the minimum qualifications required below. 6.1.1 No evidence of economic and financial standing is required. 6.1.2 Information about the tenderer's technical capacity. TE (An economic operator may, where appropriate and for a particular contract, rely on the capacities of other entities, regardless of the legal nature of the links which it has with them. It must in that case prove to the contracting authority that it will have at its disposal the resources necessary for the execution of the contract, for example, by producing an undertaking by those entities to place the necessary resources at the disposal of the economic operator) This information must follow the forms in Volume 1, Section 4 and Volume 1, Section 7 of the tender documents and include: a) Evidence of relevant experience in execution of road works, civil engineering and construction works over the past 3 years (Form 4.2, Volume 1, Section 4), including the nature and value of the relevant contracts, as well as works in hand and contractually committed. The minimum number of civil and road engineering and construction projects of a similar scope/nature (road works, civil engineering and construction works) completed in the last 3 Page 6 years must be at least two (2) in number and the minimum value of each of the projects must not be less than €200,000. In so listing the end clients (tenderer is to provide the name of the end client including email address), the tenderer is giving his consent to the Evaluation Committee, so that the latter may, if it deems necessary, contact the relevant clients, with a view to obtain from them an opinion on the works provided to them, by the tenderer. b) Data concerning sub-contractors and the percentage of works to be sub-contracted: The maximum amount of sub-contracting must not exceed 30% of the total contract value. The main contractor must have the ability to carry out at least 70% of the contract works by his own means. IE W c) A list of the key staff proposed for the execution of this contract (Form 7.1, Volume 1, Section 7). The Evaluation Committee reserves the right to request the tenderers to substantiate their claims in respect to the staff proposed by requesting CVs of key staff during the evaluation stage. The key staff required are the following: Warranted architect and civil engineer with 3 years experience who shall be responsible on behalf of the Contractor for the execution of the works in accordance with the Laws of Malta. • Site Manager/Foreman/Supervisor with a minimum of 3 years experience. • Assistant Site Manager with at least 2 years experience. • Land Surveyor with at least 3 years experience in the position. • Ecologist (approved by the Environment Protection Department of MEPA) to monitor certain works which encroach on the garrigue in Area W shown in Drawing DCP 1007 as required by the MEPA permit. The ecologist will also be required to prepare a method statement following award of tender for the restoration of the garrigue as indicated in Volume 3 – Technical Specifications. • Appointment of a Competent Occupational Health and Safety Person The contractor shall be required to appoint an Occupational Health and Safety Competent Person, appointed in accordance with the Occupational Health and Safety Authority Act, (Chap. 424 of the Laws of Malta). The Health and Safety Competent Person shall be responsible for the preparation of a Risk Assessment of the Site and the proposed works, for the preparation and administration of the Health & Safety Plan, and for the co-ordination of the construction process in order to achieve the objectives of the Health and Safety Plan. It may be required that the Health and Safety Plan be submitted for approval by the Health and Safety Authority, in which case any comments, for amendments, that the Authority deem necessary, shall be taken on board without additional cost to the Employer. TE N D ER PR EV • The appointed Health and Safety Competent Person is to fulfil the role of Project Supervisor (i/r/o H&S Matters at both design and execution stages) in terms of LN281/2004 as stipulated in the Construction Notification Form of the OHSA. d) A list of plant and equipment (Form 7.2, Volume 1, Section 7) for the execution of the contract. The descriptions of the plant and equipment offered must demonstrate the tenderer’s ability to complete the works. The tenderer must indicate whether such equipment is owned, hired or used by a sub-contractor. The Evaluation Committee reserves the right to request the bidder to substantiate his claims in respect of his ability to complete the works with the plant and equipment being proposed. This list must include the following plant and equipment: 1) 2 No. Trucks 2) 1 No. Excavator 3) 1 No. Rotary Saw Page 7 4) 1 No. Compactor The Contractor may require to use additional plant for the proper conductance of works. Such additional plant must be made available at no additional cost to the Contracting Authority. 7. Multiple Tenders A tenderer may submit multiple tender offers. 7.2 A company may not tender for a given contract both individually and as a partner in a joint venture/consortium. 7.3 A company may not tender for a given contract both individually/partner in a joint venture/consortium, and at the same time be nominated as a sub-contractor by any another tenderer, or joint venture/consortium. 7.4 A company may act as a sub-contractor for any number of tenderers, and joint ventures/consortia, provided that it does not participate individually or as part of a joint venture/consortium, and that the nominations do not lead to a conflict of interest, collusion, or improper practice. W 7.1 IE 8. Tender Expenses The tenderer will bear all costs associated with the preparation and submission of the tender. 8.2 The Central Government Authority will neither be responsible for, nor cover, any expenses or losses incurred by the tenderer through site visits and inspections or any other aspect of his tender. 9. Site Inspection PR EV 8.1 9.1 A tenderer may visit the site of the works and its surroundings for the purpose of assessing, at his own responsibility, expense and risk, factors necessary for the preparation of his tender and the signing of the contract for the works. 9.2 A clarification meeting will be held on site by the Contracting Authority. The meeting point will be next to the Radar at Dingli on the date and time indicated in Clause 2. ER B. TENDER DOCUMENTS 10. Content of Tender Document The set of tender documents comprises the following documents and should be read in conjunction with any clarification notes issued in accordance with Clause 24: Volume 1 Instructions to Tenderers Volume 2 • Draft Contract • General Conditions (available online from www.contracts.gov.mt/conditions) • Special Conditions Volume 3 Technical Specifications Volume 4 Model Financial Bid/Bill of Quantities Volume 5 Drawings 10.2 Tenderers bear sole liability for examining with appropriate care the tender documents, including those design documents available for inspection, and any clarification notes to the tender documents issued during the tendering period, and for obtaining reliable information with respect to conditions and obligations that may in any way affect the amount or nature of the tender or the execution of the works. In the event that the tenderer is successful, no claim for alteration of the tender amount will be entertained on the grounds of errors or omissions in the obligations of the tenderer described above. 10.3 The tenderer must provide all documents required by the provisions of the tender document. All such documents, without exception, must comply strictly with these conditions and provisions and contain no alterations made by the tenderer. TE N D 10.1 11. Explanations/Clarification Notes Concerning Tender Documents Page 8 Tenderers may submit questions in writing to the Central Government Authority through: • sending an email to info.contracts@gov.mt • online from the Registered Users’ Questions and Answers facility within the tender’s page • through www.contracts.gov.mt/contact-us • fax number +356 21247681 up to 16 calendar days before the deadline for submission of tenders. The Central Government Authority must reply to all tenderers' questions, and amend the tender documents by publishing clarification notes, up to at least 6 calendar days before the deadline for submission of tenders. 11.2 Questions and answers, and alterations to the tender document will be published as a clarification note on the website of the Department of Contracts (www.contracts.gov.mt/tenders) within the respective tender’s page, under the subheading “Preview & Free Tender Documents, and Clarifications”. Clarification notes will constitute an integral part of the tender documentation, and it is the responsibility of tenderers to visit this website and be aware of the latest information published online prior to submitting their Tender. 11.3 The Central Government Authority may, at its own discretion, as necessary and in accordance with Clause 24, extend the deadline for submission of tenders to give tenderers sufficient time to take clarification notes into account when preparing their tenders. W 11.1 12. Labour Law IE Particular attention is drawn to the conditions concerning the employment of labour in Malta and the obligation to comply with all regulations, rules or instructions concerning the conditions of employment of any class of employee. 13. Law 13.1 PR EV 12.1 By submitting their tenders, tenderers are accepting that this procedure is regulated by Maltese Law, and are deemed to know all relevant laws, acts and regulations of Malta that may in any way affect or govern the operations and activities covered by the tender and the resulting contract. C. TENDER PREPARATION 14. Language of Tenders The tender and all correspondence and documents related to the tender exchanged by the tenderer and the Central Government Authority must be written in English. 14.2 Supporting documents and printed literature furnished by the tenderer may be in another language, provided they are accompanied by an accurate translation into English. For the purposes of interpretation of the tender, the English language will prevail. ER 14.1 Tenders must satisfy the following conditions: (a) All tenders must be submitted in one original, clearly marked “original”, and one identical copy (including all documentation as in the original) signed in the same way as the original and clearly marked “copy”. (b) Both documents are to be separately sealed and placed in another sealed envelope/package so that the bid can be identified as one tender submission. Following the tender opening session, the copy shall be kept, unopened, at the Department of Contracts, for verification purposes only should the need arise. (c) All tenders must be received by date and time indicated in the timetable at Clause 2 and deposited in the tender box at the entrance of the Department of Contracts, Notre Dame Ravelin, Floriana, FRN 1600, Malta. (d) All packages, as per (b) above, must bear only: (i) the above address; (ii) the reference of the invitation to tender concerned; (iii) the name of the tenderer. TE N 15.1 D 15. Presentation of Tenders 16. Content of Tender (Single-Envelope System) 16.1 The tender must comprise the following duly completed documents, inserted in a single, sealed envelope (unless their volume requires a separate submission): Page 9 (a) An original bid-bond for the amount of €4,200, in the form provided in Volume 1, Section 3(Note 1) (b) General/Administrative Information(Note 2) (i) (ii) (iii) (iv) Proof of Purchase of tender document (receipt) Statement on Conditions of Employment (Form 4.1, Volume 1, Section 4) Power of Attorney (Clause 5.3 & Form 7.6, Volume 1, Section 7) (if applicable) Data on Joint Venture/Consortium (Clause 5.3 & Form 7.7, Volume 1, Section 7) (if applicable) Selection Criteria (c) Financial and Economic Standing(Note 2) Technical Capacity(Note 3) (i) (ii) (iii) Evaluation Criteria/Technical Specifications(Note 3) (i) (ii) (iii) (iv) (f) Workplan for Works (Form 7.3, Volume 1, Section 7) Literature/Samples (Form 4.3, Volume 1, Section 4) Graphic Work Schedule (Form 7.4, Volume 1, Section 7) Dossier (Form 7.5, Volume 1, Section 7) Financial Offer/Bill of Quantities(Note 3) (i) The Tender Form in accordance with the form provided in Volume 1, Section 2; a separate Tender Form is to be submitted for each option tendered, each form clearly marked ‘Option 1’, ‘Option 2’ etc.; A financial bid calculated on a basis of DDP for the works tendered Breakdown of the overall price, in the form provided in Volume 4 (Bill of Quantities); ER (ii) (iii) EV (e) Experience as Contractor (Form 4.2, Volume 1, Section 4) Personnel to be employed on contract (Form 7.1, Volume 1, Section 7) Plant & equipment to be employed on contract (Form 7.2, Volume 1, Section 7) PR (d) IE W (Not Applicable) Notes to Clause 16.1: N D 1. Tenderers will be requested to clarify/rectify, within two working days from notification, the tender guarantee only in the following two circumstances: either incorrect validity date, and/or incorrect value. 2. Tenderers will be requested to either clarify/rectify any incorrect and/or incomplete documentation, and/or submit any missing documents within two working days from notification. 3. No rectification shall be allowed. Only clarifications on the submitted information may be requested. TE Tenderers must indicate where the above documentation is to be found in their offer by using an index. All documentation is to be securely bound/filed. Tenderers are NOT required NOR expected to submit, with their offer, any components of the tender document except those specifically mentioned in Clause 16. 17. Tender Prices 17.1 The tender price must cover the whole of the works as described in the tender documents. 17.2 The tenderer must provide a breakdown of the overall price in Euro (€). 17.3 Tenderers must quote all components of the price inclusive of taxes, customs and import duties and any discounts. Tenderers not registered with the VAT authority in Malta, must still include in Page 10 their financial offer any VAT that the Contracting Authority may have to pay either in Malta or the country where the tenderer is registered irrespective of the reverse charge mechanism. The financial offer will be considered as the total financial cost to the contracting authority including any VAT that may have to be paid not through the winning tenderer. Except as may otherwise be provided for in the contract, no payment will be made for items which have not been costed. 17.4 Different options are to be clearly identifiable in the technical and financial submission; a separate Tender Form (as per Volume 1, Section 2) marked ‘Option 1’, ‘Option 2’ etc. for each individual option clearly outlining the price of the relative option is to be submitted. 17.5 If the tenderer offers a discount, the discount must be absorbed in the rates of the Bill of Quantities/Financial Statement. 17.6 The prices for the contract, must include all of the works to be provided. The prices quoted are fixed and not subject to revision or escalation in costs, unless otherwise provided for in the Special Conditions. IE W 18. Currencies of Tender and Payments The currency of the tender is the Euro (€). All sums in the breakdown of the overall price, in the questionnaire and in other documents must be expressed in Euro (€), with the possible exception of originals of bank and annual financial statements. 18.2 Payments will be made upon certification of works by the Contracting Authority, based on the invoice issued by the Contractor, in accordance with the timeframes, terms and conditions of the contract. 18.3 All correspondence relating to payments, including invoices and interim and final statements, must be submitted as outlined in the contract. 19. Period of Validity of Tenders EV 18.1 Tenders must remain valid for a period of 150 days after the deadline for submission of tenders indicated in the contract notice, the tender document or as modified in accordance with Clauses 11.3 and/or 24. Any tenderer who quotes a shorter validity period will be rejected. 19.2 In exceptional circumstances the Central Government Authority may request that tenderers extend the validity of tenders for a specific period. Such requests and the responses to them must be made in writing. A tenderer may refuse to comply with such a request without forfeiting his tender guarantee (Bid Bond). However, his tender will no longer be considered for award. If the tenderer decides to accede to the extension, he may not modify his tender. 19.3 The successful tenderer must maintain his tender for a further 60 days from the date of notification of award. ER PR 19.1 The tender guarantee is set at €4,200 (Four Thousand two hundred Euro) and must be an original and valid guarantee presented in the form specified in Section 3. The guarantee must be issued by a local Maltese Bank or a Financial Institution licensed by a recognized Financial Regulator in the country where the company is located and who assumes responsibility for claims and payments to the amount as stated above. It must remain valid up to and including the 30th November 2012. The tender guarantee must be drawn up in the name of the Director General of the Department of Contracts, Notre Dame Ravelin, Floriana, FRN 1600, Malta. TE 20.1 N D 20. Tender Guarantee (Bid Bond) The tender guarantee (bid bond) is intended as a pledge that the tenderer will not retract his offer up to the expiry date of the guarantee and, if successful, that he will enter into a contract with the Director General of Contracts on the terms and conditions stated in the tender document. Hence, the guarantee shall be forfeited if the tenderer withdraws his tender before the abovementioned validity date or if the tenderer fails to provide the Performance Guarantee. Tender guarantees provided by tenderers who have not been selected shall be released within 30 calendar days from the signing of the contract. The tender guarantee of the successful tenderer shall be released on the signing of the contract, and on submission of a valid performance guarantee. Page 11 Offers that are not accompanied with the mandatory Tender Guarantee (Bid Bond) by the Closing Date and Time of the tender will be automatically disqualified. Tenderers will be requested to clarify/rectify, within two working days from notification, the tender guarantee submitted, only in the following two circumstances: either incorrect validity date, and/or incorrect value. Such rectification/s must be submitted within two (2) working days, and will be subject to a non-refundable administrative penalty of €50. Failure to comply shall result in the tender offer not being considered any further. 21. Variant Solutions 21.1 No variant solutions will be accepted. Tenderers must submit a tender in accordance with the requirements of the tender document. 22. Preparation and Signing of Tenders All tenders must be submitted in one original, clearly marked “original”, and one identical copy (including all documentation as in the original) signed in the same way as the original and clearly marked “copy”. Tenders must comprise the documents specified in Clause 16 above. IE W 22.1 It is the responsibility of the tenderers to ensure that both the original and the copy are an identical representation of one another. The tenderer’s submission must be typed in, or handwritten in indelible ink. Any pages on which entries or corrections to his submission have been made must be initialled by the person or persons signing the tender. All pages must be numbered consecutively by hand, machine or in any other way acceptable to the Central Government Authority. 22.3 The tender must contain no changes or alterations, other than those made in accordance with instructions issued by the Central Government Authority (issued as clarification notes) or necessitated by errors on the part of the tenderer. In the latter case, corrections must be initialled by the person signing the tender. 22.4 The tender will be rejected if it contains any alteration, tampering, addition or deletion to the tender documents not specified in a clarification note issued by the Central Government Authority. PR EV 22.2 ER D. SUBMISSION OF TENDERS 23. Sealing and Marking of Tenders The tenders must be submitted in English and deposited in the Department’s tender box before the deadline specified in Clause 2 or as otherwise specified in accordance with Clause 11.1 and/or 24.1. They must be submitted: N D 23.1 EITHER by recorded delivery (official postal/courier service) or hand delivered to: TE Department of Contracts, Notre Dame Ravelin, Floriana, FRN 1600 Malta Tenders submitted by any other means will not be considered. 23.2 Tenderers must seal the original and the copy of their tender as outlined in Clause 15. 23.3 If the outer envelope is not sealed and marked as required in Sub clause 15.1, the Central Government Authority will assume no responsibility for the misplacement or premature opening of the tender. 24. Extension of Deadline for Submission of Tenders 24.1 The Central Government Authority may, at its own discretion, extend the deadline for submission of tenders by issuing a clarification note in accordance with Clause 11. In such cases, all rights and obligations of the Central Government Authority and the tenderer regarding the original date Page 12 specified in the contract notice will be subject to the new date. 25. Late Tenders 25.1 All tenders received after the deadline for submission specified in the contract notice or these instructions will be kept by the Central Government Authority. The associated guarantees will be returned to the tenderers. 25.2 No liability can be accepted for late delivery of tenders. Late tenders will be rejected and will not be evaluated. 26. Alterations and Withdrawal of Tenders Tenderers may alter or withdraw their tenders by written notification prior to the above deadline. No tender may be altered after the deadline for submission. 26.2 Any notification of alteration or withdrawal must be prepared, sealed, marked and submitted in accordance with Clause 23, and the envelope must also be marked with "alteration" or "withdrawal". 26.3 The withdrawal of a tender in the period between the deadline for submission and the date of expiry of the validity of the tender will result in forfeiture of the tender guarantee provided for in Clause 20. E. OPENING AND EVALUATION OF OFFERS EV 27. Opening of Tenders IE W 26.1 Tenders will be opened in public session on the date and time indicated in the timetable at Clause 2 (or as otherwise specified in accordance with Clause 11.1 and/or 24.1) at the Department of Contracts, Notre Dame Ravelin, Floriana, FRN 1600, Malta by the General Contracts Committee. They will draw up a ‘Summary of Tenders Received’ which will be published on the notice board at the Department of Contracts and shall also be available to view on the Department’s website, www.contracts.gov.mt/tenders. 27.2 At the tender opening, the tenderers' names, the tender prices, variants, written notification of alterations and withdrawals, the presence of the requisite tender guarantee and any other information the Central Government Authority may consider appropriate will be published. 27.3 Envelopes marked "withdrawal" will be read out first and returned to the tenderer. 27.4 Reductions or alterations to tender prices made by tenderers after submission will not be taken into consideration during the analysis and evaluation of tenders. ER PR 27.1 N D 28. Secrecy of the Procedure After the opening of the tenders, no information about the examination, clarification, evaluation or comparison of tenders or decisions about the contract award may be disclosed before the notification of award. 28.2 Information concerning checking, explanation, opinions and comparison of tenders and recommendations concerning the award of contract, may not be disclosed to tenderers or any other person not officially involved in the process unless otherwise permitted or required by law. TE 28.1 28.3 Any attempt by a tenderer to approach any member of the Evaluation Committee/Central Government Authority directly during the evaluation period will be considered legitimate grounds for disqualifying his tender. 29. Clarification of Tenders 29.1 When checking and comparing tenders, the evaluation committee may, after obtaining approval from the General Contracts Committee, ask a tenderer to clarify any aspect of his tender. 29.2 Such requests and the responses to them must be made by e-mail or fax. They may in no circumstances alter or try to change the price or content of the tender, except to correct arithmetical errors discovered by the evaluation committee when analysing tenders, in accordance Page 13 with Clause 31. 30. Tender Evaluation Process 30.1 The following should be read in conjunction with Clause 27. 30.2 Part 1: Administrative Compliance The Evaluation Committee will check the compliance of tenders with the instructions given in the tender document, and in particular the documentation submitted in respect of Clause 16. 30.3 IE W The Evaluation Committee shall, after having obtained approval by the General Contracts Committee, request rectifications in respect of incomplete/non-submitted information pertinent to the documentation as outlined in sub-Clause 16.1(a), 16.1(b), and 16.1(c) of these Instructions to Tenderers. Such rectification/s must be submitted within two (2) working days from notification, and will be subject to a non-refundable administrative penalty of €50: failure to comply shall result in the tender offer not being considered any further. No rectification shall be allowed in respect of the documentation as outlined in sub-Clause 16.1 (d), 16.1(e), and 16.1(f) of these Instructions to Tenderers. Only clarifications on the submitted information in respect of the latter may be eventually requested. Part 2: Eligibility and Selection Compliance (i) Eligibility Criteria • Tender Form (Volume 1, Section 2) (ii) Selection Criteria 30.4 Evidence of technical capacity Part 3: Technical Compliance PR • EV Tenders which have been considered administratively compliant shall be evaluated for admissibility as outlined below: ER At this step of the evaluation process, the Evaluation Committee will analyse the administrativelycompliant tenders’ technical conformity in relation to the technical specifications (Volume 3, and the documentation requested by the Contracting Authority as per sub-Clause 16(e)), classifying them technically compliant or non-compliant. Tenderers who are deemed to be provisionally technically compliant through the evaluation of their technical offer (especially the specifications) shall be requested to submit samples so that the Evaluation Committee will corroborate the technical compliance of the offers received. Part 4. Financial Evaluation N D 30.5 The financial offers for tenders which were not eliminated during the technical evaluation (i.e., those found to be technically compliant) will be evaluated. TE The Evaluation Committee will check that the financial offers contain no arithmetical errors as outlined in Clause 31. The financial evaluation will have to identify the best financial offer. However, should the bidder with the best financial offer be already in default of another project under an EU funded programme, the Evaluation Committee may discard the bid and recommend for award the next best financial offer. 31. Correction of Arithmetical Errors 31.1 Admissible tenders will be checked for arithmetical errors by the Evaluation Committee. Errors will be corrected as follows: (a) where there is a discrepancy between amounts in figures and in words, the amount in words will prevail; (b) where there is a discrepancy between a unit price and the total amount derived from the multiplication of the unit price and the quantity, the unit price as quoted will prevail. Page 14 31.2 The amount stated in the tender will be adjusted by the Evaluation Committee in the event of error, and the tenderer will be bound by that adjusted amount. In this regard, the Evaluation Committee shall seek the prior approval of the General Contracts Committee to communicate the revised price to the tenderer. If the tenderer does not accept the adjustment, his tender will be rejected and his tender guarantee forfeited. 31.3 When analysing the tender, the evaluation committee will determine the final tender price after adjusting it on the basis of Clause 31.1. F. CONTRACT AWARD 32. Criteria for Award 32.1 The sole award criterion will be the price. The contract will be awarded to the cheapest priced tender satisfying the administrative and technical criteria. IE W 33. Right Of The Central Government Authority To Accept Or Reject Any Tender The Central Government Authority reserves the right to accept or reject any tender and/or to cancel the whole tender procedure and reject all tenders. The Central Government Authority reserves the right to initiate a new invitation to tender. 33.2 The Central Government Authority reserves the right to conclude the contract with the successful tenderer within the limits of the funds available. It can decide to reduce the scope of works or to ask for a discount from the cheapest compliant tender. 33.3 In the event of a tender procedure's cancellation, tenderers will be notified by the Central Government Authority. If the tender procedure is cancelled before the outer envelope of any tender has been opened, the sealed envelopes will be returned, unopened, to the tenderers. 33.4 Cancellation may occur where: (a) the tender procedure has been unsuccessful, namely where no qualitatively or financially worthwhile tender has been received or there has been no response at all; (b) the economic or technical parameters of the project have been fundamentally altered; (c) exceptional circumstances or force majeure render normal performance of the project impossible; (d) all technically compliant tenders exceed the financial resources available; (e) there have been irregularities in the procedure, in particular where these have prevented fair competition. ER PR EV 33.1 N D In no circumstances will the Central Government Authority be liable for damages, whatever their nature (in particular damages for loss of profits) or relationship to the cancellation of a tender, even if the Central Government Authority has been advised of the possibility of damages. The publication of a contract notice does not commit the Central Government Authority to implement the programme or project announced. 34. Notification of Award, Contract Clarifications Prior to the expiration of the period of validity of tenders, the Central Government Authority will notify the successful tenderer, in writing, that his tender has been recommended for award by the General Contracts Committee, pending any appeal being lodged in terms of Part XIII of the Public Procurement Regulations (being reproduced in Volume 1, Section 6). TE 34.1 34.2 Unsuccessful bidders shall be notified with the outcome of the evaluation process, and will be provided the following information: (i) the criteria for award; (ii) the name of the successful tenderer; (iii) the recommended price of the successful bidder; (iv) the reasons why the tenderer did not meet the technical specifications/notification that the offer was not the cheapest (if applicable); (v) the deadline for filing a notice of objection (appeal); (vi) the deposit required if lodging an appeal. 34.3 The recommendations of the General Contracts Committee shall be published on the Notice Board Page 15 of the Department of Contracts, and published online on the Department’s website, www.contracts.gov.mt/gcc. 35. Contract Signing and Performance Guarantee After the lapse of the appeals period, and pending that no objections have been received and/or upheld, the successful tenderer may be invited to clarify certain contractual questions raised therein. Such clarification will be confined to issues that had no direct bearing on the choice of the successful tender. The outcome of any such clarifications will be set out in a Memorandum of Understanding, to be signed by both parties and incorporated into the contract. 35.2 Within 15 calendar days of receiving the contract (against acknowledgment of receipt) from the Central Government Authority, the successful tenderer will sign and date the contract and return it to the Central Government Authority with the performance guarantee and the Financial Identification Form (if applicable). On signing of the contract by the Central Government Authority, the successful tenderer will become the Contractor and the contract will enter into force. 35.3 Before the Central Government Authority signs the contract with the successful tenderer, the successful tenderer may be requested to provide the documentary proof or statements required to show that it does not fall into any of the exclusion situations listed in Clause 7 of the Tender Form (Volume 1, Section 2). The above mentioned documents must be submitted by every member of a Joint Venture/Consortium (if applicable). 35.4 If the selected tenderer fails to sign and return the contract, other required documentation, and any guarantees required within the prescribed 15 calendar days, the Central Government Authority may consider the acceptance of the tender to be cancelled without prejudice to the Central Government Authority's right to seize the guarantee, claim compensation or pursue any other remedy in respect of such failure, and the successful tenderer will have no claim whatsoever on the Central Government Authority. PR EV IE W 35.1 The tenderer whose tender has been evaluated as second cheapest may be recommended for award, and so on and so forth. Only the signed contract will constitute an official commitment on the part of the Central Government Authority, and activities may not begin until the contract has been signed by the Central Government Authority and the successful tenderer. 35.6 Tender guarantees (bid bonds) provided by tenderers who have not been selected shall be released within 30 calendar days from the signing of the contract. The tender guarantee of the successful tenderer shall be released on the signing of the contract, and on submission of a valid performance guarantee. 35.7 The performance guarantee referred to in the General Conditions is set at 10% of the amount of the contract and must be presented in the form specified in Volume 2, Section 4, to the tender document the performance guarantee shall be released within 30 days of the signing of the Final Statement of Account (Final Bill), unless the Special Conditions provide otherwise. D ER 35.5 Following the signing of the contract by both parties, the Supervisor will issue a written notice of commencement of the works in accordance with the General Conditions, as specified by the Special Conditions. TE 36.1 N 36. Commencement of Works (Order to Start Works) 36.2 The Contractor must inform the Central Government Authority's representative by return that he has received the notice. G. MISCELLANEOUS 37. Ethics Clauses 37.1 Any attempt by a candidate or tenderer to obtain confidential information, enter into unlawful agreements with competitors or influence the committee or the Central Government Authority during the process of examining, clarifying, evaluating and comparing tenders will lead to the rejection of his candidacy or tender and may result in administrative penalties. Page 16 Without the Central Government Authority's prior written authorisation, the Contractor and his staff or any other company with which the Contractor is associated or linked may not, even on an ancillary or sub-contracting basis, supply other services, carry out works or supply equipment for the project. This prohibition also applies to any other programmes or projects that could, owing to the nature of the contract, give rise to a conflict of interest on the part of the Contractor. 37.3 When putting forward a candidacy or tender, the candidate or tenderer must declare that he is affected by no potential conflict of interest, and that he has no particular link with other tenderers or parties involved in the project. 37.4 The Contractor must at all times act impartially and as a faithful adviser in accordance with the code of conduct of his profession. He must refrain from making public statements about the project or services without the Contracting Authority's prior approval. He may not commit the Contracting Authority in any way without its prior written consent. 37.5 For the duration of the contract, the Contractor and his staff must respect human rights and undertake not to offend the political, cultural and religious morals of Malta. 37.6 The Contractor may accept no payment connected with the contract other than that provided for therein. The Contractor and his staff must not exercise any activity or receive any advantage inconsistent with their obligations to the Contracting Authority. 37.7 The Contractor and his staff are obliged to maintain professional secrecy for the entire duration of the contract and after its completion. All reports and documents drawn up or received by the Contractor are confidential. 37.8 The contract governs the Parties' use of all reports and documents drawn up, received or presented by them during the execution of the contract. 37.9 The Contractor shall refrain from any relationship likely to compromise his independence or that of his staff. If the Contractor ceases to be independent, the Central Government Authority may, regardless of injury, terminate the contract without further notice and without the Contractor having any claim to compensation. 37.10 The tender(s) concerned will be rejected or the contract terminated if it emerges that the award or execution of a contract has given rise to unusual commercial expenses. Such unusual commercial expenses are commissions not mentioned in the main contract or not stemming from a properly concluded contract referring to the main contract, commissions not paid in return for any actual and legitimate service, commissions remitted to a tax haven, commissions paid to a recipient who is not clearly identified or commissions paid to a company which has every appearance of being a front company. ER PR EV IE W 37.2 38. Data Protection and Freedom of Information Any personal data submitted in the framework of the procurement procedure and/or subsequently included in the contract shall be processed pursuant to the Data Protection Act (2001). It shall be processed solely for the purposes of the performance, management and follow-up of the procurement procedure and/or subsequent contract by the Central Government Authority/Contracting Authority without prejudice to possible transmission to the bodies charged with a monitoring or inspection task in conformity with National and/or Community law. 38.2 The provisions of this contract are without prejudice to the obligations of the Central Government Authority in terms of the Freedom of Information Act (Cap. 496 of the Laws of Malta). The Central Government Authority, prior to disclosure of any information to a third party in relations to any provisions of this contract which have not yet been made public, shall consult the contractor in accordance with the provisions of the said Act, pertinent subsidiary legislation and the Code of Practice issued pursuant to the Act. Such consultation shall in no way prejudice the obligations of the Central Government Authority in terms of the Act. TE N D 38.1 39. Gender Equality 39.1 In carrying out his/her obligations in pursuance of this contract, the tenderer shall ensure the application of the principle of gender equality and shall thus ’inter alia’ refrain from discriminating on the grounds of gender, marital status or family responsibilities. Tenderers are to ensure that these principles are manifest in the organigram of the company where the principles aforementioned, including the selection criteria for access to all jobs or posts, at all levels of the Page 17 TE N D ER PR EV IE W occupation hierarchy are amply proven. In this document words importing one gender shall also include the other gender. Page 18 VOLUME 1 SECTION 2 – TENDER FORM (A separate, distinct Tender Form must be submitted for EACH OPTION – if applicable - submitted) Publication reference: CT 3035/2012 Tender for Creation of a Footpath at Dingli Cliffs l/o Dingli in connection with the project: Dingli Cliffs – Enhancing and protecting the Tourism Potential A TENDER SUBMITTED BY Name(s) of tenderer(s) Partner Proportion of Responsibilities2 1 1 W Leader Nationality IE Etc … PR EV 1. Add/delete additional lines for partners as appropriate. Note that a sub-contractor is not considered to be a partner for the purposes of this tender procedure. If this tender is being submitted by an individual tenderer, the name of the tenderer should be entered as 'leader' (and all other lines should be deleted) 2. Proposed proportion of responsibilities between partners (in %) with indication of the type of the works to be performed by each partner (the company acting as the lead partner in a joint venture/consortium, they must have the ability to carry out at least 50% of the contract works by its own means. If a company is another partner in a joint venture/consortium (i.e. not the lead partner) it must have the ability to carry out at least 10% of the contract works by its own means). Work intended to be subcontracted Name and details of sub-contractors Experience in similar works (details to be specified) ER 1 Value of subcontracting as percentage of the total cost 3 2 D (.) 3. The maximum amount of sub-contracting must not exceed 30% of the total contract value. The main contractor must have the ability to carry out at least 70% of the contract works by his own means. CONTACT PERSON (for this tender) TE Name N B Surname Telephone (____) ________________________ Fax Address ............................................................................................................... (____) ________________________ ............................................................................................................... ............................................................................................................... E-mail Page 19 C TENDERER'S DECLARATION(S) To be completed and signed by the tenderer (including each partner in a consortium). In response to your letter of invitation to tender for the above contract, we, the undersigned, hereby declare that: 1 We have examined, and accept in full and in its entirety, the content of this tender document (including subsequent Clarifications Notes issued by the Central Government Authority) for invitation to tender No CT3035/2012 of [……/……/……]. We hereby accept the contents thereto in their entirety, without reservation or restriction. We also understand that any disagreement, contradiction, alteration or deviation shall lead to our tender offer not being considered any further. 2 We offer to execute, in accordance with the terms of the tender document and the conditions and time limits laid down, without reserve or restriction, the following works: Creation of a Footpath at Dingli Cliffs l/o Dingli in connection with the project: Dingli Cliffs – Enhancing and protecting the Tourism Potential The total price of our tender (inclusive of duties, VAT, other taxes and any discounts) is: W 3 IE [………………………………………………………………………] This tender is valid for a period of 150 days from the final date for submission of tenders. 5 If our tender is accepted, we undertake to provide a performance guarantee of 10% of the contract value as required by the General Conditions. 6 We are making this application in our own right and [as partner in the consortium led by < name of the leader / ourselves > ] for this tender. We confirm that we are not tendering for the same contract in any other form. [We confirm, as a partner in the consortium, that all partners are jointly and severally liable by law for the performance of the contract, that the lead partner is authorised to bind, and receive instructions for and on behalf of, each member, and that all partners in the joint venture/consortium are bound to remain in the joint venture/consortium for the entire period of the contract's performance]. We are fully aware that, in the case of a consortium, the composition of the consortium cannot be modified in the course of the tender procedure. 7 We are not bankrupt or under an administration appointed by the Court, or under proceedings leading to a declaration of bankruptcy. We also declare that we have not been convicted criminally, or found guilty of professional misconduct. Furthermore, we are up-to-date in the payment of social security contributions and other taxes. 8 We accept that we shall be excluded from participation in the award of this tender if compliance certificates in respect of declarations made under Clause 7 of this declaration are not submitted by the indicated dates. 9 We agree to abide by the ethics clauses of the instructions to tenderers and, in particular, have no potential conflict of interests or any relation with other candidates or other parties in the tender procedure at the time of the submission of this application. We have no interest of any nature whatsoever in any other tender in this procedure. We recognise that our tender may be excluded if we propose key experts who have been involved in preparing this project or engage such personnel as advisers in the preparation of our tender. 10 We will inform the Central Government Authority immediately if there is any change in the above circumstances at any stage during the implementation of the contract. We also fully recognise and accept that any false, inaccurate or incomplete information deliberately provided in this application may result in our exclusion from this and other contracts funded by the Government of Malta and the European Communities. TE N D ER PR EV 4 11 Our tender submission has been made in conformity with the Instructions to Tenderers, and in this respect we confirm having included in the appropriate packages as required, the following documentation: (a) Tender Guarantee (Note 1) o Bid Bond (Volume 1, Section 3) (b) General Information (Note 2) Page 20 o Proof of Purchase (Receipt) o Statement on Conditions of Employment (Form 4.1,Volume 1, Section 4) o Power of Attorney (Clause 5.3 & Form 7.6, Volume 1, Section 7) (if applicable) o Data on Joint Venture/Consortium (Clause 5.3 & Form 7.6, Volume 1, Section 7) (if applicable) Technical Capacity (Note 3) ● Experience as Contractor (Form 4.2, Volume 1, Section 4) ● Personnel to be employed on contract (Form 7.1, Volume 1, Section 7) ● Plant & equipment to be employed on contract (Form 7.2, Volume 1, Section 7) Evaluation Criteria/Technical Specifications (Note 3) ● Workplan for Works (Form 7.3, Volume 1, Section 7) ● Literature (Form 4.3, Volume 1, Section 4) ● Graphic Work Schedule (Form 7.4, Volume 1, Section 7) ● Dossier (Form 7.6, Volume 1, Section 7) (f) Tender Form, and Financial Offer/Bill of Quantities (Note 3) PR EV (e) W (d) IE (c) Selection Criteria (Note 2) Financial and Economic Standing (Note 2) o (Not Applicable) Notes: Tenderers will be requested to clarify/rectify, within two working days from notification, the tender guarantee only in the following two circumstances: either incorrect validity date, and/or incorrect value. This is indicated by the symbol ○ 2. Tenderers will be requested to either clarify/rectify any incorrect and/or incomplete documentation, and/or submit any missing documents within two working days from notification. This is indicated by the symbol ○ 3. No rectification shall be allowed. Only clarifications on the submitted information may be requested. This is indicated by the symbol ● 1. I acknowledge that the Central Government Authority and/or Contracting Authority shall request rectifications in respect of incomplete/non-submitted information pertinent to the documentation listed in Clause 11(a), 11(b), and 11(c) of this Tender Form. We understand that such rectification/s must be submitted within two (2) working days, and will be subject to a non-refundable administrative penalty of €50, and that failure to comply shall result in our offer not being considered any further. 13 We note that the Central Government Authority is not bound to proceed with this invitation to tender and that it reserves the right to cancel or award only part of the contract. It will incur no liability towards us should it do so. N D ER 12 _________________________________________ I.D. / Passport Number: _________________________________________ Signature of tenderer: _________________________________________ Duly authorised to sign this tender on behalf of: _________________________________________ TE Name and Surname: Company/Lead Partner VAT No: (if applicable) _________________________________________ Stamp of the firm/company: _________________________________________ Place and date: _________________________________________ Page 21 VOLUME 1 SECTION 3 – TENDER GUARANTEE FORM [On the headed notepaper of the financial institutions providing the guarantee] Whereas the Director of Contracts has invited tenders for ....................................................................................................................................., and whereas Messrs .................................................................................... [Name of tenderer] (hereinafter referred to as the Tenderer) is submitting such a tender in accordance with such invitation, we ................................................... [Name of Bank], hereby guarantee to pay you on your first demand IE W in writing a maximum sum of four thousand two hundred euro (€4,200) in case the Tenderer withdraws his tender before the expiry date or in the case the Tenderer fails to provide the Performance Bond, if called upon to do so in accordance with the Conditions of Contract. The guarantee becomes payable on your first demand and it shall not be incumbent upon us to verify EV whether such demand is justified. This guarantee is valid for a period of one hundred and fifty (150) days from the closing date of submission of tenders, and expires on the 30th November 2012. Unless it is extended by us or returned to us for PR cancellation before that date, any demand made by you for payment must be received at this office in writing not later than the above-mentioned expiry date. This document should be returned to us for cancellation or utilisation or expiry or in the event of the ER guarantee being no longer required. After the expiry date and in the absence of a written demand being received by us before such expiry date, this guarantee shall be null and void, whether returned to us for cancellation or not, and our liability N D hereunder shall terminate. Yours faithfully, TE .................................. Bank Manager .................................. Date Page 22 VOLUME 1 SECTION 4 - TENDERER’S STATEMENTS Form 4.1 - Statement on Conditions of Employment It is hereby declared that all employees engaged on this contract shall enjoy working conditions such as wages, salaries, vacation and sick leave, maternity and parental leave as provided for in the relative Employment Legislation. Furthermore, we shall comply with Chapter 424 of the Laws of Malta (Occupational Health and Safety Authority Act) as well as any other national legislation, regulations, standards and/or codes of practice or any amendment thereto in effect during the execution of the contract. Signature: ............................................................. ............................................................. TE N D ER PR Date: EV (the person or persons authorised to sign on behalf of the tenderer) IE W In the event that it is proved otherwise during the execution of the contract it is hereby being consented that the contract is terminated with immediate effect and that no claim for damages or compensation be raised by us. Page 23 Form 4.2 - Experience as Contractor List of contracts of similar nature and extent (civil and road engineering and construction projects) performed during the past three (3) years. Contractor must at least provide evidence of 2 projects completed in the last 3 years each having a value of not less than €200,000: Name of Project/ Kind of works Total value of works the contractor was responsible for Period of Contract Starting Date Percentage of works completed Client/Contracting Authority and place Final Acceptance Issued? • Yes • Not Yet (current contract) • No TE N D ER PR EV IE W (A) Malta Prime Contractor (P) Or SubContractor (S) Page 24 Name of Project/ Kind of works Total value of works the contractor was responsible for Period of Contract Starting Date Percentage of works completed Client/ Contracting Authority and place Prime Contractor (P) Or SubContractor (S) Final Accepance Issued? • Yes • Not Yet (current contract) • No Signature: PR EV IE W (B) Abroad .................................................................... .................................................................... TE N D Date: ER (the person or persons authorised to sign on behalf of the tenderer) Page 25 Form 4.3 - Literature Tenders will be disqualified if the information submitted with this form does not honour the specifications referred to in this form or if the information submitted is insufficient and does not cover all the parameters specified in the specifications. 1. List of literature to be submitted with the tender: 1.2 1.3 Literature on hardstone paving material: (a) Signed authentic and recently dated (not more than 18 months) test certificates from an independent testing house Section F (b) Indication of country of origin of material. Literature on Elevated Walkway: Substructure: Signed authentic and recently dated (not greater than 18 months) test certificates of the various FRP profiles to be used W Reference in Technical Specifications IE 1.1 Description Section G(a) PR EV Item Literature on Elevated Walkway: Screwjack Pedestals: Signed authentic and recently dated (not more than 18 months) test certificates of the type of pedestal to be used Section G(c) ER 2. List of samples to be submitted as per Volume 1 Section 1 - Instructions to Tenderers Clause 30.4: Samples must be accompanied by a written declaration from source of origin indicating clearly from which country such materials would be procured. Description D Item Reference in Technical Specifications One in number hardstone slab 200mm x 200mm x 50mm thick. Section F 1.2 A sample of the hardstone crazy paving laid on a portable frame or tray of circa 900mm x 900mm. Section F 1.3 A 200mm section of a 200mm wide x 225mm high hardstone kerb. Section F TE N 1.1 Signature: .................................................................... (the person or persons authorised to sign on behalf of the tenderer) Page 26 VOLUME 1 SECTION 5 – GLOSSARY Definitions Note: the present definitions are given here for convenience only, in the context of the tender procedure. The definitions set out in the contract as concluded are determining for the relations between the parties to the contract. Administrative order: Any instruction or order issued by the Engineer to the Contractor in writing regarding the execution of the works. Central Government Authority: means the Department of Contracts Contracting Authority: means the final beneficiary IE W Breakdown of the overall price: A heading-by-heading list of the rates and costs making up the price for a lump-sum contract. EV Conflict of interest: Any event influencing the capacity of a candidate, tenderer or supplier to give an objective and impartial professional opinion, or preventing him, at any moment, from giving priority to the interests of the Central Government Authority and the Contracting Authority. Any consideration relating to possible contracts in the future or conflict with other commitments, past or present, of a candidate, tenderer or supplier, or any conflict with his own interests. These restrictions also apply to sub-contractors and employees of the candidate, tenderer or supplier. Contract value: The total value of the contract to be paid by the Contracting Authority in terms of the agreed terms and conditions. PR Contractor: The successful tenderer, once all parties have signed the contract. Day: Calendar day. Dayworks: Varied work inputs subject to payment on an hourly basis for the Contractor's employees and plant. ER Defects Notification Period: The period stated in the contract immediately following the date of provisional acceptance, during which the Contractor is required to complete the works and to remedy defects or faults as instructed by the Engineer. Drawings: Drawings provided by the Contracting Authority and/or the Engineer, and/or drawings provided by the Contractor and approved by the Engineer, for the carrying out of the works. N D Engineer's representative: Any natural or legal person, designated by the Engineer as such under the contract, and empowered to represent the Engineer in the performance of his functions, and in exercising such rights and/or powers as have been delegated to him. In this case, references to the Engineer will include his representative. TE Equipment: Machinery, apparatus, components and any other articles intended for use in the works Evaluation committee: a committee made up of an odd number of voting members (at least three) appointed by the Central Government Authority and possessing the technical, linguistic and administrative capacities necessary to give an informed opinion on tenders. Final acceptance certificate: Certificate(s) issued by the Engineer to the Contractor at the end of the defects notification period stating that the Contractor has completed his obligations to construct, complete, and maintain the works concerned. Final Beneficiary: The Department/Entity or other government body on whose behalf the Department of Contracts has issued this tender. Foreign currency: Any currency permissible under the applicable provisions and regulations other than the Euro, which has been indicated in the tender. Page 27 General conditions: The general contractual provisions setting out the administrative, financial, legal and technical clauses governing the execution of contracts. General damages: The sum not stated beforehand in the contract, which is awarded by a court or an arbitration tribunal, or agreed between the parties, as compensation payable to an injured party for a breach of the contract by the other party. In writing: This includes any hand-written, typed or printed communication, including fax transmissions and electronic mail (e-mail). Liquidated damages: The sum stated in the contract as compensation payable by the Contractor to the Contracting Authority for failure to complete the contract or part thereof within the periods under the contract, or as payable by either party to the other for any specific breach identified in the contract. Modification: An instruction given by the Engineer which modifies the works. IE W National currency: The currency of the country of the Contracting Authority. Period: A period begins the day after the act or event chosen as its starting point. Where the last day of a period is not a working day, the period expires at the end of the next working day. Plant: appliances and other machinery, and, where applicable under the law and/or practice of the state of the Contracting Authority, the temporary structures on the site required to carry out the works but excluding equipment or other items required to form part of the permanent works. EV Provisional sum: A sum included in the contract and so designated for the execution of works or the supply of goods, materials, plant or services, or for contingencies, which sum may be used in whole or in part, or not at all, as instructed by the Engineer. PR Site: The places provided by the Contracting Authority where the works are to be carried out and other places stated in the contract as forming part of the site. Special conditions: The special conditions laid down by the Contracting Authority as an integral part of the tender document, amplifying and supplementing the general conditions, clauses specific to the contract and the terms of reference (for a service contract) or technical specifications (for a supply or works contract). Supervisor/Engineer: The legal or natural person responsible for administering the contract on behalf of the Contracting Authority. ER Tender document/s: The dossier compiled by the Contracting Authority and containing all the documents needed to prepare and submit a tender. Tender price: The sum stated by the tenderer in his tender for carrying out the contract. N D Works: Works of a permanent or temporary nature executed under the contract. TE Written communications: Certificates, notices, orders and instructions issued in writing under the contract. Page 28 VOLUME 1 SECTION 6 – EXTRACTS FROM THE PUBLIC PROCUREMENT REGULATIONS Part XIII - Appeals The procedure for the submission of appeals is stipulated in Part XIII of the Public Procurement Regulations (Legal Notice 296/2010), reproduced hereunder for ease of reference. (1) Any tenderer or candidate concerned, or any person, having or having had an interest or who has been harmed or risks being harmed by an alleged infringement or by any decision taken including a proposed award in obtaining a contract or a cancellation of a call for tender, may file a notice of objection with the Review Board. IE W The notice shall be filed within ten calendar days following the date on which the contracting authority has by fax or other electronic means sent its proposed award decision. The communication to each tenderer of the proposed award shall be accompanied by a summary of the relevant reasons relating to the rejection of the tender as set out in regulation 44(3), and by a precise statement of the exact standstill period. The procedure to be followed in submitting and determining complaints as well as the conditions under which such complaints may be filed shall be the following: (a) any decision by the General Contracts Committee (or a Special Contracts Committee) and by a contracting authority, shall be made public at the Department of Contracts or at the office of the contracting authority prior to the award of the contract; the notice of objection duly filed in accordance with sub-regulation (1) shall be made public by the Review Board not later than the next working day following its filing; (c) within three working days of the publication of the replies the Secretary of the Review Board shall prepare a report (the Analysis Report) analysing the letter of objection. This report shall be circulated to the persons who file an objection and interested parties. After the preparatory process is duly completed, the Head of the contracting authority shall forward to the Chairman of the Review Board all documentation pertaining to the call for tenders in question including files, tenders submitted, copies of deposit receipts, any motivated letter, who shall then proceed as stipulated in Part XIV; ER (b) N D (2) PR EV The notice of objection shall only be valid if accompanied by a deposit equivalent to one per cent of the estimated value of the tender submitted by the tenderer, provided that in no case shall the deposit be less than one thousand and two hundred euro (€1,200) or more than fifty-eight thousand euro (€58,000). The Secretary of the Review Board shall immediately notify the Director that an objection had been filed with his authority thereby immediately suspending the award procedure. The Department of Contracts or the contracting authority involved, as the case may be, shall be precluded from concluding the contract during the period of ten calendar days allowed for the submission of appeals. The award process shall be completely suspended if an appeal is eventually submitted. the Director or the Head of the contracting authority shall publish a copy of the decision of the Review Board at his department or at the premises of the relevant contracting authority, as the case may be. TE (d) Copies of the decision shall be forwarded by the Secretary of the Board to the complaining tenderer, any persons who had registered or had an implied interest, the Director of Contracts and to the contracting authority concerned. Page 29 VOLUME 1 SECTION 7 – QUESTIONNAIRE – Personnel to be employed on the contract – Plant and Equipment to be employed on the Contract – Workplan for Works – Graphic Works Schedule – Dossier – Power of Attorney (if applicable) – Data on Joint Venture/Consortium (if applicable) Notes to Tenderers IE W Form 7.1 Form 7.2 Form 7.3 Form 7.4 Form 7.5 Form 7.6 Form 7.7 1. All questions contained in the forms must be answered by the tenderer. EV 2. Additional sheets may be attached as necessary. 3. If a question does not apply to the tenderer, "not applicable" should be entered alongside with a brief explanation of why. PR 4. Every single page of each form must be numbered consecutively in the bottom right-hand corner. 5. Financial data and declarations presented by the tenderer must be given in Euro. Original bank statements may be also attached for reference. 6. Attached documentation/certificates must always be accompanied by a relevant translation in the language of the procedure. ER 7. Each partner in a joint venture/consortium must fill in and submit every form. 8. The person signing this questionnaire guarantees the truthfulness and accuracy of all the statements made. TE N D 9. The accuracy of the answers to the questionnaire, their completeness and the attached documentation will be taken into account in the tender evaluation. Please refer to Clause 1.1 of the Instructions to Tenderers. Page 30 Form 7.1 - Personnel to be employed on this contract The Evaluation Committee reserves the right to request the CVs of key staff at evaluation stage. Position Nationality (Name) Age Level of Years of Experience Major Works for which was responsible Education Within In Company Construction Project Value in € W Architect (warranted) Site Manager/Foreman/ IE Supervisor EV Assistant Site Manager Land Surveyor Competent Person in Occupational Health & Other Responsible for D [..........................] ER Safety PR Ecologist Page 31 Form 7.2 - Plant and Equipment to be Employed on Contract Plant proposed and available for the performance of the contract. The Contractor may require to use additional plant for the proper conductance of works at no additional cost to the Contracting Authority. DESCRIPTION Power/ Number Age Owned (O), Origin Present (Type/Make/Model) Capacity Of Units (Years) Hired (H), and (Country) approximate % of ownership _____ / .......% _____ / .......% 1 Excavator _____ / .......% IE _____ / .......% W 2 Trucks value in € 1 Rotary Saw _____ / .......% _____ / .......% _____ / .......% PR EV 1 Compactor _____ / .......% Signature: .................................................................... .................................................................... TE N D Date: ER (the person or persons authorised to sign on behalf of the tenderer) Page 32 Form 7.3 – Workplan for Works Please attach the Workplan in relation to this tender. This is to consist of a method statement clearly explaining the methodology to be employed for the works outlined. Tenderers must submit the Preliminary .................................................................... ER Signature: PR EV IE W Method Statement with their tender submission. (the person or persons authorised to sign on behalf of the tenderer) .................................................................... TE N D Date: Page 33 Form 7.4 - Graphic Work Schedule .................................................................... PR Signature: EV IE W Please attach the Graphic Work Schedule in relation to this tender. This is to take the form of a Gantt chart. (the person or persons authorised to sign on behalf of the tenderer) .................................................................... TE N D ER Date: Page 34 Form 7.5 – Dossier Please attach dossier not more than 20 A4 size pages containing description including photographs of at least two projects consisting of road works, civil engineering and construction works carried out by the bidder/s during the last three years. The minimum value of each of the construction projects completed in the past three years shall be not less than €200,000. Tenders must submit the information in the following format for each of the projects required: Format (to be repeated for each of the two projects) Project: IE W Name of Project: Project Commenced on: Project Completed on: Project Value (excluding VAT): EV Description of Works: ___________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ PR ______________________________________________________________________________________________ ______________________________________________________________________________________________ TE N D Photos of works: ER ______________________________________________________________________________________________ Signature: .................................................................... (the person or persons authorised to sign on behalf of the tenderer) Date: .................................................................... Page 35 Form 7.6 - Power of Attorney (if applicable) .................................................................... ER Signature: PR EV IE W Please attach here the power of attorney empowering the signatory of the tender and all related documentation. (the person or persons authorised to sign on behalf of the tenderer) .................................................................... TE N D Date: Page 36 Form 7.7 - Data on Joint Venture/Consortium (if applicable) 1 Name ..................................................................... 2 Managing Board’s Contact Details Address: .......................................................... ........................................................... Telephone: ........................ Fax: ........................ Email: ............................................................. Agency in the state of the Contracting Authority, if any (in the case of a Joint Venture/Consortium with a foreign lead partner) Address: .......................................................... ........................................................... W 3 Telephone: ........................ Fax: ........................ 4 IE Email: ............................................................. Names of Partners 5 Name of Lead Partner ....................................................... PR EV (i) (ii) ....................................................... (iii) ....................................................... (iv) ....................................................... ........................................................ Agreement governing the formation of the Joint Venture/Consortium (Enclose Joint Venture / Consortium Agreement) Place of Signature: Date of Signature: ER 6 .................................................. Proposed proportion of responsibilities between partners (in %) with indication of the type of the works to be performed by each* D 7 ................................................... N * The company acting as the lead partner in a joint venture/consortium, they must have the ability to carry out at least 50% of the contract works by its own means. If a company is another partner in a joint venture/consortium (i.e. not the lead partner) it must have the ability to carry out at least 10% of the contract works by its own means ............................................. - .....% ............................................. - .....% ............................................. - .....% TE ............................................. - .....% Signature: ............................................................. (the person or persons authorised to sign on behalf of the tenderer) Date: …………………… Page 37 VOLUME 2 VOLUME 2 SECTION 1 – DRAFT CONTRACT FORM Financed by: European Agricultural Funds for Rural Development (EAFRD 2007-2013) Project: Creation of a Footpath at Dingli Cliffs l/o Dingli in connection with the project: Dingli Cliffs – Enhancing and protecting the Tourism Potential. Contract Number: CT3035/2012 This contract is concluded between: W Department of Contracts Notre Dame Ravelin Floriana FRN 1600 Malta [Name of Contractor] [Address] PR EV (hereinafter called “The Contractor”) on the other part, IE (hereinafter called “The Central Government Authority”) on behalf of [name of Contracting Authority and address] on the one part, and Whereas the Central Government Authority is desirous that certain works should be executed by the Contractor, viz.: Tender for Creation of a Footpath at Dingli Cliffs l/o Dingli in connection with the project: Dingli Cliffs – Enhancing and protecting the Tourism Potential. and has accepted a tender by the Contractor for the execution and completion of such works and the remedying of any defects therein. It is hereby agreed as follows: In this contract words and expressions shall have the meanings assigned to them in the contractual conditions set out below. 2. The following documents shall be deemed to form and be read and construed as part of this contract, in the following order of precedence: ER 1. TE N D (a) this Contract, (b) the Special Conditions, (c) the General Conditions, (d) the technical specifications, bill of quantities and design documentation, (e) the Contractor’s technical offer (including any clarifications made during adjudication), (f) the bill of quantities (after arithmetical corrections)/breakdown, (g) the tender form, (h) any other documents forming part of the contract. Addenda shall have the order of precedence of the document they are modifying. 3. In consideration of the payments to be made by the Contracting Authority to the Contractor as hereinafter mentioned, the Contractor undertakes to execute and complete the works and remedy defects therein in full compliance with the provisions of the contract. 4. The Contracting Authority hereby agrees to pay the Contractor in consideration of the execution and completion of the works and remedying of defects therein the amount of: • Contract price (including VAT/other taxes): €..................................... • Contract price in words:................................................................. Euro Page 38 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. VAT shall be paid in compliance with National Law (in particular the VAT Act 1998, the Act No X of 2003 and relevant Legal Notices). 5. The Contractor hereby agrees to submit a performance guarantee amounting to €............... equivalent to 10% of the contract value together with the signed contract. 6. In witness whereof the parties hereto have signed the contract. This contract shall take effect on the date on which it is signed by the last party. IE W Done in English in three originals: one for the Central Government Authority, one for the Contracting Authority, and one for the Contractor. Contractor: Signed by: Signed by: ........................................................... ........................................................... In the capacity of: In the capacity of: ........................................................... ........................................................... Being fully authorized by and acting on behalf of Being fully authorized by and acting on behalf of ........................................................... ........................................................... Date: .................................................... Date: .................................................... TE N D ER PR EV Central Government Authority: Page 39 VOLUME 2 SECTION 2 – GENERAL CONDITIONS The full set of General Conditions for Works Contracts (Version 1.02 dated 1 December 2011) can be viewed/downloaded from: www.contracts.gov.mt/conditions W It is hereby construed that the tenderers have availed themselves of these general conditions, and have read and accepted in full and without reservation the conditions outlined therein, and are therefore waiving any standard terms and conditions which they may have. TE N D ER PR EV IE These general conditions will form an integral part of the contract that will be signed with the successful tenderer/s. Page 40 VOLUME 2 SECTION 3 – SPECIAL CONDITIONS These conditions amplify and supplement, if necessary, the General Conditions governing the contract. Unless the Special Conditions provide otherwise, those General Conditions remain fully applicable. The numbering of the Articles of the Special Conditions is not consecutive but follows the numbering of the Articles of the General Conditions. Other Special Conditions should be indicated afterwards. Article 2: Law and language of the contract The Laws of Malta shall apply in all matters not covered by the provisions of the contract. 2.2 The language used shall be English. Article 3: Order of precedence of contract documents IE W 2.1 The contract is made up of the following documents, in order of precedence: EV (a) the Contract, (b) the Special Conditions, (c) the General Conditions, (d) the Contracting Authority’s technical specifications and design documentation, (e) the Contractor’s technical offer, and the design documentation (drawings), (f) the bill of quantities (after arithmetical corrections)/breakdown, (g) the tender form,, (h) any other documents forming part of the contract. Article 4: Communications PR Addenda have the order of precedence of the document they are modifying. The contact at the Contracting Authority is: ER Project Design and Implementation Department Ministry for Resources and Rural Affairs Project House, Floriana, Malta N D Specific procedures of communication (templates of request for information, contract submittal, site instructions, etc) shall be agreed among the Contracting Authority, the Engineer and the Contractor within 15 days from the Commencement Date of the Contract, unless otherwise specified in these Special conditions and in Volume 3 – Technical Specifications. TE Article 5: Supervisor and Supervisor's representative The works shall be carried out under the direction and to the reasonable satisfaction of the Architect in charge. The Contractor shall proceed with the works in accordance with instructions given by the Architect in charge. Article 8: Supply of Documents 8.1 Further to Article 8.1 of the General Conditions, the works shall be carried out in accordance with the direction and to the satisfaction of the Architect in charge, in accordance with Drawings, specifications, Bills of Quantities and such further drawings and directions as may from time to time be given by the Architect in charge. If the work executed on any such direction is in the opinion of the Contractor extra to that stated in the specifications, he shall, before proceeding with such work, give notice to this effect to the Architect in charge. Page 41 Any direction or further drawings which may be given by the Architect in charge from time to time shall not invalidate this contract. Article 10 : Assistance with Local Regulations As specified in the General Conditions Article 11: The Contractor’s Obligations Further to what is stated in Clause 11.1 of the General Conditions, the Contractor shall provide everything necessary for the proper execution of the works according to the true intent and meaning of the drawings and specifications taken together, providing that the same be reasonably inferred therefrom. If the Contractor finds any discrepancy in the drawings or between the drawings and specifications, he shall immediately refer the matter to the Architect in charge who shall decide which shall be followed and the Contractor will be held responsible for any errors that may occur in the work through the neglect of this precaution. Figured dimensions and particulars are to be taken from the actual work. It must be distinctly understood that the whole specification is intended to be strictly enforced, and that no extra charge in respect of extra works will be allowed unless they are clearly outside the spirit of the specification. The Contractor shall be responsible to carry out the setting out of the construction site. 11.6 Should the contractor fail to give an address for service or give an address close to the works, or appoint an agent residing at that address within two months of being notified of the approval of the contract, all notifications concerning the contract shall be valid when they are sent to the Contracting Authority address: PR Director General Project Design and Implementation Department Ministry for Resources and Rural Affairs Project House, Floriana, Malta EV IE W 11.1 Works are to be carried out in such a manner as to cause no damage by vibration or other cause to adjacent buildings and as little inconvenience as possible to the public. The contractor will be held responsible for any claims which arise from the disregard of this clause. Debris is to be sprinkled with water to prevent dust arising and all proper screens and protection provided to the satisfaction of the Architect in charge. 11.13 Under no circumstances will the Contractor be allowed to use the hoarding or any part of the building for advertising purposes, but he will be allowed to exhibit the usual name boards to the approval of the Architect in charge. 11.14 The Contractor shall provide all the required plant, material, tools, instruments and equipment for proper conductance of the works as well as provide transport for his employees to and from the site of works. N D ER 11.12 Article 13: Performance Guarantee The performance guarantee shall be 10% of the contract value TE 13.1 13.3 The performance guarantee shall be in the format given in Volume 2, Section 4 and shall be provided in the form of a bank guarantee. It shall be issued by a bank in accordance with the eligibility criteria applicable for the award of the contract. 13.8 The performance guarantee shall be released within 30 days from the signing of the final statement of account. Article 14: Insurance 14.4 Without any prejudice to Article 14.4 of the General Conditions, the Contractor is required to insure against all risks and civil liabilities resulting from an act or omission attributed to the Contractor, to his legal successors or agents for the minimum amount of € 235,000.00 per Page 42 14.6 accident with the number of occurrences unlimited. Without any prejudice to Article 14.6 of the General Conditions, the contractor is required to insure for the whole duration of the contract for the amount of € 1,000,000 per accident with the number of occurrences unlimited against each party’s liability for any loss, damage, death or bodily harm, that may be caused to third parties, or to any person that is authorised to be on site at any given time, or any damages to property belonging to third parties, including loss of profits that may be sustained by third parties. Article 15: Performance Programme (Timetable) 15.2 The Contractor shall provide an overall performance programme identifying key work stages for the Works based on each type of works indicated in the project. The performance programme shall be adjusted as to include only working shifts during the day. Works are forbidden at night unless otherwise specifically authorised by the Architect in charge. IE W The contractor shall submit a first draft of the performance programme together with the Tender Documents and a revised version within 10 days from the Order to Start Works. The Performance programme shall be updated monthly or whenever required by the Architect in charge, to be in line with the progress of the actual Works. The Architect in charge shall approve the reviewed performance programme within 5 days after the submission by the Contractor. EV Article 17: Contractor’s Drawings As per General Conditions. PR Article 18: Tender Prices As specified in the General Conditions. Article 22: Interference with Traffic N D ER The Contractor shall obtain official permits from the relevant authorities (Local Councils and Transport Malta). He/she shall directly make the necessary arrangements with the involved entities for the deviation of traffic and shall inform the Architect in charge of such arrangements accordingly. All expenses related to these procedures shall be covered by the Contractor. Any work, causing interference with traffic, cannot start before the necessary permits have been issued. Article 24: Setting - out Further to Article 24.1(a) the Contractor shall be responsible for carrying out the original setting out using the tender drawings that will be provided to the Contractor in ACAD format. The Contracting Authority shall also provide the Contractor with a survey on which the tender drawings were based. TE 24.1(a) Article 25: Demolished Materials 25.1 Stone from demolished rubble walls shall become the property of the Contracting Authority unless this is re-used within the works of this tender following approval by the Architect in charge. 25.4 The Contractor shall remove the excess waste materials from the site as per General Conditions, Article 25, Clause 25.4, and shall also take care of their disposal fully at his expense. Article 26: Discoveries Page 43 26.2 As specified in the General Conditions. 26.3 As specified in the General Conditions. Article 27: Temporary Works 27.3 Any water required for the works must be provided by the Contractor who executes any temporary plumbing required at his own expense and pays all fees and charges. Any temporary electricity supply required is likewise to be provided by the Contractor at his expense. A generator may be necessary for the conductance of the works. Article 28 : Soil Studies As specified in the General Conditions. IE W 28.1 Article 30: Patents and Licences 30.1 As specified in the General Conditions. Article 31: Commencement Date The Commencement Date of this contract shall be 1 week from the Order to Start Works. Article 32: Period of Performance The period of performance shall not exceed 6 cumulative months, that is, all works must be completed within 6 months from the commencement date. Article 34: Delays in Execution The Contractor shall be liable to damages of €340 per day of delay, including Saturdays, Sundays and Public Holidays, up to a limit of €100,000. ER 34.1 PR 32.1 EV 31.1 Article 35: Variations and Modifications 35.8 35.9 As specified in the General Conditions. N D 35.7 As specified in the General Conditions. As specified in the General Conditions. TE Article 37: Work Register 37.1 A work register is to be kept on site as specified in the General Conditions. Article 39: Quality of Works and Materials 39.2 All designs, components, materials, and methodologies shall be submitted to the Architect in charge for written preliminary technical approval, prior to their implementation or procurement. Article 40: Inspection and Testing Page 44 40.2 Further to Article 40.2 the Contractor shall give notice to the Architect in charge when any work is ready before it is covered up. The Architect in charge shall either carry out the examination; inspection and testing without unreasonable delay, or promptly give notice to the Contractor that he does not intend doing so. If the Contractor fails to give notice, he shall, if and when required by the Architect in charge, uncover the works and thereafter reinstate and make good, all at his own expense, regardless of whether the tests prove to be satisfactory or not. IE W During the course of Works, the Architect in charge reserves the right to take samples or carry out specialised tests on site. In specific cases, analysis/tests on samples may take significant time to be completed, in which case, the Architect in charge may request suspension of all or part of the activities being carried out by the Contractor. Unless such tests/analysis are being carried out due to any negligence, bad workmanship, etc. from the Contractor’s side, the Contracting Authority may opt to prolong the completion period as detailed in this tender document. Should, however, the need for such tests arise due to any negligence, bad workmanship, etc. by the Contractor, expenses incurred in the carrying out of such tests will be deducted from payments due to the Contractor without any extension to the completion period. As indicated in Section E 16 of Volume 3 – Technical Specifications in case of concrete testing a €175 penalty will be deducted for each failed test. 42.2 As specified in the General Conditions. Article 43: Payments: General Principles Payments will be made in Euro. PR 43.1 EV Article 42: Ownership of Plants and Materials Payments shall be authorized by the Contracting Authority, and paid by the Treasury Department. Sums due shall be paid within no more than 60 calendar days from the date on which an admissible payment request is registered by the Treasury Department. The date of payment shall be the date on which the paying institution's account is debited. The payment request shall not be admissible if one or more essential requirements are not met. Payments will be a made every month following the issue of a certificate for payment issued by the Architect in charge as specified below: N D ER 43.3 Payment Schedule Commencement date 20% of Contract Value Interim payments The value of measured works as approved by the Architect in charge paid in one payment every month. 75 % of Contract Value As per Article 45. 5% of Contract Value TE Prefinancing Retention Money Article 44: Pre-financing 44.1 Pre-financing (Advanced Payment) is permitted on this contract. The total amount of the prefinancing is set as a maximum of 20% of the original contract price. In order to obtain prefinancing payment, the Contractor must forward to the Contracting Authority the payment request, the performance guarantee in accordance with General Conditions - Article 13 and a pre-financing guarantee (Volume 2, Section 5) for the full amount of the pre-financing Page 45 payment. The pre-financing guarantee shall be released only after the provisional acceptance certificate has been issued by the Contracting Authority. Article 45: Retention Monies 45.2 The sum of money retained from the interim payments shall be of 5% of the contract value. The retention money shall be released only after final certification of the works by the Architect in charge. Article 46: Price Revision 46.1 No revision of prices will be allowed in this contract. 46.2 Prices contained in the Contractor's tender shall be deemed: In the event of changes to, or introduction of, any national or state statute, ordinance, decree or other law, or any regulation or bye-law of any local or other public authority, after the date stated in Article 46.3 which causes a change in the contractual relationship between the parties to the contract, the Contracting Authority and the Contractor shall consult on how best to proceed further under the contract, and may as a result of such consultation decide, with the prior approval of the Central Government Authority: EV 46.3 IE W a) to have been determined on the basis of the conditions in force 30 days prior to the latest date fixed for submission of tenders or, in the case of direct agreement contracts, on the date of the contract; b) to have taken account of the legislation and the relevant tax arrangements applicable at the reference date fixed in Article 46.3(a). In the event of a delay in the execution of the works for which the Contractor is responsible, or at the end of the period of performance revised as necessary in accordance with the contract, there shall be no further revision of prices within the 30 days before provisional acceptance, except for the application of a new price index, if this is to the benefit of the Contracting Authority. ER 46.4 PR a. to modify the contract; or b. to provide for compensation for any imbalance caused by one Party to the other; or c. to terminate the contract by mutual agreement. Article 47: Measurement The works shall be measured as detailed in the Bill of Quantities, and as specified in the appropriate clauses in the attached specifications. Measurement of works shall be done by the Contracting Authority in the presence of the Contractor or his representative. Should the Contractor or his representative not be present on the date and time agreed for such measurements to be taken, then the measurements taken by the Contracting Authority shall be final. TE N D 47.2 Article 48: Interim Payments 48.1 As per General Conditions, Article 48, Clause 48.1 and Special Conditions, Article 43, Clause 43.3. Article 50: Delayed Payments 50.1 The Contracting Authority shall pay the Contractor sums due within 60 days of the date on which an admissible payment is registered, in accordance with Article 43 of these Special Conditions. This period shall begin to run from the approval of these documents by the competent department. These documents shall be approved either expressly or tacitly, in the absence of any written reaction in the 45 days following their receipt accompanied by the Page 46 requisite documents. 50.2 Once the deadline laid down in Article 50.1 has expired, the Contractor may, within two months of late payment, claim late-payment interest: At the rediscount rate applied by the issuing institution of the country of the Contracting Authority; On the first day of the month in which the deadline expired, plus three and a half percentage points. The late-payment interest shall apply to the time which elapses between the date of the payment deadline (exclusive) and the date on which the Contracting Authority's account is debited (inclusive). IE W By way of exception, when the interest calculated in accordance with this provision is lower than or equal to €200, it shall be paid to the Contractor only upon a demand submitted within two months of receiving late payment. Article 53: End Date The date on which the commitment of Community funds ends is 12/2015. 56.3 As specified in the General Conditions. Article 57: Provisional Acceptance PR As specified in the General Conditions. EV Article 56: Partial Acceptance Article 58: Maintenance Obligations The contractor shall guarantee the works carried out through this contract for a period of 24 months from date of completion of ALL works. ER 58.7 N D Any remedial works performed during the guarantee period (until 24 months after completion of ALL works described in this contract) shall be carried out as specified in this document and approved by the Architect in charge. The contractor shall be responsible for providing all suitable means, for obtaining all permissions, and making all the necessary arrangements with all authorities concerned to carry out all the remedial works at no extra cost to the Government. Article 66: Dispute Settlement by Litigation TE Any dispute between the Parties that may arise during the performance of this contract and that has not been possible to settle otherwise between the Parties shall be submitted to the arbitration of the Malta Arbitration Centre in accordance with the Arbitration Act (Chapter 387) of the Laws of Malta. This law is based on “Model Law” which is the Model Law on International Commercial Arbitration adopted on June 21, 1985 by the United Nations Commission on International Trade Law reproduced in the First Schedule of the Arbitration Act. Page 47 VOLUME 2 SECTION 4 – SPECIMEN PERFORMANCE GUARANTEE (LETTERHEAD OF THE REGISTERED FINANCIAL INSTITUTION PROVIDING THE GUARANTEE) Director of Contracts Department of Contracts Notre Dame Ravelin Floriana FRN1600 Malta [Date] Dear Sir, W Our Guarantee Number .......................... for €...................... Account: [Account Holder’s Name] PR EV IE In connection with the contract entered into between yourself on behalf of the Director of Contracts and [Name and Address of Contractor] hereinafter referred to as “the Contractor” as per the latter’s tender and your acceptance under CT 3035/2012, whereby the contractor undertook the [title of contract] in accordance with Article 13 of the Special Conditions the works as mentioned, enumerated or referred to in the Specification and/or Bills of Quantities forming part of the contract documents, we hereby guarantee to pay you on demand a maximum sum of €[amount in works and numbers] in case the obligations of the above-mentioned contract are not duly performed by the Contractor. This guarantee will become payable on your first demand and it shall not be incumbent upon us to verify whether such demand is justified. For avoidance of doubt it is hereby declared that although this instrument gives rise to legal relations between the guarantor and the beneficiary, it is hereby specifically declared for all intents and purposes of law that this guarantee does not exempt the above-mentioned Contractor from any obligations, acts of performance or undertaking assumed under the tender documents as ratified in the contract. ER Any payments due to the contractor in respect of the obligations entered into under the contract above referred to shall be made through this Bank. This guarantee expires on the [expiry date] and unless it is extended by us or returned to us for cancellation before that date any demand made by you for payment must be received in writing not later than the aforementioned expiry date. D This document should be returned to us on utilization or expiry or in the event of the guarantee being no longer required. N After the expiry date and in the absence of a written demand being received by us before such expiry date, this guarantee shall be null and void, whether returned to us or not, and our liability hereunder shall terminate. TE This guarantee is personal to you, and is not transferable or assignable. Yours Faithfully, ............................................. [Signatory on behalf of Guarantor] Page 48 VOLUME 2 SECTION 5 – SPECIMEN PREFINANCING PAYMENT GUARANTEE (LETTERHEAD OF THE REGISTERED FINANCIAL INSTITUTION PROVIDING THE GUARANTEE) Director of Contracts Department of Contracts Notre Dame Ravelin Floriana FRN1600 Malta [Date] W CT 3035/2012 Dear Sir, IE We the undersigned, [name, company name, address], hereby declare that we will guarantee, as principal debtor, to [Central Government Authority's name and address] on behalf of [Contractor's name and address], the payment of [indicate the amount], corresponding to the guarantee mentioned in Article 44 of the Special Conditions without dispute, on receipt of a first written request from the beneficiary. PR EV We further agree that no change or addition to or other modification of the terms of the contract or of the works to be performed thereunder or of any of the contract documents which may be made between you and the Contractor shall in any way release us from any liability under this guarantee. We hereby waive notice of any such change, addition or modification. The guarantee will enter into force and take effect from the [indicate the date of payment of the prefinancing] and shall be valid until the equivalent value of works have been certified by the Contracting Authority. Done at ………….., ../../.. ER We note that you will release the guarantee and notify us of the fact at the latest within thirty days of this date. Name and first name: …………………………… On behalf of: ………………… D Signature: …………….. TE N [stamp of the body providing the guarantee] Page 49 VOLUME 2 SECTION 6 – SPECIMEN RETENTION GUARANTEE (LETTERHEAD OF THE REGISTERED FINANCIAL INSTITUTION PROVIDING THE GUARANTEE) Director of Contracts Department of Contracts Notre Dame Ravelin Floriana FRN1600 Malta [Date] CT 3035/2012 W Dear Sir, IE We, the undersigned, [name, company name, address], hereby declare that we will guarantee, as principal debtor, to [Central Government Authority's name and address] on behalf of [Contractor's name and address], the payment of [indicate the amount], corresponding to the guarantee mentioned in Article 45 of the Special Conditions without dispute, on receipt of a first written request from the beneficiary. PR EV We further agree that no change or addition to or other modification of the terms of the contract or of the works to be performed thereunder or of any of the contract documents which may be made between you and the Contractor shall in any way release us from any liability under this guarantee. We hereby waive notice of any such change, addition or modification. The guarantee will enter into force and take effect from the [indicate the date of payment of the sums retained under the contract] and shall be valid until the date of issue of the certificate of final acceptance. We note that you will release the guarantee and notify us of the fact at the latest within thirty days of the date of issue of this certificate. ER Done at ………….., ../../.. Name and first name: …………………………… On behalf of: ………………… D Signature: …………….. TE N [stamp of the body providing the guarantee] Page 50 VOLUME 3 - TECHNICAL SPECIFICATIONS Note: Where in this tender document a standard is quoted, it is to be understood that the Contracting Authority will accept equivalent standards. However, it will be the responsibility of the respective bidders to prove that the standards they quoted are equivalent to the standards requested by the Contracting Authority. A. SCOPE OF WORKS PR EV IE W Reaching a height of 300 metres and representing Malta’s highest point, Dingli Cliffs are a geological “time series”, enabling the casual observer to view all of the sedimentary rock strata that make up the Maltese Islands, each with their characteristic erosion patterns. The area encompasses a series of habitats; the Upper Coralline Limestone forms plateaux which overlie a series of gently rolling landscapes characterised by blue clay, which in turn overlie other landscapes based on the Globigerina Limestone and the Lower Coralline Limestone. The Cliffs themselves are backed by extensive garigue communities, agricultural areas and a road which runs all along this stretch of cliffs. The dramatic sheer cliff faces offer great views, particularly of the island of Filfla and provide an important and popular destination for both local and foreign visitors. Dingli Cliffs form part of the coastal cliffs which are designated as a candidate Natura 2000 site and represent an Area of Ecological Importance / Site of Scientific Importance via Government Notice 400 of 1996 published under the provisions of the Development Planning Act of 1992. The nature of the site necessitates that works are carried out cautiously so as to avoid any negative effects to the environment. The objective of the current works is to create a continuous pedestrian footpath along Dingli Cliffs which are designated as a special area of conservation. The footpath created will delineate the road margin to avoid vehicular access over garrigue vegetation and prevent disturbance to rock steppe and cliff side communities. The proposed footpath will be constructed on one side of the road along the edge of the garrigue. The footpath will be paved with hardstone slabs. In narrower parts of the road the footpath will have to pass over the garrigue. Considering the ecological importance of this garrigue, an elevated walkway is being proposed. MEPA CONDITIONS OF PERMITS D B. ER Other works include the dismantling of existing franka stone walls and the construction of rubble walls. The successful tenderer shall abide by the MEPA conditions of permit (PA827/09), a copy of which is given with this tender. TE N Prior to the commencement of any works the Contractor shall prepare a Construction Management Plan which needs to be submitted for approval by MEPA. The Construction Management Plan shall be compiled to show how access to the site will be managed, how safety will be guaranteed, and how building material and building waste will be handled to ensure minimum impact. It will also detail site logistics and plant locations, and equipment etc. to be used in the execution of works indicating how the contractor endeavours to carry out the works requested by the architect and civil engineer in charge. The Contractor shall take into account the problems of access into the site, and the existing physical site constraints in particular the needs to maintain access open to the sites for visitors. It shall show in particular: - The Access Plan - All site access points for workers, plant and machinery. - Storage areas for materials and plant - A detailed Programme of Works, (Gantt chart), indicating the dates when works in their various phases would be undertaken and broken down into more detail for each activity of each phase, for approval of the Architect in Charge. Page 51 - Adequate and suitable provision to reduce dust nuisance during all phases of the works. - Protection measures for landscapes. - Measures for the safety and continued use of the site by visitors during the construction works. - The location of disposal sites for material from demolition and excavation, and the means and routing of transport to disposal sites. IE W The submission to and approval by the Architect in charge of such Programme or the furnishing of such particulars shall not relieve the Contractor of any of his/her duties or responsibilities under the Contract. The Construction Management Plan needs to be approved by MEPA prior to the commencement of works and must be prepared in accordance with the MEPA permit conditions (PA827/2009). The Construction Management Plan shall also include a method statement prepared by an ecologist for the restoration of the garrigue through the removal of asphalt material from two strips of road on either side of the Dingli radar shown in DCP-1900. C. EXCAVATION WORKS AND DISMANTLING OF WALLS EV The Contractor shall also be required to appoint an ecologist to monitor works in Section W (in the area where the raised timber walkway will be installed). The ecologist needs to be approved by the Environment Protection Department. PR 1. “Remove excess material from site” shall mean the disposal of all the surplus excavation spoil away from the site as directed by the Architect-in-charge to an authorised dumping site, including the payment of all dumping charges. The Contractor shall remove the topsoil/rock in the areas affected by the works, as approved by the Architect-in-charge. ER 2. Before commencing works the Contractor shall carry out at his cost the necessary setting out and shall ensure that any dimensions and other information shown on the drawings provided by the Contracting Authority are correct. If not satisfied with their accuracy, the Contractor shall make a written request to the Architect-in-charge for instructions. Any changes to the drawings made by the Architect in charge that may require amendments to the setting out will be carried out on site by the Contractor at no extra cost to the Contracting Authority. N D 3. All work related to excavation and filling shall conform to the requirements of BS8000: Part 1:1989. The provisions of BS 6031:2009 (Code of Practice for Earthworks) shall be held to be incorporated in these specifications unless stated otherwise. TE 4. The Contractor shall be responsible at his cost to adequately protect against damage all setting out pegs and level bench-marks. No permanent marks, scratches or pegs may be left on archaeological surfaces or ecological sensitive areas. If benchmarks need to be marked, a temporary solution which does not damage original surfaces has to be proposed by the Contractor for approval by the Architect-in-charge. 5. If any setting-out pegs or level bench marks have to be moved by the Contractor to execute any permanent or temporary works, he shall do so only on written approval by the Architect-incharge. The Contractor shall also replace such pegs or bench-marks with an alternative as approved in writing by the Architect-in-charge at the Contractor’s cost. If the Works allow it, the original setting out peg or bench-mark so removed, shall be retained in its original position at the Contractor’s cost. 6. Since excavation works are to be carried out on part of the existing road, contractor has to make sure that no damage is made to the existing road surface. It is, therefore, necessary that prior to commencement of excavation works the part of the road to be excavated be separated from the remaining road by means of a cut in the road surface by a rotary saw. Any damages caused to the existing road during excavation work have to be paid by the Contractor. Page 52 7. Any excavations shall be in strict accordance with the drawings, or as instructed by the Architect-in-charge. Excavation or drilling of holes is not permitted over the garrigue. 8. The Contractor must give reasonable notice to the Architect-in-charge when excavations are ready for inspection as per Special Conditions Article 40, and nothing shall cover the areas until such excavations have been inspected and approved. 9. The Contractor shall cart away from the site, any material extracted from the site, as a result of the excavation. The material shall be carted away in securely loaded and covered vehicles, taking care to prevent the spreading of mud and debris on the adjoining roads. Such material shall be disposed in accordance with local regulations at approved and authorised landfills. 10. If any pipes or services are encountered during the excavations, they are to be reported immediately to the Architect-in-charge and protected pending identification and further instructions. IE W 11. The Contractor shall notify the Architect-in-charge to inspect the existing backfilling once the correct levels of excavation are reached. 12. The Contractor shall be responsible for seeking and obtaining any permission required for road access and road closures as per Special Conditions Article 22. Top soil, roots and other vegetable matter Soil with high moisture content Combustible or perishable material Any material not capable of being satisfactorily compacted. PR (a) (b) (c) (d) EV 13. Where the existing surface levels need to be backfilled with inert material, in order to bring up to the required paving levels, backfill material shall be sand, (not stone dust), or coralline coarse aggregate of maximum size not exceeding 20mm. The Contractor is to select material for backfilling, and as approved by the Architect-in-charge, free from: 14. Filling and ramming shall proceed progressively. All reinstated excavated material to foundations must be solidly tamped at every 150mm of backfill. No voids are to be left in the filling and every effort should be made to return the maximum volume of backfill into the excavation. ER 15. The measurement of all excavations and subsequent disposal are those before excavation and to any depth required. The contractor must give reasonable notice to the Architect-in-charge when foundation excavations are ready for inspection and no concrete is to be poured, or work of a similar nature commenced, until such excavations have been approved. N D 16. In the event of the Contractor excavating below the levels or beyond the widths shown or directed without written instructions, the Contractor shall, at his own expense, fill the excavation to the proper level specified with concrete of the same quality to be used in the foundation. 17. The dismantling and breaking up of any walls should be carried by hand tools. No power tools shall be used unless specifically requested and approved by the Architect-in-charge. TE 18. The Contractor shall also allow in the rates for works in the area of the chapel and its immediate vicinity to proceed under the supervision of MEPA Heritage Planning Unit. D. RUBBLE WALLS 1. The work to be carried out by the mason comprises the construction of rubble wall with good quality rubble stones and according to traditional building practices. 2. The rubble stones supplied by the contractor are to be of the best quality with respect also to their form, size and colour, and to the satisfaction of the Architect-in-charge or his representative. The Architect-in-charge or his representative has the power to reject any rubble stone material which is considered of inferior quality. 3. The rubble wall construction method shall be to good workmanship practice and accepted standards. Page 53 4. The rubble wall construction may require ground preparation and construction of concrete wall foundations as directed by the Architect-in-charge or his representative. 5. Rubble wall construction, free standing or retaining, may require concrete infill Grade C20 as directed by the Architect-in-charge or his representative. 6. Rubble wall construction must be carried out in accordance with the permit conditions laid out by MEPA. E. CONCRETE WORKS 1. Concreting is required for the sub-floor, strip footings and infill of holes of concrete blocks and voids of rubble walls including the provision and laying of all necessary reinforcement as directed. IE W 2. All concrete works shall be carried out in strict accordance with the drawings and/or as directed by the Architect-in-charge. EV 3. Portland cement conforming to EN 197-1:2000 shall be used. Stacked cement shall be stored in a dry, well ventilated place with boarded floors. Cement shall moreover be of the brand approved by the Architect-in-charge. Tests of cement shall be made at the discretion of the Architect-incharge or his representative and any cement below the standard required will have to be replaced by the contractor. Partially set or damaged cement shall not be used in concrete works. PR 4. Coarse aggregates shall consist of first quality crushed hard stone passing a 19.05mm mesh sieve, graded according to EN 12620-2002. Sand or fine aggregate are to be clean, sharp and gritted and free from loamy matter and other deleterious substance. They shall pass a 9.5mm mesh sieve and be graded according to EN 12620-2002. The sand is to be washed and screened when so directed by the Architect-in-charge at the expense of the Contractor. 5. Clean, fresh water, entirely free from organic matter shall be used. The necessary quantities of water shall be provided by the Contractor at his own expense. N D ER 6. All steel reinforcement for reinforced concrete works shall be supplied and paid for by the Contractor and shall be cut, bent, tied, hoisted and placed in position and kept firmly in place where shown on drawings and/or as indicated by the Architect-in-charge. All B.R.C. fabric reinforcement shall be in sheets. All steel reinforcement is to be free from scales and any appreciable rust, and steel is to conform in all respects to the requirements specified in EN ISO 15630-1:2002. Mesh reinforcement is to comply with EN ISO 15630-1:2002. The Architect or his representative shall have the authority to order tests on any steel prior to its being used on the works. Any steel not of the required standard shall be rejected and will have to be replaced by other of approved quality at the Contractor's expense. 7. The concrete strip footing must have a minimum thickness of 150mm and reinforced with one layer of C503 fabric mesh and to be of Grade C20 mix, or as otherwise specified by the Architectin-charge or his representative. No additional payments are made to Contractor for the cleaning debris from the trench prior to concreting. TE 8. The concrete sub-floor must have a minimum thickness of 100mm and reinforced with one layer of A98 fabric mesh and to be of Grade C20 mix, or as otherwise specified by the Architect-incharge or his representative. 9. All fabric reinforcement is to be in sheets and fixed in the required position by metal chairs or some suitable method approved by the Architect-in-charge or his representative. Adequate and effective precautions should be taken to leave all reinforcement undisturbed during concreting and the Contractor should use planking elevated on low trestles for the passage of wheelbarrows. Wheel-barrows shall under no circumstances be allowed to transit directly over the reinforcement. All reinforcement shall be placed strictly as directed. Nothing shall be allowed to interfere with the required disposition of the reinforcement. The Contractor shall make a particular point to see that all parts of the reinforcement are placed correctly in every respect, and are temporarily fixed where necessary to prevent displacement before or during the process of tamping and ramming the concrete in place. Page 54 10. The reinforcement is to be free from oil, paint, mill scale, excessive rust or coating of any character which would tend to destroy its adhesive bond with the concrete. In addition, when the reinforcement is in a position ready for concreting, the contractor must notify the Architectin-charge or his representative to check the reinforcement at least one day before concreting. Such checking shall not relieve the contractor from any of his responsibilities under the contract. W 11. The materials for the concrete are to be carefully measured in the proper proportions, measuring containers of suitable sizes being provided by the contractor and used for the purpose. The contractor is to obey all directives by the Architect-in-charge or his representative concerning the mix. The mixing of concrete, unless otherwise authorised by the Architect-in-Charge or his representative, shall be done by batch of approved type, which will ensure a uniform distribution of the materials throughout the mass so that the mixture is of uniform colour and homogeneous. The entire contents of the drum shall be discharged before recharging. The mixture shall be cleaned at frequent intervals while in use. The volume of mixed materials shall not exceed the manufacturer's rated capacity of the mixer. The mixing of each batch shall not be less than 1 minute or exceed 10 minutes under normal conditions. Immediately after mixing, concrete shall be transported to the work and carefully placed round the reinforcement and carefully tamped so as to exclude any voids. A mechanical vibrator shall be used throughout all concrete works. PR EV IE 12. Not more than 30 minutes shall elapse between mixing and final placing of concrete. The retampering of the concrete which has commenced to set and remixing with or without additional cement, aggregate or water shall not be permitted. Before placing any new concrete against an existing face, this face shall be roughened, cleaned and brushed over with a thick grout of cement. All concrete shall be well watered and protected from the sun for four days after placing. The quantity of water used shall be the minimum necessary to produce concrete of the workability required by the Architect-in-charge. The consistency of the concrete when required by the Architect-in-charge shall be measured by the slump test which in no case shall be more than 100mm. 13. The minimum top and edge cover to reinforcement shall be 30mm in applications where the slabs are not exposed to the elements, and 40mm in applications where slabs are permanently exposed to the elements. 14. 150mm cubes shall be prepared on behalf of the Contracting Authority by a nominated laboratory. The contractor shall give at least a one-day notice of concreting to the Department. Compression tests on these cubes shall attain a strength of not less than 14N/mm2 after 7 days and 20N/mm2 after 28 days for Grade 20 mix. ER 15. Concreting shall only be allowed on week days during normal working hours. Such works will not be allowed on Saturdays, Sundays and Public Holidays unless specifically authorised by the Architect in charge and the Supervisor/Architect-in-charge. Failure to abide by such instructions would entail non-payment for concrete cast. (a) D 16. The following procedures shall apply following test results on Grade C20 concrete: 7-Day Test Result N Test Result Below 7N/mm2: TE Between 7 & 12N/mm2: Above 12N/mm2: (b) Action Contractor will be instructed to demolish and replace concrete immediately at his expense. Contractor will be instructed to suspend any masonry works on the overlying floor pending the result of the 28-day test. Contractor is allowed to carry on with works on the overlying floor. 28-Day Test Result Test Result Below 15N/mm2: Between 15 & 20N/mm2: Action Contractor will be instructed to demolish and replace concrete immediately at Contractor’s expense. A penalty of €175 will be deducted. Contractor will be instructed to produce an Architect's certificate assuming responsibility for the works (no payments will be settled where the contractor fails to follow this procedure). A Page 55 €175 penalty will be deducted for each failed test. Considered as satisfactory. Above 20N/mm2: F. HARDSTONE MATERIAL FOR PAVING SLABS & KERB 1. The proposed paving slabs and kerb shall be of the first quality natural hardstone material to meet the following minimum material properties: Compressive Strength: ≥50 MPa Density: ≥ 2500kg/m³ Water Absorption: ≤ 3% W 2. Tenderer’s attention is drawn to the fact that submitted Test Certificates have to comply with the following important criteria to be accepted as authentic Test Certificates. Compressive Strength Testing in accordance with MSA EN 1926:2006 (Natural Stone Test Method: Determination of Uniaxial compressive strength). Bending Strength Testing in accordance with MSA EN 13161:2008 (Natural Stone Testing Methods: Determination of flexural strength under constant moment) IE 3. Tenderers are to submit at tender stage (Volume 1, Section 4, Form 4.3) the following information for hardstone paving material: PR EV (a) Signed authentic and recently dated (not more than 18 months) test certificates from an independent testing house which should conform to the above specifications. (b) Specify the country of origin of material. 4. The combination of shapes and sizes of slabs used to form the crazy paving and the joint thickness between the slabs have to be approved by the Architect-in-charge prior to the commencement of works and after the Contractor has prepared on site a sample (of circa 2m by 2m) to show how the crazy paving will look when laid with the grouting. This sample will be required over and above the sample required at tender stage. ER 5. The colour of the hardstone material shall be yellowish white or as approved by the Architect-incharge after award of tender. 6. The hardstone material shall not have a pitted or cracked surface and shall be of consistent texture. D 7. The material to be used for the crazy paving shall be good quality natural hardstone with a minimum thickness of 50mm and finely bush hammered to render it non-slip. Although the crazy paving requires that the slabs to be of variable sizes and shapes they should be straight edged so that when they are laid they create an interesting ‘crazy’ pattern with a joint width of not more than 10mm. N 8. The hardstone slabs that shall be used for the border of the crazy paving should be 200mm x 200mm x 100mm thick, finely bush hammered. TE 9. The hardstone kerb should be 200mm wide x 225mm high, chamfered on one side. 10. Contractor shall deliver and deposit to site the hard stone paving slabs and kerb as directed. He shall exercise care to ensure that no damage is procured to the material. Any material which is found damaged or defective shall be replaced by the Contractor at his expense. The Architect-incharge or his representative shall have access to the production stores where the material is being manufactured, stored and prepared for delivery to the department. 11. All hardstone material shall be approved by the Architect-in-charge and any slabs which in his opinion are defective shall be replaced at Contractor’s expense. The Contractor shall set out the work and make good any surface irregularities and surface projections. The Contractor shall furnish all labour, material, tools and equipment required to complete the works (deliver, supply, unloading and laying) including equipment that controls airborne dust propagation. Page 56 12. Paving slabs and kerb shall be bedded solid in a cement/lime/sand mortar (1:2:6) 13mm thick. The regular joints shall be filled and grouted with a matching coloured cement/ mortar to match the hard stone. 13. Bad workmanship will not be allowed and rectification has to be carried out by Contractor at his own expense maintaining the stipulated timeframes. Detailed plans will be provided and paving work will have to be according to these details. The contract rate is deemed to be all inclusive and all work and cutting around the above indicated items are included in contract rates. No claims for extras and variations for this type of intervention will be entertained. 14. An important aspect of the finished surface of the hard stone paving is the grouting of joints. No staining with grouting material to the hard stone paving will be allowed. The grouting of joints will be carried out in such a manner that the surface of the hard stone paving slab is completely exposed. Contractor may be asked to lay a sample paved area for viewing before he proceeds with further paving works. IE W 15. The following samples must be submitted as per Volume 1 Section 1 - Instructions to Tenderers Clause 30.4: A receipt will be given for the samples submitted. EV One in number hardstone slab 200mm x 200mm x 50mm thick. A sample of the hardstone crazy paving laid on a portable frame or tray of circa 900mm x 900mm. A 200mm section of a 200mm wide x 225mm high hardstone kerb. G. ELEVATED WALKWAY PR Samples must be accompanied by a written declaration from source of origin indicating clearly from which country such materials would be procured. ER (a) The Substructure 1. Works consist in the manufacturing and assembling of a Fibre-Reinforced Plastic (FRP) frame using standard profiles to serve as a substructure for the elevated walkway. N D It is envisaged that the fabrication of the walkway substructure will be based on a number of repeated modules manufactured in the workshop and assembled on site. There may be situations where an additional FRP frame has to be added to the substructure to make good for difference in rock levels exceeding 600mm (maximum allowable size of supporting screwjack pedestal). 2. All FRP profiles comprising hollow sections, angles and U-channels should have the following material properties: TE Longitudinal Longitudinal Longitudinal Longitudinal Longitudinal Longitudinal Tensile Strength: ≥210 MPA Tensile Modulus: ≥22 GPa Flexural Strength: ≥302 MPa Flexural Modulus: ≥18.6 GPa Compressive Strength: ≥258 MPa Compressive Modulus: ≥19.2 GPa Transverse Tensile Strength: ≥75 MPA Transverse Tensile Modulus: ≥10 GPa Transverse Flexural Strength: ≥76 MPa Transverse Flexural Modulus: ≥7.2 GPa Transverse Compressive Strength: ≥98 GPa Transverse Compressive Modulus: ≥7.2GPa Elongation to Break: 0.9% Water Absorption: ≤ 0.57% Density: 1.8g/cm3 Page 57 Electrical Surface Resistivity: ≥6.5x1012 Ohms 3. Prior to the start of fabrication of the substructure, the Contractor shall submit in duplicate, for approval of the Architect-in-charge, all the necessary fabrication details, the schedule of fabrication of members, the connections and the method of fixing. Such approval shall not relieve the Contractor from his/her responsibility for the correct positioning, fitting and fixings of materials and/or his responsibility as a Contractor. Every FRP profile shall be distinctly marked before delivery, in accordance with a marking diagram, and shall bear such other marks as will facilitate erection. Care is to be taken in the preparation of shop details to ensure such flexibilities in the design of connections so as to cater for any lack of fit of members and sections of frameworks that may occur within the permitted tolerance. The Contractor shall obtain the approval of the Architect-in-charge as regards, quality, dimensions and weight of all materials to be used in the fabrication prior to purchase. Colours of profiles are to be approved by the Architect-in-charge. IE W 4. The positioning and levelling of the substructure, the plumbing of the upright members, and the placing of every part of the structure with accuracy shall be the responsibility of the Contractor and shall be in accordance with the approved drawings and to the satisfaction of the Architectin-charge. Any remedial works necessary shall be carried out and completed by the Contractor at his/her own expense before the installation continues. EV 5. Copies of test certificates will be required for all materials and will be submitted to the Architect-in-charge. The Contractor shall take any steps that may be directed to satisfy the Architect-in-charge that the dimensions of the various profiles are those shown on the Drawings. If any further tests are necessary due to lack of information, the cost of such tests shall be borne by the Contractor. In order to obviate delays, it is intended that all major specification tests will be undertaken at source. The Architect-in-charge may request Contractor, if considered necessary, to send test pieces to an approved testing laboratory. PR 6. The Architect-in-charge or his representative shall have access at all times to all places where work is being carried out and shall be provided, by the Contractor, with all necessary facilities for inspection during installation. The Contractor (and any sub-contractors employed) shall ensure that the same responsible supervisor or foreman is directly in charge of the works throughout all the stages of fabrication and installation and that the material and the work are regularly inspected by the Contractor’s own inspector. N D ER 7. All FRP profiles at the site shall be stored and handled so that the members are not subjected to excessive stress or damage. The component parts shall be assembled in such a manner that they are neither twisted nor deformed or otherwise damaged, and shall be so prepared that the specified cambers, if any, are provided. All tubular members shall be sealed so as to prevent the access of moisture to the inside of these members. The Contractor shall solely be responsible for any damage done to the structure during installation and any members, which have been in any way distorted either before or during installation, shall be straightened or replaced in an approved manner at Contractor’s expense. TE 8. The Contractor shall ensure that the structure is fabricated to the specified clearances. Stainless steel rivets should be used throughout for connections of different profiles according to BS 4620: 1970 (1988) unless otherwise specified by the Architect-in-charge. All holes shall be drilled and care shall be taken to remove all burrs and arrises formed during the drilling operations. When holes are drilled in one operation through two or more separable parts, these parts shall be separated after drilling and any burrs are to be removed. 9. Signed authentic and recently dated (not greater than 18 months) test certificates of the various FRP profiles to be used is required with the tender document. (b) Timber Decking & Handrail 1. Works consist in the supply, finishing and installation of a walkway decking system complete with handrail including all fixtures and fittings, as indicated on the detail drawings. For the decking and supporting battens only natural wood is acceptable. 2. The timber for the decking and supporting battens shall be solid Padouk (or Padauk) and that for the handrail in solid Iroko. Representative samples of the timber shall be submitted for approval Page 58 for quality and colour prior to commencement of works. It shall be pre-treated against rot and fungal attack. Preservative treatment shall be in accordance with the guidelines of the latest edition of the British Wood Preserving and Damp-proofing Association Manual, or an approved equivalent. 3. Contractor shall demonstrate that any adhesives used satisfy the characteristics of the wood used, and the environmental conditions for the Walkway and satisfying the testing requirements of MSA EN 302-1 through to 4: 2004. 4. The surface finish shall be hardwearing, easy to clean, and suitable for an area of high public use. The Contractor shall make proposals for finishing systems, appropriate to the type of wood proposed and the exposure of the timber. Finishing for external timber elements shall be suitable for a severe degree of exposure, as defined in BS 6150: 2006. IE W 5. All timber components shall be cut to length from kiln-dried timber, to a moisture content not exceeding 16% + 3% and perfectly rot-proof without any chemical treatment and very stable regardless of the external conditions. 6. The overall dimensions and profiles of the timber shall be in accordance with the detail drawings, or other instructions by the Architect-in-charge. Timber shall be machined to length and machined surfaces shall be suitable for the intended finish. EV 7. All timber used shall be of the best quality available. Timber shall be free from large loose or dead knots, shakes, checks, splits, excess wane sapwood, decay, insect attack or other defects. Any joinery that shrinks, warps, or flies before a period of twenty four months, that is in the warranty period, shall be replaced at the contractor's sole expense. 8. The decking system should enable the installation of planks without any visible screws. It has to allow lateral movement between the planks without any resulting deterioration to the wood. PR 9. The decking system should be anti-theft. 10. The planks used for the decking system should be 100mm wide and cut to specified lengths. The cut should be precise so that on-site trimming is avoided. 11. The gaps between the planks should permit free circulation of air. 12. The planks should have an anti-slip surface and free from splinters. ER 13. Where timber elements are indicate to be screwed to metal frame elements, screws shall be stainless steel. N D 14. All elements shall be delivered to the site with adequate protection which shall be maintained until it is fixed in position, and final finishing applied. Site storage shall be under cover, and in such conditions that the delivered moisture content of the elements be maintained. If stacked horizontally, timber elements shall be laid on level bearers, with not less than three bearers per element. 15. Timber handrails shall be continuous, with rebates at bedding as appropriate. They shall be round as shown in the tender drawings. TE 16. The surface finish shall be suitable for an area of high public use. Decking oil, appropriate for external use, and for the hardwood selected for the deck, shall be used. 17. The following samples must be submitted to the Architect-in-charge for approval within 15 days following tender award: (a) A sample of the decking system showing how the planks are going to be fixed to the battens. (b) A small section of the Iroko handrail. A receipt will be given for the samples submitted. Page 59 (c) Screwjack Pedestals 1. Works include the supply and positioning of UV-resistant high density Polypropylene pedestals in the form of screwjacks assembled in a grid below the FRP substructure. The pedestal system is aimed at transmitting and distributing the loads from the decking structure to the exposed surface of the garrigue. 2. Correctors from 0 to 5% slopes should be integrated into the screwjack pedestal heads to ensure that the required finished levels of the decking system are attained. Slope correctors will be adjusted ad hoc in accordance with the existing rock levels. For the same reason the pedestals provided have to be of different heights, normally ranging between 35mm and 600mm. No pedestals should be used for heights greater than 600mm. Contractor is advised to visit the site before submitting the tender to establish the required heights of screwjack pedestals. 4. The pedestals should be impervious and resistant to mould. 5. IE W 3. The screwjack pedestals should have an automatic locking mechanism that prevents overextension and ensures that a minimum of 3 ribs overlap for maximum strength. Each single pedestal must have following load carrying capacities: EV Load at Rupture (loaded centrally on pedestal’s head) ≥ 12KN at 5% slope Load at Rupture (eccentrically loaded on 0.5 of the pedestal’s head) ≥ 10KN at 5% slope Load at Rupture (eccentrically loaded on 0.25 of the pedestal’s head) ≥ 7.5KN at 5% slope. 6. If any further tests are necessary due to lack of information, the cost of such tests shall be borne by the Contractor. In order to obviate delays, it is intended that all major specification tests will be undertaken at source. The Architect-in-charge may request Contractor, if considered necessary, to send pedestal samples to an approved testing laboratory. Health and Safety Provisions ER H. PR 7. Signed authentic and recently dated (not more than 18 months) test certificates of the type of pedestal to be used is required with the tender document. (a) Health and Safety Officer TE N D The contractor shall be required to appoint an Occupational Health and Safety Competent Person, appointed in accordance with the Occupational Health and Safety Authority Act, (Chap. 424 of the Laws of Malta). The Health and Safety Competent Person shall be responsible for the preparation of a Risk Assessment of the Site and the proposed works, for the preparation and administration of the Health & Safety Plan, and for the co-ordination of the construction process in order to achieve the objectives of the Health and Safety Plan. It may be required that the Health and Safety Plan be submitted for approval by the Health and Safety Authority, in which case any comments, for amendments, that the Authority deem necessary, shall be taken on board without additional cost to the Employer. The appointed Health and Safety Competent Person is to fulfil the role of Project Supervisor (i/r/o H&S Matters at both design and execution stages) in terms of LN281/2004 as stipulated in the Construction Notification Form of the OHSA. (b) Provisions for safe practice The following provisions shall be made, without limiting, in any way, other provisions that the Contractor may deem necessary in order to render the Site and the Work safe: 1. Where there is an imminent danger to the safety of workers, the Contractor shall take immediate steps to stop the operation and evacuate workers as appropriate; Page 60 Secure fencing, to prevent unauthorised access to the active work areas; 3. A Notice, giving information on the specific hazards, and on the availability of emergency assistance, shall be clearly displayed in a position such that those working on site can read it as well as those affected by the Site; 4. Routes for the movement of vehicular traffic around the work place shall be clearly delineated. 5. Escape routes and means of escape shall be kept clear at all times. 6. Existing services, both overhead and underground, within the work site and immediately surrounding the work site, shall be identified, the respective utility companies contacted for information and disconnected/made safe; 7. Special attention shall be given to lifting, slewing and overhead handling operations to avoid public access areas, 8. The Contractor shall take appropriate measures, or shall use the appropriate means, in particular mechanical equipment, in order to avoid the need for the manual handling of loads by workers; 9. Where natural lighting is not adequate to ensure safe working conditions, the Contractor shall provide adequate and suitable lighting, including portable lighting when appropriate, at the Site of work; 10. The contractor shall be responsible for ensuring that all persons on the Site, whether the Contractor’s employees or otherwise, wear the necessary personal protective clothing at all stages; 11. The Architect in charge shall have the right to send away any of the Contractor’s employees, or of his Sub-Contractors, or otherwise doing work on the site, if they do not comply with these requirements. (c) Protective Clothing and Equipment PR EV IE W 2. Safety helmets or hard hats to protect the head from injury resulting from falling or flying objects, or from striking against objects or structures; 2. Goggles, a screen, a face shield or other suitable device when likely to be exposed to eye or face injury from airborne dusts or flying particles, dangerous substances, harmful heat, light or other radiation, and in particular during welding, flame cutting, or other hazardous work; 3. Protective gloves and suitable protective clothing to protect hands or the whole body when exposed to heat radiation or while handling hot, hazardous or other substances which might cause injury to the skin; 4. Footwear of an appropriate type when employed at places where there is the likelihood of exposure to adverse conditions, or of injury from falling or crushing objects, hot or hazardous substances, sharp-edged tools or nails; 5. Respiratory protective equipment, suitable for the particular environment when workers cannot be protected against airborne dust, vapours or gases by ventilation or other means; TE N D ER 1. 6. Waterproof clothing and head coverings when working in adverse weather conditions; (d) Storage of Materials 1. The Contractor shall provide safe, sufficient and suitable storage for flammable liquids, solids and gases such as ethyl silicates and/or fuels. 2. Storage areas for flammable liquids, solids and gases shall be rendered secure against trespassers. Page 61 3. Smoking shall be prohibited and “No Smoking” notices or appropriate design and shape shall be prominently displayed in all spaces containing readily combustible or flammable materials. 4. Combustible material such as scrap wood or plastics, oily/greasy waste, sawdust or packing material shall not be allowed to accumulate in places of work, but should be kept in closed metal containers in a safe place. (e) ‘Housekeeping’ Program A suitable “housekeeping” programme shall be established, and be continuously implemented on the Site. 2. Areas within the Site, which are liable to become slippery, because of oil or other causes, shall be regularly cleaned up, or strewn with sand or sawdust. 3. It shall include provisions for the proper storage of materials and equipment, and for the removal of scrap, waste and debris at appropriate intervals. 4. Loose materials that are not required for use shall not be placed or allowed to accumulate on the site. IE W 1. EV (f) Machinery and Equipment All manual tools, pneumatic tools, electrical tools, etc. shall be suitable for the work to be carried out, shall conform to approved standards and regulations, shall be safe and such that they can be operated without risk to health. 2. They shall be provided with protective guards, shields or other devices as appropriate, which shall be maintained regularly, which shall be equipped, where applicable, with an extraction system which shall be as close as possible to any source of the dust, and which sucks away from the breathing zone, not through it, shall be fitted with shock absorbing materials, and be fitted with noise control protection devices at source to reduce as much as possible noise exposure. 3. Only insulated or non-conducting tools shall be used on or near live electrical installations if there is any risk of electrical shock. Only non-sparking tools shall be used near or in the presence of flammable or explosive dust or vapour. 4. Operating triggers on portable pneumatic tools shall be so placed as to minimize the risk of accidental starting of the machine, and so arranged as to close the air inlet valve automatically when the pressure of the operator’s hand is removed. Hose and hose connections for compressed-air supply to portable pneumatic tools shall be designed for the pressure and service for which they are intended, fastened securely to the pipe outlet, and equipped with a safety chain, as appropriate. Pneumatic shock tools shall be equipped with safety clips or retainers to prevent dies and tools from being accidentally expelled from the barrel. Pneumatic tools shall be disconnected from power and the pressure in hose lines released before any adjustments or repairs are made. 5. Portable electric tools shall generally be used on reduced voltage to avoid as far as possible the risk of lethal shock. All electrical tools shall be earthed, unless they are “all insulated” or “double insulated” tools which do not require an earth. Earthing shall be incorporated in metallic cases, and as a safeguard against damaged cables, where wires enter the tool. Electric tools shall be fitted with protection guards that are regularly maintained for their effectiveness. Power cables to electrical tools shall be armoured and/or covered in thick flexible rubber, and socket outlets shall be of special design for outdoor use, and protected by a residual current circuit breaker. 6. All electrical tools shall receive inspection and maintenance on a regular basis by a competent electrician, and complete records kept. 7. The cables of portable electrical lighting equipment shall be of adequate size and characteristics for the power requirements and of adequate mechanical strength to withstand severe conditions in construction operations. TE N D ER PR 1. Page 62 8. All vehicles shall be of good design and construction, taking into account established ergonomic principles, particularly with reference to the seat; they shall be maintained in good working order, shall be used with due regard to health and safety, by workers who have received appropriate training. 9. Where appropriate, earth-moving or materials-handling equipment shall be fitted with structures designed to protect the operator from being crushed should the machine overturn, and from falling material. 10. All vehicles and earth-moving or materials-handling equipment shall be fitted with a plate indicating the gross laden weight; the maximum axle weight or, in the case of caterpillar equipment, ground pressure. IE W 11. Plant, machinery and equipment shall be switched off when not in use and isolated before any major adjustment, cleaning or maintenance is performed. Where trailing cables or hose pipes are used they shall be kept as short as practicable, be mechanically protected and not be allowed to create a safety hazard. 12. Mobile high pressure compressor plants and equipment shall be examined, tested and certified annually by a mechanical Engineer having a warrant to practice his profession. EV 13. Portable compressors shall be fitted with a double adjustable tow-bar and jockey wheel. When the plant/equipment is in operation, wheel chocks shall be installed. The wheels must be fitted with brakes that are operated automatically via a handbrake for parking purposes. 14. Only competent persons shall operate and maintain such plant and equipment. PR (g) Personnel The Contractor shall assign workers only to employment for which they are suited by level of training, age, state of health and skill, and having ensured that the workers are fully aware of any risks to health or hazards connected with the work, and that they are trained in the precautions necessary to avoid accidents or injury to health. Such training shall be given in a language that is understandable to the workers. The training shall be sustained periodically and shall take into account any new or changed risks to the health and safety of the employees concerned. 2. When the use of equipment is likely to involve a specific risk to the health or safety of workers, the Contractor shall take the measures necessary to ensure that: ER 1. N D (a) The use of equipment is restricted to those persons given the task of using it, and who have been adequately trained for the specific task; (b) In the case of repairs, modifications, maintenance or servicing, only competent workers are specifically designated to carry out such work. TE (c) All operators of construction equipment shall receive basic training as per Code of Practice provisions. (d) Drivers of heavy machinery shall have followed an approved course in relation to the equipment to be used or driven and be in possession of a valid license. (h) Maintenance 1. All equipment/plant shall be certified to be in a proper working order, and shall be operated by trained personnel. Page 63 (i) Noise Emissions 1. Noise emission levels from the plant/equipment must conform to approved local standards, and in particular EN ISO 11690. 2. The exhaust system from any engine used on site must be fitted with a residual silencer. (j) Cranes All lifting equipment used on site shall be certified by a warranted Mechanical Engineer every 6 months, in accordance with the regulations issued by the Occupational Health and Safety Authority. 2. Copies of the certificates shall be sent to the Architect and civil engineer in charge. 3. Failure to comply or to update these certificates will lead to an automatic penalty. 4. Further measures shall be taken to protect cranes against the effects of bad weather and lightning. IE W 1. (k) Temporary Electrical Installation EV 1. Any temporary electrical installation on the Site shall meet the requirements of Enemalta and/or local legislation and in particular legal notices/ regulations issued by the Malta Resources Authority. TE N D ER PR 2. Any temporary electrical installation shall be certified by an independent warranted electrical Engineer, every 3 months, and the certificate shall be affixed in a prominent position next to the Main Temporary Switchboard. Page 64 VOLUME 4 - FINANCIAL BID BILL OF QUANTITIES I. Preamble Tenderers must price each item in the bill of quantities separately and follow the instructions regarding the transfer of various totals in the summary. IE W The bill of quantities must be read with all the other contract documents and the Contractor shall be deemed to have thoroughly acquainted himself with the detailed descriptions of the works to be done and the way in which they are to be carried out. All the works must be executed to the satisfaction of the Engineer. 1.1. Quantity of items EV The quantities set forth against the items in the bill of quantities are an estimate of the quantity of each kind of the work likely to be carried out under the contract and are given to provide a common basis for bids. There is no guarantee to the Contractor that he will be required to carry out the quantities of work indicated under any one particular item in the bill of quantities or that the quantities will not differ in magnitude from those stated. When pricing items, reference should be made to the conditions of contract, the specifications and relevant drawings for directions and descriptions of work and materials involved. PR The quantities given in the bill of quantities are provisional and reflect the estimates made at the time of approval to provide a basis for this document and tenders. Tenderers must consider every aspect of the tender document carefully. Any comments concerning the quantities must be made in the form of an attachment, following the system of itemisation, quoting the codes and brief descriptions, as in the present documents, including the rates and prices. ER Save where the technical specifications or the bill of quantities specifically and expressly state otherwise, only permanent works are to be measured. Works will be measured net to the dimensions shown on the drawings or ordered in writing by the Engineer, save where described or prescribed elsewhere in the contract. N D In adjusting extras or variations on the contract, works will be measured on the same basis as that on which the quantities were prepared. All works not specifically mentioned in the bill of quantities will be taken as included in the prices of various items. Where, in the opinion of the Engineer, extra works cannot be properly measured or valued, the Contractor may, if so directed by the Engineer, carry out the work at the day work rates shown in the schedule of day work. All completed day work sheets must be signed by the Engineer on or before the end of the week in which the works are executed. TE No allowance will be made for loss of materials or volume thereof during transport or compaction. 1.2. Units of measurement The units of measurement used in the annexed technical documentation are those of the International System of Units (SI). No other units may be used for measurements, pricing, detail drawings etc. (Any units not mentioned in the technical documentation must also be expressed in terms of the SI.) Abbreviations used in the bill of quantities are to be interpreted as follows: mm m mm² means millimetre means metre means square millimetre Page 65 m² m³ kg to pcs h L.s. km l % N.d m/m m/d means means means means means means means means means means means means means square metre cubic metre kilogram tonne (1000 kg) pieces hour Lump sum kilometre litre per cent nominal diameter man-month man-day IE W II. Terms Relating To Payments The method for measuring completed works for payment must be in accordance with the Contract. The provisional sums in the bill of quantities must be used in whole or in part at the discretion of the Engineer or as otherwise set out in the contract. EV Each item in the bill of quantities for which payment is to be made in a lump sum, and for which no payment schedule is provided, must be paid after the work covered by the lump sum has been completed to the satisfaction of the Engineer. PR III. Pricing The prices and rates inserted in the bill of quantities are to be the full inclusive values of the works described under the items, including all costs and expenses which may be required in and for the construction of the works described together with any temporary works and installations which may be necessary and all general risks, liabilities and obligations set forth or implied in the documents on which the tender is based. It will be assumed that establishment charges, profit and allowances for all obligations are spread evenly over all the unit rates. ER The rates and prices tendered in the priced bill of quantities will be quoted at the rates current prior to the date of submission. N D Rates and prices must be entered against each item in the bill of quantities. The rates will cover all tax, duty or other liabilities which are not stated separately in the bill of quantities and the tender. IV. Completing the bill of quantities In the bill of quantities, rates and prices will be entered in the appropriate columns in Euro. TE Errors will be corrected as follows: a) where there is a discrepancy between amounts in figures and in words, the amount in words will prevail; and b) where there is a discrepancy between the unit rate and the total amount derived from the multiplication of the unit price and the quantity, the unit rate as quoted will prevail. V. Description Of Unit Prices The tables that follow give the description of the rates (or unit prices) by using the relevant clauses of Volume 3 (Technical specifications). Page 66 CREATION OF A FOOTPATH AT DINGLI CLIFFS Bill of Quantities Item Description Qty Unit Rate Excl VAT Euro Amount Excl. VAT Taxes & Other Duties Euro Euro Preambles b Contractor shall provide all materials, labour and tools required to execute the relative works. c Rates are to include for working by hand including any double handling for removal or providing of any materials, hoisting, lowering, transporting and disposal. d Engage an Occupational Health and Safety Competent Person, appointed in accordance with the Occupational Health and Safety Authority Act, (Chap. 424 of the Laws of Malta).The Health and Safety Competent Person shall be responsible for the preparation of a Risk Assessment of the Site and the proposed works, for the preparation and administration of the Health & Safety Plan, and for the co-ordination of the construction/ restoration process/es in order to achieve the objectives of the Health and Safety Plan. It may be required that the Health and Safety Plan be submitted for approval by the Occupational Health and Safety Authority, in which case any comments, for amendments, that the Authority may deem necessary, shall be taken on board without additional cost to the Employer. IE Contractor is to visit the area where works are to be carried out and ensure that the work involved is fully understood prior to quoting any rates for the following items in this bill. PR EV a W The Architect and Civil Engineer in charge shall have power to order any modification to any part of the works necessary for the proper completion and/or functioning of the works. Such modifications may consist of additions, omissions, substitutions, changes in quality, quantity, form, character, kind, position, dimension, level or line and changes in the specified sequence, method or timing of execution of the works. No order for a modification may result in the invalidation of the contract. LS 1.00 LS ER 1.00 The appointed Health and Safety Competent Person is to fulfill the role of Project Supervisor (i/r/o H&S Matters) for the Design and Construction/Execution stages in terms of LN281/2004 as stipulated in the Construction Notification Form of the OHSA. TE N D Rate shall also include for the provision of an "on call" doctor appointed by the contractor and for setting up all necessary signage on site as requested by the architect and civil engineer in charge or any of the statutory authorities, and for payment of all certification of machinery, equipment vehicles, cranes, etc. required for the execution of works described in this document. e Provide and erect where necessary barriers, hoarding, security measures, dust control measures, hazard lights, signage and such for the safety of the public in accordance with the Law and Architect's instructions. Carried Forward to Summary Page 67 CREATION OF A FOOTPATH AT DINGLI CLIFFS Bill of Quantities Qty Unit Allow for preparing and updating when required, detailed method statement reports, construction management plans, risk assessments, and programmes of work for all works specified in this document, as per requirements of the Malta Environment and Planning Authority, and or other Agency/ Authority for the approval of the architect and civil engineer in charge. 1.00 LS g Allow for making all the necessary traffic arrangements, engagement of all necessary wardens, police, etc as required by Local or National Law, for the whole duration of works, payment of any charges (Local Council, police, etc) for the operation of machinery and equipment, payments for the removal (temporary or permanent) of any services (electricity, water supply, drainage, telephone, etc) for executing the works in a safe manner and to the specifications as outlined in this document. 1.00 LS Amount Excl. VAT Taxes & Other Duties Euro Euro W f Rate Excl VAT Euro Rate shall include for the setting up of all required hoardings, plankways, signs, etc required for making the necessary arrangements for the safe movement of pedestrians. Allow for the provision, maintaining and removal of all necessary sanitary (latrine huts, washing facilities, eating quarters, etc) and first aid facilities as required by law for the whole duration of works. 1.00 LS i Allow for the daily cleaning of the road from dust and/ or other materials generated by the works and for maintaining a dust-free environment, particularly by using appropriate industrial vacum systems on site where and as required. 1.00 LS PR EV h IE Item Description ER Rate shall also include for using equipment (compressors, generators, cranes, etc) that do not cause disruption by excessive noise, vibration, fumes (exhaust) etc. Allow for the preparation of all necessary measurements, surveys and preparation of templates by a professional person, as approved by the architect and civil engineer in charge, including areas not surveyed but which form part of the tender. 1.00 LS k Allow for the setting up, maintaining and removal on completion of works, contractor's office and storage facilities for the whole duration of the project. 1.00 LS l Allow for providing, maintaining and dismantling on completion of works, all the necessary services, to include electricity, water, telephone, etc required for the whole duration of works as outlined in this document and directed by the architect and civil engineer in charge. Rate is to include for the provision of threephase power supply if required. 1.00 LS Allow for the disposal (loading and carting away) of all unserviceable material generated throughout the project. Rate shall include for all double handling, and for all vehicles, equipment, etc required for this purpose due to the location of the site in question. 1.00 LS TE N D j m Carried Forward to Summary Page 68 CREATION OF A FOOTPATH AT DINGLI CLIFFS Bill of Quantities Rate Excl VAT Euro Unit Allow for working outside normal working hours (Example working during the night, Weekends and Public holidays etc) to limit inconvenience to the public, to enable use of equipment not normally permitted during normal working hours, etc). Rate shall include for adhering to MEPA permit conditions, particularly that plant, machinery and other equipment audible at the application site and boundaries shall only be operated within the site between 0700 and 1900 hours on Mondays to Fridays, between 0700 and 1700 hours on Saturdays and at no time on Sundays or Bank Holidays. 1.00 LS o Allow for the use of all necessary machinery, equipment, etc not mentioned elsewhere in this bill of quantities for the careful execution of works to the approval of the architect and civil engineer in charge and as specified in this document. 1.00 LS p Provision for the erection of sign board 3000mm x 2000mm as detailed in to the satisfaction of the architect and civil engineer in charge and as specified in this document. 4.00 LS q Provision for site lighting to ensure that works are adequately lit during the night. 1.00 LS r Allow for attendance by the contractor and/ or his representative to site, management, and progress meetings to be held on a regular basis as, when and where (on the island of Malta) required by the Architect and Civil Engineer in charge. 1.00 LS s Allow for all insurances specified in this contract and in particular as per article 14 of the special conditions of this tender. 1.00 LS t Allow for Ecologist (approved by the Environment Protection Department of MEPA) to monitor certain works which encroach on the garrigue in Area W shown in Drawing DCP 1007 as required by the MEPA permit. The ecologist will also be required to prepare a method statement following award of tender and prior to commencement of works for the restoration of the garrigue as indicated in Volume 3 – Technical Specifications. 1.00 LS u Allow for certain works as indicated in the MEPA permit to proceed under archaeological supervision. 1.00 LS N D ER PR EV n Amount Excl. VAT Taxes & Other Duties Euro Euro W Qty IE Item Description Removal of Existing Walls 2 240.00 m 1.02 Break existing concrete coping on top of existing 600mm thick 4.00 m 28.00 m2 TE 1.01 Dismantle and cart away from site existing 230mm thick soft stone masonry wall. Rate to include expenses to remove resulting material including dumping fees. 3 masonry wall and cart away from site. Rate to include expenses to remove resulting material including dumping fees. 1.03 Dismantle and cart away from site existing 600mm thick soft stone masonry wall comprising of 2 in no. 230mm thick skins separated by 150mm thick cavity. Rate to include expenses to remove resulting material including dumping fees. Carried Forward to Summary Page 69 CREATION OF A FOOTPATH AT DINGLI CLIFFS Bill of Quantities Item Description Qty Rate Excl VAT Euro Unit Amount Excl. VAT Taxes & Other Duties Euro Euro Construction of Rubble Walls 1.04 Excavate in any type of soil down to bedrock in the areas where rubble walls are to be constructed, clean rock surface to receive concrete levelling course. Rate to include expenses to remove excess material including dumping fees. 130.00 m3 1.05 Grade C20 concrete levelling course, circa 150mm thick, to receive rubble wall. Rock excavation must be level and no additional payments will be made for additional thickness of concrete to render the concrete level. 130.00 m 1.06 Construct freestanding rubble wall, circa 460mm wide x 800mm high, as directed. The rubble stones required for construction are to be be supplied by the Contractor. 450.00 m 1.07 Grade C20 concrete coping, 75mm thick, on top of rubble wall. Rate to make allowance for concrete infill of cavities in rubble wall. 45.00 m3 1.08 Provide cut in existing road surface using a rotary saw, taking the necessary precautions not to damage the existing tarmac. 1700.00 m 1.09 Excavate in any type of soil down to bedrock in the areas to be paved, and clean rock surface to receive concrete subfloor. Rate to include expenses to remove resulting material including dumping fees. 1500.00 m 1.10 Provide bed of sand spead and levelled to receive hardstone paving slabs. 1200.00 m3 1.11 100mm thick Grade C20 concrete subfloor spread and levelled (reinforcement measured separately). Concrete to be laid to receive paving slabs. 2500.00 m 2500.00 500.00 m2 m2 1700.00 m 3 ER IE PR EV Hardstone Kerb & Paving W 3 D 1.12 Steel mesh fabric reinforcement and laying in concrete (measured net - no allowance made for laps): (a) type A98 (b) type C503 1.13 Supply and lay hardstone kerb (straight or droppers) chamfered 3 2 on one side, size 200mm wide x 225mm high. Rate to include TE Ramp N Grade C20 concrete for bedding and backing. 2 1.14 Construct 230mm thick walls using hollow concrete blocks (single type) including C20 concrete infill to form sides of ramp next to planter. 25.00 m 1.15 Provide and lay in a crazy pattern 20mm thick slabs cut from rubble stones on side walls of ramp using an appropriate fast setting cement-based adhesive. 25.00 m 2 Carried Forward to Summary Page 70 CREATION OF A FOOTPATH AT DINGLI CLIFFS Bill of Quantities Rate Excl VAT Euro Item Description Qty Unit 1.16 Supply and lay in sand and cement mortar hardstone paving slabs , size 200mm x 200mm x 50mm thick. Joints should be 600.00 m 1800.00 m2 350.00 no. Amount Excl. VAT Taxes & Other Duties Euro Euro 2 grouted flush with the paving slabs with an approved cement grout matching the colour of the slabs. Quantity will be measured net so rate has to include an allowance for material waste to Raised Walkway PR EV 1.18 Supply, deliver and lay in place UV-resistant polypropylene screwjacks with slope corrector integrated. The price should cover screwjacks of heights varying between 100mm to 600mm. IE 1.17 Supply and lay in crazy pattern irregularly shaped hardstone paving slabs, 50mm thick. Joints should not be wider than 10mm and shall be grouted flush with the paving slabs with an approved cement grout matching the colour of the slabs. Rate to include all necessary backfilling during laying. Quantity will be measured net so the rate has to include an allowance for material waste to attain the desired result of having narrow joints between irregularly shaped slabs. W attain the desired result in curved areas. 2 55.00 1.20 Fabricate and fix 48mm diameter solid Iroko handrail on each side of the walkway. Rate to include treatment of wood. 75.00 m 150.00 m 13.00 28.00 8.00 4.00 m2 m2 m2 m2 25.00 m3 ER 1.19 Design, procure, fabricate and install substructure to support raised timber decking using Fibre Reinforced Plastic (FRP) profiles as shown in drawing DCP-1800 including uprights at circa 1.5m intervals capped by a U-channel to receive round timber handrail and all necessary stainless steel fixtures. Colour of profiles to be dicided by the Architect-in-charge. Rate to include one coat of UV protection epoxy paint. 1.21 Provide 3mm diameter stainless steel rope including spring locks and tensioners between the uprights. m 1.22 Fabricate and install solid Padouk (or Padauk) decking including supporting solid Padouk battens that permit the decking planks to D be fixed without any visible screws. Rate to include all necessary stainless steel fixings between the timber frame and the TE N substructure and treatment of all timber members. (a) elevated walkway 1.35m wide (b) elevated and inclined walkway 1.35m wide (c) elevated and inclined walkway 1.5m wide (d) elevated quarter landing Planter 1.23 Deposit good quality organic soil in planter. Carried Forward to Summary Page 71 CREATION OF A FOOTPATH AT DINGLI CLIFFS Bill of Quantities 67 Page 68 Page 69 Page 70 Page 71 PR EV Total Contract Sum IE Page Taxes & Other Duties Euro W Amount Excl VAT Euro Totals Euro TE N D ER Total Contract Sum (incl VAT & Other Taxes & Duties) Page 72 VOLUME 5 – DRAWINGS Design Documents, including Drawings Section 5.1 - List of drawings attached Name Drawing No W No Dingli Walk Way - General Layout DCP-1007 2. Dingli Walk Way - Detail of Paving and Section CC 3. Dingli Walk Way - Planter Detail Z and Section FF 4. Dingli Walk Way - Lowered Pathway Detail Y DCP-1500 5. Dingli Walk Way - Lowered Pathway Detail X DCP-1600 6. Dingli Walk Way - Chapel Area showing Existing and Proposed Levels - Detail W DCP-1700 7. Dingli Walk Way - Walkway Raised Details DCP-1801 8. Dingli Walk Way – Plan showing Roads requiring Removal of Asphalt DCP-1900 DCP-1101 DCP-1401 TE N D ER PR EV IE 1. Page 73 Section 5.2 - List of Schedules No MEPA Permit PA 827/09 Date 28 March 2012 TE N D ER PR EV IE W 1 Document Page 74 N D TE ER PR EV IE W TE N D ER PR EV IE W TE N D ER PR EV IE W TE N D ER PR EV IE W TE N D ER PR EV IE W N D TE ER PR EV IE W N D TE ER PR EV IE W TE N D ER PR EV IE W ER D N TE IE W EV PR ER D N TE IE W EV PR ER D N TE IE W EV PR ER D N TE IE W EV PR ER D N TE IE W EV PR ER D N TE IE W EV PR ER D N TE IE W EV PR